The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-08-14
is 1T RIDDLE
Or Is It Eustace I'll. Brown Who
Will Be
Appointed In the Place of Geo.
T. Anthony?
MAYBE IT'S NEITHER.
A Number of Applications Have
Been Filed
About Which Governor Delight
fully Expresses Ignorance.

There is considerable discussion as to
who will be the next state superintend-
ent of insurance in George T Anthony's
place.
A P. Riddle is the only candidate
that has come out for the place so far
as is known. The present Assistant
Superintendent EuStice H. Brown while
not an avoWed candidate has been
mentioned as a probable appointee- He
is an old insurance man. having been
raised in the business, and it is said
that Governor Anthony during his last
illness expressed his desire that in case
of his decease Brown should be ap-
pointed. This rumOr cannot be con
frmed as those who know the facts re-
fuse to say anything about the matter.
Governor Morrill, said to a reporter in
regard to his action in the matter:
Il don't know what 1 shall do as /
have not had time to consider the mat
ter in any manner. The weather has
been so hot and I have been so busy
that I am tired out and 1 want to go
away for little rest and if I am adj
vised that Mr.. Brown can act ] think
there will be no hurry in making that
appointment. I have had some appii-
cations for the appointment but have
not considered any of them yet"
Quite an interesting legal point has
been raised by the death of George r.
Anthony, late superintendent of insur-
ance. The question now is how can
service of process be obtained by per
pany which is doing business in the
state of Kansas The attorney general
has been called on to express his views
on the matter and when he does so
Governor Morrill, will know whether
he will have to take up the problem, as
to whom to appoint superintendent i'm
mediately and fight it out with the ap-
pHcantS and their friends and political
hackers or whether he can defer the
appointment till sometime after the
election when political deals will be less
numerous and the weather several de-
greeS cooler.
GOV Morrill, and Geo. T. Anthony
were personal friends and the governor
naturally hates to take up the subject
of filing Anthony's place. Then, all
though there are very few open can
didates for the position and as yet
there has been scarcely any talk as 10
who viii be named, it is known that
there are several applications that
have come by mail, and if the governor
has to appoint some one right now, it
may materially cool the enthusiasm
of the other applicants which is not
desirable thing to do when campaign
is going on.
The superintendent has control Of
the admission of foreign Insurance.
companies into the state of Kansas
for the purpose of doing business here
and a general supervision as to the
method of doing business.
One of the objects of insuring prop
erty to the average citizen of Kansas
is to collect the loss when one occurs
and as insurance companies and the
man who inSureS sometimes differ as
to how much, if any, the loss amounts
to, they sometimes get into court over
the matter. 1t then becomes quite inn
portant to the man that sues the com
pany to have some one in the state to
represent the insurance company who
can be served with summons.
The statute that provides for the
admission of foreign companies into
this state also provides that when they
are sued the summons shall be sent
to the superintendent of insurance and
that he shall forward copies to the
company, and in certain designated
cases forward other copies to certain
officers of the company.
The appellate court OF this state
have recently rendered a decision to
the effect that the thing necessary to
be done to serve company with a
summons and bring it into court Is
that the superintendent shall receive
the summons and that the provisions
of the law that say that the superin-
tendent shall send copies Of the sum
mons to the company are directory
only and that it makes no difference
as far as the plaintiff in the case is
concerned whether he does so or not
There is at the present time no super
intendent of insurance. VINO can be
served? The summons in a case that
was brought against company came
to the department of insurance yester-
day, and the matter was at once re-
ferred to the attorney general The
question becomes more important
when it is known that most of the in
surance policies that are issued in this
state provide that in case a loss oc-
ours under one of them that the suit
if any, be brought to recover the mon
ey must be brought within six months
from the day of the loss, or else it can
not be maintained at all.
The policies also provide for certain
proofs of loss to be made out by the in
sured. and after these are filed with
the company the company has either
80 or so days in which to pay and it
quite frequently happens that where
trouble arises over a loss and a law
suit is necessary to settle the matter.
that there only remains a. few days or
the six months within which suit must
be commenced and obtain service on the
company through the superintendent.
If the attorney general should deter
mine that no one could accept service
but a duly appointed and qualified
superfntendent it will necessarily fol-
low that Gov. Morrill, viii have to ap-
point one in very few days in order
to protect the litigants Of the state.
A prominent attorney of this city who
frequently appears for insurance com
panies said yesterday that he did not
care what was done in the matter as
he was certain that he could defeat
any suit that was brought against a
company and service made through
the department in the shape things
were in at the present time