hooper people state california argued decided january section political code state california provides follows insurance commissioner must require every company association individual incorporated laws state proposing transact insurance business agent agents state commencing business file office bond signed person firm officer agent principal two sureties approved commissioner penal sum insurance company association firm individual whose account proposed collect premiums insurance state condition bond follows person firm agent officer named therein acting behalf company association firm individual named therein pay treasurer county city county principal office agency located sum per quarter quarterly advance license transact insurance business license may imposed law long agency remains hands person firm agent officer named principal bond person firm officer agent pay state stamp duties gross amounts insured inclusive renewals existing policies person firm agent corporation named therein conform provisions revenue laws made govern section penal code california follows person state procures agrees procure insurance resident state insurance company incorporated laws state unless company agent filed bond required laws state relative insurance guilty misdemeanor day september plaintiff error charged police city county san francisco day april city county san francisco committed misdemeanor procuring insurance account foreign companies complied laws state procured resident state insurance insurance company incorporated laws state wit china mutual insurance company boston said company agents filed bond required laws state relative insurance jury waived case tried defendant found guilty sentenced pay fine default thereof imprisoned city prison hours motions arrest new trial made several grounds among necessary state following statute wit section penal code state california amounts regulation commerce several foreign nations therefore violation paragraph article constitution section penal code state california violation constitutional right defendant transact business state california opposed good morals health community said statute police regulation said statute violation fourteenth amendment motions overruled cause taken appeal superior city county san francisco highest appeal permissible constitution laws state california facts stated follows firm johnson higgins average adjusters insurance brokers residing principal place business city new york state new york insurance brokers procure persons whatever state resident request persons insurance ships vessels cargoes freights insurance companies incorporated laws state california business therein provided laws said state receive said companies marine policies issued said companies insuring said ships vessels deliver party parties procured said firm johnson higgins times herein mentioned place business city county san francisco state california defendant times herein mentioned charge said business employe agent said johnson higgins otherwise day march mott resident state california inquired said defendant said defendant agent johnson higgins procure said johnson higgins place certain amount insurance steamer alliance san francisco certain named rate premium said defendant replied see done respect thereupon said defendant informed johnson higgins inquiry said mott requested advise said defendant anything done premises compliance said request said defendant said johnson higgins telegraphed said defendant follows alliance four thousand dollars done american form advise said defendant name company said insurance placed contents telegram named communicated defendant said mott april said firm johnson higgins forwarded said defendant policy mutual insurance company insuring four thousand dollars said steamer alliance insurance company company incorporated laws state california agent filed bond required laws said state california relating insurance policy delivered defendant said mott thereupon said mott paid said defendant agent johnson higgins premium said insurance premium deposited defendant bank san francisco credit johnson higgins johnson higgins duly advised said premium collected amount deposited bank credit said verbal acts said mott also said defendant acts defendant agent said procuring done city county san francisco state california foregoing statement judgment affirmed upon ground facts appear record herein bring act defendant within true intent meaning section penal code state california facts case said act repugnant provisions constitution justice harlan justice brewer justice jackson dissenting john parsons plaintiff error van ness britton browne defendant error justice white stating case delivered opinion principle right foreign corporation engage business within state creation depends solely upon state long settled many phases application illustrated decisions bank earle pet insurance french society coite wall provident institution massachusetts id hamilton massachusetts id paul virginia wall ducat chicago wall state tax railway gross receipts wall pailroad peniston wall delaware railroad tax case id state railroad tax cases philadelphia pennsylvania sup california southern pac sup home ins new york sup maine grand trunk sup ashley ryan sup exceptions rule embrace cases corporation created one state rests right enter another engage business therein upon federal nature business instance derived act congress become lawful agency performance governmental quasi governmental functions necessarily mentality interstate commerce business constitutes commerce therefore solely within paramount authority congress cases exceptional business protected interference state authority reasons upon exceptions general rule based often explained telegraph texas gloucester ferry pennsylvania sup philadelphia pennsylvania sup mccall california sup norfolk pennsylvania sup pickard car sup robbins taxing sup leloup port mobile sup asher texas sup stoutenburgh hennick sup crutcher kentucky sup case last cited precedents fully reviewed governing reasons law upon subject clearly elucidated contention inasmuch contract one marine insurance matter interstate commerce beyond reach state authority included among exceptions general rule proposition involves erroneous conception constitutes interstate commerce business insurance generically appertain commerce settled since case paul virginia supra see also philadelphia fire new york sup authorities cited true paul virginia cases followed particular contract consideration insurance fire principle upon cases decided involved question whether contract insurance kind constituted interstate commerce reaching conclusion upon question concerned matter distinction marine fire insurance proceeded upon broad analysis nature interstate commerce relation insurance contracts generally bear thereto thus paul virginia speaking justice field said policy insurance transaction commerce policies simply contracts indemnity loss fire entered corporations assured consideration paid latter contracts articles commerce proper meaning word subjects trade barter offered market something existence value independent parties commodities shipped forwarded one state another put sale like personal contracts parties completed signature transfer consideration contracts interstate transactions though parties may domiciled different policies take executed delivered agent virginia local transactions governed local law constitute part commerce contract purchase sale goods virginia citizen new york whilst virginia constitute portion commerce language reiterated case philadelphia fire new york supra crutcher kentucky supra applying exception general rule held state kentucky without power prevent corporation engaged interstate commerce entering state carrying business therein also pointed distinction making contracts insurance interstate commerce necessary instrumentalities thereof follows case entirely different foreign corporations seeking business belong regulating power congress insurance business example carried state foreign corporation without complying conditions imposed legislation state regard manufacturing corporations corporations whose business local domestic nature include express companies whose business confined points places wholly within state cases effect numerous evident said attempt distinguish policies marine insurance policies fire insurance reach deduction constitutional difference business corporation issuing policies one kind corporation dealing policies kind affects question state authority control business either based upon fundamental misconception nature constitutional provision relied upon ignores real distinction upon general rule exceptions based consists difference interstate commerce instrumentality thereof one side mere incidents may attend carrying commerce distinction always carefully observed clearly defined authorities cited power regulate interstate commerce applied incidents commerce might give rise contracts might made course transaction power embrace entire sphere mercantile activity way connected trade exclude state control many contracts purely domestic nature business insurance commerce contract insurance instrumentality commerce making contract mere incident commercial intercourse respect difference whatever insurance fire insurance perils sea state california power exclude foreign insurance companies altogether territory whether formed purpose fire marine business power allows companies enter confines determine conditions entry shall made necessary consequence possession powers right enforce conditions imposed laws preliminary transaction business within confines foreign corporation whether business carried officers ordinary agents company also right prohibit citizen contracting within jurisdiction foreign company acquired privilege engaging business therein either behalf agent empowered end power exclude embraces power regulate enact enforce legislation regard things done within territory state may directly incidentally requisite order render enforcement conceded power efficacious fullest extent subject always course paramount authority constitution argument bar admitted contract considered made california case governed foregoing principles unless business foreign company writing marine insurance protected interstate commerce clause constitution seen case claimed however irrespective clause conviction statute terms invalid undertakes forbid procurement contract outside state secondly evidence shows contract fact entered without territory california language statute fairly open construction punishes person state procures agrees procure resident state insurance etc words state read law order nullify constitution urged words person agrees procure resident state inconsistent preceding language state procures etc argument act punished procuring resident order procure another procurer must agent hence contract insurance procured agent insured agent foreign company inasmuch foreign company law technically within state purpose giving assent contract insurance must procured without state fallacy ingenious easily exposed elementary rule every reasonable construction must resorted order save statute unconstitutionality parsons bedford pet coombs pet brewer lessee blougher pet supervisors brogden sup presser illinois sup admission insurance procured resident foreign company agent state exclude possibility procured within state obtained resident broker resident procuring within state covered statute business broker serve connecting link party insured party insuring bring meeting minds necessary consummation contract discharge business representative parties certain extent insurance monitor mut insurance young mass insurance reynolds domat thus defines functions engagement broker like proxy factor agent difference broker employed persons opposite interests manage agent one negotiate commerce affair concerns thus engagement twofold consists faithful parties execution every one intrusts power treat explain intentions parties negotiate manner put employ condition treat together personally dom strahan translation bk tit story says statement functions broker full exact description according sense law story ag ed note contention plaintiff error admitted established authority state prevent foreign corporation carrying business within limits together personally dom strahan destroyed necessary corporation understanding resident effecting contracts residents state considered agent insured persons company make exercise substantial valuable power state government depend actual facts transactions lawfully seeks extend control upon disposition corporation resort mere subterfuge order evade obligations properly imposed upon public policy forbids construction law leads result unless logically unavoidable facts found enforce correctness views illustrate evil statute doubtless intended prevent johnson higgins average adjusters brokers new york city hooper plaintiff agent place business san francisco broker applied insurance principals new york city policy came san francisco delivery premium paid one contention remains noticed said right citizen contract insurance guarantied fourteenth amendment therefore deprived state capacity contract agent fourteenth amendment however guaranty citizen right make within state either directly indirectly contract making whereof constitutionally forbidden state proposition citizen might make contract beyond confines state therefore might authorize agent violate behalf laws state within limits involves clear non sequitur ignores vital distinction acts done within acts done beyond state jurisdiction judgment affirmed justice harlan dissenting hooper plaintiff error agent san francisco firm johnson higgins average adjusters insurance brokers business city new york latter capacity firm procured customers insurance companies wherever incorporated insurance ships vessels cargoes freights mott resident california inquired hooper procure certain amount insurance vessel named alliance given rate premium particular company specified mott hooper communicated principals latter telegraphed reply four thousand dollars done american form name company insurance placed mott informed telegram johnson higgins procured forwarded hooper policy china mutual insurance company boston insuring alliance sum hooper delivered mott latter paying former agent johnson higgins amount premium amount deposited bank san francisco credit johnson higgins latter notified deposit account stated mott prosecuted statute california provided person state procures agrees procure insurance resident state insurance company incorporated laws state unless company agent filed bond required laws state relative insurance guilty misdemeanor pen code bond referred prescribed section political code california makes duty insurance commissioner require every company association individual incorporated laws california proposing transact insurance business agent agents state commencing business file bond sureties penal sum conditioned person firm agent officer named therein pay treasurer county city county principal office agency located sum per quarter payable advance license transact insurance business license may imposed law long agency remains hands person firm officer agent named principal bond person firm officer agent pay state stamp duties gross amounts insured inclusive renewals existing policies conform provisions revenue laws made govern true stated opinion delivered held state may prescribe conditions upon corporations engaged interstate commerce may business within jurisdiction indeed may exclude corporations altogether limits paul virginia wall adjudged corporation citizen within meaning clause constitution declaring citizens state shall entitled privileges immunities citizens several although purposes suit courts must deemed citizen state whose laws created question like one involved case presented decision question rights individual citizens california new york section political code california applies insurance companies incorporated laws state transact business within limits statement case appeal shows defendant charge business johnson higgins san francisco employ agent otherwise suggestion statement china mutual insurance company boston proposed business california agent stated johnson higgins ever claimed agents company company ever recognized agents ever issued resident california policy insurance except one delivered johnson higgins firm obtained forwarded hooper latter delivered mott single act company held prove proposed transact business state contemplated issuing policy resident california manufacturing ferguson sup referring statute colorado forbidding foreign corporations business except upon complying certain regulations said embrace single isolated transaction foreign corporation indeed prosecution present case manifestly mind difference single act insuring property transact insurance business agent agents seen complaint hooper prosecuted allege infer purposely failed allege company issued policy question proposed transact business california us statute making crime procure agree procure california resident state policy insurance foreign corporation propose business agents far appears never issued resident california policy one issued mott opinion statute application case presented illegal interference liberty mott hooper well abridgement privileges foreign corporation individual citizens policy question obtained johnson higgins pursuing one ordinary callings life city new york lawful calling much merchant grocer manufacturer tailor shoemaker properly characterized necessary results business hurtful community much right pursue calling california agent pursue new york course every calling subject power state within whose limits pursued regulate mode violate essential rights liberty property guarantied federal constitution hostile state action conceded california require every one acting within limits agent others whether insurance brokers merchants grocers manufacturers tailors shoemakers take license pay tax agent regulations made applicable similar circumstances agents business california follow absolutely prohibit individual citizens people conducting agents ordinary calling immoral dangerous public enjoyment upon terms equality others similar circumstances privilege pursuing ordinary calling trade essential part liberty guarantied fourteenth amendment powell pennsylvania sup among inalienable rights possessed american citizens justice field said right men pursue happiness meant right pursue lawful business vocation manner inconsistent equal rights others may increase prosperity develop faculties give highest enjoyment butchers union slaughterhouse crescent city landing sup case justice bradley said hold liberty right follow ordinary callings one privileges citizen jacob case may deprived liberty constitutional rights without actual imprisonment restraint person liberty broad sense understood country means right freedom actual servitude imprisonment restraint right one use faculties lawful ways live work earn livelihood lawful calling pursue lawful trade avocation many individuals firms whose business negotiate ioans others often generally money hands corporations investment corporations may agents outside state located thought statute making crime one state enacted procure one residents firm brokers new york loan money corporation another state propose business agent elsewhere place creation state may forbid foreign corporation whose business invest money others business california agent require condition business agent corporation agent give bond surety may prescribed made crime one state procure loan money resident state individual citizens another state although money obtained foreign investment company proposing transact business agent state borrower resides application borrow comes yet principle approves opinion seem justify contrary view mott hooper acted compelled restrict application insurance foreign companies proposing business california filed bond required statute state preferred insurance company agent california right preference interference free exercise infringe liberty suppose applied mail directly johnson higgins insurance vessel firm delivered policy question express company directions deliver mott suppose mott made application mail directly company believe statute making conduct either cases supposed criminal offence sustained consistent constitutional guaranties liberty seems opinion state liberty treat one criminal another latter might right without becoming criminal judgment state make crime one people obtain agency individual citizens another state insurance upon property foreign corporation choosed enter former state agents chief vice argument counsel support california statute found assumption hooper well principals johnson higgins acted agents insurance company assumption unwarranted facts hooper agent johnson higgins capacity alone acted mott said california said done principals neither johnson higgins hooper acted agents insurance company transaction legal effect mott applied mail johnson higgins insurance received policy mail one california intrusted firm delivery california forbid mott self obtain mail policy foreign corporation agent representative california make crime statute question repugnant constitution judgment power excluding foreign corporations business within limits agents exerted state impair destroy constitutional rights people citizens think judgment reversed justice brewer concurs opinion justice jackson absent participated consideration case opinion submitted concurs views expressed