The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-11
MOREHILLMON CASE.
President Green and superintendent
McNaII Exchange Letters

which followed the refusal OF Webb Nc
Nall as superintendent of insurance to
issue licenses TO the companies involved
in the Hillman case, to continue bust
ness in Kansas Mr.. Greene wrote the
following letter to the superintendent:
I'VE are in receipt of your cornnuni-
cation of the Bird inst, Acknowledged
the receipt of our annual report, made
in compliance with the statutes of the
state of Kansas, and notifying US also
that ION evidence satisfactory to this
department, I am satisfied that your
company has not dealt fairly with the
plaintiff Mrs. Sally z. Hfumon, in re-
fusing to pay the death loss, and in the
litigation of the same, pertaining to her
deceased husband; hence, this depart
/ ment refuses to- issue to the Connecti-
cut Mutual Life Insurance Co. a Ii
cense to do business in this state for the
ensuing year"
''Presuning that you refer to the lit
igatiOH had upon policy No 1854 on
the life of John ". HillmOn, a former
husband of Sally E. Eillmon, (now Mrs.
Smith. I beg to say that there is no
death loss pertaining 10 her deceased
husband, and there never was any.
John ". HillTnon murdered one Walters
whose corpse was presented as Hill
mons for the purposes of a clairn-her
interest in which Mrs. Smith formerly
Hillmon) long ago sold to other parties
prosecuting the suit in her name
We do not know what evidence has
been laid before your department upon
which you base your opinion and your
refusal to issue a license. If any has
been produced. it is wholly exparte and
if any form of a hearing has been had
thereon. 1t has been expar rte. no nOti-
fcatiOn thereof ever having been given
US Nor are We aware Of the existence
Of any legal procedure of any such ma
ture established or contemplated by law
to any such end. We had supposed
that the duly constituted courts were
the proper and only legal, as well as
safe. tribunals for the decision of any
litigation pending therein and of its pro-
priety or otherwise. We are NOT aware
that your department has been created
4 court of judicature acting Concurrent
" with. but outside of the regular
punish utigant and to decide
the merits of his suit pending else
where, without his being heard, and Yet
without power to decide the suit itself
or to make any judicial order therein
The courts cannot deny US justice nor
the lawful use of the procedure nee
essary thereto They are established
to do justice as well as TO determine
what is justice, and we do not under
stand that your department has re-
ceived power to suspend their opera
tons We do not understand that it is
Within the power OF the state, either
through your department or by any
means whatsoever, to refuse or to him
der access to the courts. or to infiict up
on those who are rightfully there any
punishments or penalties outside those
e1fOrcible in and by the courts them
selves according to law
The Judgment your department has
assumed to render upon the merits of
q suit in a proper and competent and
unimpeached court is but a personal
opinion on a case and not under official
cOgnlzance, upon eX parte Information.
without being heard, or asking if. in
fairness, we desired to be heard; and
the action taken is with the obvious in
tent OF so injuring US in our credit and
business as to induce us to withdraw
from suit in a proper court of justice,
where we have a perfect right to be,
regardless of our own convictions as
TO the merits of that suit and our con-
seQuent duty in the matter. We have
promptly paid far too many death
losses in Kansas, to say nothing of the
whole country, through more than fifty
years, to merit the assumption that we
are contesting certain claim out of
WantOnment-
we cannot believe that cool and dis
passionate reflection will betray any
responsible person into such an atti
tGde or action towards US. We are
certain that this act of your depart
nent cannot have had your sufficient
and careful consideration. We re-
specially ask that you give it your
personal and immediate attntiOn and
reconsideration, and that you instruct
the department to issue to US the Ii
cense to which we are by law entitled
Today Mr. McNau forwarded to Mr.
Greene the following reply:
You state in your letter that there
is no death loss pertaining to Mrs. Hill
mons deceased husband, and there
never was any Permit me to ask you
what Information you have as to the
truthfuIness Of this statement. You ap-
parently speak advisedly. Again, you
say John ". HillmOn murdered one
v alters, whose corpse was presented as
HHImOn'S for the purpose OF the claim,
her interest in which Mrs. Smith, for
Inerly HillmOn, long ago sold to other
parties prosecuting the suit in her name
Permit me. further, to ask you what
evidence you have upon this proposition
But. suppose that your latter state
ment is true, which is not, do you
claim that that relieves your company
that a valid defense, because in your
judgment you think that she has parted
with her interest in the claim?
a gain, you say that you do not know
what evidence has been laid before this
department upon which I base my Op-
iniOn and my refusal to issue the license
If any has been presented it is wholly
exparte and if any form of hearing |
has been had thereon it is exparte, no |
notification thereof ever having been
given to you I nigh tsay that certain |
matters above referred to, from the cir |
cuTnstanceS of the case, were neceSSar- |
lily exparte- I realize that there is GER
tain in forrna ton that you, as the presi- |
dent of the Connecticut Mutual Life |
Insurance Co. could impart to this Of |
fee I will suggest that you furnish the |
same at this time as an evidence of |
good faith on your part, because, as /
sumo that you have never paid out a |
dollar representing policy holders in /
your company without you have taken !
a voucher for the same, such voucher |
ocntaing an itemized statement of ev- |
cry dollar expended. to whom |
expended and for what purposes ex- |
pended; hence, if you have no objection |
YOU may furnish for the inspection of |
this office. certified copies of all vouch- |
ers. beginning on the 9Th day of March, |
1879 at the time the body, or the sup |
posed body, of John H Hi1imon. was
removed from Barber county, Kansas. I
to Lawrence, Kansas, and at the time +
an examinatio was made of the corpse !
by your physician one J. H. Stewart !
/ hen, IN addition, furnish a copy of all |