xl   7'WENT Y-N TFI -1 NJ U IL REPORT OF THE

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business. The Superintendent already had the power to exclude such other State companies from this State unless they confined themselves to one of these kinds of business. The act having been passed, the scheme soon developed in the shape of applications to various Insurance Departments of other States, where the Fidelity and Casualty Company was doing business, to exclude that Company from doing more than one of its authorized kinds of business therein, under the pro-visions of the retaliatory laws of such other States, on the ground that companies from such States could not now be admitted to the State of New York to do more than one kind of business on account of this recent statute. People who admire fair play and open dealing will not be sorry to know that this ingenious and elaborate contrivance has thus far generally miscarried.

Superintendent Kemp, in deci Zing not to interfere with the Fidelity and Casualty Company's business in Ohio, on the ground urged, rendered the following opinion:

"The protest in brief is based upon section No. 282 Revised Statutes, which provides that ` when, by the laws of any other State or nation, any taxes, fines, penalties, license fees, deposits of money, or of securities or other obligations or prohibitions, are imposed on Insurance Companies of this State, doing business in such State or nation, or upon their agents therein, so long as such laws continue in force, the same obligations and prohibitions, of whatever kind, shall be imposed upon all Insurance Companies of such other State or nation doing business within this State, and upon their agents here.'

"And upon section 2 of an act passed April 26, 1887, by the Legislature of New York, which is as follows : 'No such company shall undertake to do in this State more than one of the several kinds of insurance mentioned in the first section of this act ; and no such company shalhmdertake in this State any other