90 Neb. 154 | Neb. | 1911
This action was commenced in the district court for Lancaster county by the attorney general, on behalf of the state, to enjoin the defendant from transacting or carrying on the business of a surety company within the state, the averment of 'the petition being that it had failed and refused to file in the office of the attorney general the statement required by section 4, art. II, ch. 91a, Comp. St. 1911. It is alleged in the petition, in substance, that the defendant is a corporation, incorporated under the laws of the state of New York, and is engaged in the transaction of the business of a surety company in. this state, having .established agents throughout the state; that it is not a Nebraska corporation nor a corporation whose stockholders are personally liable for its debts, and is not engaged in any of the lines of business named in the exception contained in section 4 of the anti-trust laws of this state; that, as the defendant corporation is engaged in business in this state, it is its duty to file the statement in the office of the attorney general as required
A wide range is taken in the briefs, and many questions are therein presented and Avere also discussed in the oral arguments. The principal and underlying question in-A'olved is as to the construction to be given to Avhat is known as the “Anti-Trust Law” of this state. An act, commonly known as the “Junkin Act,” was passed by the legislature in 1905 (laws 1905, ch. 162), the title to which is, “An act to protect trade and commerce against unlawful restraints and monopolies, and to prohibit the giving or receiving of rebates on the transportation of property, and to provide a penalty for the violation thereof.” Section 4 of the act is as folloAVs: “That from and after the 30th day of June, in the year 1906, no corporation, joint stock company, or other association, whose stockholders are not personally liable for their debts, except corporations incorporated -under the laws of the state of Nebraska, and common carriers and corporations owning or using property exclusively in connection with the business of transportation, and corporations engaged in furnishing additional accommodations to passengers as such while being carried by such carriers, shall engage in business within this state, or continue to carry on such business, unless it shall comply with the folloAving conditions.” The conditions imposed are too long to be here copied, and it is only necessary to say that the corporations included within the provisions of the act are required to file a statement in the office of the attorney general making quite a complete showing of the organi
One of the cases cited by the attorney general is In re Pinkney, 47 Kan. 89, 27 Pac. 179. The title to the act under consideration in that case was, “An act to declare unlawful trusts and combinations in restraint of trade and products, and to provide penalties therefor.” In a section of the act it was provided that all contracts or arrangements to control the cost or rate of insurance was prohibited. The supreme court of Kansas held, correctly we think, that the title to the act was sufficiently comprehensive to include “trusts and combinations” in restraint of insurance; that, in the sense in which the
In Queen Ins. Co. v. State, 86 Tex. 250, 24 S. W. 397, the title to the act under which the suit was brought was, “An act to define trusts, and to provide for penalties and punishment of corporations, persons, firms, and associations of persons connected with them, and to promote free competition in the state of Texas.” The suit was against some 57 insurance companies, and it was alleged that they had combined together to fix the rate of commissions of local insurance agents, and to fix and establish uniform rates of insurance throughout the state, and which they were enfolding to the detriment of the public, and the relief sought was an injunction restraining the accused companies from doing business within the state. Under this title the act defined trusts to be a combination of capital, skill, or acts by two or more persons to create or carry out restrictions in trade; to.fix any standard or figure whereby the price of any article or commodity of merchandise, produce or commerce intended for sale, use or consumption, to the public should be controlled or established; or to enter into any contract by which they shall bind themselves not to sell or dispose of any article or commodity, or article of trade, merchandise, use, commerce or consumption below a common standard figure, or settle the price thereof between themselves and others. The supreme court of that state held that insurance did not come within the terms of the act, holding, in effect, that it was neither “trade,” “commerce” nor “commodity,” and the injunction was denied.
The case of Beechley v. Mulville, 102 Ia. 602, is cited by the attorney general. In that case the statute under consideration provided that if any corporation organized
The case of Betz v. Maier, 12 Tex. Civ. App. 219, cited by plaintiff, affords little, if any, light upon the question before us. The appellee in that case had levied an attachment upon an iron safe belonging to the appellant, who was an insurance agent; the safe being used by him in his business as a receptacle for the safe keeping of his policies and other papers in use in his business. He claimed the safe was exempt under the statute which exempted all tools, apparatus and books belonging to any trade or profession. It was held that under the rule requiring a liberal construction of exemption laws the safe was exempt, the business of an insurance agent being a trade or profession.
As applicable to the statute now under consideration, we can gather but little light from the decided cases.
The judgment of the district court is
Affirmed.