The Montgomery advertiser., 1909-07-01
LICENSE IS
RESTORED
Insurance Co. Again In
Favor.
Is GRANTED A PERMIT
Attorney General Renders a Favor
able Decision.
Lseense OF the Great Western Insur-
a.ee Company Had Been Cam
ceiled By state Fer Traas-
\fering u Case.

1nFaccordance with an opinion by AT
torney General CARRIER. rendered yes
terday, the Great Western Life Insur-
ance Company was restored to favor,
and granted permit to do business In
the State. after the license had been
cancelled. tentatively. by the Secre-
tary of State on June 20.
In cancelling the license. Secretary
Julian had acted according to the man
date of the State code. with provides
that the permit Of foreign corpora
ton to do business must be revoked.
when that company transfers a suit. in
which 1t Is principal from the State
to the Federal courts.
When 1t was shown that the trans
fer had been made, by the clerk OF
the Tallapoosa county court. Secretary
surance company, through its directors
protested. and presented a statement
of facts. endeavoring to show that the
cancellation should not ensue.
One Of the statements was that the
company. at the time of removal of
the case. had not permit to do busi-
| ness. and thence, that no cancellation
could issue; another. that the report
Of the removal was made by the circuit
clerk tenn months after 1t had been
effected.
0SSAChaAy aSACu TITO HtsOi-
ney General for an opinion, as to
whether or not the license should be
restored under the circumstances. The
opinion was favorable to the insur-
ance company. and the license was re-
| stored.
The Grsat Western is at present UNI
der new management, which had no
part in the transfer of the case in
| question. In fact. at the time Of the
| transfer. the business of the company
| was suspended. and in the hands Of the
| receiver. Reorgae ization has been eff
fected. and the concern operates at
present entirely In accordance with
every requirement.
Attorney Generaps Opinion.
The opinion of the Attorney General
is:
Hon. Frank N. Julian. Secretary of
State. Capitol
"Dear Sir:
"Your letter OF June % containing
the following inquiry is acknowl-
edged: I desire to ask your oficial
opinion II upon the statement of facts
as presented by Mr.. Chappen 1. as
Secretary of State. would have the
power and authority to revoke the cam
collation. OF the permit issued said COM
pany for the year 1909, and restore
the said company's authority to trans
act business in this State for the year
1907
The verified statement of facts
signed by Mr.. James Chappene, secre-
tary Of the Great Western Life Insur-
ance Company. as amended, contains
the following statement:
AT the time Of the fling of the
petition for removal and the conse-
quent removal Of said case to the Fed
eral Court the company had no per-
NIT as required by act of March 4.
1907. page $50, now constituting Sec
tion 3e54 OF the code. but did
subsequently obtain q permit on, to-
wit. September IL. 1907
An examination OF the stubs of the
corporations permit book for the year
1908. kept in your ofice, shows that
there was no permit issued to the
Great Western Life Insurance COMPANY
for the year 1908. until, to-wit, Sep
TENDER 70. 1908. This Is conclusive
proof OF the correctness Of the above
statement quoted from the affidavit of
Mr.. Chappelle II appears. therefore,
that on. to-wit. the 14th day OF Aug
ust, 1908. the date OF the removal of
the case under discussion, from a State
court to Federal court, by the Great
western Life Insurance Company, the
said life Insurance company had not
AVN yOu as secretary OF
State, as prescribed by Section 1851
OF the Code. a permit admitting Il to
do business in the State of Alabama as
foreign corporation. There are some
other facts presented in the papers
before me which do not REQUIRE dis
cussion in replying to your inquiry. II
Is shown that the clerk of the STATE
| court did not certify the fact Of re-
moval of the case as aforesaid. to you
as Secretary of State. until. to-wit, the
2Srd OF June, 1908. something over ten
months after the date of such removal
on to-wit August IA. 1908
ftt was the duty of the clerk of a
State court under the provisions of
Section 1854 of the Code, to forth
with certify copy of said petition (of
remoVaIJ to the Secretary
Of State. who shall thereupon imme-
diately cancel the permit issued to such
corporation Had the clerk complied
with the provisions of this statute
there would have been no permit is
sued by you to cancellation, as the
permk for 1903 issued to the Great
Western Life Insurance Company as
foreign corporation was not grant
ed until. to-wit, September ~, 1908
The further provision of Section 1854
OF the Code shows that the foreign
corporations referred to therein are
such as are doing business in this
State. and having obtained a permit as
required by law
Under the situation of the case as
disclosed by the facts mentioned
above, 1t is my opinion that you are
authorized to revoke your action Of
several days ago in cancel1ing the per-
nit issued to this company for the
year 1909. 1t will thus follow that
/ the company will he restored 70 +Aa
same position 1t occupied with respect
to the laws OF the State of Alabama
as IT did prior to the cancellation Of
such permit.
Il remain.
| VERY truly yours.