Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-21
DAVIS FILES AN APPEAL
Denoument in Royal Benefit
Society Charges
PRESENTED IN PERSON
COMMISSIONERS MACFARLAND RE-
CEIvED ATTORNEY TODAY.
Personal Charges Against Mr.. Drake
Not to Be Pressed-Brief to GO
to Corporation Counsel.
PRESENTED IN PERSON

to Corporation Counsel.
A quiet and 6ignified dencuement. in COM
parison with the proceedings of somewhat
bitter and sensational nature taking place
within the past few weeks. occurred today
in the case of the charges filed against
Superintendent Thomas E. Drake of the
District insurance department by the
Royal Benefit Society. The developments
in connection with the case today were the
filing with the Commissioners of an appeal
from the decision of the insurance depart
ment on behalf of the society by Attorney
Henry E. Davis, and the statement of Com
missioner Mcfarland that he understands
the former charges of the society are to be
withdrawn.
The appeal of Attorney Davis, which was
presented in person to Commissioner Mac
farland this morning, covers all the points
in controversy between the Royal Benefit
Society and the District insurance depart
ment. Mr.. Davis specifically states that
this brief has no reference whatever to the
charges filed against Mr. Drake by officers
of the society. He makes no charges
against Mr.. Drake, but in rather Vigorous
terms criticises the superintendent OF in
Surance. and also the corporation counsel,
for their official actions i'll reference to the
society.
The charges filed with the Commissioners
by officers of the socie'y during the past
few weeks have been considered as of
personal and bitter chara cter, and no
ton has been take on them by the board of
Commissioners Mr.. Drake has replied to
the personal attack, and has also submit
ted defense of his position with reference
to the society, and the society, in turn has
replied to Mr.. brakes statements.
Commissioner Mcfarland stated after
ceiving the appeal that he understands
from the tjOp 10 had wi
ney Davis this morning, when the latter
handed him the appeal in person. that the
charges formerly filed against superinten..
dent Drake by officers of the society will
not be pressed any further.
Could Not Be Confirmed.
MIR. D. T. Pennington, president of the
society, who signed the charges previously
submitted, was not in the city today and
his verification of the statement that the
society intends to withdraw the charges
could not be obtained. Superintendent
Drake is also out of the city, and it is not
known what action, if any, he may contem-
plate taking with reference to the personal
matters alluded to in the charges in the
event of their withdrawal
The brief submitted by Attorney Davis
this morning Will be referred to CORPORA
ton Counsel Duvall upon his return to the
city. and the Commissioners will later take
up the matter for decision. 1t is not I'M
a.
tive to the case when the society and the
superintendent of insurance may. be heard
on the points in controversy
Mr. Davis Communication.
In the Introduction to his communication
to the Commissioners Attorney Davis
says:
The superintendent of insurance, Jan
uary 8 last, notified the Royal Benefit
Society of this district that 1t could no
longer carry on it's business here and this
notlhcation was followed by the filing with
you or various charges against the super
lntendent, some of them of a more or less
personal nature, which have been replied
to by the superintendent, to whose reply
In turn, rejoinder has been filed. / have
been for some years the general counsel
OF the society, and am now asked by it to
communicate with you respecting it's pres
ent situation in respect of its right to
carry on it's business.
Il have consented to do this on the dis
tinct understanding that l am to be in no
way considered treating or dealing with
those charges, with the preparation of
which l had nothing to do, which were
society without my knowledge or concur
renee, and respecting the justice or injus-
tice, wisdom or unwisdom Of preferring
which l express no opinion.
LAS, however in my opinion, those
charges, or any consideration that may
be asked of them now or hereafter, in no.
wise affects the matter about which am
asked to address you, and as the superin-
tendents dealing with the society and his
attitude in relation thereto vitality affect
every similar association in the District;
and as moreover, the action of the super
intendent was the result Of correspondence
and communication between the superin-
tendent and myself on the subject, and an
opinion of the corporation counsel in con-
nection Herewith, deem it my duty to
submit this communication"
Quotes the Act.
Mr.. Davis then proceeds to quote the pro-
visions of the act of March 3, 1897 reg,-
lating fraternal beneficial associations in
the District, under which, he states. the
Royal Benefit Society was incorporated and
began business. Mr.. Davis declares that it
is inconceivable that any mind can misun-
derstands the two plain declarations of law
contained in sub-chapter and sub-chapter
u of the District laws, or that any one
reading the two together can entertain any
other opinion than that fraterna1 beneficial
associations in the District are governed
by the provisions Of sub-chapter II, and by
them exclusively. This sub-chapter pro-
vides, Mr.. Davis says. as to fraternal bene-
fetal associa lions, that 'such association
shall be governed by this sub-chapter, and
shall be exempt from the provisions of in
surance laws of the United States relating
to the District Of Columbia, and no law
hereafter passed shall apply to them unless
Mr.. Davis declares that the superintend-
ent of insurance misunderstood the laws re-
lating to his duties, and sent to every fra
ternal benefit association requests that they
apply for permits to do business! The Royal
Benefit Society. he says, also imperfectly
understanding the laws, responded to the
superintendent request by applying for
permit The attorney proceeds to relate
the circumstances of the controversy which
arose from the application for a permit be-
tween the society and the superintendent
of insurance.
Opinion of Corporation Counsel.
Attorney Davis refers to the opinion of
the corporation counsel in the matter, in
which he says:
IT am inclined to adopt the construction
of the law respecting fraternal beneficial
associations as claimed by the superinten-
dent of insurance in his brief If that Off
Ger has not the supervision of 'fraternal
beneficial associations as claimed by him,