The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-04-26
AWAITING THE FACTS
Attorney General Discusses
Senator Brackets Petition.
SUIT AGAINST EQUITABLE N ORDER
~, Mayer sees ~ nsasaa whg Ae-
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nsnaIl 20 Iaas.llaallaa.

hfaahht - hassl hat DESIRES
nsraFi 80 Investigation,
Ai.nANN. \. 4. April "a Attorney
General Julius \. Mayer srni q letter
O. senator Eisar a nrarkrli referring
a. lhr pfiiiion nini rnUruily hy lhe lat
tsr lu hrhaif ~ MARI y Young 81 saF.
aiosa askius ihe aiiamry generals
consent under ,efinn "a of ihe lnsur
ance hw o. che bringing ~ an action
aFainsi certain dirrrinrs ~ fhe Elni.
table i.ifr Assurance feiriy of Amer.
ica TO nsoufrf funds wasted hy them.
o. Remove such dirrriurs a. rdiudEr
Them disqualified 10 bold office in aus
Insurance company and Zoe grnrrai 10.
let"
The attorney Einfni pninis out o.
Senator nfafkrii that hls riiruf as a
sini khn'irr in thr Equitable sprleiy
,au without ihr consent or pariirIpa
bon nf Goo attorney Ffnrrai hfius an
fri|un in equity as stakeholder %
rouiiaai ihe officials of ihr company 90
aruuni fuF ans funds unlaWfnily 90.
Arfini hY ilrm d. as ihr sruaiur
claims. ihe corporation j. powrFle,s 10
bring snrh nn action hy reaspu ~ iAr
control uf ihr direiur. whom be- ac.
rusr Tho attorney Frnrul paints ouf
further ihr powers nf ihe suf'cr.nirnd
sui nf Insurance ind iiini ihr law prn.
fldrs ihat fhe sworn ntInu uf rkami-
nation hy ihe superintendent b. pro
sumri'fr iIdsurr Iu court of fhr facts
found ly h.m
Tie attorney general declares that b.
himself must be- prepared % prove tho
faris In court before De- ran snsfaln the
Kind of action which Senator nmrkcit
nsks h.m Go bring lie do.. not decline
o. bring ihr nrilon nor io nri on Srnn.
Cor nn keiis petition. hui states that
d. will nnnlif determine iho course o.
D. pursued when 900 the faris arr prop.
erif befurp him.
I'm an action brought hy your client
che Judgment of q court thar ans al
rector was guilty " misconduct. whcth.
er in violation of seciiun ~ of the .n.
suranoo Law or u ans duty. would ncc.
essarlly be- followed by nu action
brought by the attorney general a. ~.
move the delinquent officials from of.
Gee and 20 declare them forever dis.
qualified from thereafter holding ans
such onlcc Ice any Insurance corpora.
ton
As you know. IL j. provided Ia sec.
ton isOS Of the cole ~ civil procedure
that where the attorney general has
good reason 90 believe that an action
can b. maintained in behalf OF the PEG
pie of the state IN such n ease he must
bring the action accordingly or apply
10 competent court Tor leave 20 bring
On action. 49, the case requires
"All the facts are now being ascer-
tained by the superintendent ~ insur.
ance. the officer charged by law with
that duty. The power Of the supcrln-
L'ndent ~ Insurance In such respect Is
fun and comprehensive lie can ex-
anime or cause 10 be- examined under
oath every officer and agent Of an In
surance corporation as well as the
books or papers relating 10 Us busi-
ness affairs The examiners appointed
by the superintendent Of insurance are
required by law 10 make n full and
true report or their examination. veri-
fed by their oath Such report Is OF
unusual importance because the law
makes IL presumptive evidence In any
action or proceeding la the name OF the
people against the corporation. It's Of
tcers or agents OF the facts stated
therein
Il think have called your attention
10 the situation so that you
will realize that cannot dispose OF
your petition at this time.
THE responsibility for beginning an
action In the name Of the people Of
the state is upon me. and II you are
to wait until finally deter
mine the course to be pursued. when all
the facts are before me. then know Of
no reason TO prevent you. in the name
Of your client, from bringing proceed
ings for almost every purpose which |
you seek TO accomplish by your petit