Cole v. American Surety Co.

Mississippi Supreme Court
Cole v. American Surety Co., 90 Miss. 782 (Miss. 1907)
44 So. 771
Cali, Ioon

Cole v. American Surety Co.

Opinion of the Court

Cali-ioon, J\,

delivered the Opinion of the court.

The only question is whether an agent to solicit exclusively for surety company business must pay five dollars or thirty dollars for a single county, whether or not it has in its limits a city of a population of two thousand or more. The only other question is waived in the brief for appellants. The rule of strict construction applies to tax laws, and we are construing Code 1906, § 3828. This section requires a five dollar payment for each county by “each agent representing a surety company exclusively.” The section is independent of all others, and, construed with secs. 3826 and 3827, draws a sharp distinction between insurance agents and agents for guaranty and surety companies. The legislature had the whole subject under consideration, and clearly makes this distinction when it comes to imposing a tax on the privilege, and it will be noted that sec. 3828 is silent as to cities of two thousand population or more, and we cannot interpolate these words without assuming to exercise legislative power. We are not shaken in this conclusion by the reference of counsel for appellant to other provisions of the Code, providing that surety companies shall come under the operation of the insurance laws and be subject to the control of the insurance commissioner. This does not make an agent of a surety company an insurance agent. Suffice it to say that, when the specific question of privilege taxation is considered by the legislature, it makes a difference between the two agents. Section 3826 refers to insurance' companies according to the originally received import of the term, while sec. 3828 independently provides for privilege taxes *787on tbe agents of guaranty or surety companies as a separate class.

Affirmed. .

Reference

Full Case Name
William Q. Cole, Commissioner of Insurance v. American Surety Company
Cited By
2 cases
Status
Published
Syllabus
Insurance. Regulation of agents. License fees. Surety companies. Agents. Code 1906, § 3828. Under Code 1906, § 3828, imposing a privilege tax of five dollars on an agent representing a surety company exclusively, such agent is not liable to any greater tax, although he do business in a city of more than two thousand inhabitants and other provisions of the Code impose a larger tax upon insurance agents in such cities and provide that surety companies shall be subject to the insurance laws of the state and the control of the insurance commissioner.