The Van Buren press., 1899-06-03
INSURANCE COMPANIES ,
Supreme Court Amrm, ~,
Judge Martin In tn. An,,.T'i' ''i''
Insurance Cs.., sa

The Supreme Court repds,.,
cision in the famous ipsn,,@
brought by the attorney-gen.nl.
the antitrust law Satura. U
opinion OF the court is given bsl..
The question presented is wbs,A.a
corporation doing q fire-insursnns atas
this state subjects itself 10 a ns. Dasia
the recent statute against trus,s 9
tions, by entering into an ay,.' esa,
other insurance companies for ~
fixing rates Of insurance In ~ pufss
countries Nien such an agreementi,
msae In the state nor intended in ~.
Hnect the prices or premiums 70 be n.s..h ~
.aring properly In the state. Haie
As the legislature has the rovs,
exclude foreign insurance con- npanl.sat
Ing business in this state, ii can 4, P0s
tate the terms upon which snrb Inv
nay do business here. The whole NJ,
In the discretion OF the legislatpr.
no controversy on this point, but ri. IAN
general contends that no insurance VIVA
while member of a trust or eortt
nx rates In any portion OF the wo,4s
business here without becoming nv
penalty under our statute Tn, CO.
fore US has reference not TO the 49,.
legislature, for that is Conceded ~.
proper construction and meaning n, ~
ute Whatever the legislature ma,
tended. such intention can have pa.
less expressed in the statute for /, .'<s
in the highest degree unjust 10 punlsh
not claeriy forbidden by the law ,s.,,
words OF the statute to which counsel :.
attach such g wide meaning are AN,
tion, and partnership or individual sp,s'
agreement, contract, combination II .h'
noticed that these are general vora, l
statute nowhere expressly says thsti,,.
tended TO have the wide and territo,l.l.
which the construction OF counsel for II.
necessarily imputes to It,
Now. In determining the meapIn, !, :.
statuts we will apply to it certain vsn.s.
rules OF construction, based on reaso,
well settled that members Of the lsgI,'..
must be supposed to have been iamiIl., -
them. and TO have them in mind In framl,.a
law. One Of these rules is, that hi, ~
penal statute gust be strictly cons,rs
cannot be extended by implication ia ~
not clearly within its meaning.
Another rule equally well settled is n,,a
legislature is presumed to intend M, II
statutes shall not apply to acts or coDI,s
done or effected beyond the limits OF ths s,'
and having no reference to or erec, aun N
persons or property in this state.
1t is common for penal statutes to ,o,
general words such as any or allr In o,ss.
eover all persons OF the Kind referred tOI, NJ
state when the Legislature assembled n
these general words must necesSrilv N
treated as limited in some respects other, |.
tnnumerable conflicts between The laws o AL
ferent states and countries would respt,a
unutterable confusion be brought into tbs \,
Among the vast number OF cases copstrs
such statutes 1t is doubtful IL one can be tauy
In which general words have been treatsB N
limited TO some extent. for It is unusual I'M.
legislature to intend that its statutes shs.s.
ply over the whole world. For these ress,
we think the words "any pool or comsIBstal
used In the statute here must also be ,rs.pl
rs limited. and We cannot adopt the b,al
construction contended for by the sap,
.ounsel
The defendant company is an English ea
poration engaged in the business OF fire lny,
snce. II may and probably does carry on aa
business not only in America. but also In ].
rope and Asia. Now. under the constructs
which the counsel for the state seeks to hm
placed on this statute, II this English compa
while doing business here should ut rs Old
In England enter into an agreement with 9th
foreign companies for the purpose Of fIa
rates for fire insurance In Hong Kong or 10 d
city OF Canton. China. it would at once becun
liable 10 a penalty under our statute 7.
counsel for state contends that the words n
pool or combination" used in the statute q
braeed such com bination In any portion oil
world. This, We admit. is the logical result.
their construction OF the law. There 4
middle ground Either the act applies ohlli
combinations affecting persons properly
prices in this s.ate, or its scope is unlmiA
II this be the meaning OF the statute ths
the Encouragement was Informed thala@1
psny doing business here had entered in
combination in Japan or South Africa fri
rates Of fire insurance in those countral
would be required to institute an inqulEM
perhaps TO take proof. II is easy TO seelh
under such law litigation might takesHi
range. for the field OF evidence would vi
the habitable globe. investigations Of III
kind would be expensive The time OF lhss
torney- general and the courts OF the s1
would often be consumed by controyenl
concerning trusts and comb mbinauons In di.s
ent parts OF the world having a reference a
effect upon the people OF this state Ifthes
islaturo intended the statute to have suli
broad scope it should have expressly said So
plain words. 1t is so unusual for legisIsIg
TO intend that its acts shall have such worl
wide effect that courts are never justified
putting such construction upon them II ts.
language admits OF any other reasonable lnk
p-etation.
Again. this statute not only forbids corpo'
tious from entering into pools and comblH
tions. but It also forbids individuals, per@
and partnerships. and they are subject to u
penalties. Now while the state can dictate
terms upon which corporations may do Da
ness here II does not have such control Oh U
citizen. So II we adopt the construction %
tended for by the sttorney-general II neees''
lily results that portion OF the statute ml
be treated as unconstitutional
The presumption is that the Legislature
tended the whole OF the act to take e1e
This furnishes another reason why the 60
struction contended for by counsel ior
state should not be adopted
Our conclusion is that the statute does
apply to pools or combinations formed outs
OF this state and not intended to AFFECT
which do not affect, persons, property or pr
OF insurance In this state. In other wofas
are OF opinion that the Legislature oy
statute did not intend to prohibit or pun
acts done or agreements made IN foreign eo.
tries by corporations doing business heresp
such acts or agreements have reference " y
TO persons, property or prices In sucn iOr'
countries The decision OF the circuit oOul'