The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-09-12

| for a license and that the check had
been refused on the ground that the
company had acted unfairly in reference
| to the settlement of Hillman claim. This
| ne said, constituted McNalps only reason
| for refusing a license TO the company
and introduced affidayitS showing that
McNail had said on two or three occa-
sions that this was his only reason for
refusing the company a license. He
defied the attorney general 10 say mat
the company had not rendered the Ii
cense fee, had not the required amount
Of capital or was not solvent. He took
the hide off McNall, who he declared had
proceeded in a vicious and criminal man.
ner 70 interfere with the legitimate bust
ness Of law abiding insurance company.
He called attention TO the fact that Nc
Nall was now under indictment for AT.
tempting 10 interfere with the operation
Of the mandate of the federal court
The question has been raised said
Judge Horton, that federal Judge can
not tie the hands Of the attorney general
of a state But I call your attention 10
the fact that Justice Brewer tied the
hands Of the attorney general Of Ne
braska two years ago, and they have
been tied ever since. And when that
case comes 70 the court Of last resort
MS hands will remia ntied forever"
Judge Horton invited a discussion Of
the proposition that the whole case rest
ed simply upon the company's refusal
10 settle the Hillmon case. He said that
the power Of the state superintendent
was not Discretionary but purely minis
terial In the 40-h Kansas, he said, the
supreme court had decided that the pow
er Of the insurance commissioner was
absolute under the act Of 1885. That on
account of this decision the legislature
in 1883 amended the law to make the Of
fetal function of the insurance commits
sioner only ministerial in the matter or
granting license. That this act plainly
stated that license should be issued to
companies when they were solvent and
had complied with the law. This, he
said. McNall admits the New York Life
has done.
At the close OF his argument Judge
Horton filed for the company's motion
for 2 mandatory injunction, that is an
order restraining McNall from prosecut-
ing the company's representatives and
compelling him to issue license.
Dave Overmeyer followed Judge Hor-
ton and talked for more than two hours.
He said that this question was to set
tie the Hillmon case a. all; that he Hill
mon case had nothing TO do with ii. II
was a question as to whether the state OF
u "a
lions. This insurance company had
come here under privilege Of the states
invitation as a guest, and as a quest had
kicked the host away from the table and
taken charge Of the house.
He ridiculed the idea that the head Of
a department was only ministerial Of
fee Taking up Judge Horizons refer
ence to the statute of 49, he said that
law referred only to fire insurance COM
panies as the word property was used all
the way through and fire insurance
alluded TO. Mr.. Overmyer's
effort was in the main a citation of de-
cisions and rehash Of his first propo-
sition.
But the biggest CUFF OF all was the in
surance attorney, Short OF New York.
He said that the companies had from
the start invited discussion of the prop
osition that all this trouble hinged upon
the settlement of the Hillmon case and
that the other side had totally ignored
it.
The idea Of excluding foreign corpora
tions from the state, ne said, was relic
OF barbarous times and came from the
feudal ages. The foreign corporations
are the bone and sinew of the state.
The pure gall of that statement en-
titled the bald headed wiseacre Of down
east TO the hourse laugh. And Dave
Overmyer did a good thing when he re-
fused to reply.
G.. c. Clemens closed the arguments.
Judge David Martin submitted a writ
ten argument in behalf of McNall, and
Judge Williams corralled all the cita-
tons and took the case under considera- |
ton. He said yesterday that ne did not |
know exactly when he would hand |
down a decision.
Attorney General Boyle left last night |
for Topeka, leaving some of the attor- |
neys here to keep an eye out. The case, |
II decided against McNan and Boyle, |
will probably be appealed to the su-
preme court.