The herald and news. [volume] (Newberry S.C.) 1903-1937, 1916-05-05
OUTSIDERS SEEKS
BROKERS' LICENSE
APPLICATION IS FILED THROUGH
j. L. McLAURIN
WarehOuSeman Says NONRESIDENT is
Entitled Under Constitution
to Admission.
The State.

securing license is unconstitutional,
John l.. McLaruin, State warehouse
commissioner, yesterday filed with F.
III. McMaster, insurance commission
er, the application of Philip LaTour-
ette of New York for brokers' lie
eAse.
The letter to the insurance commits
sioner follows:
Dear Sir: l am inclosing herewith
an application of Philip LaTourette
of New York for brokers' license,
|under the act of March 2, 1916
"You will recall that at the hearing
before the legislative committee l ex-
pressed doubt as to the constitution
atty of the following clause in this
act, to wit:
Under the terms of this act only
such persons may be licensed as are
residents of this State and have been
licensed Insurance agents for at least
two years
Not Vital Section.
'iThis provision, if held unconstitu-
tional, would not in any way impair
the validity of the remainder of the
law.
"Mr. LaTourette is connected with
Samuels, Cornwall & Stevens, one of
the largest insurance firms in the
United States. They are carrying
Estate cotton, and I am satisfied that,
with power to inspect and operate in
South Carolina, relief can be had until
the next session of the general assem-
bly,, when further legislation may be
secured, if expedient at that time.
81 am of the opinion that the clause
to which I refer is unconstitutional,
because:
81. The federal constitution guaran-
tees to each citizen in every State the
same rights and privileges enjoyed by
each citizen in any particular State.
| The citizen of New York has the right
to do business on the same terms and
! with equal opportunity as the citizen
of South Carolina, and vice versa. LAS
T a matter of fact, any citizen writing
insurance in South Carolina can &c
right to New York and get a license
Z on the same terms with citizen o.
that State, and you can only restric
citizen of New York to the same
terms that are applied, to the citizen:
of South Carolina. Samuels, Corn
wall & Stevens have licenses in man!
other States and have never been re
fused license. They now have a lie
ense in North Carolina.
Privileges Abridged.
'2. This clause abridges the priv
leges and immunities of individual cit
liens in the several States.
'3. 1t is a trade, not a police regu
lation, in any sense OF the word. 1t il
not aimed at a corporation-an arti
fetal creature-but at a man who's!
fundamental rights are protected b.
the constitution in, the pursuit Of {
business recognized by the act itsel
as lawful.
twenty-five years ago most of the
towns in South Carolina had license
fees for drummers. l tested one Of
=. these cases in the courts myself, and
it was held unconstitutional in the
principles which I have herein laid
down.
: Suppose, for example, a man lived
in Charlotte and had an Office in Rock
HILL 1t would be ridiculous to say
that he could not write insurance un-
less he moved to Rock Hill and lived
for two years
"If MIR. LaTourette can comply with
all of the other requirements of the
act, and l am correct in my views,
then you would be violating your oath
to uphold the federal constitution in
denying him the right to pursue a
legitimate business on the same terms
and with equal opportunity as a citi-
zen Of South Carolina.
Under the present situation, the
law creates a monopH for local in
surance agents, who seem powerless
to serve the public. think, in mat
ter of this kind, that the interests of
the public are paramount, and that
no monopoly created to favor local
agents should be allowed to stand in
the way of the interests of the entire
State.
Yours very truly,
uTcbn INoT o,,rio