solicitation' grew up.' 134 F.2d at page 516. In short, while International Shoe recognizes that the facts there show how little more than 'mere solicitation' will suffice for valid service, that case does not say that same is the minimal requirement for valid service. Its real holding is, as A. & M. Trading Corp. construes it to hold, 'that the due process requirements of the 14th Amendment are satisfied if the suit does not offend 'traditional notions of fair play and substantial justice' * * *.' 13 N.J. at page 523, 100 A.2d at page 516.
But even if we do not, as thus indicated, discard the 'very little more than 'mere solicitation" as the minimal requirement for 'doing business', which Frene thinks we should do, 134 F.2d at page 516, we have in the case at bar a very much greater activity on the part of Atlantic Coast Line than 'mere solicitation plus'. For, as already noted, Atlantic Coast Line has made an outstanding point of its regular, continuous transaction of business, on what it widely advertises as its crack trains, i.e., the conduct of a restaurant business within the State of New Jersey every day, for several hours, with 12 stops every day, for the convenience of New Jersey passengers, let alone the rest of the passengers on the train. Surely this transaction of business in and of itself, regardless of anything else, constitutes 'doing business' within New Jersey, within the intent of the service procedure under both New Jersey and Federal law.
True, in Hedge, service on Atlantic Coast Line was held invalid. But, as noted previously, the Court's opinion there shows that none of the important facts presented to this Court were presented to it -- concerning solicitation, concerning 'solicitation plus', concerning the regular, continuous transaction of the restaurant business by the Atlantic Coast Line within the State of New Jersey every day of the year. Hedge, therefore, is no precedent under the present facts.
True, in Law v. Atlantic Coast Line R. Co., 1951, 367 Pa. 170, 79 A.2d 252, that court reached a contrary conclusion. But that is clearly for the reason that Pennsylvania is one of the states which, as is its right, adopts the strict, not the liberal, interpretation of its own statute, as to what constitutes doing business within a state on the part of a foreign corporation, so as to make it amenable to process. A comparison of the facts there, including the maintenance of a sizeable office in Philadelphia for the regular solicitation of freight and passenger business, with the holding of International Shoe, make it clear, not that Law attempts to overrule International Shoe, but that, as Partin says, 'Because a state may exercise jurisdiction, it does not follow that it does do so, much less that it must.' 202 F.2d at page 542. In other words, Law simply holds that the Pennsylvania service statute is not intended to reach foreign corporations, which do what Atlantic Coast Line does. That this is the true meaning of Law is made even more clear by Partin, which itself shows how restrictive the Pennsylvania law is in that regard. This conclusion indeed is reinforced by Lutz v. Foster & Kester Co., 1951, 367 Pa. 125, 79 A.2d 222, cited in Partin, 202 F.2d at page 544, where the Supreme Court of Pennsylvania similarly finds that even stronger facts than those involving the Atlantic Coast Line, let alone the facts involved in International Shoe and A. & M. Trading, do not suffice to permit the Pennsylvania courts to take jurisdiction of a foreign corporation. Indeed, this Pennsylvania restrictive rule is first laid down in Shambe v. Delaware & Hudson R. Co., 1927, 288 Pa. 240, on page 250, 135 A. 755, on page 758, where the court recognizes the existence of the broader rule, as in New Jersey, and Federally, but decides to adopt the more restrictive rule for Pennsylvania.
But since this divergence in the rules between different jurisdictions is simply a matter of state policy, the policy of Pennsylvania can not affect the policy of the New Jersey and Federal courts, which bind this Court, as above.
The final question is simply whether there is anything in the due process clause of the Constitution which prevents the State of New Jersey, and in turn, the Federal Courts, from carrying out the above intent of the New Jersey service procedural rule. Here we call to mind the fact, as was said, long ago, that the due process clause is no 'straitjacket'. Twining v. State of New Jersey, 1908, 211 U.S. 78, 29 S. Ct. 14, 53 L. Ed. 97, and that the states have wide discretion procedurally, despite the due process clause. Wolf v. People of State of Colorado, 1949, 338 U.S. 25, 69 S. Ct. 1359, 93 L. Ed. 1782. We also bear in mind the principle, as laid down in International Shoe, as above, that all that is required in that regard is that the service procedure shall not offend 'traditional notions of fair play and substantial justice.' 326 U.S. at page 316, 66 S. Ct. at page 158. Finally, it is no objection to a court's taking jurisdiction over a foreign corporation, that the cause of action sued upon had no relation to the corporation's activities within the state, or even that such cause of action did not arise within the jurisdiction. Perkins v. Benguet Consol. Mining Co., 1952, 342 U.S. 437, 72 S. Ct. 413, 96 L. Ed. 485. In any event, here the cause of action did arise within the District of New Jersey, and it may well be that the shipment, causing the accident sued on, arose from the Atlantic Coast Line's above solicitations. It might be further noted that the fact that Atlantic Coast Line's activities within the State of New Jersey were all in the course of interstate commerce is quite immaterial. International Harvester Co. of America v. Commonwealth of Kentucky, 1914, 234 U.S. 579, 589, 34 S. Ct. 944, 58 L. Ed. 1479.
Accordingly, since Atlantic Coast Line is regularly engaged within the State of New Jersey in solicitation, plus other activities much greater than those involved in International Shoe, in Frene, in A. & M. Trading Corp., or in Ackerley, and since these activities in fact constitute what Atlantic Coast Line itself regards as a necessary adjunct to a particularly important part of its own business, which it regularly and continuously transacts within the State of New Jersey, it can not be concluded that to serve process on Atlantic Coast Line's own servant, when 'acting in the discharge of his duties' in that activity is a violation of 'traditional notions of fair play and substantial justice'.
The motion of Atlantic Coast Line to quash the service of process herein will be denied. Enter order accordingly.
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