by John Marshall Harlan

“ If the foreign corporation, without first paying those amounts, does business of any kind in the state, it will incur not only the penalty of $1,000 for so doing, but will forfeit its right to make any contract in the state, enforceable in law or equity,-whatever its subject-matter,-even if it be one relating to the business of the United States or to commerce among states. A statute of that kind would be palpably in conflict with the constitution, and especially an invasion of rights under that instrument of a corporation engaged in interstate commerce and seeking to do business in Arkansas. ”

“ If a statute, by its necessary operation, really and substantially burdens the interstate business of a foreign corporation seeking to do business in a state, or imposes a tax on its property outside of such state, then it is unconstitutional and void, although the state legislature may not have intended to enact an invalid statute. ”

“ The state lays an unequal burden on the plaintiff as compared with corporations of Arkansas, in that domestic corporations, organized and existing at the time of the passage of the statute, are not required to pay into the treasury of the state any sum whatever upon their capital stock, but are allowed to continue their business without the payment of any sum ”