
    No. 489
    No. 19828
    No. 19829
    State ex rel. National Mutual Ins. Co. v. Conn, Supt. State ex rel. Celina Mutual Casualty Co. v. Conn, Supt.
    533. FIRE INSURANCE — 1. Mandamus to compel renewal of license by State Insurance Commission on the ground that company applying is paying excessive salaries denied in absence of proof that they were reasonable.
    2. Court may in determining the right of applicant to a renewal license, compare salaries paid by it, with other mutual companies of approximately same gross premium.
   MARSHALL, C. J.

1. The salaries of the executive _ officers of mutual insurance companies organized under Ohio laws are not the subject-matter of direct judicial inquiry, but where the superintendent of insurance has refused to renew the license of such company on the ground that excessive and exorbitant salaries have been paid and restoration has not been compelled and an action in mandamus is instituted in this court praying the extraordinary writ of mandamus to compel the issuance of a renewal license, the writ will be denied in the absence of proof that such salaries were reasonable.

2. In determining whether the superintendent has denied a clear legal right to a mutual insurance company in refusing to renew a license on such grounds, this court may properly make comparisons of the salaries paid with the salaries paid by other mutual insurance companies having approximately the same gross premium income.

Writ denied.

Day, Allen and Kinkade, JJ., concur. Robinson, Jones and Matthias, JJ., dissent.  