108 BULLETIN 110 6, U. S. DEPARTMENT OF AGRICULTURE 
ized, must the association comply with the laws of those States re- 
specting foreign corporations ? All of the States, it is believed, have 
statutes relative to foreign corporations doing business within their 
borders. If a cooperative association that is formed in one State 
enters into marketing contracts with producers in another State, 
and the products covered by the contracts on delivery to the associa- 
tion are to be moved out of the State or are to be delivered to the 
association out of the State in which grown, then it appears clear , 
that an association would not be required to comply with the laws 
of the State with respect to foreign corporations. The situation 
would involve interstate commerce, and the Supreme Court of the 
United States has held that a corporation of one State may purchase 
goods in another State for shipment out of the State without the 
consent of the latter. The following quotation is taken from an 
opinion of the Supreme Court of the United States. 40 
A corporation of one State may go into another, without obtaining the leave 
or license of the latter, for all the legitimate purposes of such commerce; and 
any statute of the latter State which obstructs or lays a burden on the exer- 
cise of this privilege is void under the commerce clause. 
Where goods in one State are transported into another for purposes of sale, 
the commerce does not end with the transportation, but embraces as well the 
sale of the goods after they reach their destination and while they are in the 
original packages. Brown v. Maryland, 12 Wheat, 419, 446-447 * * * ; 
American Steel & Wire Co. v. Speed, 192 U. S. 500, 519 * * *. On the same 
principle, where goods are purchased in one State for transportation to another, 
the commerce includes the purchase quite as much as it does the transporta- 
tion. * * * 
In no case has the court made any distinction between buying and selling 
or between buying for transportation to another State and transporting for 
sale in another State. Quite to the contrary, the import of the decisions has 
been that, if the transportation was incidental to buying or selling, it was not 
material whether it came first or last. 
In a Nebraska case it was urged that a cooperative association in- 
corporated under the laws of Kansas could not maintain a suit in 
Nebraska because the association had not complied with the laws of 
that State respecting foreign corporations, 41 but the supreme court 
of Nebraska held that the association was engaged in interstate com- 
merce and hence was not required to comply with the laws of Ne- 
braska affecting foreign corporations. A number of the States have 
provisions in their statutes which specifically refer to cooperative 
associations formed in other States. 42 For instance, two provisions 
from the laws of Indiana 43 illustrative of this matter read as follows : 
(1) Before any foreign corporation without capital stock and not for 
pecuniary profit shall be permitted or allowed to transact business or exercise 
any of its corporate powers in the State of Indiana, it shall be required to file 
in the office of the secretary of state a copy of its charter or articles of incor- 
poration, duly certified and authenticated by the officer who issued the original, 
or the officer with whom the original was filed or recorded. * * * 
(3) The secretary of state, upon the admission of such foreign corporation to 
do business in the State of Indiana, shall issue a certificate and shall state 
in such certificate of authority to do business issued by him the powers and 
objects of said corporation which may be exercised in this State, and no corpora- 
tion shall by this certificate of the secretary by [be] authorized to transact 
any business in this State for the transaction of which a corporation can not 
be organized under the laws of Indiana. 
i0 Dahnke-Walker Milling Co. v. Bondurant, 257 U. S. 282. 42 S. Ct. 106. 
a Nebraska Wheat Growers' Ass'n v. Norquest, 113 Neb, 731, 204 N. W. 798. 
* 2 Laws of New York, 1926, ch. 231, 
"Acts of 1921, p. 117, 
