The state herald., 1897-08-13
ENFORCING THE LAW
WILL DEFY JUDGE WILLIAMS.
Kansas Oniclais Intend to Keep Out
Barred Insurance Companies The At
torney General Does What He Was
EnIoined From Doing.

Enjoined From Doing.
Topeka, Kans., Aug. 9.-The long
threatened clash between the United
States courts and the authorities of
the state of Kansas came today, when
Attorney General Boyle, acting upon
the advice and with the concurrence Of
the entire state administration, took
action in the state courts in open de-
fiance of the federal authorities.
This action to-day is the outcome of
an Injunction issued on July Goth last
by United States District Judge John
A. Williams of Arkansas, at Colorado
Springs, Colorado, by which he posi-
lively enioined State Insurance Com
missioner Webb McNall and Attorney
General Boyle of Kansas from bring
ing any proceedings whatever 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 eff
feet and amounted. according to Gov
ernor Leedy. Attorney General Boyle
and Commissioner McNall. to n prac-
tical annulment of n criminal law of
Kansas, under which the insurance
company involved had been barred
from transacting business in Kansas.
Not only this, but the Kansas authori-
ties maintained that the injunction of
Judge Williams was in violation Of the
constitution of the United States, In
that 1t prevented the state from enact
ing and carrying out its own laws, and
also In contravention of decisions of
the United States Supreme Court.
Acting upon this belief, Attorney
General Boyle to-day went before the
State Supreme Court, bringing proceed
ings In quo warranto against the Mu-
tual Life Insurance Company to COM
pei that corporation TO appear before
the State Supreme Court and show by
what authority 1t is transacting bust
ness in the state of Kansas.
Attorney General Boyle having done
precisely what the injunction of Judge
Williams forbade him from doing, the
presumption is that the federal Judge
will cause his arrest and Imprisonment
for contempt. In this event application
for II writ of habeas corpus will be
made at once to the United States SUI
preme Court, and in such a proceeding
the Attorney General would have the
support of the entire state administra-
tion. Governor Leedy has declared
that the issue has been made and that
the matter must be fought to n termi-
nation.
The application filed by the attorney
general to-day simply states that the
Mutual Life Insurance Company, Il
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
tion be compelled to show by what au-
thorlty 1t Is SO doing, in violation of
the statutes OF the state. No mention
is made in the application to the injunc-
tion Of the federal judges.
The Kansas City Times prints an in
tervlcw with Attorney General Boyle
of Kansas as TO the issue raised be-
tween the Kansas authorities and the
federal courts. The attorney general
states that he has no desire to defy
anyone. hut that he is simply acting
according to his duty under the laws
OF Kansas. He explains that the state
laws are plain that no foreign company
shall do business In the state without n
license from the superintendent OF In.
surance. The Mutual Life, he says. has
no such license. though Its general
agent, Mr.. Lord. continues to solicit
business. The attorney general adds
that II the Insurance commissioner Is
Illegally Withholding license from the
company the courts OF the state are
open TO the company TO compel the com.
missioner to grant such n license and he
adds that the corporation has seen III
to wholly ignore the state courts and
continues TO do business In violation OF
the law.
Continuing. Attorney General Boyle
says
This Is a positive defiance OF our
state laws. II cannot he possible that
Judge Williams means by his order
that he will restrain an executive of.
ncer OF sovereign state from doing
ms plain duty. lf a federal Judge Of Ar
kansas, while taking his baths ut
summer resort In Colorado can suspend
Tor limited time the operation of any
portion OF the laws Of the state Of Kan.
sas, then federal Judge. no matter
where he may he. can stop the whole
machinery Of our state government. nm.
point n receiver and act MS general die.
tntor OF state affairs. n this order.
with Its sweeping intent. can stand. II
Is simply revolutionary.
II have no desire TO precipltatc n
clash between the federal and local
courts, hut II Is of great vital import.
nnce that the people should know deiln.
iteiy whether a state has any rights
which federal Judge must respect. II
we have no such rights, then state gov.
ernmeni is n useless expense"
Attorney General Boyle complains
particularly Of the fact that Judge WI.
Hams Injunction was granted without
notice TO the state officials.
Gal MLnrnM EnrIG.r