The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-02
4 INC CAPITAL CITY
s,,,,Iplns the Overhead 10.
sursace Law.

-. SusiOlnlne Tue V'o''ou "
sursace Law
FOR PATENTS 70 NUN 'A''
. Rosan seeks the Adj
ssi''''.. ~. Attorney General.
e s... i. Of the Pablo Domain
80. August 1.-During the
AnuD, :, ,ast January Insurance COM
'l pr j ,sa Johnson gave out a con- ,a,.
a''' ma overhead" insurance law
s'sa ). :. twenty fifth legislature ana
81 y . ~ he held that the law
W ~, INV local agent from going into
s' aa'so ~ Of another agent and re-
',', A., he should keep on MS own
% ''' several days ago this constru',
fd y, thought before Attorney General al.a
:" IN ,urn, referred 1t to once
~ ~ w,ra. Today Mr.. Ward rem
a'.' .n,n,ou on the matter overrio'hs
,,,,rsstion Of Mr.. Johnson no ana su'-
soai ,as law in its original wo u, lined
,lne MA ~ contends that the law ai't ,ha
u. war; M various local agents OF tne
ffaN. ~ what is known as genera
iit sa,.''a arm in and out OF distress
ra'', VINO ,S %V big money. He holds the
set AZ .1 mo local agents to be vaiia,
70 p!U ~. AZ, commissioner johnson 5
, sn.,n, that the local agents ,. mus
~, ,hsmselyes to their own t..i, oUir
; u. naiu provisions of Mr. Waru op'A
% ..S 10 your letter ! beg 10 say
70 ep Nave most carefully considereu
Ut y wa VA we regret that we are com
Nv s amor from you in your construc-
sa 70 a lag as outlined in your circular
". ~ n The act under consideration wac
a asg NJ the Twenty-fifth Legislature
- o X here reviews the law IN It's
., ~ giving the caption sections 4. .,
'ilss, A. said bill. Section | defines
. auS heal agent over which Mr.: Ward
s W. i l, seemed to have differed,
M reads as follows;
~. aTs, al ii Are or fire and marine, or ma
,..,,r,nre companies which are legal
,uthori,ed to do business in THIS state
.,ssh legally commissioned and licensed
M. Ia resident In this State, shall not
n. contracts Of fire or marine insur-
y an property within the borders OF TINS
y. !, sien or countersign or deliver
,olrv n insurance safe through legal
commissioned and licensed local agents
.urh companies in Texas, provided,
,x.r,r that this act shall not apply to
-ss,rty owned by railroad companies or
N, common carriers, provided, further'
N mon oath made in writing by any
,r,n that he can not procure insurance
noperty through such local agents in
nd. Il shall be lawful for any insurance
p,Dany not having an agent in Texas to
Ere property Of any person upon appli-
10. Of said person upon his filing said
III with the county clerk of the county
shich said person resides"
sstsn Of the bill requires insurance
s-anies before obtaining certificates or
xase to make affidavit that it has not
kAitsd any provisions Of this act.
Section 3 empowers the commissioner
Insurance to make any Investigations
sses At to ascertain whether any COM
aaI doing business in the State is violat-
Tie law In question.
Section 1 Of the bill provides for forfeit
n Of license Of the company violating
kEt
Setlon 5 Is the emergency clause.
With this hypothesis Mr.. Ward S opinion
ahEs. 1T Is quite clear that this act
y Intended to require the character
!ae insurance company named in the
which was authorized to do business
as State, though legally licensed and
l1alssoned In this State, to make all
Niacts Of insurance on property within
BORDERS OF this State and to sign or
LAfilgn or deliver all policies of In
wee only to the regularly licensed and
s-.issloned agents of such companies
uA STATE. II local agent goes out of
'oua'y Of bis residence to solicit insur-
q ~ must pay the State and county
ssaon YAK prescribed by law in each
~ ~ which he solicits or does insur-
BUSINESS. Before the passage of this
wa ~, agents were in the habit of writ
y. sas'es III the county of their resi-
u, " property situated anywhere in
n. .. W. Wnen they left the county of
r... and solicited or transacted
s Ivy business In other counties they
r.l tne occupation taxes in such
y ~ The law did not prohibit
y very strongly commended that
~ questionable Overhead insur-
ms-was intended to prevent the
q ,,aa o. the insurance business by
NM ssa's N that manner, and also to
II i, Insurance contracts from being
h,nsl, s NJ agents and through other
~ wy. W., IMAM local agents, but that
a. .,. aso limited local agents to in
IA , myspetly situated in the county in
s'acn local agent resided 80
NV does not in express terms SOW
!, local agent can only insure nro o
\, .s'ed In the county Of h,s resi-
rtss iro w IN . ma any language in the
lesl sa,. which such limitation upon
I. ls,is, ssuIs can be inferred. Surely
hphbsS ~ mad intended to have nc
'' .rse,,s 50 radical departure from t
rrss,s s''ce and usages az local
Il bS,r.ass agents in the conduct of
b sanIa heretofore obtaining If. GER
II 'oula have expressed that ' idea I
i p,a sSG appropriate words. j know now
arIsD 'd ,SIp. Of law or canon of cow con.
" s,o ma. would limit each agent to to
,sIss uSel'y situated in the coS sutv 90 o1
i. th ,rs statute which are not now VIA IN
~, !sr said Insurance. la compliance nD, with
..s .s or transit policies sIp on oron TO
~. that the l sa@s IN I. Texas re provided,
ssa,. licensed and sGan inrousa
sa.a \, Sas eth or not such pro OF ,pe
%s lossi a sus county of the residence
u. Conc 70 LAND PATENTS.
ssss.s 1Sn e Rosan is at present
u W. ~ oy applications for p.s'n'