Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-06-02
SAYS HE WILL IGNORE A FEDERAL
COURT INJUNCTION.
CALLS JUDGE FOSTER DOWN,
SAYS HE Is DISREGARDING A ST.
PREME COURT DECISION.
Injunction That VIII Not BE 0beyed.
Was Granted Yesterday the
Petition of Barred Life
Insurance COmpanyN-
Clash Expected.

Topeka. Kas.. June 1-CSpeciai)' The
Metropolitan Life Insurance Company. OF
New York. through its attorneys, Horton
d Hite. to-day filed suit in the federal court
against State Insurance Commissioner
Webb McNaH TO enjOin him from interfer-
ing in any way with its business, and also
enjoining him from enforcing an order is
sued May - barring the company out Of
the state. Judge Foster issued a temporary
restraining order and set the case for hear
ing June Il.
4 short time ago McNaI ordered the
metropolitan Company TO pay death loss
10 Mrs Mary Emery, of Kansas city, Kas.
The company declined TO do so. claiming
that the policy was procured by fraud, and
that it intended to contest the claim I'm the
courts. McNail said in reply that while the
company had a right under the constitution
10 contest the claim, yet while contesting
the claim it would have TO foregO doing
business in Kansas. He thereupon issued
an order revokinE its license. The COM
pany in its suit filed to-day claims that on
February l it paid SEQ into the insurance
department and received a license TO do
business for a year. At that time the COM
missioner said that it had fully complied
with the laws of the state; that on May
20, without any warrant of law. the COM
missioner arbitrarily revoked its license,
hut failed to return any portion Of the IL
Cense money. The company claims that
II has d right to contest in the courts a
policy procured by fraud, without the in
tervention of the insurance commissioner:
and that his action toward il is contrary
to the constitution of the state and the
Unied States, inasmuch as it prohibits a
trial by jury. After reading the complaint
Judge Foster granted temporary restrain
ing order as stated above and the case will
come uD on Junp Il
Insurance Commissioner McNall said to
The Journal correspondent tonight that
he would ignore the injunction.
During the past two months" said he
Foster has reversed the United States su-
preme court by granting injunctions
against my department. In case ap-
pcaled from Wisconsin, reported IN the
9ith United States supreme court reports.
that court held that federal Injunction
would not lie in just such a case as they
have Sled to-day. The supreme court went
80 far as to hold that an insurance commits
sioner could revoke n Company's license
even without giving cause; that the power
TO grant license carried with il the right
10 revoke.
Il shall continue to treat the MetropoIi-
tan company as I deem proper. regardless
of Judge Fosters injunction, and ! will
make il warm for the agent whom / find
fact II, | have good and sufficient reasons
Tor barring out that company. Just a few
DAYS ago. complaint was made where one
OF its agents went to colored family and
stole the policy Of a member of the family
who had just died, The policy has never
been returned. Now | am going to stop
that business. A company that would do
such work or permit its agent to do it
should be driven out of business. The la
Dor unions of the South are lighting it bit |
terly on account of its failure to pay its |
losses.
Il think when Judge Foster reads the |
S4th United States carefully he will not be |
so fast about granting injunctions in the /
future"
In case McNall is arrested for contemnt |
he will apply to the United States supreme /
court for his release on a writ of habeas
corpus. relying wholly on the decision
mentioned above.
DO you think Foster will send me to
Jail tonight for contempt?" he asked as he
started for Lis room.
Mr.. Dunning. assistant manager of the
Metropolitan Life Insurance Company at
rs Office here stated last evening that to-
lay every man in the employ of the com |
1any who has a Kansas license would be
tt Work. The company has decided to call
commissioner McNall's bluff and see if he
'eally wants to arrest anyone and force a
est In the courts. If he does they will
give him ample opportunity to play his