The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-12-23
rae FoREIoN INSURANCE AGENCY
CASES
Decision Of Judge CranmeF IN the Natter

DECISION OF SuukcGFhumeEA an Ahe1eaNA'
Our readers will remember that a month
or more ago large number Of cases in the
Police Court against insurance agents to
enforce penalty for doing business with.
out a city license, were argued before
Judge oranmer, the argument occupying
nearly week. Attorney General White
and Messrs Lamb and Barr represented
the agents, and City Solicitor Erskine rep.
resented the city. The Judge rendered his
decision Yesterday. Asst was quite lengthy
we content ourselves with giving the lead
ing points, i,
The Judge quoted the language Of the
ordinance making it unlawful for any
person to establish any insurance agency,
or transact any business as insurance
agent or broker, or solicit risks for any
foreign insurance company, without first
having obtained license therefor-ior
which he shall pay into the treasury Of the
city fifty dollars" The ordinance is based
upon the act OF 1879, amending the char
ter OF the city, where 1t Is provided among
other things that, "The Council shall iur.
Their have authority to assess by ordinance,
and collect, an annual license on each
agency OF any foreign insurance company
doing business within the city,"
Does this act authorize this ordinance?
A municipal corporation can exercise the
following powers and no others: First,
those granted In express words; second,
those necessarily or fairly implied in. or Incl
dent TO the powers expressly granted third,
those essential to the declared objects and
purposes Of the corporation.
The power contained in the act above
quoted contemplated one OF two objects,
to wit, provision for regulation simply,
and power to tax license fee.
Was it the intention Of the Legislature
to only confer the power TO regulate? lit
was. then the argument that, the act rec.
ognizing the business as lawful one, the
ordinance making 1t unlawful ought to
prevail so far as refusal to obtain license
to pursuelt, is concerned, and in such case
no tax by way Of license fee can be i'm
posed. But il power to tax a
license lee be granted by the act,
and no limitations or restrictions
ore contained in the Act granting the
power, there the amount of the tax i'm.
posed is left to the discretion OF the Coun-
Gil.
What is the meaning Of the terms, "As:
sess by ordinance and collect an annual
license" as employed in the Act?
Assess Its defined TO mean ITO fix o
value" The word must be coupled with
some object to give it effect. Coupled
hero with the words land collect an an.
nual license" 1t means taxation by way Of
license fee. lift had been the intention
OF the Legislature to limit the power in
the grant 10 the right 10 regulate alone, it
would not, to express that power, have
used the terms, "to assess by ordinance
and collect an annual license" but would
have used the terms, "to regulate and
license" or "to regulate by license" or
simply, $40 license"
But it is insisted that a municipal cor.
poration has no power to tax business,
which the State has licensed as lawful.
This ia a mistake, for the State can and
does often grant the power to municipal
corporations to tax business which is
licensed by it.
Exception is taken by way OF argument,
that the ordinance does not strictly con-
form 10 the Act, for the Act authorizes a
license to be assessed on teach qgncy,"
while the ordinance makes 1t unlawful for
'sany perSon to establish any insurance
agency, or transact any business as insur-
ance agent" &c. In support of their views
the counsel say that an Agency is a thing;
an Agent is person. The agent is then
relation between principal and agent, and
there is no authority TO collect from the
person, or the Agent. To hold that the
legislature meant to authorize the collec-
ton to be made from the mere relation
the thing-would be an undignified triil.
ing with language. The word Agency"
as applied to each defendant in these ca
ses may be properly used as the instru.
mentality through which the business Is
done, to wit; through the agency OF A. II.
Beach.
The legislative intent was TO authorize
the council to charge license fee for the
business oil these foreign corporations. To
effect this they could only do so through
their representatives or agents. The court
agrees with defendants counsel that a
mere power to license will not confer
power to tax, but holds that the legisla-
ture did confer power TO assess and col
lect license fec or tax.
The State has power to discriminate
against foreign insurance companies be-
cause they are foreign corporations. The
code difines what are "ioreign insurance
companies.
The court then takes up the question Of
uniformity Of taxation, and holds that
there is no violation Of any constitutional
provision or principle upon that score.
The requirement Of uniformity Is appliCa-
BILE where the subjects OF taxation are the
understanding up on the same footing.
The validity OF go much oil the ordinance
as relates 10 brokers and solicitors OF risks
was not passed upon-the question not
arising in the cases argued
The question OF the sutticiency OF the
processes, the court says is much more
easily disposed Of upon the motion to
quash. He holds that 1t must be directly
averred that the city is plaintiff, and that
the recital whereas complaint hath been
made by A. B., for and on behalf. OF the
City OF Wheeling, that &c. Is insufficient.
The summons is also defective In not des-
scribing the offence with sufficient clear
ness.
The net result OF the decision Is that the
ordinance 10 sustained that these suits are
all quashed because Of flaws in the writs,
and new suits must be brought. The
principal defects in the writs Is one which
Is found in the printed form, which has
been used since the organization Of the
Police Court. This decision will require
the getting up Of anew set OF blanks and Q
considerable increase OF work hereafter on
the part OF the Clerk Of the Municipal
Court in Issuing summonses in police
cases.
WooDs-HowELI-A very pleasant and
quiet little wedding came off last night at
thh reailanra of Vim. Hanaa Ean cnrnhr