Louis Brandeis

“ Whether the privilege shall be granted to a foreign corporation is a matter of state policy. Virginia might refuse to grant the privilege for any business, or might grant the privilege for some kinds of business and deny it to others. [2] It might grant the privilege to all corporations with small capital while denying the privilege to those whose capital or resources are large. ”

“ The value of the privilege acquired is obviously dependent upon the financial resources of the corporation-not only upon the capital possessed at the time of its admission to do business, but also upon the capital which it will be in a position to secure later through its existing authority to issue additional stock. Obviously, the power inherent in the possession of large financial resources is not dependent upon, or confined to, the place where the assets are located. ”

“ No reason is suggested why a different rule should be applied to the entrance fee charged this foreign corporation.
Fourth. It is contended that a statute which measures the entrance fee solely by the authorized capital deprives the corporation of its property without due process, be cause the amount is determined by reference to property beyond the taxing jurisdiction; and also that this charge is an arbitrary taking of property. As has been shown, the amount of the entrance fee is not measured by property, either within or without the jurisdiction; and it is not a tax upon property. ”

“ With respect to the admission fee, so to speak, which the foreign corporation must pay to become a quasi citizen of the state and entitled to equal privileges with citizens of the state, the measure of the burden is in the discretion of the state, and any inequality as between the foreign corporation and the domestic corporation in that regard does not come within the inhibition of the Fourteenth Amendment ”

“ Every foreign corporation, when it obtains from the State corporation commission a certificate of authority to do business in this State, shall pay an entrance fee into the treasury of Virginia to be ascertained and fixed as follows:↑ Virginia does, in fact, refuse to foreign corporations the privilege of doing any intrastate public service business. ”

“ Maine Rev.Stat. (1930) c. 56, § 10, as amended Pub.Laws 1931, c. 240; Maryland Code (Supp.1935) art. 81, § 133; Massachusetts Gen.Laws (1932) c. 156, § 53; Michigan Comp.Laws (1929) § 10138; Minnesota Stat. ”