Joseph McKenna

“ Nor may we judge of the action of the Supreme Court of the state upon the tax because of its size, nor yield to the contention of the company that it, the company, had not accepted the assessment plan of insurance, but was doing business on the premium plan, and therefore subject to the tax which it had included in the assessment. ”

“ It is further contended by the Hartford Company that the Supreme Court permitted the recovery of damages and attorney's fees under the provisions of a statute of the state, although there was no evidence in support thereof, except the delay in payment of the claim for insurance, notwithstanding, it is further said, the company 'had prevailed on every issue that had theretofore been presented,' and that by this action the company was deprived of its property without due process of law in violation of the Fourteenth Amendment of the Constitution of the United States. ”

“ From our statement of the issues it is manifest that the quotation from the opinion has other explanation than counsel's, and we need not dwell upon the presumption invoked or the extent of its application in a proper case. ”