The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-06-01

tcruaiional Fidelity Insurance com
fsny. said Southern Surety company
and slid NcN England Casualty com
pany attached 10 said bond a. sfcre-
aid. did not inform said goFernor As
IA The financial condition Of said
American Fidelity Insurance com
pany as hcTcinbcforc set forth and
that said Southwestern Surety insur
snce company. said international Fl
deity Insurance company aud said
Southern Surety company we're not
authorized 20 do business In Vermont
as hereinbefore set forth but willfui-
~ and maliciously and with intent TO
deceive said governor as Aforesaid
Withheld and concealed said facts
f'oin said governor and said governor
then and there belieyeing that said
American Fidelity company VAS IN
sound financial condition and that all
OF said other companies were author
lied 10 do business la the state oi
Vermont and not knowing TO the con-
irary on the 7th day OF February.
1913. approved said bond and said In
struments attached thereto and on
said day delivered 10 said Dcavlit his
said commission as treasurer OF the
state OF Vermont executed by said
governor and sealed with the seal OF
the state as aforesaid.
The relator further AYERS that 40
oath OF Office has ever been taken
by said Deavitt other than said oath
OF Office taken on the attn day OF Oc-
tober. 1912. as hereinbefore set forth
alcertihcate Of which said oath APP
pears on said bond.
THE relator further AYERS that
said Southwestern Surety Insurance
company. said international Fidelity
Insurance company and said South
ern Surety company have no authoriz-
ed agents or attorneys or any officers
whatsoever in the state OF Vermont
upon whom process can be served
nor is there any manner OF means
known to the relaior whereby pro
cess could be served upon said com
panies in case IL were necessary To
bring action In the courts Of this
state to enforce said instruments
executed by said companies and that
II would be necessary to bring such
action in the states OF the domicile
OF said companies II such action be-
came necessary.
"The relator further AYERS that
said American Fidelity company is at
present i'm the serious financial condi-
ton hereinbefore set forth: that said
company has ceased to do employers.
liability and workmen's compensa-
ton insurance business. which said
business has hcrcintoforo constituted
the larger part of its business. and
has since been doing only small
fidelity and surety business with
disproportionatc overhead expense.
"Your petitioner further AYERS that
on account of the financial condition
of said American Fidelity company 1t
reduced It's capital stock from seven
hundred and fifty thousand $3.50,
OoO) dollars to three HUNDRED aud
cirhty-two thousand seven hundred
and nifty (s3S2.75 dollars by can
ceiling. and retiring three hundred
and sMtyscvcn thousand two hun
dred and fifty (SS67 25O) dollars Of
said capital stock which the holders
thereof surrendered to said company
without receiving any compensation
whatsoever therefor.
THE relator AYERS that said bond
and said instruments thereto attach
ed are at present an unsafe. INSULT
cient and Inadequate security to the
state of Vermont.
THE relator further avers that sub
sequent to the first of July, 1913. said
governor first become cognizant OF
the facts concerning the financial con
dition OF the American Fidelity com
pany hereinbelore set forth and that
said Southwestern Surety Insurance
company. said international Fidelity
Insurance company and said South
ern Surety company were not author
lied to do business in the state of
Vermont and thereupon notified said
Deavitt and Guy w Bailey, secretary
of state of the state of Vermont, that
said governor withdrew his approval
of said bond and said instruments at
tached thereto and further notified
said Deavit, to forthwith cancel and
abrogate said bond and said instru-
ments attached thereto and to pro
cure, present to the governor for APP
prevail and file with said secretary OF
state another bond in the penal sum
of one hundred thousand (s100,000)
dollars conditioned upon the faithful
execution by said Deavitt of the Of
flee of the treasurer of the state of
Vermont, with other and good and
sufficient sureties upon said other
bond, all of which said Deavitt ne
elected and refused to do and has
continued said neglect and refusal
ever since.
THE relator further AYERS that
there is no other adequate remedy
in the premises than that a writ of
mandamus issue from this honorable
court directed to said Deavitt as
treasurer of the state of Vermont and
commaI Ing said Deavitt to cancel
and abrogate said bond of the Ameri-
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