, 1880-02-03
THE COURTS.
7rdoe Tuley Takes the Republic Life
Injunction under Amusement.
n.,,,, kptdt.a ia ths Staie Sa5lngs by Order u
' fSttt : ylfst Lien.
NJ. aootiou Of the Macarthur Case on Trial
Before Judge Blodgott.
New Suits, Divorces, Confessions, Judg-
mcnts, ETC.
,r1rE RErUt}LlC LIFE.

TIE RErUBLlC LIFE. ...
tudge Tuicy wns cnKnEod nearly all any yes.
...a.r In hearing tho arguments on n motion Of
w. f,cceycr for ilnnl injunction In tho cnsc Of
Nccdlrs ". The Republic Life Insurance. CnHl-
n.uy, Tho petition WINS t,lctl In November last.
snd tho argument bns been had IN weekly m
~.aIImcnt, most Of tho tmn alncc. TIC last Of It
was heard Srstern'St a'l' l"e "'"etct uAAe" u"-
der alviscment.
~. Il, i, Sherman, on behalf nf Needles,
.ndI.or of State, mdttc tho first remarks. 1In
cloln,c thu. tho n,,kwer Of tho Insurance Com
n.ny had been filed admitting oil tho allegations
~ ,he htI,. Tie insolvency, nf tho Company.
therefore, was 9l,ltte' "a al,d fnas ~ y G1ld not
drny tho Jurisdiction of tho Court, T. hnd con.
scnicd for two years 70 the juriA'l!ctj0n. and
S"d S" mad" the point that tho stnt,te Of 1874. for
,ho dissolution Of insDrhnrc companies, was I'M
constitntonal. hccauso T. lntHrfergd With tho
,tss:H'hes ,sst.edh = Il pSrmt,si 2 eompsny u se
d:.,yea ,,a,a mtfsY TS"t onacd Jury The fr? so 1h1s u
ss2s, spss,on tho faans fpan whce o sse company IL" 3
rcasrd IN do ttsincs. nr o1tEhi to cease to do II,
Sana a # nh"rcn 1s e Il fa.s ag Sss
aho object for which tho charter was given waa
M longer accomplished. Corporntlons, ncccptcd
,se ;ssf siatn H3'nfs aht resate an Sose tc @
Whenever their functions ceased. Tho tntnro
and 0hjrcts Gf n 1lfc-inAltrnnrC company hn0rt-
ri abundant rrasun why It should ho subject
In tho trini If tho Stntc. Tint was NJ oven dur
ing il active operation by giving tho AudtnF
s,lch control rntne within tho police powers.
When tho Legislature WIS by tho charter d..
vested nf its right to control corporations, such
Grant nf power waa void. No Legislature, cnl, hr
dcnrjvcd Of tts Inherent right 10 control and reg
1atc corporations. Tho stR!tite nF 1875 did not
nrair the otltHntion nj the cnttrct- i Infected
nniy the remedy, and not tho right. Tho right
ri trial by Jury WIS no rart OF tho char
tcr tx,rtrfct. Tho Inv rs 70 tho remedy
eas no part Of tho cnntrnct. THO obligations
nj lilo contract were not impaired BY altering
tho mode Of enforcing tho sumo. Tho rctsotl
of the nw Of 1A74 WINS the inn.lcqnacyeOt tho pro-
ccedil>gs Ivy quo wHrrnntD To protect tho rtlhlU
in rrgard Ia Insurance companies.
Mr.. Jcwrtt followed on behalf Of tho Re.
cclvcr, discussing principally tho doctrine lnii
d,wn In tho N,inn case, and clniInfnF II tho
satc Ind such extensive powers N relation to
warehouses md r7tlrnads, It CertNinly had equal
powell nvcr insurance companies.
Tho arguments wCrc c2osNf by Mr.. kAlcs. Tic
eontnnted TINT tho right Of trsal ny Jury wla So
cured by tho Constitution OF Illinois. That thnt
was 20 fundamental n right that tho Legislature
had no right to deprive tho corporation Of its
charter except after Il trial by jury. Moreover
the Company had nnvcr boon called on to c0u.
sent or iitssent Until tho present petition aud
mntion for flnnl Injunction WDrc entered. 1t WINS
mt too lnto now to nbicGt that It wns dragged
Into court ngnnst It's will; md rs tho law Wal
unconstitutional, tho Rccetybr should bc dis.
missed md the case dismissed