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

superintendent of insurance; so, it seems
the state of Kansas. And this matter is
no 9 tR9f has lately Come in9o
power in this state?
it might be a good plan TO Investigate the
supreme court concerning the aforesaid
decision.
Now, you know as we'll I know that
Mr.. Capper and Mr.. Troutman, who pre-
pared these charges, were not interested
in them in any particular and that the
moving power behind the throne is two
Horton and Mr. Hite, who have a case
pending in the federal court, entitled the
Connecticut Fire Insurance VS.. Webb Nc
Nall as superintendent of Insurance. At
the last time this case was called for
hearing it was continued by Judge Will
liams. and after such continuance Judge
Horton submitted to an interview in the
daily papers in which he said that this
would put the case over until May and it
would never be tried, because by that time
McNau would be out of office. I am la
boring under the impression that the judge
spoke advisedly- This is a company that
failed to comply with the valued policy
law of this state. In one particular case
at Arkansas. City it had an insurance of
gar NJ. Bird; there was total loss, and
the insurance compny in its magnanimity
company also had several other cases
wherein it failed to pay. what was due
insurance department was attempt
ing to enforce the law and compel
the state required it to pay. Prior to the
date set for the hearing of this case in the
Horton to take dispositions at New York.
Hartford and Philadelphia last August
Mr.. Rankin Mason was employed by the
insurance department to appear upon the
places, and instead of this distinguished
jurist proceeding to take the dispositions
as ne had given notlce th9t ne would 90
after he found that the department was
represented he sneaked around from place
to place a4d took eeSSoparte afhdavi It's the
knowledge of and could have no knowl-
6e bout %e or nee Ten IN da Re 6f6T
the date. set for trial. There are some
lawyers in this state. governor who con-
slider this unprofeSsional.
Again. the same Individual, or individu-
ais, the attorneys for the insurance COM
panies who are back of you in this alleged
hearing to be held tomorrow. went through
the form of taking one or two dispositions
the revenue laws of this state, going into
effect the LIST day of July, 1898. required a
jurat or certificate. When they We're filed in
the federal court no revenue stamps We're
up for hearing it was found that the reve-
nue. stamps had crept onto the papers. In
another instance one of the afhdaVits was
copied by one of the attorneys. or both
of them and given out out for PuPlieatio il. in
out was an absolute forgery, in the fact
that it was copied by their own stenogra-
after which the remainder was given to
the papers for publication. For what rea-
son? Why, presume these attorneys
were attempting to prejudice a case in ad-
These DartieS-thiS
have signed the complaint and charges
they have not won one of the many suits
brought against the insurance department.
Ihey nave not 6ny apsoiqteiy Ia5iea TO
suits and paid their own costs, and, now.
mate tl mat these parties Should be ASSISTED
by the chief executive of this state, from
partisan standpoint.
There is one company that is not
cited in this alleged complaint against
this department, and that is the Travel
ers' Insurance company, of Hartford
Conn. L found upon examination of
this cOmpany'S annual statement that
what is known as the Depot Hotel at
Abilene, Kansas, a building built upon
the right of way of the Union Pacific
Railroad company, was designed by the
company to this department as real
property and valued at $50, 600 in the
cOmpany's assets. Upon sending an ex-
aminer to Abilene and having an ap-
praisement made of the property by
five prominent residents of that city,
the very highest valuation placed upon
the property was So, 800 and some of
the appraisers made it as low as $4, 500.
1 notified this company that I should
proceed to examine it. There was MOTH
ing private about it. The communica-
lions were all published at the time
but when the Travellers found that an
examination was going to take place
the same lawyer mentioned above
Brother Horton, as attorney for the said
insurance company, went into the fed
eral court and attempted to enjOin the
department, and did obtain a temporary
enjOining, or restraining, order, restrain
ing me from making an examination of
the company. Upon a hearing before
Judge Foster he held that 1 had a right
to have the examination made. and he
further held that the Insurance COM
pany would be required to pay the ex-
penses of the examination, and if there
was a disagreement as to what was a
fair and reasonable charge for such
examination the matter could be adjud-
icated in the courts. Judge Horton,
amongst other matters alleged in his
complaint in this suit that if 1 made an
examination of the company that it
would be superficial las you will notice
Is stated in reference to examinations
by Mr.. Capper in his charges); tina
there would be only a few days devote d
to the examination, and that the same
would be of no benefit to the department
or to the company. He said also that
it would require several weeks to make
an examination of this company with its
SIS. 900 of assets and SIS. OOO, 900 of
liabilities. A few months afterwards this
, same lawyer, working in connection
with other counsel, in the same court
in an injunction suit brought against
the superintendent of insurance by the
Connecticut Fire Insurance company
which is now pending, alleged, amongst
other things, that the assets of the
company amounted to SO. $50 900; that
desired my examiners to put in several
days making an examination of the
company when a thorough examination
could be made in one day. Dispositions
We're taken at the home office of this
company in this case showing that a
thorough examination could be made OF
this company with its three and a hall
millions of assets in one days time
All this convinces this department that
the judge is very rapid and frequently
| changes his evidence. but he always has