The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-09-28

suits by persons against Such Ofhcer ana
may afford adequate remedy by a
mandatory injunction in order to protect
the rights Of parties injured by the ac-
ton Of said state officer.
! 1t only remains, then, 10 inquire what
are the duties of the defendant, McNall,
as superintendent Of insurance of the
state Of Kansas. as declared by the Stat
utes Of said state. The law OF Kansas
prior TO the year 1889 in relation to the
duties and powers Of the state superin-
tendent Of insurance. as defined and de-
clared by the supreme court Of Kansas,
seem to be as follows: Referring 10 the
different sections and provisions Of the
| insurance law, the court declares:
These and other provisions Of the
statute relating 10 insurance and to the
superintendent of insurance, already
show that many Of the duties Of that Of
ficer are discretionary. and this is es-
pecially true regarding the granting,
Withholding or revokng Of authority to
insurers 10 transact business within the
| state" Gao Kansas, D. 56s.)
And il was held by the supreme court
| oe the state of Kansas, in the case Of
| Insurance company We. Wilder, superin-
tendent, above referred to. that the state
superintendent OF insurance had the alb
solute right to refuse TO any company
license to transact business in the state
regardless of their solvency or their
! having compiled with the requirements
| Of the law. After this decision referred
| 10 in the 10th Kansas, the legislature
| that met soon after, or, perhaps, that
were then in session, passed the law
that is now in force in relation to the
duties Of state insurance commissioner,
but, as stated, heretofore, the conten-
ton Of the defendant is that that
amendment only relates TO home mutual
| fire insurance companies, and that by
the wording of the title of the act no
provision relating to any other kind of
| insurance companies could be properly
enacted under said title. The act in
controversy is known as Chapter 159.
Session Laws of 1889, and went into ef-
feet in March OF that year. II is en-
titled AN act relating 10 insurance and
amenda tory Of Section "a, Of Chapter 1872
| Of the Laws Of 1885, being an act eng
titled AN act to provide for the organ
| ization and control OF mutual fire insur-
| ance companies and contains the fol-
lowing language:
provided. however, that the superin-
! tendent of insurance shall have no pow
| er or authority to refuse an insurance
company certificate Of authority 10 do
business in the state, if such company IS
solvent and has fully complied with the
| laws Of the state. And
Provided. further, that such superin-
tendent Of insurance shall have no pow
er to revoke or suspend the certificate
| OF authority of any association or cor
poration transacting the insurance bust
| ness. IL such association or corporation
is solvent and complies with all the laws
| Of this state.
ALSO, it is further provided that in
| all actions brought against the superin-
| tendent OF insurance to compel him by
mandamus, or otherwise. to issue certi-
ficates of authority to any association or
corporation desiring to transact insur-
ance business in this state, and in all
! cases brought against the euperintend-
ent Of insurance to restrain or en5oin
him from revoking or suspendins the
certificate Of authority Of any aseocia-
| ton or corporation transacting i1sur-
| ance business inthis states, such action
| or actions must be commenced and
| maintained in the county where the Of
| flee of superintendent of insurance is 10
Gated and carried on"
It would seem that the language OF
! the act embraces all insurance associa-
| tons or corporations desiring 10 trans
act business in Kansas. The language
of the title being IAN act relating TO in
L. 20
chapter 1922 etc, the title Of the act
seems certainly broad enough TO cover
| any legislation in relation to insurance
or insurance companies. Referring to
the contention of counsel for the defend
ant that the act was not intended and
designed to affect the duties Of the state
superintendent OF insurance in relation
to any but home mutual fire insurance
companies, it may be proper to state
that up to the year 1871 there was no
law Of the state of Kansas requiring in
surance companies OF any kind, incor-
porated by the laws of the state of Kan
sas. TO have any certificates or license in
order to transact business. By the act
Of 1871 creating the insurance depart
ment in the state OF Kansas, under the
head Insurance Other than Life"
sections % and 80 Of said act will be re-
ferred TO as important ir this connec-
ton and upon this point. Section 20 is
as follows:
at shall be lawful for any insurance
company incorporated under the laws Of
this state for any purpose than life in
surance, to invest its capital and the
funds accumulated in the course Of It's
business. or any part thereof, in bonds
and mortgages on real estate. etc" The
balance OF the section directing in
what manner its funds shall be invested.
Section 80, at length. is as follows:
Upon the complying with the forego-
ing provisions by any such insurance
company. the superintendent Of insur-
ancA shall cause an examination TO De
made. either by himself or some disin-
tepested person, specially appointed by
him for tha, purpose, who shall certify
under oath that the capital herein re-
auired Of the company named, accord
ing 10 the nature OF the business pro-
posed 10 be transacted by said company.
has been paid IN. and is possessed by x
in money. or in such stocks and bonds
or mortgages as are required by the
e9.h section Of this statute, in an
amount not less than one hundred thou-
sand dollars Sucl certificate shall be
fled in the office OF the superintendent,
who shall thereupon deliver - such
company certified copy Of such certifi-
cate, which, upon being recorded in
the Office Of the register % deeds Of the
county where the company Is TO be 10
Gated. in 3 book provided for that pur-