The Monticellonian., 1899-06-02
INSURANCE COMPANIES WON.
Supreme Court Affirms the Decision oi Judge Martin in the AntI-Trust
 Insurance Cases

Insurance Cases.
 The Supreme Court rendered its de.
 cision in the famous insurance cases "o brought by the attorney general under ce the antitrust law Saturday. The ais opinion of the court is given below:
 The question presented is whether foreign Ss 9fats a0ing t business the recent statute against trusts and corpora .a tons, by entering into agreement with other insurance companies for the purpose Of nd fixing rates Of insurance in other foreign countries when such an agreement is neither maoe in the state nor intended in any way to affect the prices premiums be paid for in- | w turing property in the state.
 As the legislature has the power to entirely the M n s m 59m tate the terms upon which such companies may do business here. The whole matter rests in the discretion Of the legislature. There is - no controversy this point, but the attorney 'ii general contends that no insurance company vol while member of q trust or combination to fix rates in any portion of the Wor can do business here without becoming liable to a penalty under our statute. The question be- E.. lore us has reference not to the power of the legislature. for that is conceded but to the EneC proper construction and meaning Of the stat ute. Whatever the legislature may have in- m. tended. such intention can have effect =: less expressed in the statute, for 1t would be ii
 
 not claerly forbidden by the law itself The words of the statute to which counsel for state | attach such wide meaning are any corpora ii't rmu or any noticed that these general words. The hi statute nowhere expressly says that 1t was in tended to have the wide and territorial effect which the construction of counsel for the state necessarily imputes to it .d- D, sta,uts we @ ann o H .nc It On rules Of construction. based and So'0r al well settled that members Of the legislature must be supposed to have been familiar with them, and to have them in mind in framing the r. law One Of these rules is that this being l penal statute must be strictly construed and h, cannot be extended by implication to cases not clearly within it's meaning. N or
 Another rule equally well settled is that the legislature is presumed to intend that it's Ids statutes shall not apply to acts contracts done or effected beyond the limits of the state and having no reference to effect upon tht persons or property in this state. " hh
 It Is common for penal statutes to contain Purif general words such as any or all in order to = cover all persons Of the Kind referred tht oarsa state when the legislature assembled, bu Fo these general words must necessarily bt treated as limited in some respects otherwise lnnumerable conflicts between the laws of diff terent states and countries would result antis tt unutterable confusion be brought into the lawr;,a+ Among the vast number of cases construin; " "e such statutes IL IS doubtful if one be founq hurb in which general words have been treated a limited to some extent, for 1t is unusual fer tn legislature to intend that its statutes shall ap ply owe the whole world. For these reason we think the words any pool or combination used n the statute here must also be treates.Y aid as limited and cannot adopt the bsoa ,,o,o o construction eontended for by the state ~ ,oansel lasting
 ne aeiehuaht company k an EnftSh eoisae b anee. IL may and probably does carry on sue business not only in America. but also in El rope and Asia Now, under the eonstruettcary 0 placed on this statute if this English eomparld ae 9 do,s onsiHess heae should at its oit thank rofesh @ lor the purpose of h1 repor city of Canton China, 1t would at beeon liable to penalty under statute. F counsel @ Tor state contends that the words ad that braced such combination in any portion Of t'kansa world. This we admit is the logical result their construction of the law. There is amoun affecting so1 sppe5 0hs flowed prices In this s,ate. or its is unlimiteo at r If this be the meaning Of the statute, then the attorney-general was informed that pany doing business here had entered into combination in Japan or South Africa tixilS Mc rates Of fire insurance in those countries would be required to institute an inquiry aIher IT perhaps to take proof. It is easy to see th u~der such law litigation might take wirket. range, for the field of evidence would be trio the haDltaDIe globe. investigations or tn kind would be expensive The time Of the gse il torney- ey-general and the courts Of the sta %%ua Gdlep ee ons 6y pu eEt parts oi the world having reference tothat f effect upon the people of this state. If the le islaturc intended the statute to have suclle, la! broad scope it should have expressly said so /, . f plain words. It is unusual for egislatphl iu to intend that It's aets Sha have such wor rnticell wide effect that courts are never justified e''it 2 such construction uHcs them # th a., ..se admits of any otha rcasonabi- ia,. 2r,iation ..-., lat M sons from entering into pools and combify DOC tions, but it also forbds individuals, pcrS, and partnerships and they are subject to pr som penalties. Now while the state can dictate .> +L, terms upon which corporations may do btP @ ness here t does not have such control of lth an citizen So if we adopt the construction c, tended for by the attorney general it necess fly results that portion Of the statlte be treated ns unconstitutional ord fc
 The presumption is that the legislature tended the whole Of the act to take enll 1O This furnishes another reason why the c, H.: struction contended for by counsel for 'eliN Neis state ate should no. @ be De adopted he ne apply to pools combinations formed out of this state and not intended to affect which do not anect persons. property p-h II l.. of insurance in this state. In other words arc of opinion that the legislature by eODle statute did not intend to prohibit or pun acts done or agreements made Tn foreign conS exc tries by corporations doing business here W >yy:I. such acts or agreements have reference " ii4ils' to persons, property prices in such forst of fl countries. The decision of the circuit cou therefore affirmed. ased wi
 Moonshners Pardoned. entertal
 no Alrn