by John Marshall Harlan

“ Justice Bradley said: 'I hold that the liberty of pursuit-the right to follow any of the ordinary callings of life-is one of the privileges of a citizen of the United States.' So in Jacob's Case, 98 N. Y. 99, 106: 'One may be deprived of his liberty and his constitutional rights without the actual imprisonment or restraint of his person. ”

“ The state, it may be, could forbid any foreign corporation, whose business it is to invest money for itself and others, from doing business in California by agent, or could require, as a condition of its doing business there by agent, that the corporation or agent should give such bond with surety, as may be prescribed. ”

“ The enjoyment upon terms of equality with all others in similar circumstances of the privilege of pursuing an ordinary calling or trade is an essential part of liberty, as guarantied by the fourteenth amendment. ”

“ It cannot properly be characterized as in itself or by the necessary results of the business hurtful to the community. They have as much right to pursue their calling in California, by agent, as they have to pursue it in New York. ”

“ Justice Field has said, 'the right of men to pursue their happiness, by which is meant the right to pursue any lawful business or vocation in any manner not inconsistent with the equal rights of others, which may increase their prosperity or develop their faculties, so as to give to them their highest enjoyment.' Butchers' Union Slaughterhouse Co. ”

“ That assumption is unwarranted by the facts. Hooper was the agent of Johnson & Higgins, and in that capacity alone acted for Mott. What he said and did in California was said and done for his principals. Neither Johnson & Higgins nor Hooper acted as agents for the insurance company. The transaction, in legal effect, is the same as it would have been if Mott had himself applied by mail to Johnson & Higgins for insurance, and had received the policy from them by mail or through some one in California to whom it was intrusted by that firm for delivery to him. ”