Diamond Glue Co. v. United States Glue Co., 187 U.S. 611 (1903)

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Diamond Glue Company v. United States Glue Company


No. 119


Argued December 16-17, 1902
Decided January 5, 1903
187 U.S. 611

ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF WISCONSIN

Syllabus

A statute of Wisconsin enacted prior to June 25, 1898, but which was to go into operation on September 1, 1898, requiring foreign corporations to file a copy of their charter with the Secretary of State and to pay a small fee as a condition for doing business there, does not impair the obligation of a contract made on June 25, 1898, by a foreign corporation to do business in Wisconsin after September 1, 1898.

The statute, as applied to this case, does not interfere unlawfully with interstate commerce, notwithstanding the fact that the business was the production of glue which naturally would be sold outside the state.

The statute originally included foreign partnerships as well as corporations. Held that the provision as to partnerships was separable, and if invalid for any reason did not affect the remainder of the act.

The facts are stated in the opinion of the Court.