The Wichita daily eagle., 1896-07-21


scrfhed for the administration by chts
department unreasonable. inQuisisor.ai
and unbearable: that enforcement OF
the law a the manner proposed would
result IN the immediate withdrawal of
Insurance companies from the state.
leaving sts people unprotected and help
less against the rayages Of IRE and
tempest
1T becomes q profound pleasure 70
report that this evolutionary purpose
was abaudoned by those who threatened
TO resort to IL. and severely condemned
by those who had refused 20 commit
themselves 20 .t Every company finally
yielded. and made the returns In form
and manner prescribed by me. and paid
the tax. penny for penny. as assessed
upon s.,ch returns. A few paid under
formal protest reServing the right 20
bring suit against the state for It's IT,
covery when the law should become In
validated by decree Of the court os last
resort The total xas 312,l7s."
The commissioner then describes how
the '.fseid men, OF the companies threat
ened war upon the people by increasing
the rate OF premiums per cent and how
he went vigorously after the combine 10
their utter rout
One chapter of the report gives the
official history of sne Popuiist nanlpH-
iation OF this reciprocal tax The tax
had not been collected for essh. years
and the gross sum which was - was
claimed the companies owred the state
was S.<.s5o. Suit was brought against
the New YORK COMPANIES by 6. II. sni-
der. who was superinter OF insur-
ance under Governor Lewelifng. Sub
upon the payment Of sis5oe by the ccrn-
panias. leaving So. go unpaid. II bring
ing ehis suit the superintendent: enumer-
atsd eighty-five cities OF Kansas wsisch
were entitled 20 share IN the recspro-
cal tax. though at that time the law Rad
not been passed which established their
rights in the premises Commissioned
Anthony says OF this suit:
sTt has been found that out sixty-two
cities OF the state are even onw entitled
20 share IN this fund. OF these sixty
TWO. only forty-fivs are enumerated IN
the suit against the companies. ari only
foyty-frve OF tire eighry-fvs thus emu
nerstrd IN the allegation OF che CON-
plaint are or ever have been entitled to
participate in this fsind. As ] matter
of fact. the basis OF this suit. so far as
the sum rrrn which assessment was 20
te made and the cities entitled To share
in IL. Were purely fictitions, based upon
no possible knowledge of facts.
III Il be found. as ~ wouid eeern that
II must be. that there was no warrant
in law for the demand upon the coxnpa-
MES for this money and that It's oolfec-
ticn was in the nature OF n forced con-
tribu,ion. 10 should be returned 70 the
parties who were made to pay II. If 10
d h..fd Ia h<a I'll ur4a ffn
the authority OF the superintendent of
insurance 20 compromise away tho
rights OF the state presents itself and
demands answer. IL he had no such
right or authority. then there stili re-
mains due The state ss7 .&5o. TO- which tia
companies should be compelled 20 pay.
and the whole sum distributed among
the benefictarics as shown 10 exisr ua-
der The present law
In conclusion the commissioner cis-
cusses the valued policy law. which he
announces he is determined 20 enforce.
He stands by hts letter CT May Q and
promises 20 bring o. bear all the power
his Office possesses 20 compel insurance
companies 10 pay the face CT policisa
In that letter he stated his determination
as follows:
Prom thie on. then. resistance 20 q
claim under valued po,icy by any com
pany. except by charging fraud in OBJ
tanning the policy OF from criminal
fault Of the insured or hts assigns. IA
connection with the loss. viii Se accept
ed and dealt With by this department.
e-s studied contempt and deliberate da4l-
arcc Of the insurance laws OF the otats.
In all suoh cas,s. proof that rhs prop
ersy insured has b~rn wholly destroy
ed must be accepted "a final aud concla-
sive evidence of the obligation OF the IN
suring company 90 pay the sum nane1
In ths polf,y as the true amount ~
loss and measure OF damages Any
attempt % tsuper with or ry-dnce liz
biEty. BY arbitration or estimates OF
actual loss, Win be held and accepted
IA a refusal TO pay an already adieei-
Gated aud jtst claim