The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-28
THE MUTUAL WANTS
ITS PRESENTS BACK
Went and Got Domesticated
"OnbeknoWnst. f"
SAYS ASSISTANT DID IT
AND DOESN'T THINK IT OUGHT
TO BE BOUND.
WILL TEST THE MAT TER IN THE COURTS
The Case is Set for a Hearing Before Jud 6
Moore To-Day. The Validity Of the
Act win Not be in Question
in This State.

To-day case growing out of the much
discussed Craig bill, passed by the last
Legislature, will be argued before Judge
Moore. 1t was expected that the case
would come up yesterday, but it was inn
possible for Judge Moore to hear it.
The Mutual Reserve Life Fund Of
New York, in an insurance company do
mesticated under the Craig law, but it
now claims that it did so through mis-
take, and therefore asks to be allowed
to withdraw its papers of incorporation.
The Secretary of State declines to allow
this unless the courts order him to do so.
For this purpose test case has been ar
ranged and will come up today. Tie
question which the court will be called
upon to decide is not whether the pas
sage of the Willard bin repealed the
Craig bill or to otherwise pass upon
the validity of the law, but to simply
decide the questian as to whether the
company did really file its papers for
reincouporation in this State and whether
under the circumstances, it should be
granted the relief asked.
The Attorney General represents the
Secretary of State, but lle will hardly
argue the case, as the validity of the
law is not attacked and will not be pass
ed upon in this case. Col. John w. Hins-
dale represents the insurance company.
The following are the facts upon
which the controversy depends:
The plaintiff is a corporation organized
under the laws of New York and doing
iy1ct1 hrs
in New York city.
On May ,, 1890, the company sent
to Secretary of State Thompson the pa
that act. This compliance with the
Craig law, and duly became a North
Carolina corporation in the meaning OF
that act. This compliance with the
law. however, the company protests, was
done by an assistant to its general coun-
sci and without authority.
On May 18th the directors of the
company adopted resolution formally
declaring their purpose to withdraw.
from the State of North Carolina and
forthwith cease the transaction of bust
ness therein" and directing that all its
employees in this State be notified that
their services were dispensed with.
On May 22nd the board of directors
'.Whereas, the Board of Directors of
the Mutual Reserve Fund Life Associa
ton did, at regular meeting thereof
held on the 18th day of May, 1899,
adopt resolution withdrawing from
the State of North Carolina and to
forthwith cease the transaction of bust
ness therein because of its unwillingness.
to comply with the provisions of the
recent enactment of the Legislature OF
that State known as the Craig Bill; and,
Whereas, it has just come TO the
knowledge of this Board that on the
second day of May, 1899, there was for
warded to the Secretary of State a GER
titled copy of the certificate of re-incor-
roration and the constitution or by
laws of this Association to be filed in
his office pursuant to the provisions Of
said Craig Bill; and,
Whereas, the forwarding of said pa
pers to said Secretary of State was with
out the knowledge or authority of this
Board, or of any officer OF the said
Association; and,
Whereas, at the time of so forwarding
said certified copy of the certificate OF
rc-incorporation and the constitution or
bylaws of said Association, this board,
edge whatever of the provisions of said
Craig Bill and would not have permit
ted the said certified copy of the certi-
ficates of re-incorporation and constita-
ton or bylaws to be filed in accordance
therewith; therefore be it
Resolved. that the filing Of said certi-
fed copy of the certificate of re-incor-
loration and the constitution or bylaws
q 4.
rotary of the State of North Carolina
was made by a mistake, and without
the knowledge or authority of this
Board, or any officer of said Associa-
ton, and said filing was wholly unau-
thorized by it, and,
BE it further resolved, that this AS
ISOLATION has had, and has, no intention
Of complying with the provisions of said
Craig Bill, whereby said Association
would become a domestic corporation Of
| the State of North Carolina and,
BE it further resolved, that the said
Secretary of State of North Carolina,
| be, and he is hereby requested to re-
| move from the files of his office the
aforesaid certified copy of the certifi-
Gates of re-incorporation of the Mutual
| Reserve Fund Life Association and its
| constitution or bylaws and return the
same to this Association, for the rea-
| son that the same were filed in his office
without the knowledge, consent or au-
thority of the said Association; and,
BE it further resolved, that duly
certified copy of this resolution be at
once forwarded to said Secretary of
| State"
The above resolution was on May 22nd
sent to the Secretary of State together
with letter requesting a return of its
papers and cancellation of its incor-
poration. This request the Secretary OF
State very properly declined to comply
with until ordered so to do by the courts.
/ The questions therefore submitted to
| the court upon this case are as follows:
/ J. In order to bind the members of the
| Association and constitute them a COR
poration of this State, must the mem
beers or board of directors authorize the
filing of the charter and bylaws Of the