Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-21
TELL COMMISSIONERS
SPECIFICATIONS AGAINST SUPER
INTENDFNT OF INSURANCE.
Details of Paper Filed by D. F. Pen.
nington This Morning-Reply
Also Given Out.

Drake, superintendent of insurance,
are the subject OF paper filed with
the District Commissioners TO-DAY
by the Royal Benefit Society.
The specifications, which it is sa d
will be backed up with evidence,
closed by asking that the Commits
sioners take no precipitate action.
Personal animosity and spite and
violation of the law are among the
more serious allegations.
The Royal Benefit Society of the District
today notified the Commissioners. in q let.
ter received by them, that the society nro-
poses to formulate charges against Thomas
T. Drake superintendent of the District in
surahce department, for alleged official
conduct which the society considers is in
erect persecution of the organization
me letter received by the Commissioners is
signed by the Royal Benefit Society by D.
remington, president. The society
makes the following specific charges:
mat Thomas E. Drake insurance COM
missioner. is circulating reports that he has
refused us license. for which We have
never applied and would not accent If he Of
iered 1t TO us; is writing letters to various
insurance departments endeavorine to get
thein TO Interfere with our business or re-
iuSe us a license, in order to DESTROY orr
business, and is otherwise conducting him
sell wholly without warrant of law and in
entire disregard of the law. He is also
IN I'M reatenlhs es US with proceedings for which
ne has no warrant of law and is endeav-
ofing by all means he can to gratify his
personal animosity by spitefuIIy using ms
contrary to all principles of equity and ius-
n lD nTt . h.
circulating reports that the board of Com
missioners has sustained him in these ac-
tions, although upon inquiry we cannot find
any record of the same
The society requests the Commissioners
TO take no precipitate action affecting the
society at the request of Superintendent
Drake until the society has an opportunity
of completing a private examination and
inquiry, which, tie letter states is almost
completed and upon which the society pro-
poses TO ask that Mr.. Drake be removed
from office In concluding the letter of
the society states: We have no personal
feeling in this matter, but we say empbat-
icaliy, that Thomas E. Drake. by his Of
hcial and unofficial actions has shown a
determination to ruin US without cause and
Wholly without warrant of law and we are
therefore moved in our defense to appeal to
your board for hearing in due time
Letter to Mr.. Drake.
In addition to this letter the officers of
the society have forwarded a letter to the
Commissioners. which, it is stated will be
sent TO Mr.. Drake personally when the
annual report of the society is submitted
In the letter to Mr.. Drake the officers of
the society say:
You will note that we have stated in this
report that the reason we are compelled to
furnish 1t in this manner is because Won
in utter neglect of your duties as reouired
by the code. have refused to furnish ms
pianks. You have assumed to refuse us
planks on which to make our annual re-
port because you claim that we are out
iawed and without any rights to do busi-
ness, because of your refusal to furnish us
a license for which we never applied and
Whlch we would not accept from you unless
ioFced 10 90 so by court of highest re-
sort we entirely repudiate your right to
request us to apply for a license We as
sert that you Illegally requested this So
clety In December, 1902, to apply for a
license and that because the society, under
previous management, made a clerical
error in filng up the blank as a matter of
form In no way made legal your illegal act.
furthermore We accuse you of having
spltefulIy and with manifest intention Of
inJuring our business written your letter
OF January o. 1906 refusing us a license
TOT which we have not applied and would
not accept from you and that you have
done this for the express purpose of cir
cuIaung damaging reports in the news
papers as basis for communication to
other departments, seeking to have them
refuse us a license. thus DESTROYING our
position In said communities as well as de-
stroying the society and its business
Mr.. brakes Reply.
In reply to the charges and the letter of
the society Superintendent Drake this aft
ernoon made a written statement to the
Commissioners relative to the matters al
legged Mr.. Drake says in part:
The letter of the society, In the first
place charges me with acting 'spitefully,'
etc, and that 1t finds no record of my ac-
ton being sustained by the Commissioners
III IL Is the intention of the society to con-
Ney the idea that my action I'm refusing a
license was not sustained by the Commits
sioners 1t Is only necessary TO say that the
society was carefully and scientifically ex-
amined In 1902 when 1t was found Ia he
operating in violation of the law. The case
was finally referred to Corporation Counsel
A. Il. Duvall for opinion, and Mr. Henry
G.. Davis. attorney for the society was
granted hearings before Mr.. Duyall and he
and the department submitted briefs to Mr.
Duvall, who finally. in a written opinion,
sustained the position of the department
and said opinion has been approved by the
board of Commissioners.
I'm regard to my action in notifying the
insurance commissioners of certain states of
my refusal of license TO this society. l have
also to state that am advised by Assistant
Corporation Counsel Stephens that | not
only acted within my duties in so advising
them. but that ii was my positive duty to
do so.
Replying 10 that feature of the society's
letter denying that they ever applied for a
license to do business In the District of
Coiumbia, / refer to you yerba tim copies
OF two such applications. Also copies of
their letter asking for blanks-after refusal
or license which occurred on the 5th of
January-on which to report for the calen
dar year ending December 81, 1904, which
requests were refused, in accordance with
a copy of the departments letter, which is
herewith forwarded"
AS the insurance department Is under the
supervision of Commissioner Macfarland
VINO is now out of town. the Commissioners
VIII take no action in this matter until af-
day. ''
~ is stated that Superintendent Drake
refused the society in question a license he
cause II was organized as a fraternaI bepe-
industrial assessment society.