The Topeka state journal., 1897-07-02
PHILOSOPHICAL VIEW
Taken by 3 Chicago Insurance Maga-
zine of Webb McNaIl's Action.

The following from the Chicago Inde-
pendent prominent insurance u1agd-
zine is in a decidedly unbiased tone, and
contains some views on leg1slati ton in
general that are well worth reading:
We believe that Laws which give au-
tOcTatic power to one man are a mem
ace TO good government, whether the
person to whom such answer be given
occupies the position Of insurance sup
erinteudent, federal judge, speaker of
the house of representative referee of
anti-rebate tribunal, or president Of
the United States Such laws are an
tagonistie to and a mockery of popular
government. But in most of the critic
isms of Webb McNaH by the insura nee
press for his action regarding the Hill
mon claim and the revocation of the
license of the Metropolitan Life a spirit
of preju6iced partiZauship seems to
nave blinded editors and to have unfit
ted them for a clear view of the princi-
pies involved.
Mr. McNau, through his action re-
garding the matters in question. has
kept closely within the powers vested
IN him by the insurance law of Kansas.
and in the bestowal of arbitrary power
on the state insurance officer the law
Of Kansas is in no essential particular
different from the laws of other states
having an insurance department. The
right of the people of Kansas to make
such law cannot be aSSaiIed without
Indirectly assaiIing the right of the
people of other states to do likewise.
If the law of New York which clothes
bitrary power is righteous, then the SIM
liar law Of Kansas is so and, cOnse-
Quently. Mr. McNalPs right to exercise
the power bestowed upon him by law
should not be questioned. There is no
esca pc from the force Of this syllogism-
the law which gave the insurance
superintendent of Kansas the right to
grant a license to the Metropolitan to
do business in that state also gave to
him the right to revoke that license at
his plea sure The Metropolitan. in ac-
ceptiug the license, also accepted all the
conditions pertaining thereto From the
arbitrary decision of the insurance sup
eriutendent, the Metropolitan has ap-
Piled for and secured an arbitrary de-
cision from a federal judge. Mr.. Nc
Nall is clearly within the law creating
his office. while Judge Fosters decision
exceeds the power conferred upon him
/ by the constitution of the United Sta teS
ard is in defiance of A decision Of the
federal supreme court Mr.. McNa1Is 8
action may not be in aCcOrda nee with
| justice, but looking al the matter solely
| in Its legal aspect, the insurance super
/ inteudenI of Kansas appears to US to
be in the right and the Metropolitan
Life and Judge Foster in the wrong po-
siti9u. We fully indorse what The In
surauce Journal. of Hartford. says in
this connection. which is as follows:
Judge Foster does seem to be almost
fresh" as MCNa1 himself in his in
Z te~f renee with the action of the depart
r~ert rd il does not seem to US to
matter whether the cause of justice is
/ law Of Kansas, as we read it, makes it
/ the duty of the superintendent. when
/ ever he is satisfied of the unsoundness
J Of a n Insura nee company, to revoke its
/ license There can be no reaSona bic
/ doubt of the SoundueSS of the Metropol-
/ itan and. therefore, no reason for the
| revocation of its license; but that is no
/ business Of the federal courts. The
/ remedy fer McNaIlisn1 lies in another
/ direction. as the supreme court has
/ more than once decided OF course. the
/ Metropolitan cannot let Mr.. McNaH run
{ its business in Kansas: but it will have
| TO fight cut the ma tier in Kansas with
/ out calling on Uncle Sam for help
/ 1t appears to be the irony of fare that
/ New York life insurance companies
| should be the victims Of the arbitrary
| FCwer of a state insura ance department.
/ The managers of these compa nfes re-
[ Gently aided and abetted the depart
| meut of thair own state in its unjust
| and retadatCry assault on PrusSfan fire
/ companies. because certain New York
| life companies. for excellent reasons
| had been expelled from Germany. 1t
| was only a few years ago when the
| Managers of eastern oId-Iiue compa MES
| were appEa Uding Superintendent Wild
| er. OF Kansas, because he was exercis-
I ing his autocratic power to drive as
| sessmeut associations out Of the state.