The New York herald., 1878-02-21

THE coMPrRoLLERs COMMUNICATION TO
GOVERNOR ROBINSON.
ALBANY, N. Y, Fob. 90, 1873
The following communication embraces the charges
against John i. smyth. Superintendent OF tho In.
surauce Department., lard before the Governor this
atlernoon.-
CoxPrRoLLER's OFFICE, ALBANY, Feb. 20. 1875.
To HIS E,xcelency Lucus KoBIysox, Governor OF the
State 81 New York:-
siR-I enclose herein duplicate Of communication
70 ~ %s as " on
inst, OF which the following Is copy.
STATE or Nnw FORK. IN AssEMBLY.}
Me- Halliday offered the following
ay nS,' s. Ssn % & time II.
companes IN This state by the Insurance under
companes ANA whereas the statutes OF the State require
that al S' % for n tho t. said com
zed iorm and by him audited before presentation TO the
the insurance companies before being audited by the
Comptroller In d,re;r violation OF the laws OF the stats
Re.oysd. Th.. The comprollsr Of the state .ns he
iS 70 as sa
which such 1s were eharsed since the nTst day Of
s tor S'0 "Sy
aSd appraisers or commissioners designated BY the
ns *: 's'" s New YORK .hs
sors.i and The aess a.srsnss oonpsniSs Ssvas Soon
y "v 10 o his
audit and approval together with other iacts inior
EDWAnD NJ. JOHNSON. Cierk.
ExAnixATioXs MUST M FREE.
Tho facts contained in lnis statement and others
which have como to my knowledge lead me to tho
vlcton tns. am ~ anty b'und 70 make charges OF
tcndcnt OF stnc insurance. Department
Chapter No. 595 OF the Laws oil 1873 contains among
other provisions Tor the regulation Of tho Insurance
Department the Official exaninations Vi INSURANCE
companies the following
Whenever examinations shaIbs made any Insurance
company by the Superintendent Deputy superintendent
psrsouay. ny more OF the regular ccrSs Il said
a sas M No 'a ns II sd OF @
Ysss. .a q" syS S III s.4ss sn
eomnany by .1y attorney ., appraiser Of this de;
srmfas s' 'TSisR''a .A. Ss 81"
u G SS tie State Ss
Psny upon receiving cersss" copy Of said iii
Of eharges hnh repay the amount Of the same to the said
to replace tho nsy drawn ca. as above provided or
other iar,hsf superln, sx.mns,
otter pre,cnce whatcvcr said
coapasy sosss ths provisions Of this section
shall be guilty oil a msdemcanor
This statute imposes duties and restrictions
SUPERINTENDENT vi the Insurance DEPARTMENT iu tue
matter OF the presentation aud collection oil bills 0r
the expenses oil exam nat,o us OF Companies
IL also casts upon the mproer the duty OF audting
all snch bills ana makes that audit conaition prcced
ent " their iegaiiiy.
Tho prescriptions OF this act were Ia i0rce at tho
time wnen entered upon tho duties oil my viicc |;
thcy are iucIudcd my official oath. They wore nke
wise III iorco wnvu the present tendent oi The
Insurance Department qualned he was sworn to per-
fvrm them. How Important the Legislature regarded
these sialu,ory restraints 10 evinccd by the fact
that theT violation by Inc superintendent or his
rubordinstcs was made msdemeanor, For some
time past The Comptroller has been prevented rom
disca gng hts duty under tho law by tse witt WITH
holding OF such bills by tue superintendent. In re-
peatsd Instances bills tor very large amounts nave
been made out by attorneys aud appraisers oi the ln
burancc Department. ccruHed py tho superintendent
presented anu collected without the knowleugo
or audit oi the Comptroller simiiar bills have been
prescn od and collected without the certificate oi tue
Super Dtcndcnt, but with his knowledge ana consent
lhgsr repeated and notorious v,oiutions vi tho law
leave doubt that the course oil the Superinte
IN deliberate attcmpt 10 svade the audit OF the
Comptroller and prevent the discharge Of Inc duty Inn
posed upon him ny the law above cited.
THE SPECIFICATIONS.
Firmly convinced oi tins ,ntsution charge John
y. smy YIN, superintendent OF the Insurance Dep,rt
mcnt, Win malicasance and violation of biz oath Ut
ofice IN the ioiiowing particulars
That no has Knowingly ana wfdlly presepted or
caused to be presented Ds OF attorneys OF the lnsur
ancc department 10 insurance companies not beari ng
the approval oil h,usef ns supcrin tcntcnt.
That he has knowingly and wlliuliy presented or
caused 10 be presented similar Dis not bearing the
| auait OF Inc Comptroller.
That lie hgs knowingly and wilfuOy presented or
cRusedto be presented 10 tosurance companies bills
Or appraisers ot the Insurance Department not bear
| ing MS approval as superintenucnt
| That he has knowingly and wilfully presented or
caused 70 bs presented 70 Insurance companies oAs "