Prince v. City of St. Paul

• Decision Date: 01 January 1874
• Citation: 19 Minn. 226
• Parties: JOHN S. PRINCE v. CITY OF ST. PAUL.
• Court: Minnesota Supreme Court

19 Minn. 226

JOHN S. PRINCEv.

CITY OF ST. PAUL.

Supreme Court of Minnesota.

Certiorari to the city justice of the city of St. Paul.

A prosecution was commenced against plaintiff before the city justice of the city of St. Paul to recover the penalty imposed by an ordinance of the city for acting as an agent for a foreign fire insurance company without a license. He answered, alleging that he had complied with all the provisions of the act of the legislature of February 29, 1872, entitled "An act to establish a reciprocal insurance law for the state of Minnesota, and to revise and amend the laws of said state relating to home and foreign insurance companies." The city interposed a demurrer to the answer, which was sustained, and judgment entered against the plaintiff, who sued out a writ of certiorari from this court.

Davis & O'Brien and H. J. Horn, for appellant, cited:

W. A. Gorman, City Atty., for respondent, cited:

BERRY, J.

The revised charter of the city of St. Paul (chapter 26, Sp. Laws 1868) provides in section 3, subc. 4, "that the common council of said city shall have authority by ordinances * * * to license and regulate * * * insurance officers and insurance agencies, * * * provided, * * * that not less than five dollars, nor more than five hundred dollars shall be required to be paid for any license."

Whether these provisions of the charter are unconstitutional, as contended by plaintiff in error, we will not now inquire, since we agree with him that even if it be admitted that the authority, purporting to be conferred upon the common council, to exact payment for a license from an insurance company, was originally constitutional and valid, it has been taken away by section 28, tit. 3, c. 1, Laws 1872, except so far as section 28 may be qualified by section 3, tit 1, of the same chapter. Said section 28 reads as follows, viz.: "All insurance companies doing business in this state under the provisions of this act shall annually, at the time the certificate of authority is granted, pay the treasurer of the state 2 per cent. on all premiums received in cash and other obligations, except what are denominated insurance deposit notes, representing dividends of the company, by their agents or attorneys in this state during the year ending on the preceding thirty-first day of December, which sum shall be paid into the general revenue fund, and shall be in lieu of all other taxes or licenses to be collected from said companies in this state." The language, "all other taxes or licenses to be collected from said companies in this state," could hardly be more comprehensive than it is, and in its plain, ordinary, and natural signification clearly embraces any license charge imposed under the city charter aforesaid. And as the percentage provided for is to "be in lieu of all other taxes or licenses," etc., it takes the place of the same; that is to say, it supersedes them, so that the effect (irrespective of the qualification above referred to) is to deprive the common council of authority to require insurance companies to pay for licenses to transact insurance business in St. Paul. The counsel for the city...