Edward Terry Sanford

“ No one has the right to receive a license to represent a company as its agent, when the company itself has no right to appoint him. And the contention that the statute is an unconstitutional interference with the individual rights of Herbring himself in conducting the business of an insurance agent, is without merit. ”

“ Herbring, a resident and practising attorney in the city of Portland, Oregon, in good standing, applied to Lee, the Insurance Commissioner of Oregon, for an agent's license to represent the Northwestern National Insurance Company of Milwaukee-a foreign corporation duly qualified to write policies of fire insurance in Oregon, and already having two agents in Portland. The application-upon which the Company had indorsed its approval-was accompanied by Herbring's check for $2 as payment for a license fee. ”

“ The appellant also urges in argument, that 'if the statute be regarded as a corporate regulation, rather than as an individual prohibition, it is unconstitutional, in that it is unreasonable, arbitrary and capricious' and cannot be sustained under the police power of the State. ”