Hawkins v. State

• Decision Date: 16 November 1916
• Docket Number: 93.
• Citation: 90 S.E. 968,146 Ga. 134
• Parties: HAWKINS v. STATE.
• Court: Georgia Supreme Court

90 S.E. 968

146 Ga. 134

HAWKINS v. STATE.

No. 93.

Supreme Court of Georgia

November 16, 1916

Syllabus by the Court.

Section 3 of the act of 1913 (Acts 1913, p. 98), which purports to regulate and control certain insurance companies, is unconstitutional as being in violation of article 3, § 7 par. 8, of the Constitution of this state, which declares that no law shall pass which refers to more than one subject-matter, or contains matter different from what is expressed in the title thereof.

The entire act is not void. With section 3 expunged therefrom the remainder of the act constitutes a complete legislative scheme capable of enforcement, and is therefore valid.

Certified Questions from Court of Appeals.

Proceedings by the State against J. W. Hawkins. There was a judgment for the former, and the latter brings error. On questions certified by the Court of Appeals. Questions answered.

See also, 90 S.E. 969.

Yeomans & Wilkinson, of Dawson, for plaintiff in error.

L. C Hoyl and W. H. Gurr, both of Dawson, B. T. Castellow, Sol. Gen., of Cuthbert, and R. R. Arnold, of Atlanta, for the State.

HILL J.

The title to the act of 1913 (Acts 1913, p. 98) is as follows:

"An act to better regulate and control the organization and operation of corporations (foreign and domestic) doing an industrial, health, life, or accident insurance business in the state of Georgia, and to provide penalties, and for other purposes."

Section 3 of the act provides:

"That no person shall knowingly or willfully make or aid in making of any false or fraudulent statement or representation of any material fact or thing in any written statement or certificate for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim against any such insurance company or fraternal or benefit association, and no person shall make any false or fraudulent statement or aid in the making of any false or fraudulent statement in any application for insurance, or as to the death or disability of the policy or certificate holder for the purpose of fraudulently obtaining any money or benefit from any such insurance company or fraternal or benefit association licensed to do business in this state."

The act referred to contains six sections. The first, second, and fourth sections relate to officers and agents of certain insurance companies or associations doing business in this state, and specifies what acts on their part are prohibited. Sections 2 and 5 provide for the punishment, as a misdemeanor, of certain acts. Section 6 defines the powers of the insurance commissioner and his deputies. Section 3 of the act does not refer in terms or otherwise to the acts of insurance companies, their officers or agents, but expressly declares "that no person shall knowingly or willfully make or aid in making any false or fraudulent statements," etc., for the purpose of procuring or attempting to procure the payment of fraudulent claims against insurance companies. This language is broad...