The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1916-05-03

| ~ s$rpSStsuss SdSeJs 0eCiAuSo tho pro.
Visions are separable and the rule Is
that the unconstitutional exception to
o general provision fails and the body
OF tho act stands. In other words, II
IT Is unconstitutional to exempt the
State warehouse commissioner and the
mills mutuals. then the business
by and through the warehouse COM
missioner and the mills mutuals is
not exempt from the provisions Of the
act. Is, A-,.a
1t Is next objected that the act is
unconstitutional in that it confers
both Legislative, and judicial powers
on the insurance commissioner. and
the. constitution, provides. that these
powers shall be Kept separate. This
act does not confer either power. The
duties Of the insurance Commissioners
Iarel not legislative or judicial but
merely. ministerial. Carolina Glass Co.
vs. the State. 81 s. c., 270. The right
Of the State, to review insurance rates
is not in issue, ,. e. e.n, i. :.
The next objection is to the, title
Of the, act. and It IL. claimed that the
act does not. conform to the title. u. (.
The constitution requires the sub
ject to be- expressed In the title, arti-
Gle q. section .1S, s.s...,s .as, ..,o
There are three. specifications here.
but they really raise two questions: !,
(a) 1t Is said that there is nothing
In the title-.to indicate that the com-
missioner, Is t. be given, power to re-
view raes; 1t, lis not. the fnntcion of
the title to set out the entire act, hut
70 declare tAs subject" Ths details
are In the act.o The nsevsntion Of un,
lawful combinations by requiring
rates to. be submitted to Q. comnis-
siqpsr or commissioners for, review, is
we'll recpgnised In, both federal and
state leGslation. II ~ tAa we'll recog.
nised msshod by which unjust and dis,
criminatory rates are prevented, No
one should claim that the body OF the
act. which provides. the1 details, COM.
tains q surprise when the legislature
has adopted the. usual method. ~ =,
y tpl Il ls objected that the I, 1t pro-
vides = penalty and there is. no men,
ton sof q penalty in the title. When
an Act forbids the & doing OF q thing
and provides no pepalty for its viola
tion. the act y wholly insffsctiys. An.
act 70 prevent and 2 penalty 60, hand
IN hand, It is said that the penalty
for false swearing. under this act is
made more severe than perjury in
other cases. and this can not be. al
lowed, This objection, IL ! untepable.
There IA no reason why perjury, un-
der some circumstances. may not be-
more severely punished than PERJURY
under ~ other circumstances 1T Is
common to fix 9 maximum and a mini
muR sppnishznent. both as to fine or
imprssopment, or fine and imprison-
Iment and to allow the trial court q
discrettop To-. fix the amount Of fine
and imprisonment. or the fine or Inn
prisopment Besides this, section, a44.
OF the criminal code allows an addi-
tional punishment for perjury OF sew
en- years. with no option to pay. q fine.
The insurance Commissioners and
attorney general have raised tenta-
lively the question as to tho right
of tho petitioner to raise the aues,
tions made In this case. but do not
Insist upon It. We will; consider the
question as far as 1t affects the merits
Of the case.
No citizen OF this State can hayo
a vested right Gas between himself
and the STATED in. q contract to. carry
on business as agent for q foreign cor
porotion, within. this, State. because a
foreign corporation can dc. business In
this State only by permission of the
state and can continue to do business
within the State only SO long, as the,
state permits II. II a citizen OF this
state had any such vested yight. then
all that a foreign corporation would
nave to do would he to make contracts
Tor, 80 years with some ,citizens as its
agents and the power Of the state to
rid Itself Of the corporation within the
90 years would pc destroyed. This po-
sition Is nntenable. This principle
does not apply to contracts of insur-
ance already made between citizens
OF this State and foreign insurance
companies. nor to- contracts Of insur-
ance hereafter made between citizens
OF this State and such foreign COM
panies, who are not doing business in
this state.