, 1874-08-11

An Important Opinion by Atty.-tacii.
EAsn1ls
Special Dtspatch to 7As chicaan TFtbuue.
Brn1Nor1ELD. H., Aug. 10.--At!y..Gen. Edsall
has giyon tho following opinion to tho Auditor,
which was made publtc to-day.
ACCOMPLISHMENTS orF1or
Sin: In your eiier Of tho u init. TIL. Il Is s,ate lint
:psesau to se e ss s
t6a insurance law Of 1ae0 10 enable tho Company to
resme D bsncs. M su tat you had rs{.sea e ant Est
under tho third section Of tho net Of Fob H. iSA III
regard TO The diaso1utio Of Insurance. co'nrunies Tho
,chartet Of tho Contmuyi IL exlinct. YOU NIX my orn-
gunent Of tho con,He, for Inc Company. which has
Tho third section Of tho act IN regard to Tho assnl"
tson Of Insurance. companies n force Jtly 1874
ause con paea isorporatc IN this state which, oer
from neglect or by yoso Of setr einbors 1r osos
transact the business for which .hoy Woro orHanzea
shall ho deemed and hold e1stncs IL n. sespecs, -
ho pslitlon Of Tho Auditor of sate o. Of my person
Companies shall cIoao teIr eoneeshs dFoss statacs
le73-'k, page al. Soc. ~
prtor to Juis l. is4. ths Company Ind ecascI TO sso
policies to trafanct tho business for which II as
organized unless eortan eoEs ms1 ~ 10 1eossxe
atosh. ad the election q noasds of Directors. and
vas ora.nized within tbo puryisw Of tho. net Of
Ell nss q s as's opaon taat eso II snvs % no
,couststuts Tho 6usinesa for which tho Company
ss ose o5sse S pFenaty o. Incidental 10 tho transaeon
suss but ss do o haa IN y e io
rtska end make insurance upon tho var1oun kinds
! os property named In tho eecoua eectlon of
tho elarter. and to receive prefaiuma tho1e-
incaen,nl 10 tho transaction of ach trfncips1 buai.
ness, but tte moro exerelas Of saeh incsdensal
gsss ss 'a ornssy LIZ 'isss snsss ass sA s s
corporation was created remained suspended.
Il u co. eas,
t question @ @ st grea,er dteul.y reualns TO pe COW.
Company ha ceased 10 ransac. the business Of innr
ai,te for The perod Of ono year would rot ,nder tho
ciises M 60 of dc corporation Should tha act, which
took OBJECT July l. 1a74 have Retrospective operation,
ssH sssssn = ssk ~
the subject would otlorwise jaat'fy r. tho for,
feare g ~ frnelse q Tho c9rrosaon ~ sreassa M
buaicsH Tor wtch II waa organized for e period Of
year then 1t must DO ptospocve III i!a operation
prohhit et-rost facto lava. Although tho rrohibon
sns e poen ,so Il Is 1os ssseaa IT. Ia orss
rener act invalid, that 1t should expressly ass,no
tho Acon to Which It felaea 20 ba cE1lniaa pF prnFC
for is puuishnent, criminal o0enses II IT should
subject an Individual to leounnry penay for an oc
which, when dp,Ie involved no responsibility, or II
deprived party of any valuable right fko thu right
to follow lawful calling for acss which were Innocent
or At loast not punishable by law when committed, ths
law will be e1-post facto IN constitutional
acnse, notwithstanding. It does net
Tic renny is attached criminal. fCoolcys Constitu.
tio,,i,l Law 2o5. Folctnnr Campbell & McLoau4 ala
I Cu,ninings. Missouri l.. Wal., 277.
I nrny1pK that nothing tnrGin
tued aall lie construed 80 % to permit said Co,npan,
to do banking busncss to exempt said Company from
tho operation Of Buch general laws US Hay heEeatte
bo parsed upon tho subject Of insurance. [priYat
Laws Of 1861, page la2.1
The falr construcuou OF this section fs, that th
Company should be subject and must conform to nj
general awA of this Stata relative to Insurance com
puuics after tho passed, and ako effect, and no
that by retrospective act Of 1eg1satton tho uxiat
onco Of tho COMPANY may be determined. a bt1tut
never hold to operate retroapccvey when such con
srlctton wonid work forfeiture or aisost veto
, right, conway Cable 81. 1lllnos 81.
am therefore of tho opinion that tho fact that u
Union Insurance Company ceased to transact th
business Of insurance for 5oar prior to July :, 1877
did not oporats dissolution Of tho Company, O
subject tho sanae to forfeiture Of its franchises AL
! | existence under tho statute In question.
have tho honor 10 be yours very respectfully,
| JAMES Il. EpsALL, Attorney -Gencral.
r The Hon. g. E. Lrr1HoorT.