gn insurer is not determinative when the State
seeks to regulate solicitation within its borders, Justice Douglas, in a
concurring opinion, emphasized that it is the nature of the State's
action that determines the degree of activity in a State necessary for
satisfying the requirements of due process, and that solicitation by
existing members operates as though the insurer "had formally designated
Virginia members as its agents."

Insisting that "an _in personam_ judgment cannot be based upon service
by registered letter on a nonresident corporation or a natural person,
neither of whom has ever been" in Virginia, Justice Minton, with whom
Justice Jackson was associated in a dissenting opinion, would have
dismissed the appeal on the ground that "Virginia has not claimed the
power to require [the insurer] * * * to appoint the Secretary of State
as their agent for service of process, nor have [its] courts rendered
judgment in a suit where service was made in that manner." He would
therefore let Virginia "go through this shadow-boxing performance in
order to publicize the activities of" the insurer.--Justices Reed and
Frankfurter joined this dissent on the merits.--Ibid. 655-656, 658, 659.

In Perkins _v._ Benguet Mining Co., 342 U.S. 437 (1952) it was held,
that the State of Ohio was free either to open its courts, or to refuse
to do so, to a foreign corporation owning gold and silver mines in the
Philippine Islands, but temporarily (during Japanese occupation)
carrying on a part of its general business in Ohio, including directors
meetings, business correspondence, banking, etc. Two members of the
Court dissented, contending that what it was doing was "giving
gratuitously an advisory opinion to the Ohio Supreme Court. [They] would
dismiss the writ [of certiorari] as improvidently granted." The case is
obviously too atypical to offer much promise of importance as a
precedent.

[724] Arndt _v._ Griggs, 134 U.S. 316, 321 (1890).

[725] Ballard _v._ Hunter, 204 U.S. 241, 254 (1907); Pennoyer _v._ Neff,
95 U.S. 714 (1878).

[726] Dewey _v._ Des Moines, 173 U.S. 193, 203 (1899); Pennoyer _v._
Neff, 95 U.S. 714 (1878).

[727] American Land Co. _v._ Zeiss, 219 U.S. 47 (1911).

[728] Pennoyer _v._ Neff, 95 U.S. 714 (1878); citing Boswell _v._ Otis,
9 How. 336 (1850); Cooper _v._ Reynolds, 10 Wall. 308 (1870). Such
remedy, by way of example, is also available to a wife who is enabled
thereby to impound local bank deposits o