Bisbee daily review., 1912-02-17
OPINION GIVEN
 CORPORATIONS
Attorney General Says Filing Is to Continue With State
 Auditor
WAIT LATER ACTION

PHOENIX, Feb. I6:-Holding that the existing laws relative to the fiji ing of articles Of incorporation. the keeping of corporation records. is Buance Of charters to Incorporated companies and the issuance of au- thority to do business given to for eign insurance companies and other foreign corporations are in force subdivisions of the constitution Into effect, except that all fees, including those taken by the secre- tary of state from insurance com panies, shall be turned into the state treasury. Attorney General George Purdy BullArd presented an opinion to Governor Hunt h order that this vital question may be determined forthwith. It is a lengthy document. reviewing the situation from almost every angle and presenting compari- sons between the existing lava and sections of the constitution. which, it is claimed. are not self-executlns, but require legislation to put them into effect
 Question as to Powers.
 h introducing the subject, Attorn- ey General Bullard relates that the question arises as to what are the powers of the secretary of state, audi tor and corporation commission in this respect Reference is made to section of article 14 of the consti. tuition which says:
 No domestic or foreign corporation shall do any business in this state without having filed It's articles of in- corporation. or a certified copy there or, with the corporation com omission. and without having one or more known places of business and an gu. thor1zed agent or agents in the state upon whom process may be served. Suit may be maintained against s for eign corporation h the county where agent of such corporation may be found, or in the county where the cause of action may arise"
 Section of article Is of the con stitution reads.
 The corporation commission shall have the sole power to issue certiti. cstes of corporation to companies or ganized under the laws of this state and to issue licenses to foreign COT. porations to do business In this state
 u may be perscrtbed by law"
 Auditors Power Remains The question then arises" says the opinion, are sections s of Article i IA, and section 5, article IS, ot the constitution self-eIecuting? If SO, then the corporation commission should Immediately take over the corpora- ' ht1a ha ,Sp4 and from the secretary's orice. and sad suditor's office and secretary g | orlce in that case could DO longer re-
 ceive the filings in said offices. T hold that subdivision s. article 14 o: the constitution and subdivision article l5 Of the constitution do not supply the means Of carryin 2 them into erect. That they do pro, vide that the means of carrying them into effect shall be supplied by | law. That the evident intent of the constitution makers was that these | provisions should not be self-execut, | ing, but that the legislature should
 make such other legislative enact ment as would give them force and i effect. That, therefore, subdivision 8 Of article fl and subdivision . Of arti | cle 15 Of the constitution are not self. executing and require legislation to | put them into effect. That the exist ] ing laws are in force until the legis. | iature shall put said subdivisions in
 to effect and that therefore the audi
 tor and secretary Of state shall per
 form their relative duties pertaining
 to incorporated companies until the
 legislature shall otherwise determine
 T do hold, however. that the pro
 vision of the constitution providing
 that no officer of the state shsll keer
 for himself any fees Is self-eIecutins land that the secretary of state shall turn over all insurance fees into the state treasury"