The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-09-07
STILL IN USE.
Harrison ClarksOn Admits
While Upon the Stand
That His Rate Book is Still Be-
ing Used
By Some Insurance Companies
In Kansas.
AFFIDAVITS FILED
Showing the Fees Charged For
Making Examinations
OF Insurance Companies by the
Kansas Department.
AFFIDAVITS FILED
OF Insurance Companies by the
Kansas Department.

BY stipulation of the attorneys in
p, terested in the case, the hearing of the
injunction suit brought by the Con-
necticut Fire Insurance company to
prevent Insurance Commissioner Webb
McNall from shutting it out of the
state, has been postponed until Septem-
Der 90 According to the stipulation all
testimony of the complainant must be
filed not later than September and
all testimony of the defendant not
later than September Is. All rebuttaI
testimony must be in not later than
September 10.
The deposition of Harrison Clarkson,
formerly at the head of the insurance
rating bureau in this state, was taken
1 yesterday afternoon before Mr.. Chas.
4 Nettles, federal court stenographer. Mr..
Clarkson was called in as an expert
witness to give testimony on the ques-
ton of the amount of loss sustained by
the company should it be shut out of
the state.
On direct examination by Mr. -Hite5 at
toFney for the insurance company, MI
Clarkson stated that he considered the
company would sustain a direct loss of
about $40, 600 if shut out of the state.
In his opinion, he said, the company
had invested this amount of money in
establishing agencies and arranging for
business.
Mr. CIarksOn was cross examined by
Mr. E. S. Quinton, who is appearing
in behalf of McNall, and before he was
dismissed was forced to admit that his
rate book was still in use among IN
surance companies. When asked II
insurance COMPANIES had discontinued
the use of his rate book he answered
that he didn't know that they had"
and when pressed to name some agent
who was still using it named Mr.. B. A.
Bailey, state agent of the Phoenix FIRE
Insurance company.
Late yesterday afternoon the deposit
tons taken in the case among insur-
ance men in the east were fled in the
federal court by the attorneys for the
insurance companies. All are of course
unfriendly to McNalPs side of the con-
troversy. E. c. Irwin, president OF the
Fire Association of Philadelphia, makes
the following affidavit concerning an
examination Of his company by Judge
Foote:
Judge Foote called at the home Of
fee of the Fire association of PennsyI-
vania and stated he had been deput1zed
to make the examination of the COM
pany. His attention was called to the
fact that the Pennsylvania insurance
department had only recently made an
exhausted examination of the company
copy of the report of which had been
furnished the Kansas department.
He replied that he wished to 1nVestl-
gate the real estate values, claimed IN
the company's items of assets He
called later and spent some time in con-
WeTS9tlOn with one OF our OIAlCGISs us
cussing free silver politics more Inan
the condition of our real estate hold
ings A similar call covering the same
plan of examination followed the next
day In all, he was with US scarcely
long enough to cover the time OF one
whole working day.
ssDurfng that time he must have sat
lsfied himself, without recourse to our
books and without examining the rec
Abrds or worth of a single piece OF real
estate, so far as I know, that our con
dftion was such as to come up to the
requirements of the Kansas depart
Tnent: for. in the afternoon of the day
ne finished his examination, ne Went
to our secretary, told him he had finish
ed. and a bill was presented for one
hundred and fifty-seVen dollars.
Although no service could have been
furnished either his commonwealth or
our company by his call upon us, his
bill was paid"
Amdavfts are submitted to show that
McNau's charges are greater than
those of insurance commissioners OF
other states Vice President Shaw of
the Hanover company testifies that the
chief examiner of the New York de-
partment, with seven other persons,
spent over fifteen days examining MS
company, and charged only $96O-$lO a
day for each person. These examiners
had no railroad fare or hotel bills to
pay which materially lessened their
Secretary Cresson of the Franklin !
festifes that the Pennsylvania depart J
e Of $50.
President Crowen of the Pennsyl-
vania State testffies that examinations
Of his company by his state department
The following affidavit in regard to
] AfcNall's order prohibiting the writing
of tornado insurance is made by Thos. |
..;Thomas Bates. being first duly
sworn. deposes and says that in the
month of May, 1897 he was consulted
by several insurance companies regard
ing the action of webb McNan, super !
fntendent of insurance for the state of
Kansas, in notifying said insurance
companies that they must at once cease (
writing tornado insurance in the state |
-ef Kansas.
''Afiant further says that about May /
5. 1897, on behalf of said insurance COM |
panies, he went to Topeka, Kansas, to /
consult with said McNan in regard to (
the right of said insurance companies /
to write tornado insurance in the state (
of Kansas, and that he had a cOnSulta- !
ton and conference with said McNall, /
in which consultation said McNan in |
sisted that said insurance companies |
must cease writing tornado insurance |
IN the state of Kansas, although this |
affiant showed him that under the au-
kthority conferred upon said insurance !
companies they clearly had a right to !
issue policies of insurance against loss |
by tornadoes.
Afiant further says that being Who'll |
~ unable to convince said NcNau that |
sald companies had a right to issue |
sucn policies. he consulted men engaged
IN insurance business in Topeka, and |
was ADVISED to go to the firm of Ouin- |
ton q Culnton, attorneys at Topeka.
ana TINS athant did go to said firm. and |
stated to man he supposed to be the |
senior member of the firm his husiness |
ana was informed that he believed the
Ina.tter could be arranged so that said I
rs E@1ce companies represented by af- |