Weekly commercial herald., 1886-03-05
q WISE AND Just LAW.


Legislature a bill to relieve the citi-
zens Of the State ngainst the disastrous
consequences that must ensue from
:he decision of the Supreme Court,
lately rendered in the case of Pollard
VS.. the Phoenix Insurance Company,
unless it shall become law.
1t will be remembered by our read
ers that, odious though the result
would seem, the Court held that even
contract of insurance made by
merchant is void If he had
paid to the State an insufficient
license tax for the privilege of mer-
chandising. It's beyond question that
merchants generally, before their at
tention was called, with such empha-
sis to the law. went upon the idea that
the privilege tax was graduated not by
the value of the stock of goods carried.
but by the capital employed in mer-
chandiSing, and that perhaps did not
generally exceed one third the value of
the goods.
We learn that suits are now pend
ing in different courts of the State for
nearly one hundred thousand dollars
against insurance companies for losses
by fire, and that in all the cases that
odious defence is set up. That is to
say the policy holders must be de-
MED all claim under their contracts be.
cause they failed to pay the full amount
required by the State for the privilege
of doing business. In other words
that for that reason they must submit
to financial ruin.
Not alone are policy holders invol-
we'd but hundreds Of merchants in all
parts of the State to whom debts are
due ;who have sold goods on credit
and loaned money.
Judge Campbell of the Supreme
Court is known to have said, that he
never delivered an opinion or pro-
nounced judgment with such a feeling
Of sadness because, although he con-
sidered the law plain and explicit, he
saw the disastrous consequences that
must follow the enforcement.
The plaintiff in the case decided,
Mrs. Pollard, of Okolona, has her all
dependent upon the final result of that
litigation there are merchants and
good men in Vicksburg in the same
predicament it is feared.
The bill before the Legislature pro-
vides that upon the payment by any
person Of the true amount he should
have paid the State for license
for the past three years, he
shall BE- relieved of the pains
and penalties of default, and all his
contracts shall thereupon become en-
forceable, provided, payment be made
in ninety days.
We sincerely hope, for the sake of
humanity and for the honor of our
people, that No amount of lobbying
will induce single Senator or Repre-
sentative to vote against this most wise
and righteous measure. No person or
corporation can justly complain of
such law, while the refusal to pass it
could work a result next to iniquitous
If it is said that the law would be
unconstitutional, or disturbing vested
rights, or impairing the obligation of
contracts; we reply that we have taken
pains to inquire and 6nd that legisla-
tion of that kind is upheld by the best
courts and jurists Of America. Should
anyreader desire to pursue the subject
we refer him to Cooley on Constitu
tional Limitations page 376; Ewel
VS. Daggs 108 United States Supreme
Court page $50; Gross VS.. United
States Mortgage Co., same Report page
Az. Town of Danville, VS.. Price, q
Grattan { Va Reports) l. (In this case
there is splendid opinion by Judge
Staples of the Virginia court of
Appeals) Lewis VS.. McIlvain. II
Ohio 347 and 500. Parmelee VS.
Lawrence 48 Illinois, 33l.--Andrews
vs. Russell Blackf 474. Woodruff
VS.. Scruggs, q Arkansas, 26. Baughr
VS.. Nelson, . Gill Maryland) 299.
In the Maryland case it is said "whe1
vested rights are spoken of by tht
courts as being guarded against legis
lative interference, they mean those
rights to which party may adhere
and upon which he may insist withou
violating any principle of sound mo.
rality."