The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-11
FOR The BANKERS
Supt. Barnes Must Issue Certif-
icate for Fidelity Co.
Supreme Court Holds National
Bankers Complied With Law.
CLIP BARNES WINGS
Courts Ruling in Peculiar
Breach of Promise Case.
Four Shawnee Cases Affirmed
HansfOrd to Prison.
CLIP BARNES WINGS

The supreme court today allowed the
peremptory writ compelling Charles
Barnes, Superintendent of Insurance. to
issue a certificate of authority to the
Bankers Deposit Guaranty and Surety
company, to do business in this state.
This company had applied to the state
charter board and received from that
body a charter, but when the matter
was checked up to the superintendent
of insurance for final authority that Of
fetal had after consultation with the
attorney general, refused to issue a
certificate on the ground that the char
ter allowed a payment of over three per
cent on deposits and therefore conflict
ed with safe banking methods as out
lined by the state legislature last win
ter when a three per cent restriction
was placed on the interest payment Of
deposits in the guaranty bill.
superintendent Barnes and Attorney
General Jackson, in their agreement to
refuse the certificate to the national
bankers to guarantee deposits through
a private fidelity Or insurance com
pany had therefore based their refusal
on the grounds that the proposed COM
pany had placed no restriction on the
rate of interest to be paid upon de-
posits and that as a result much harm
might result to the persons participant
ing therein either as insured or insurer.
The national bankers applied to the
supreme court for writ to compel the
superintendent of insurance to issue
the certificate. and the court issued the
writ on the grounds that the bankers
company had complied with all the
provisions of the law in their applica-
tion to dc business in the state and
that therefore the superintendent of
insurance had no authority to go be-
yond the statute in the imposition of
limitations or requirements for such
company. In its decision the court in
passing upon the per cent interest
On deposits restriction advanced by the
superintendent as an argument, held
that whether the regulation proposed
by the superintendent of insurance be
or be not desirable as safeguard to
the people of the state, we cannot, con-
sidering the provisions of TIE statutes
reasOna oily INFER that the legislature
intended to leave anything to his dis
erection or not"
In conclusion the court summed up
this important case as follows: 1--WE
find that the superintendent of insur-
ance in this case is not vested with
any authority to impose any require
ment beyond those prescribed by the
statute as a condition precedent to
the issuance of the certificate of auth
ority to the plaintiff to do business
in This state"
The state of Kansas and the st.
Louis & San Francisco railroad each
won a point in the custer suit brought
by the attorney general to compel the
company to pay one hundred thou
sand dollars in charter fees. The su-
preme court holds that the company
complied with an early statute and
that it cannot be required to comply
with one passed subsequently. The
court also holds that the state can
compel the payment of additional fees
when the company increases it's cap
ital stock.
The company had a capital of fifty
million dollars. It is a Missouri cor
poration and when it bought a
southern Kansas line the company
filed a copy of its certificates with
the Kansas authorities. Later the
hundred million dollars but none of
the stock was ever issued. The attor-
ney general was trying TO collect a
fee on the entire amount. The court
held that state could not collect for
the first capitalization but whenever
the company does file its certificate
of increased capital it will be liable
to the big fees.
When a woman will not consent to
the hearing and rearing of children
1T is sufficient grounds for the man
to refuse to make an engagement and
the woman cannot recover for breach
of promise. This is the decision of
the Kansas supreme court in the suit
of Mary V. Reynolds against ] Will
son Curry, appealed from Jefferson
county
According to the court records
Curry paid court to Mary Reynolds.
He admitted in the lower court that
he called often and stayed late at the
home of the woman and that he really
cared for her as companion He