The herald and news. [volume] (Newberry S.C.) 1903-1937, 1916-05-02

the title to set out the entire act, but
to declare the subject The details
are in the act. The prevention cf un-
lawful combinations by requiring
rates to be submitted to commls-
sic~er or commissioners for review,
is we'll recognized in both federal and
State legislation. 1t is the we'll recog
niZed method by which unjust and
discriminatory rates are prevented
No one should claim that the body Of
the act, which provides the details,
contaics a surprise when the legis-
lature has adopted the usual method.
(b) 1t is objected that the act pro-
vides a penalty and there is no men
ton of a penalty in the title. Waen
an act forbids the doing of thing and
provides no penalty for its viola
ton. the act is wholly ineffective. An
act to prevent and a penalty go hacd
in hand. 1t 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. is untenable.
There is no reason why perjury, un-
der some circumstances, may not be
more severely punished than perjury
u der other circumstances. 1t is
common to fix maximum and min
imum punishment, both as to fine or
Imprisonment, or fine and imprison-
ment, AID to allow the trial court a
discretion to fix the amount of fine
and Imprisonment, or fine or impGis-
onment. Besides this, section 344 Of
the criminal code allows an additional
punishment for perjury of seven
years, with no option to pay fine.
Right of Petitioner.
The insurance commissioner anG
attorney general have raised tenta-
lively the question as to the right
+of the petitioner to raise the ques-
tions made in this case, but do not
insist. .upon it.. We" will consider the
question as far as it affects the mer-
its Of the case.
No citizen of this State can have
a vested right (as between himself
and the State) in contract to carry
on business as agent for a foreign
corporation within this State; be-
cause a foreign corporation can do
business in this State only by permis-
sion Of the State and can continue to
do business within the State only so
long as the State permits it. If cit
izen Of this State had any such vested
right, then all that foreign corpora
ton would have to do would be to
make contracts for so years with
some citizens as its agents and the
power of the State to rid itself Of the
corporation within the so years would
be destroyed. Hhis position is un-
tenable. This principle does not ap-
ply to contracts of Insurance already
made between citizens of this State
and foreign insurance companies, nor
to contracts of insurance hereafter
made between citizens of this State
and such foreign companies who are
not doing business in this State.
It is said that by reason of this act
the Liverpool & London & Globe In
urance company has been COM
PEELED to withdraw from business
in this State. That is statement of
a conclusion of fact and not admitted
by the demurrer The facts stated in
the record do not bear out the con-
clusion that this company was COM
PEELED to withdraw from business in
this State by reason of the act of the
legislature. This company has al
ready withdrawn from the State The
affidavit as to unlawful combinations
is rot required to be filed now. 1t is
to be filed 1st March, 1917 (The act
contemplated year and the neces-
sary delay must be added. And that
affidavit is for a renewal of the lic-
ense to do business for another year.
That affidavit is that they have not
entered into an unlawful agreement
within the year. That feature, there
fore, can have had no legitimate ef-
feet on its withdrawal in 1915.
Review OF Rates.
The objection to the other feature
of the act, that rates shall be submit
ted to the insurance commissioner in
4hoS ho fbo{ Ybov opo