The comet. (Johnson City, Tenn.) 1884-1916, 1893-07-13
INSURANCE MIDDLE.
GOV. TURNEY GIVES HIS REASONS
FOR HIS ACTIONS
In Refusing to Call an Extra Legls.
lative Session.


session of the legislature, sending the
following letter to Nashville by his son
with instructions to make it public:
Winchester, July 6 1899,-To Com
mercial Club and Others In reply to
the many applications, and the rea-
sons therefor, for a call OF an extra
session OF the Legislature, l am con-
strained, after most careful inyesti-
cation, to announce that would not,
in my opinion Of the law and facts
presented, be justified in the course.
do not think any OF the causes of
alarm SET forth have any foundation
in fact.
The complaint that by the statute
1881 and the decision of the SUI
preme Court consulting it, foreign
corporations are made domestic cor
porations, comes, l think, of reading
of the act without full comprehen.
sion of its purposes.
The caption OF the act shows that
the Legislature was dealing along with
foreign corporations and had no ref
erence whatever to domestic corpor-
atoms. Having made such caption
1t was, by the terms of the constitution
strictly confined to it in any legisla-
ton it might make. Icall especial at
tention to the fact that the caption
restricts its purpose to
FOREIGN CORPORATIONS,
and the Legislature could not 60 be-
yond it, whereas, if the subject matter
had been simply Corporations" in
general terms it might have dealt with
domestic as we'll as foreign. The re-
striction was purposely used. The use
of the form "foreign corporations" is
carefully kept up throughout the act
and no expression is employed from
which it can be even remotely inferred
that any regulation of domestic cor
porations was intended.
Under the provisions of our consti-
tuition, if there had been an attempt
to create domestic corporation or to
convert 3 foreign into a domestic cor
poration, so much OF the act would
have been nullity and consequently
unattended by any of the dangers
suggested.
1t is true section provides "that
when corporation complies with the
provisions of this act, it shall be to all
intents and purposes domestic cor
poration, and may sue and be sued in
the courts OF this state and subject to
the jurisdiction of the courts OF this
state just as though it were created
under the law OF this state"
Precisely the same results as con-
templated by this section would have
followed if the section had been omit
ted entirely the other section having
conferred rights, the general law OF
the state would enforce the remedies.
The language OF the section cited,
which gives the alarm, is "It shall
then be to all intent and purposes a
domestic corporation" This seems to
have been read in the abstract, and the
conclusion quick one. To get cor
rect understanding, the section must
be read and construed as a whole. This
/ think, makes it clear that foreign
corporations have the same protection
under the law and are liable for its
breaches in the same maner and in the
same courts as domestic corporations
nothing more, nothing less.
til said that if foreign corporations
avail themselves of this law and be-
come domestic they transfer their
domicile in whole or in part from theil
native states, violate the terms Of theil
charters and forfeit them. 1t must bt
remembered that it is the foreign
charter that gives such companies {
status in this state, or rather the righ
to ask this state to be permitted to d.
business within its borders, and if thC
foreign charter Is takan away, it,
predicate, the right to do business il
Tennessee, falls. The latter is in M
sense charter except as it stands up
on the foreign charter, and the term
prescribed by the state for the exercis,