The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-03-10

mands of said superintendent were
complied with in the dismissal of the
action and the payment of said $500.
Your petitioner alleges that said Phe-
nix Insurance company is now, and was
in September, 1898, a reputable and SOL
vent company, and having compiled
with all of the requirements of law, was
entitled to do business within the state
without interference of said superin-
tendent, and upon compliance with the
laws of the state and the payment of
the requisite fees was entitled to Ii
cense to do business in the state for the
year commencing March l, 1899, and
the action of said superintendent in at
tempting to interfere with said COM
pany's business in September, 1898, and
in making said demands as a prere-
quisite to the insurance of a license for
the present year, was unjust, arbitrary,
unlawful and corrupt.
Third-That under the pretense of as
pertaining the financial condition of
various insurance companies the said
superintendent has sent his authorized
agents to the home offices OF such com
panieS with authority to examine the
same. Your petitioner charges the said
examinations have in all cases, been
superficial and perfunctory and of such
a character as to be of no value to the
department of insurance or to the pollcy
holders, and were made solely as an ex-
cuse for levying blackma1I upon the
companies thus examined and for the
financial benefit of said superintendent
and his employees.
In this connection your petitioner d.
reefs attention to the So-called examina-
ton of the following companies: Ma
tonal Fire Insurance company OF Hart
ford, Conn; Fire Association of Phil
adelphia, Pa; Traders insurance com
pany of Chicago, Ill; Delaware Insur-
ance company; Franklin Insurance COM
pany; Spring Garden Insurance COM
pany Pennsylvania Insurance company;
Insurance Company of North America;
Reliance Fire Insurance company;
Girard Insurance company; Insurance
Company of the State of Pennsylvania;
Milwaukee Mechanics Insurance COM
pany; The Liverpool, London and Globe
Insurance company; The Phoenix IN
surance; Royal Insurance company OF
Liverpool; German American insurance
company; The Hanover Fire insurance
company; The Continental Insurance
company of New York.
Your petitioner charges that there are
numerous other companies upon which
tribute was levied by said superintend-
ent and his agents for pretended ex-
aminatiOns and while attention is espec-
tally called to the foregoing list OF COM
panies, it is respectfully asked that the
investigation before your excellency in
c1ude not only said eighteen companies,
but all others which have been examined
by said insurance department.
Fourth-YOur petitioner alleges that
it is the duty of the superintendent of
insurance under the statutes of KAN
sas to turn all funds collected by him
from every source into the state treas
ury to be disbursed upon proper war
rants; that, in clear violation OF law
and in disregard of his duties in this re-
spect the said superintendent has
neglected and refused to account for, or
to turn into the treasury, any money
collected by him, or his agents, for such
examinations, but had retained all of
said collections for the personal use and
benefit of himself and said agents.
Fifth-That the said superintendent
has neglected and refused to incorporate
in his annual reports the whole amount
of income, and the source whence de-
rived, and of the expenses in detail.
during the year ending the thirty-first
day of the preceding December as re-
Quired by law, but has omitted from
such reports all information pertaining
the revenues derived therefrom and the
disbursement of the same.
SiKth-That said superintendent has
been guilty of dereliction of duty and OF
corrupt and venal practice in the con-
duct of his office, in various ways not
specially mentioned herein, but your
petitioner asks the fullest possible in
vestigation of the conduct of said super
intendent to the end that all the facts
may be known and your eXcellency fully
advised in the premises.
Wherefore your petitioner prays that
your excellency investigate the official
conduct of said Webb McNall as super
intendent of insurance during the whole
time he has occupied said position, and
that if, as a result of such investiga-
ton, it is found that the charges herein
made are sustained in whole or in part
that he be removed from office.
ARTHUR CAPPER, Petitioner.