In the 1908 case of Hammond Packing Company v. State of Arkansas, the U.S. Supreme Court upheld a state law that required out-of-state companies to have an in-state agent who could be served with legal papers. The Hammond Packing Company, based in Illinois but operating in Arkansas, argued that this requirement violated their Fourteenth Amendment rights by imposing undue burdens on interstate commerce and depriving them of equal protection under the law. However, the court disagreed and ruled against them. The justices reasoned that states had a legitimate interest in ensuring they could effectively regulate businesses within their borders and hold those businesses accountable for any wrongdoing or liabilities incurred there. They also found no evidence that this requirement was discriminatory or imposed unreasonable costs on out-of-state companies compared to local ones. This decision affirmed states' power to enforce such requirements as part of their broader authority over business regulation within their jurisdiction while also recognizing constitutional limits on how far these powers can extend when it comes to affecting interstate commerce.

In the dissenting opinion for Hammond Packing Company v. State of Arkansas, Justice Harlan argued that the majority's decision was an overreach of federal power and a violation of states' rights. He contended that it is within a state's right to regulate its own commerce and protect its citizens from harmful business practices, such as those alleged against Hammond Packing Company. The justice believed that by overturning Arkansas' law on this matter, the Supreme Court was infringing upon these rights and setting a dangerous precedent for future cases involving state regulation of interstate commerce. Furthermore, he disagreed with the majority’s interpretation of what constitutes unreasonable restraint in trade under Sherman Antitrust Act; arguing instead that any agreement or combination which directly obstructs or burdens interstate commerce should be deemed illegal regardless if they were reasonable or not.