The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-11-11

u. Mathews, Attorney General of this
State, WAS solicited By me By 8 letter OF
said date, in which the following quss-
tions we're propounded, viz;
First. Have l the right, and Is 1t NJ
duty under our act Of 1872 s, TO charge
these Ohio companies and companies
from other States, having similar stat
utes, doing business in this State, tba
same tees they charge to our companies
doing business in those State.2 and
Second. If l have such right, DO tie
fees SO charged belong to me- or should
l pay the excess over the fees allowed
me by the Code, into the Treasury OF
the State?
In reply to these inquiries, the follow
ing letter was received from the Attor-
ney General:
OFTIcE or ATTORNEY GENERAL.O
LEwIsBURG, W. Va,
July II, 1875.
Hon. Z. A. Bennett auditor:
DEAR SIR: A reply to your letter ask
ing my views as to the construction OF
certain provisions of our insurance laws,
and as to the fees which should be
charged insurance companies OF other
States doing business here, has been
necessarily delayed by other duties.
have examined the acts OF 1872 3, p.
64S and l64, the abstract Of the insurance
laws of other States which YOU furnished
me and the circular of the Insurance
Commissioner of Ohio. l am of the
opinion that il is your duty, under the
act of 1872 3, to charge the insurance
companies of Ohio and Of other States
having similar statutes and doing bu'i.
ness in this State the same fees which
those States charge the insurance co m
psnies of West Virginia doing business
therein. And think that the fees, 10
be thus charged, pertain TO your Office
and belong to you.
This conclusion is warranted by the
construction which has been given tue
insurance law of New Jersey which is 81
nearly identical with our own.
Very respectfully,
Henry VI. MATHEWS,
Attorney General
This opinion of the Attorney General
which confirms the previous action OF
the Department, furnishes rule for tbs
government of all parties interested in
The matters referred TO therein.
L. A. BENNETT, AmditOr
CONCLUSION.
In bringing to close our review OF
these questions, we can see but ono re-.
suit ahead of the prosecutioni that IS the
absolute lmpossibility Of conviction under
the law. This being the case, We fee.
that we ought to remind the Legislature
of the immense waste of time and money
which regular trial will cause. Not
less than sixty days session OF the SEN
ate and an expenditure of not less than
ten thousond dollars, in addition 10 the
per diem Of that body, will be required "
carry this prosecution to the truItIes'
conclusion that awaits II. We DO not
say that the House ot Delegates should
hastily dismiss It's proceedings, but We j.
say that that body should consider well
the necessity OF carrying needless trial
to vain conclusion, merely TO show the
willingness Of the majority Of its numbers
to prosecute 10 the bitter end whatever
charges may be preferred against public
officers Of the same political faith witt
themselves.
Consciou, ourselves that there O.,
neither malice nor unkindness in the
breasts OF the people Of our own part OF
the State toward those of any other, W.
shall be glad if our representatives. eau
see their duty to the State and people ia
such a light as will enable them by their
votes and acts to disprove all charge
Of partisanohip, or of sectionalism, from
whatever quarter they may come.