Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-04-13
STRIPES FOR M'NALL.
wOULD-BE KANSAS GEAR MAY GO TO
THE PENITENTIARY.
GRAND JURY HAS HIM IN HAND.
JUDGE FOSTER SAYS HE Is GUILTY
OF INTIMIDATION.
Declares Him Not Guilty of Contempt,
but Calls the Special Attention
of the Grand Jury to His
Arbitrary Attempt
at Coercion.

Topeka, kas., April 12.-tSpecial) state
| Insurance Commissioned McNali is getting
deeper into the mire on account of his ar
! bitrary action in refusing to renew the Ii
censes of the three insurance companies
contestIng the Hillmon claim. Judge Fos-
| ter. In the federal court. to-day decided
| that McNall had done nothing which could
be considered as contempt of court and dis
missed the contempt proceedings, but in the
decision he intimated that McNall might
lock for trouble from another source. This
time IL will be through criminal proceed
ings.
| There Is federal law making 1t mis-
demeanor punishable by fine or imprison-
ment to impede the due administration of
! justice in causes pending in the federal
I court. In this case the judge said that Nc
Nails actions tended to impede and OBJ
struct the wheels of justice and were,
therefore, subject to investigation.
In declining to adjudge Mr.. McNall guilty
of contempt of court, Judge Foster admin
istered the following castigation to the
commissioner:
"The act Of the respondent in refusing to
allow the defendant insurance companies
to continue doing business in the state for
the reasons given in his letter cannot be
justified on any principle of law or justice.
or on any discretionary power vested in
him as superintendent Of insurance. The
insurance companies. in defending these
suits of Mrs. Hilln1on. are doing what the
law permits them to do. and 1t is for the
court having Jurisdiction to determine
whether they have dealt fairly with the
plaintiff. Mrs. Sallie E. Hillmon. in refusing
to pay the death loss. and in the litigation
of the same, pertaining to her deceased
husband Indeed, that Is the very issue
to be tried by the court. and it Is an un-
warranted assumption Of authority for re-
spondent to arrogate to himself the sum-
mary determination of these questions. and
any attempt by threats or intimidation or
duress on the part of the respondent to
coerce or deter the companies from making
their defense in court. tends to obstruct
and impede the due administration Of jus
tice and is a proper matter to be presented
to the grand jury. 1t would. however. be
a strained construction to hold that the act
was done In the presence Of the court or so
near thereto as to obstruct the admins
tration of justice"
The grand jury convened few minutes
later and Judge Foster. without MENTION
ing names or the case, called their atten-
ton to a certain state of facts and ordered
them to subpoenae witnesses and inquire
into the matter. In charging the grand
jury concerning the case. he said:
"Gentlemen:-There is a matter that per-
haps 1 should call your special attention to.
There IS d law Oh tne OnlteC states
which makes 1t unlawful for any person
corruptly, or by force or threats to Infiu-
ence. intimidate or impede any witness or
officer in any court of the United States in
the discharge of his duty. or corruptly or
by force or threats to obstruct or endeavor
to obstruct or impede the administration of
justice in the courts of the United States.
Complaint has been made that suitors in
cases pending In the circuit court of
the United States In this district
are being coerced and deferred by
threats and force by certain per-
son or persons. from making a defense to
the actions pending against them. and that
an attempt is being made to deprive them
of the protection of the court, and to sub
ject them to duress. 1t Is the right of ev-
cry suitor. whether an individual or cor
poration. to come into a court Of justice.
and have his legal controversies adjudicat-
ed and determined by the court without
fear or threats or intimidation. / charge
Complaint. and IL you find that 1t Is well
founded, to present the person or persons
so offending to this court for trial to be
dealt with according to law"
insurance Commissicper McNall, In com
menting upon the turn affairs has taken in
his case in the federal court, tonight re-
marked:
his bounds in this case. 1t has always been
nv understanding that IL was the sole duty
of Judge to pass upon questions present.
ed before him: not to suggest what pro-
ceedings should be brought in certain con-
tingencies.
Then he discourteously concluded: IF
the Judge Is looking for a law partner, I
am open for engagements myself