Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1897-11-10
CORPORATE
INSURANCE.
Defined by Hon. David Over
myer, of Kansas.
The Legislature Has Placed the Exc
eutIOn Of the Insurance Law aud the
Conduct of the Department Ia the
Control Of the superintendent.

Hon. David Overmyer, referring t.
the case of the Travellers Insurance
Company VS.. Webb McNall, as Super
intendent of Insurance, in which thai
company seeks TO enjoin the commits
sioner from examination of it's books
and after referring to the impertinen,
and scandulous defense made by the
company, and after calling attention
to numerous cases in support of his
position that the amended bill, and
afidavits filed in support of it, are en-
tirely irrelevant to the issue, gave to
your correspondent the following
statement:
From the foregoing it seems clear
that the matter of examining into the
the affairs of a company, is a matter
within the sound discretion of the Sup
erintendent, and the question is as to
whether he has reason to suspect, is a
question to be decided by him in the
exercise of judgement and discretion.
If this be true, he is not subject to iu-
dicial control. For, if such rule should
be INDUCED, it would end in the courts
exercising their opinions respecting
the official duties of all officers, and
in the absorption by the courts of all
official power of the government.
This is not the intention of the con-
stitution and laws. The same power
gives the court its duties and functions
that reposed in other fuuctionaries
other duties and functions, and COM
missioned them to execute them. In
such matters the will of the people, ex.
pressed through its esta blished iusti-
tutions, must be jealously respected
and observed.
Then comes this amended bill,
which by reason of motion we have
filed, brings the entire case to revolve
around this scandulous and imperti-
nent matter, which is not the real case
at all, but the mere false-work, thrown
out to obscure the real case and 10
make Political capital by its publica-
tion in the papers. COPIES of these
affidavits having been published in
the morning papers of the 10Th inst, }
AS to this scandulous and imperti-
nent matter refer you to Equity rule
% and notes: There it is stated,
among other things, that "Impertin-
ences are mdtterS not pertinent or
relative TO the points properly before
the court for decision" Cases illus
trating this principle have appeared
more frequently in criminal trials than
elsewhere, and nothing is better
known to the profession and to the
bench, than the general rule that
proof of guilt of a different and in
different otfense is never admissible
to establish guilt of the particular Of
fensc for which the party is to be
tried. In will not do in a case like this
to assume as correct course of pro-
ceeding simply because it is practiced
by eminent counsel. Eminent coun-
sci, to gain their points, will frequ.
emily go as far as counsel not so emf
cd rules. This company says: This
man has made certain improper ex.
; aminations of certain particular in.
surance companies, ergo, he will make
an improper examination of this par.
ticular insurance company. AS well
might you say of a lawyer: He has
lost some cases, therefore, he will lose
all cases. Nonsense could scarcely
go farther.
Let me cite some more: The fact
that A. was an infidel or an atheist, is
irrelevant to the question whether ht
committed suicide.
The undertow of the argument in
this case is: The Kansas superin
tendent would be likely to make baC
examination, therefore, he will max,
bad examination. Fine argument
fine argument; honorable and logica
conception of great public matter o.
great public concern; conceived in {
lofty spirit; put forth for exalted
purposes.
These affidavits are not only irrele
want, but false; but who supposes 70
one moment that any of them, mad
by these parties in New York, Hart
ford, Chicago, Philadelphia, and else
where, respecting the alleged practic
of the superintendent of insurance il
certain cases, would support an indict
ment for perjury? How quickly thes
slick chaps, if they were indited 70
perjury for making one of these aft
davits would raise the point that tn
affidavit was not material to the issue
and consequently could constitute n
perjury?
1t must not be forgotten that thes
affidavits are made by men who d
not want any examination of any il
surance company.
Mr.. Irwin, of Philadelphia, did nc
like the examination which Judg
Foote made of his company. Yer
natural; but he admits that Judg
Foote Investigated the real estate va
ues, claimed in the company's item {