The advocate., 1897-08-18
OFFICIAL STATE PAPER.

SurduC6 company not duJlOTlXeu Dy Lne
statute. This and nothing more. He
remarked in his opinion that the in
surance company has the legal right
to resort to the courts for the settle
ment Of controversies between 1t and
its policy-hOlders, and to say that It
must either forego its legal rights in
that respect and submit to pay all
claims made against 1t or quit business
in the State, is arbitrary, unreasonable
and dictatorial.'
After citing several adjudicated cases
to support Fosters opinion, Judge Hor-
ton thus refers to the order of Judge
Williams: "In reference to the order
recently granted by Judge John A. Will
liams in favor Of the New York Mutual
Llle Insurance Company against the
Superintendent of Insurance and the
Attorney General OF Kansas, It Is but
proper for me to- add that Judge Will
liams refused to grant the preliminary
and mandatory injunctions prayed for
in the bill without sufficient notice
upon the defendants.
ut was the view Of the counsel Of the
New York Mutual Life that as Judge
Foster had passed upon all the law
points involved In that case in the
opinion handed down by him in the
Metropolitan Life Insurance Company
suit, that Judge Williams was author
lied to grant the preliminary and man.
datOry injunction requested without
additional argument. He gave the
t11ottar hournUor oopaPtr1 ooD ci a. hro t3c,,
and ruled that he would allow tenn
porary restraining order only until no
tice was given to the defendants for an
application for the temporary and man
datory injunctions.
within a few days notice will be
given to the defendants that the Fed
eral court of Kansas will be asked to
supersede the temporary restraining
order already allowed with the prelim-
mary and mandatory injunctions as
prayed for in the bill Of complaint.
I'm thls connection l should also
state that Judge Williams, although a
United States District Judge Of Arkan-
sas, has been designated by Judge w.
A. SanbOrn Of st. Paul, the present pre-
siding United States Circuit Judge Of
the Eighth circuit, to hold the United
States courts in the district Of Kansas
on account of the i'll health Of Judge
Foster. Therefore, he has full author
ity to grant orders as an acting United
States Circuit Judge for the district Of
Kansas. 1t Is needless for me to re-
mind you that Judge Williams was a
gallant soldier during the war of the
late rebellion and Is everywhere hon
Ored and respected as an able and dis
tingulshed jurist.
"The insurance companies have con-
fidence in the correctness Of Judge Fos-
ter's decision and are anxious that the
Superintendent of Insurance shall by
appeal to the United State Appellate
courts have that decision examined.
The companies are willing to do all
they can to hasten the appeal and pro-
cure from the highest Federal tribunal
an early decision upon the law points
involved"
Bx-Judge Theodosius Botkin, of Kan
sas, says: There may be something
/ don't fully understand in this matter,
but If the understanding have gotten
from reading the newspapers is cor
rect, If were in Attorney General
Boyle's place l would arrest the agent
Of that insurance company at once and
bring the matter before the Supreme
court so that it might be tested. The
Supreme court ought to pass on it, and
If Williams is right we ought to know
it, and if he is wrong he ought to know
CONTINUED on page 81