El Paso herald. (El Paso, Tex.) 1901-1931, 1910-08-02

ed of, and the rate at which it is per-
posted with the commissioner of in
surance and banking, and upon the
final determination of the suit shall be
paid by him to the insurance company
If the court shall find il entitled to
the same, or to the holders of policies
written by said company after the rates
SO complained of is ordered. as the court
may deem just and equitable.
Right OF Appeal.
Either party t0 any such action, If
dissatisfied with the judgment or de-
cree of said court, may appeal there
from as in other civil cases. No action
shall be brought in any court Of the
United States to set aside any order
made by said board under the provision
of this act until ali the remedies pro-
vfded for herein shall have been ex-
hausted by the party complaining.
If any fire, marine, or fire and ma
rine insurance company authorized to
transact business in this state shall
violate any of the provisions of this
section, the commissioner OF insurance
and banking shall, by and with the
consent of the attorney general, conceI
its certificate of authority to transact
business in this state.
Must Give Evidence.
Sec =. That no person shall be ex-
cused from giving testimony or produc-
ing evidence when legally called upon
TO do SO at the trial of any other per-
son charged with violating any of the
provisions of this act on the ground
that ii may incriminate him under the
laws of this state, but no person shall
be prosecuted or subjected to any pen
atty or forfeiture for or on account of
any transaction, matter or thing con-
corning which he may so testify or pro-
duce evidence under the authority of
this act, except for perjury in so testt-
flying.
Taxes OF Companies.
Sec. =. That not later than -
after this act shall take effect and an
nually thereafter, shall be the duty of
the commissioner of insurance and
banking, for the purpose Of reimbuTs-
ing the state for the amount SO ex-
pended during the current year in car
rying out the provisions of this act, to
collect from each fire, marine, and fire
and marine insurance company, which
transacted business in this state during
the preceding calendar year or any por-
ton thereof the proportion of said sum
of twenty thousand dollars which the
gross premium collected by such COM
pany during such year from persons or
upon property in this state by all said
insurance companies transacting bust
ness in this state. Provided, that in
computing such gross premium receipts
there shall be deducted therefrom the
amount paid out for reinsurance and
for the return premiums on cancelled
risks. II at the end of any year after
this act shall take effect, it shan be
found that the aggregate amount ex-
pended in carrying out the provisions
of this act during such year has been
less than twenty-five thousand dollars,
the amount remaining unexpended shall
be applied in the reduction of the
amount to be collected from said COM
panies for the succeeding year.
The amount due under the provision
of this section by each company shall
be certified by the commissioner or in
surance and banking and he shall re-
woke the certificate of authority OF any
company which shall fail to pay the
same within thirty days after the re-
ceipt Of such certificate. Provided, that
the collections from said insurance
companies provided for in this section
shall not be made for any year during
which any such company shall be liza
Bile under the laws of this state to the
payment of an occupation tax at rata
of not less than 21z per cent OF the
gross premium received, less deductions
for reinsurance and return premiums
on cancelled risks.
Mutual Companies Excluded.
Sec. -. That this act shall not apply
to mutual fire insurance companies in
corporated under the laws of this state
nor to purely cooperative, inter-insur-
ance and reciprocal exchanges carried
on by the members thereof solely for
the protection of their own property
and not for profit.
Provided. that no person or persons,
or firm shall be permitted TO solicit.
write or transact a-fire insurance busi-
ness in any city, town, or county. except
those places that are situated in the
county in which it maintains its home
office, and in which the said person or
persons or firm is organized, except
where said person or persons or firm
shall file with the department of in
surance bond with two or more good
r. ~