The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-09-28
OFF OE OF INSURANCE sUPERIN-
TENDBNT Is MINISTERIAL.
PERM NENT INJUNCTION GRANTED
INSURANCE COMPANY HAD COM
PIED WITH THE STATE LAW
Says to Deny Company License Because
Hillmon Case is Unsettled L. a Blow at
Right of Trial by Jury.


ciskon In the famous insurance case at
Topeka yesterday. After stating at
some lengths the aver1nents in the petit
ton Of the plaintiff, the New York MI
tual Life Insurance company, he says
there are two questions OF law involved.
One is whether the court has power to
grant an injunction, 1t being against
officers Of the state, which the defend
ants urge cannot be done under the pro-
visions OF the eleventh amendment to
the Constitution.
Judge Williams decides upon autnori-
ty OF the United States supreme court
thai an Individual may have a man
Janus or injunction against the state
when his individual interests suffer The
opinion also holds the Office Of
state superintendent Of Insurance to be
ministerial and that it cannot therefore
be discretionary
Judge Williams says McNan's action
IN refusing 10 grant the company license
was assumption OF the most startling
kind and commands that a permanent
injunction issue against McNall and
Attorney General Boyle restraining
them from prosecuting any Of the COM
pany's agents.
Following is the opinion in full:
In the Circuit court Of the United States
for the District Of Kansas, First Di-
vision.
The Mutual Life Insurance company of
New York, Complainant,
Louis c. Boyle, as Attorney General OF
the state OfEansas, and Webb McNau,
a. superintendent OF Insurance Of the
state Of Kansas, Defendants.
The material averments in the bill Of
complaint fled herein are that the
Plaintiff, the Mutual Life Insurance
company, Of New York, is a corporation
duly organized and incorporated under
the laws Of the state OF New York, hav-
ing been organized and doing business
since the year 1912; that its business. as
its corporate name suggests, is that of
life insurance upon the mutual plan;
that ii has been doing business in the
state of Kansas "a life insurance COM
pany since the year 1866; that there are
within the state of Kansas thirty-three
taken out life insurance policies from
said company, and that the aggregate
OF life Insurance by said policies exceeds
the sum Of seven millions of dollars:
that its assets On the first day OF March
1897 amounted 10 over two hundred and
thirty-f0ur millions OF dollars, and its
su-piCS over and above al of it's liaoili-
ties amounted to over twenty-nine mil
ions Of dollars; that il carries on he
life insurance business generally in ali
the states OF the United States and in
many foreign countries, and that II has
In al the states and countries. includ-
ing the state Of Kansas, fully complied,
IN i-s part. with all the requirements of
law Of said states and countries for the
regulation OF the business Of life insur-
aace as transacted by corporations in
corporated under the laws of the state Of
New York, and has also strictly COM
piled with every act and requirement II
the state Of Kansas concerning life in
slrance companies incorporated under
the laws Of states other than Kansas,
and with all the legal rules and regula-
iiJns prescribed by the Insurance de-
parImcnt Of the state OF Kansas: that
the business OF lie insurance depends
for its ultimate success upon securing
the annual contributions Of large num-
Der of patrons and upon the continued
satisfaction of such patrons with the
manner in which the corporation trans
acts said business, performs its obliga-
tons 70 its policy holders and TO the
public generally. and that the business
Of life insurance Is peculiarly sensitive
70 the attacks Of persons who appear 20
be in a position - have peculiar infor-
nation concerning its proper transac-
lion. and that in order for successful
life insurance corporation II give its
members a proper distribution Of divi-
dends. thereby decreasing to them indi-
vidually the cost Of their Insurance, Il
is necessary that the establishment OF its
branches should be permanent and that
there should be situated within reason
able territorial limits general agencies
or branches for the proper conduct o:
the business and that it has been the
successful experience ef this company
that by reason Of its large expenditure
OF money. time ana skill in the creation
OF is agency plant, business connec-
tons ana good will in the state of
Kansas. i; has been able u maintain ite
high standing as a relis Die and honora-
Die life insurance company among the
citizens Of said state. and that the prop
erty Of the company within the state Of
Kansas. consisting OF its established !
agency plant. together With It's business /
connections, patronage and good viii. |