The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-08-10
REVOLT OF POPULISTS
KANSAS STATE OFFICERS REBEL,
AGAINST THE FEDERAL COURT.
Judge WilIiaEs's Injunction Ignored
in the Fight Against the Mutual
Life Insurance Company.

TOPEKA, Kan, Aug. 9.-The long-threat-
ened clash between the United States Courts
and the authorities of the State of Kansas
came to-day when Attorney General Boyle
acting on the advice and with the concur
renee of the State administration took ac-
uon IN the State courts in open defiance
or the federal authorities This action to-
day is the outcome of an injunction issued
on July % last, by United States District
Judge John A. Williams, of Arkansas. at
Colorado Springs, Col, by which he posi-
lively enjoined State Insurance Commits
s1oner Webb McNall and Attorney General
Boyle,of Kansas from bringing any proceed
ings whatever under the State laws to pre-
vent the Mutual Life Insurance Company
from doing business in Kansas. The injunc-
ton OF Judge Williams was sweeping in its
effect and amounted according to Govern
or Leedy, Attorney General Boyle and Com
missioner McNall to a practical annument
of criminal law of Kansas under which
the insurance company involved had been
barred from transdcLing business in Kansas.
NOT only this, out the Kansas autnori-
ties maintained that the Injunction OF Judge
lllamS was IN VOCATION Oh the Constltu-
ton OF the United States in that it prevent
ed the State from enacJng and carrying
out It's own laws, ana also III cOntraVentlOn
OF decisions of the United States supreme
Court. AcJlng upon this Denet Attorney
General Boyle to-day Went before the State
supreme Court, bringing proceedings III quo
WarrantO against the Mutual Life insurance
Company to compel that corporation to APP
pear before the state supreme Court and
show by what authority II IS tranSdctlnS
business in the State OF Kansas.
Attorney General Boyle having done pre-
cisely what the injunction OF Judge J" lii
Jams forbade HIM going, the presumption Is
that the federal judge will cause MS arrest
and Imprisonment Tor contempt. In this
event application for Il writ OF habeas cor
puS Will be made at once 10 the United
States Supreme Court, and in Such pro-
ceeding the attorney general would nave
the support OF the entire State administra-
ton. Governor Leedy mas declared That the
issue has been made ana that the matter
must be fought to Il termination.
The application filed by the attorney gen
eral to-day simply states that the Mutual
Life Insurance company, corporation or
the State of New Ork. not licensed to
transact business in the State OF Kansas,
is dong business in the State in violation
of the laws OF Kansas, and demands tnat
the corporation be compelled to show by
what authority it is so doing, in violation
of the statutes of the State. No mention
is made IN the application OF the injunction
of the federal judge.
Attorney General Boyle, in the course of
an interview, said: If a federal judge of
Arkansas, while taking his bath al sum
mer resort in Colorado, can suspend for
limited time the operation Of any portion
of the laws of the State of Kansas, then
a federal judge, no matter where he may
be, can stop the whole machinery of state
government, appoint a receiver and act as
general dictator OF state affairs. If this or
der with its sweeping intent, can stand it
is simply revolutionary. l have no desire
to precipitate a clash between the federal
and local courts but it is of great vital i'm
portance that the people should know def
nitely whether a State has any rights that
a federal judge must respect. If We have
no such rights then state government is a
useless expense"
Attorney General Boyle complains par
ticularlV of the fact that Judge Williams
injunction granted without notice to
the State authorizes