The Indianapolis journal., 1890-01-19
MUST OPERATE ON ONE LINE
An Insurance Company Said to Be Do
ing a Business the Law FOrbids.
Presenting Attorney Mitchell Brings Quo
Warranto Proceedings Against It-Copy-
right to Works Of Famous Poets

Tlgut 10 NOTkS Ol f6ulOus fO6tS.
A complaint in quo warranto was filed in
the Circuit Court yesterday on relation of
James L. Mitchell, prosecuting attorney of
Marion county judicial circuit, against the
Fidelity and Casualty Company of New
York, asking that the company be prohib-
tied from carrying on the business of in
surance in this State. The complaint is in
three paragraphs. The first sets forth the
acts of the Legislature of New York with
reference to what are known as casualty
insurance companies, and they provide that
companies engaged in insuring first, upon
the health; second, against injury or death
from accidents; third, guaranteeing the
fidelity of persons holding places of public
or private trusts; fourth, upon the lives of
horses and other live stock; fifth, upon
plate-glass against breakage; sixth. upon
steam boilers against explosion, etc.; sew
enth, against loss by burglary or theft.
shall not engage in moro thnn one of said
kinds of business. The Fidelity and
Casualty Company. which was organized
previous to the enactment of these laws by
the Legislature of New York, is engaged in
carrying on four or five of these several
kinds of insurance upon one capital, and is
dong that business in this State. The
complaint sets forth that under what
is known as the retaliatory or recip-
rocal section of the insurance law of
this State. which provides that where the
laws of any other State imposes obligations
or prohibitions upon insurance companies
OF this or other States greater than are re-
quired by the laws of Indiana, the same
obligations and prohibitions shall be I'M
posed upon all insurance companies Of such
State doing business in Indiana. As cas-
ualty companies from this and other states
are not allowed to do more than one kind
OF business In New York upon one capital,
the Fidelity and Casualty Insurance CON-
pany of New York, it is claimed. cannot be
allowed to do more than one kind of busi-
ness In this State.
The second paragraph asks that the COM
pany be prohibited from doing business In
Indiana, because il is not possessed of $780,
600 of capital invested in the stocks or
bonds of some or more of the States of the
Union, or of the United States, or bonds of
some one or more OF the counties, cities or
towns of this State. or in bonds or mort
cages of real estate worth double the amount
for which the same are mortgaged, which
the statutes require of all companies before
they can be allowed to do business Further
only possessed Of S2s.O5O in United
States bonds, as shown by its own
statement, and that all the rest
of the capital Of the company
invested in railroad stocks and bonds. with
small amount In the bonds of the city of
Richmond, Va, and New York city,.
The. third paragraph asks that the COM
pany be prevented from doing business in
Indiana. because it is carrying on a surety
holding places Of trust and profit. 1t is
charged that it has never filed with the
Auditor of State statement of the amount
of its capital, the manner of its invest
ment, or of the amount OF existing bonds
upon which the company Is surety, and what
portion thereof is secured by deposit of col
lateral security with the company. The
statute of Indiana which allows surety
companies from other States to do business
here requires that such company shall file
O statement showing the amount of exist
ing bonds upon which the company is Sc
curity. the amount of premium thereon, and
the amount of liabilities, with amount of
claims outstanding, adjusted and unad-
standing.
~ Tie Copyright to Famous Poems.
Houghton. Miffiin & Co., the we'll l-known
Boston publishers, entered suit in the fed
eral court yesterday. through A. l.. Mason,
their attorney. against j. Z. Sheriff., of
-Danville, and Will p. Hart, of Osgood. for
Infringement Of copyright. The alleged in
fringement consists in the publication by
Sheriff. Of a book entitled American
Poets." of which Hart is named as the au-
thor. This book contains numerous selec-
tions from John G. Whittier, James Rus
sell Lowell. Bayard Taylor. Oliver Wen
deli Holmes and William Cullen Bryant,
comprising many of the best-known poems
IN American literature. The iast-named
poet is not mentioned In the petition, prob
ably because the Boston publishers have
not the exclusive right to his publications
Among the poems alleged to be pirated are
Whittier's Barbara Frietchie," .'The
Courtin',nn by Lowell. Bayard Taylor's
"Song of the Camp" and many other
The book in question gives brief bio
graphical sketches of the several poets
from whose works it is compiled. to-
gether with the dates of publication of the
series which it was the intention of Sheriff.
&SHart to publish under the name of the
"Knickerb0cker Series" and to be de-
signed for use in schools. It was pub
hshed last July, and an endeavor was
made by the two defendants to get it copy
righted. twas the notice of its fling in
the Librarians Office at Washington that
probably first attracted HoughtOn, Miffiin
81 Co.'s attention. They ask the court for
decree compelling Sheriff. & Hart to ac-
count for and pay over all proceeds and
profits derived from the sale of the book
containing the copyrighted matter, and
also for permanent injunction restraining
them from continuing to publish and sell
the book The petition sets forth at
length the dates of copyright of the various
poems alleged to be pirated.
Everything Goes TO the Rubber Company.
The suit for injunction to prevent de-
fendants from checking on certain bank
deposits. brought by the American Rubber
Company against Irwin B. and Justin A..
Arnold. their agents in this city, was CON-
promised before Judge Taylor yesterday.
The conditions on which the difficulty was
settled were that the Arnolds are to de-
liver to the company their entire stock of
rubber goods, and assign to il all the notes
and accounts belonging to the firm. The
statement presented showing the moneys
due the company from the Arnolds was as
follows:
OotStoAsth4 HOtcs-- S0lZ.4S
Outstanding accounts .---.-.---- 1928. .63
indianapolis National Bank credit. 1,906. 1 2
Meridian National Bank credit 2.663. 20
Cash on hand nd---.------..-----.------. 1,O73.7O
s19.74o.s
All of these papers and cash. according to
the written agreement. are to be surren-
dered 70 the company, and Messrs. Arnold
n Ea rsaI Tarr.rI 81 . H.