Sherman v. The Commonwealth

• Decision Date: 05 May 1884
• Citation: 82 Ky. 102
• Parties: Sherman v. The Commonwealth.
• Court: Kentucky Court of Appeals

82 Ky. 102

Sherman v. The Commonwealth.

Court of Appeals of Kentucky.

May 5, 1884.

APPEAL FROM FRANKLIN CIRCUIT COURT.

W. P. D. BUSH AND JOHN B. BASKIN FOR APPELLANT.

P. W. HARDIN, ATTORNEY GENERAL, AND L. C. NORMAN FOR APPELLEE.

CHIEF JUSTICE HARGIS DELIVERED THE OPINION OF THE COURT.

The constitutionality of "an act for the incorporation and regulation of life insurance companies," is questioned on the ground that it is in conflict with that provision of the Constitution which declares that "no law enacted by the General Assembly shall relate to more than one subject, and that shall be expressed in its title."

The subject of the act is life insurance, and the incorporation and regulation of companies of that kind naturally relate to the subject. Those terms are not foreign to the subject, and the act refers wholly to life insurance, hence it is not unconstitutional.

By an act to "exempt certain benevolent and charitable associations from the operation of the general life insurance laws of the Commonwealth," approved March 6, 1876, it is provided: "That all Masonic orders, Odd Fellows associations, and all lodges of the Ancient Order of United Workmen, Knights of Honor, and all other associations of persons incorporated for the sole purpose of mutual protection and relief of its members, and for the payment of stipulated sums of money to the families or heirs of deceased members, are hereby declared not to be life insurance companies in the sense and meaning of the general life insurance laws of this State, and they are, and shall forever be, exempt from the provisions of said general insurance laws," and the question is, whether the "Mutual Reserve Fund Life Association," of New York, is a life insurance company in the meaning of said act. It is incorporated under an act of the New York Legislature, entitled "An act for the incorporation of societies and clubs for certain lawful purposes," and the acts amendatory thereto.

The certificate of incorporation declares that it is to be known as a life association, and that the particular business and object of such society is "the mutual benefit of ourselves, and all others who may become members." The association is authorized to adopt a constitution and by-laws which has been done, and by which the board of directors have power to fix the amount and rate of assessments, fees and dues, and appoint an executive committee, who shall determine all salaries and expenses. A death fund and reserve...