The Oklahoma City times. [volume] (Oklahoma City, Okla.) 1908-1984, 1915-07-29
GOVERNORS PET
BOARD MENACED
Continued from Page one,

any official power until hearing Is
had on the petition Of the plaintiff
which hearing Is set for August 3,
before Judge n. ID. Oldfield. This or
der means that until such hearing
two members Of the state insurance
board W. r Samuel and &. C. Ham
monds are lmpotent and insurance
matters " the state will be under the
Jurisdiction Of state Insurance Com
missioner Welsh, regularly elected
official
In Behalf Of All Companies
The action Is started by the lnsur
Hnce Company Of North America, lis
agents, Henry Ludlow OF oklahoma
city and Aaron McDanlels Of Norman,
"on behalf NJ themselves and ALI other
insurance companies similarly stu
ated aud doing business In Oklahoma. "
The law attacked, II r. No 10, is
"an net creating state Insurance
board. providing for regulation and
control Of rates " premiums on insur
ance, to prevent discrimination there
In. and reyOking Insurance agents IL
cense, and repeating all laws or parts
Of laws In conflict herewith and de
claring an emergency
The petition relates to the COVER.
nors appointment OF w. K Samuel az
secretary N the state insurance board
and that this board thereafter as
gumed to organize as provided by the
law and promulgated certain rules
and regulations for the governing OF
said board and the insurance com
panles, such rules being attached II
the petition ~ Exhibit A.
That ON June 10 said board pretend
ed to amend Rule O. The plaintiff
sets up that Section /. H. b. No 10
il void and violation OF the state
constitution In that It provides FOL
such state board aud giving II sucl
authority. That the law is IN viola
ton ~ sections -, 2S and "A, article
/ q. " the state constitution, providing
/ for an election " an insurance com
missioner, his duties, term Of tenure
qualifications etc. that such commits
|, sloner ~ chief officer of the insuranc,
department has general supervision o
said department and "Hs Sec. /, II
/ B. No. 70. II an attempt on the par
NJ the legislature 10 diyest the insur
unce commissioner " his power ant
to divide his authority and Jurisdiction
with the two other members ant
whereas the insurance commissions
Is, under the constitution, charged
with the exception of the laws II
force aud may be passed IN relation L
Insurance companies aud as the sale
4. L. Welsh is charged with admins
tering the Insurance laws NJ the stat
without let or hlndrance from am
other board of public officer and II
required To execute bond In the sun
" S5OOoO for the faithful discharg,
" the duties OF his office and resery
utlon ~ funds which may come int,
the hands Of ms department 70 tina
the said section l is void aud IN con
flict with the constitution.
Has No Revocation Power
II II cited that the new law at
tempts 10 confer on the lnsurnnc,
board legislative power In fixing rate
which may be charged insurance com
panies doing business within the state
which Is pointed out rs violation o
the state constitution; that It violate
the constitution In glvlng the boar,
the right to revoke insurance licenses
that the plaintiff cumuanv Insur,,,..
! Company VI North America is entitled