Mallinckrodt Chemical Works v. Missouri Ex Rel. Jones
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI. The facts, which involve the constitutionality under the Fourteenth Amendment of a statute of Missouri requiring corporations to file annually an affidavit of non-participation in trusts and combinations, are stated in the opinion. The requirement as to trust certificates is not due process. The requirement as to date of incorporation is impossible of compliance, and hence is not due process.
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ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI. The facts, which involve the constitutionality under the Fourteenth Amendment of a statute of Missouri requiring corporations to file annually an affidavit of non-participation in trusts and combinations, are stated in the opinion. The requirement as to trust certificates is not due process. The requirement as to date of incorporation is impossible of compliance, and hence is not due process. The requirement of venue and jurat in “ County,” when defendant is not domiciled in any county, is not due. process. An unfounded discrimination by…
1Opinion of the CourtJustice Pitney
This was an action brought by the State of Missouri, at the relation of the Circuit Attorney of the City of St. Louis, against the Mallinckrodt Chemical Works (a Missouri corporation), to forfeit its charter for failure its officers to file with the Secretary of State in the year 1910 the affidavit prescribed by § 10322, Missouri Rev. Stat. 1909, setting forth the non-participation of defendant in any pool, trust, agreement, combination, etc. The Supreme Court of the State affirmed a judgment of forfeiture (249'Missouri, 702), and the case is brought here upon the contention that the statute…
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