The advocate., 1897-08-18
KANSAS VS., A JUDGE,
Opposite Opinions of the Williams Iniunc-
tiOn from Several Eminent Men,

In the matter Of the order issued by
Judge Williams, United States Dis
trict Judge, restraining State officers
Of Kansas from in any manner inter-
fering with the business of the New
York Mutual Life Insurance Company
very general interest is manifested,
and, of course, different views are ex-
pressed. The Advocate gives herewith
extracts from opinions of several emf
nent men.
Judge Henry, ex-Associate Justice
Supreme court of Missouri and present
Judge of the Jackson County, Mo-, Dis
trict court, says: "The order Is an in
vasiOn of the right of the State Of Kan
sas to regulate her domestic affairs
The law under which McNall is pro-
ceeding is not in conflict with the
Federal constitution, and II Federal
Judges can interfere to prevent the
State officials from enforcing State
law, which in no manner conflicts with
the constitution of the United States
the State government is at the mercy
Of the Federal judiciary. AS we'll might
Federal Judge interfere to prevent
the State authorities from TevOking d
dramshop license, or suppressine
bawdy or gambling houses Judge Will
liams's action will not be. tolerated by
State which wishes to preserve its
right and dignity as a sovereign State
sovereign except as restricted in Its
sovereignty by the Federal cOnstitu-
tion. The courts of Kansas alone must
determine the issue between the State
Of Kansas and the insurance company,
1t Is one in which the Federal court
has no jurisdiction. The identical
question was ably discussed and dis
posed of by the Supreme court of the
United States in Doyle vs.. Insurance
Company, 4th Otto. If the Federal ju-
dietary has the jurisdiction claimed,
it would be as WELL at once, to have
consolidated national government with
out State lines and with no other than
Federal officials. Every State in the
Union would be ieOpardized, if the Fed
eral courts can interfere with State
governments in this manner"
In letter to the Denver Republican
in reply to an editorial criticlslng Judge
Foster, Of the United States district Of
Kansas, for granting the first injunc-
ti0n against Webb McNall Insurance
Commissioner of Kansas, restraining
him from revOking an insurance COM
pany's license, Albert H. Horton, ex-
Chief Justice OF Kansas, attorney for
the insurance companies, says:
Il call your attention to the prOvi-
sions Of statute of Kansas, which
Judge Foster held as limitation upon
the power Of the Superintendent. 1t is
substantially as follows: "The Superin-
tendent Of Insurance shall have no
power or authority to refuse an insur-
ance company a certificate of authority
TO do business in the State, If such
company is solvent and has fully COM
piled with the laws of the State, and
provided, further, that such Superin-
tendent OF Insurance shall have no au-
thOrity to revoke or suspend the GER
tificate Of authority of any association
or corporation transacting insurance
business, If such association or cOrpo-
ration is solvent and complies with all
the laws Of the State
Judge Foster ruled that the Super
intendent of Insurance must obey all
the laws of his State and that he could