Oliver Wendell Holmes, Jr.

“ The most serious aspect of the defense is presented by the matter of the plaintiff's name. If the legislation of a state undertook to appropriate to the use of its own creature a trade name of known commercial value, of course the argument would be very strong that an act of incorporation could not interfere with existing property rights. And, no doubt, within proper limits, the argument would be as good for a foreign corporation as for a foreign person. ”

“ The conclusion is drawn that the restrictions upon the defendant which flow from the charter to the plaintiff amount to a denial of the equal protection of the laws of Virginia to a person within its jurisdiction. But the power of the state as to foreign corporations does not depend upon their being outside of its jurisdiction. Those within the jurisdiction, in such sense as they ever can be said to be within it, do not acquire a right not to be turned out except by general laws. ”

“ The latter was incorporated in 1893, the articles of association reciting that the associates comprise the national council, the supreme head of the order in the United States (where it previously had existed as a voluntary association) . Its objects were to promote the interests of Americans and shield them from foreign competition, to assist them in obtaining employment, to encourage them in business, to establish a sick and funeral fund, and to maintain the public school system, prevent sectarian interference with the same, and uphold the reading of the Holy Bible in the schools. ”