The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-10-28
THEINsURANCG GASES.
Argument ofAttorney General white 70
The Agents Yesterday.

The Agents Yesterday.
According 10 previous arrangement the
agents Of foreign insurance companies in
this city together with their counsel sp.
peared before Police Justice Cranmer yes
terday morning at 10 O'Clock in the NUM-
cipal Court room. Quite q number OF
spectators were present and also q mum.
Der Of attorneys not personally interested
in the cases.
Attorney General Robert White, Of the
counsel for the agents, opened the argu-
mentsand spoke the entire day. We give
the points upon which he based his mo.
ton to quash the processes:
First-That the summons should be
auashed from errors apparent upon its
face, in that It does not name any plaintiff;
Il does not substantially plead the ordi-
nance under which it purports to be issued,
and does not charge any legal ohense
against the parties.
Second.-It is claimed that the City
Council can pass no ordinance unlessclearly
authorized to do 80 by legislative action,
must strictly conform 10 acts Of the Legisla-
ture. aud insist that the ordinance 10 ques'
ton does not conform to the act Of Legis-
lature.
The Legislative act authorizes the coun-
Gil to assess and collect the license on
each agency, Of any foreign insurance
company doing business In this city. The
ordinance is not consistent with the act oil
Legislature, First, because 1t seeks to pun
lish any individual who may transact
business as an insurance sgent OF for
eign company, or any person who may
solicit risks for q foreign company, or who
NAV establish an insurance agency in the
CITY. II does not therefore seek to assess
a tax upon each agency, but seeks TO pun
lish an individual who may happen to bt
. an agent. Again the ordinance is incon
sistent with the act OF Legislature, because
the act OF Legislature authorizes Council
alone to assess license upon each agency
Whereas the ordinance seeks to make the
business unlawful, unless license II
| first obtained from the Clerk OF the city.
Again, the ordinance Is Inconsistent
with the act Of the Legislature, because
the act authorizes the Council t
assess and collect the license OF
such agency OF foreign company
:. doing business in the city. The or
dinance seeks 10 make that business un
Lawful unless the license is first obtainec
} and paid for. Again, even II the ordinance
lie not inconsistent with the act OF the LIE
gislature then the license tax, II meant Z
: be q tax for revenue, amounts more thar
| to single tax, because 1t Is so great as L
) operate as prohibition to the business
Ifmeant TO be license for the regulation
OF the insurance business In the city, ther
. the tax being $50 for each company rep
resented is illegal, for in such case thu
, license cannot be required OF q create
amount than Is sufficient to reimburse the
city for all costs and damages sustained b,
it or It's people or expenses incurred In pro
yiding such regulation resulting there
from. i,
Its also insisted that, inasmuch as tn
!. foreign companies have complied with tn
State law 10 paying taxes, &C., in Janu
airy, 1870, and were granted the priyileg
OF doing business in the State, that tn
! Legislature could not interfere with thei
so doing business by afterwards. durini
!. that wear, authorizing the imposition Q
additional burdens by imposing taxation
: during that year.
MIR. Barr will follow Mr.. White, ant
Mr.. Lamb Mr.. Barr, alter which City So
licitor VIM. Erskine will follow for tn
. city.
Alter the conclusion OF General White
] arguments Judge Cranmer adjourned tn
luther hearing until Friday morning a
10 o'clock.