Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1909-02-17
ANXIOUS
TO KNOW THE LAW
CALLS ON ATTORNEY GENERAL
GILBERT FOR OPINION IN
MATTER OF FEES.
NUMEROUS COMPANIES SEEK
ENTRANCE TO STATE MUST
FIRST BE EXAMINED.
Madison. Feb. II

Madison, Feb. II.
Insurance Commissioner George E,
Beedle proposes to know exactly what
the status of his office is in the mat.
ter of fees prescribed by law for ex-
animation of insurance companies.
To this end he has addressed a com.
munication TO Attorney General Frank
L. Gilbert a king him to advise the
department upon the points involved,
The Letter.
Dear Sir:-Your opinion of Janu,
AIRY goth, 1909. to the governor. upon
the Interpretation of sections 1867
and 1868 of the statutes, you say that
amy surplus over and above such
actual expense of a salaried employee
should be turned into the state treas
ury."
I Tnat part of section 1865 referring
! to the expenses to be paid by insur-
ance companies reads: 1T shall Be
the duty of the corporation
to pay all reasonable expense of
such examination upon the
certificate and requisition therefore
| Of said commissioner; which eX-
| pensesl however, shall not exceed
| five dollars per day during the time
of the examination and five cents per
/ p1ila for +rovaIinor NV the D,ocf dfrapf
route in going to and from the place
where such examination took place
Please advise this department
what amount it is required to collect
| from the company on an examination
as "all reasonable expense of such ex-
animation" and whether in any case
in an examination made by any en-
ploye of the department or other per.
son, the department is directed or
authorized to collect more than the
actual expense of such employee or
other person.
1t has been the practice of the de
partment, in case Of companies apply
ing for examination, to require the
deposit of an amount sufficient to
cover the expenses of examination re-
quired by law.
Please advise this department
whether, in any case, the portion of
the money so deposited not used for
the actual expenses, can be refunded
by the department to the company
examined, or whether such moneys
must be paid into the state treasury.
In an exhaustive opinion rendered
by Hon. L. NJ. Sturdeyant then at
torney general of the state, given
TO the commissioner of insurance on
September 81, 1908, on the question
of whether or not an employe of the
department of insurance had a right
to collect compensation for examin-
ing an insurance company, the depart
ment was advised: "The fact that the
statute specifically provides for the
expense and compensation, impels me
to believe that it was not the in ell
ton of the legislature to prod 10
merely for the paying of the actual
expenses of the examination, other
wise the words and compensation
are meaningless" and that the stat
ute provides for the payment of ex-
pen es and a reasonable compensa-
ton to the parties making such ex-
animation, by the insurance company
examined"
In your opinion to the governor Of
January 20, 1909, you say: THE
charge thai fees for examination
made by the regular salaried force
in the insurance department have not
been turned into the state treasury,
| presents a very important question Of
/ law and The question fairly pre-.
/ scented is, whether such fees belong
/ 10 the state or to the salaried OF
/ ficia's making or experimenting such
/ examination. and recommend the
enactment of such Legislation" as will
/ definitely set at rest this question
as to the disposition to be made o.
all moneys collected from insurance
companies."
Please advise the department
/ whether it is required or authorized
/ to collect compensation Ia case OF eX-
animation Of a company by the com.
missioner or an employe. Il so what
amount mu I be collected, and -
whom does ii belong
The department has number OF
reque rs for examination for com
panies desiring admission, and re-
! epectFlIly rauuests thai this fnforma.
/ ton be promptly given.
Also please advise this department
/ whether the opinion of the attorney
I general is binding upon the commits
sioner of insurance and the employees
of his department and. Il not. how IA
they are justified in acting upon such
opinion.
Your truly.
=