The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-08-10
TEMPEST IN A TEAPOT.
Kansas Is Just Going to "Pul-
Yerize" Judge Williams.
We Are just Going to See
About This, Sirrah!
As to Whether Our Rights Are Being
Imposed on and the Public Will Be
Overwhelmed With ColumnsAbout
the Fight Between David e. c.
Boyle) and Goliah (Judge
Wilnanns.)

The much advertised clash between
the United States courts and the au-
thorities of the state has come. Attor-
ney General Boyle, acting upon the adj
vice and with the concurrence of the
state administration took action in the
state courts in open defiance" of the
federal authorities.
The action is the outcome of an in
junction issued on July 20 last, by Uni
ted States District Judge John A. Will
Jams of Arkansas, at Colorado Springs,
Col, by which he enjoined State Insur-
ance Commissioner Webb McNal1 and
Attorney General Boyle of Kansas
from bringing any proceedings under
the state laws to prevent the Mutual
Life Insurance company from doing
business in Kansas.
The injunction of Judge Williams
was sweeping in its effect, and amount
| ed, according to Gov. Leedy, Attorney
General Boyle and Commissioner Nc
| Nall, to a practical annullment of a
criminal law of Kansas under which
the insurance company involved had
been barred from transacting business
in Kansas.
The Kansas authorities maintained
that the injunction of Judge williams
was in violation of the constitution of
the United States in that it prevented
the state from enacting and carrying
out its own laws, and also in contra
vention of the decisions of the United
States supreme court.
Acting upon this belief Attorney
General Boyle went before the state
| supreme court, bringing proceedings in
quo warranto against the Mutual Life
insurance company to compel that cor
pOratlon to appear before the state SUI
preme court and show by what author
ity it is transacting business in the
state of Kansas.
Attorney General Boyle having done
hea iY1i 1afi Of tn
forbade him from doing, the presump-
ton is that the federal Judge will cause
his arrest and imprisonment for con-
tempt although there is no Indication,
according to the dispatches from Mani
tou, that Judge Williams is near as
much excited about the matters as the
Kansas authorities are.
In the event of Boyle'S arrest ap-
plication for a writ of habeas corpus
will be made to the United States SUI
preme court.
The application filed by the attorney
general today simply states that the
Mutual Life Insurance company, a
corporation of the state of New York,
not licensed to transact business in
the state of Kansas. is doing business
in the state in violation of the laws of
Kansas and demands that the corpora
ton be compelled to show by what au-
thority it is so doing, in violation of the
statutes of the state. No mention is
made in the application to the injunc
ton of the federal court.
Attorney General Boyle states that
he has no desire to defy anyone, but
| that he is simply acting according to
his duty under the laws of Kansas"
He says that the state laws are plain
| that no foreign insurance company
shall do business in the state without a
| license from the superintendent of in
Surance.
The Mutual Life, he says, has no such
license, though it's general agent, Mr..
Lord, continues to solicit business. The
attorney general adds that if the in
surance commissioner is illegally with
holding a license from that company
the courts of the state are open to the
company to compel the commissioner
to grant such license, and he adds
that the corporation has seen mt to
wholly ignore the state courts and con-
tinues to do business in violation of
the law.
Continuing, Attorney General Boyle
says:
state laws. 1t cannot be possible that
Judge Williams means by his order
that he will restrain an executive Of
fcer of a sovereign state from oolng
his plain duty. If a federal judge OF
Arkansas while taking his baths at q
summer resort in Colorado, can sus-
pend for a limited time the operation
of any portion of the laws OF the state
of Kansas, then federal Judge, no
matter where he may be, can stop the
whole machinery of our state govern
ment, appoint a receiver and act as
general dictator of state of affairs Ii
this order with its sweeping intent can
stand, it is simply revolutionary.
II have no desire to precipitate q
| clash between the federal and local
| courts, but it is of great vital import
ance that the people should know def
| initely whether a state has any rights
| that a federal judge must respect. II
we have no such rights then state gov
| eminent is a useless expense.
| Attorney General Boyle complains
| particularly of the fact that Judge
! Williams injunction was granted with
| out notice to the state authorities.