Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-04-06
M'NALL NOT A CAR.
JUDGE FOSTER BELIEVES HIS pow
Err IS NOT AUTOCRATIC.
HEARING IN CONTEMPT CASE.
M'NALL DENIES THE JURISDICTION
OF THE FEDERAL COURT.
Arguments Heard and the Case Taken
Under Advisement Until Next
Mondny-Wnl BE Further
Litigation, No Matter
What the Decision.
HEARING IN CONTEMPT CASE.

| Topeka, Kas., April 5.-(Special.) Judge
&. &. Foster, of the federal court is de-
cidedly of the opinion that State Insurance
Commissioner McNall is not vested with
autoor attic power. He Sc expressed himself
t.. day at the conclusion of a hearing in
contempt growing out of McNalls action In
arbitrarily shutting the insurance COM
panies which are contesting the Hiilnlon
case out of the state.
| "W lille this question does rot enter into
the case pending said he, yet some re-
marks have been dropped during the argu-
ment as to the discretion of the insurance
commissioner which I desire to comment
uHcn. While the powers of this officer are
discretionary. believe that there would be
some remedy for fragrant abuse of such
powers. A judicial officer is clothed with
discretionary power, but if he abuses it his
| actions are subject to review. If it is true,
! as has been intimated, that such autocratic
power is given the insurance commissioner,
it is certainly a very extraordinary state
Of affairs, and hope it is not so."
The hearing of the contempt proceedings
| wi:s commenced in the federal court this
/ afternoon. McNall recently refused to re-
new the licenses of the three insurance
companies contesting the H:llmon case, and
the attorneys for the companies had him
cited for contempt on the ground that 1t
1 which was pending in the federal court.
vent him from interfering with their doing
At the hearing to-day the companies were
represented by Gleed, Ware e. Gleed. Judge
". L. Smith and Ed o Bryan. Attorney
General Boyle. Judge David Martin and A.
B. Quinton represented McNall. When the
his attorneys, filed an answer to the origf-
nal petition. denying the jurisdiction of the
court and asking that the case be dis;
SfEsI
dismissal were set forth.
The action of the attorney general in fill
ton of the court instead of filing a direct
answer somewhat surprised the attorneys
for the insurance companies. The objection
original petition. The companies attorneys
asked for continuance until tomorrow
e 5sat eey NEW Rfh S
Foster ordered them to proceed with the
| trial. The only question that was then
made him in contempt under % the law as
very fully by each side. The attorneys for
the companies took the position that Nc
Nails action in shutting the companies out
Of the state arbitrarily took the case out of
state insurance commissioners depart
ment, depriving them of the constitutional
right of trial by jury. This interference,
they claimed, was a clear case Of con-
! tempt.
In contempt OF court a person must either
by bcisterous conduct disturb the proceed
| ings of court. or violate some order of the
neither, and, therefore. was not in con-
tempt.
Judge Foster took the case under advise
ment, and will render decision next Mon
day. In case he decides against sMcNall
and imprisons him. an application will be
made by the attorney general for writ
preme court. Should the injunction re-
straining the commissioner from interfer-
made permanent. they will proceed TO do
business in the state without licenses. SO
one of the attorneys said tonight: but if
the court should sustain McNall's position,
the companies will be required to file man
damus proceedings in the state supreme
court to compel McNall to issue them
licenses.