The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-18
M'NALL CONTEMPT CASE
Attorneys for Insurance Com
panies Begin Suit.
Judge Foster Cites Superinten-
dent McNall to Appear
In Court April Fifth, Meantime Issu-
ing an Injunction Restraining
Him From Interfering With
Business of the Companies.

AS announced in the State Journal
last night, contempt proceedings against
Webb McNall, state insurance commits
sioner, were commenced in the United
States circuit court late yesterday af
ternoon by the attorneys for the Mutual
Life Insurance company of New York,
The New York Life Insurance company
and the Connecticut Mutual Life Insur-
ance company. Immediately upon the
filing of the petition, Judge Foster is
sued an order and injunction, citing Me
Nall to appear in court at 2 o'clock on
the afternoon of April s. for trial for
contempt and restraining him from in
any way interfering with the transac-
ton of business by the three insurance
companies in this state.
In the petition filed by the insurance
attorneys charges are made against the
state insurance commissioner. 1t is
stated that his action IN refusing Ii
censes to the above named companies
was at the instance and special request
of the attorneys for Mrs. Sallie E. Hill
mon, and that he entered into a cOmbin-
alton with these attorneys for the pur-
pose of forcing the insurance companies
to pay the HilImon claims.
The petition is of considerable length
1t starts with a brief history of the con-
sOlidated case of Sallie E. Hillmon
against the three insurance companies
states among other things that the case
has been tried by jury five times and
now set for the June term of the feder-
al court and that the sum of $50, 900 is
now involved, and follows with the re
cital of McNall's action in refusing the
companies licenses on the first of March
the date on which they were accustomed
to receive such documents. Then ap-
pears the following:
Your petitioners allege that since
the first of March, 1897, they have APP
- 10 Il
surance to know whether any state
ment had been filed in his office by Mrs.
Sallie E. Hillmon or her attorneys, set
ting forth any charges against these
petitioners, and have asked the said
superintendent concerning the same
but the said McNall refuses to say
whether or not any charges or claims
or complaints have been filed in his Of
flee as against these petitioners, and re-
fuses to give your petitioners any light
or information whatever upon that sub
ject and in reply to the application of
your petitioners in that regard he, the
said superintendent of insurance has
replied to the request of your petition
ers as, follows: If anybody asks you
about it tell them you don't know
And the said superintendent of inSur-
ance threatens that if your petitioners
proceed with their business in the state
of Kansas he will prosecute your petit
TONERS both civilly and criminally, and
will arrest their agents and imprison
them, and compel these petitioners to
refrain from doing any life insurance
business in the state of Kansas.
"And your petitioners say that the
arbitrary action of the said superintend-
ent of insurance is intended to oper-
ate as a pressure upon these petitioners
to compel them to fOregO their rights
as suitors in your honorable court, and
to prevent them from litigating their
claims which they have been defending
for the past II years, and will operate
to drive them from the protection of
claim
based on murder.
Your petitioners further show that
the said superintendent of insurance
knows nothing whatever of the merits
of the consolidated case, has never been
an attorney therein, and has never had
a statement thereof made to him by
your petitioners"
Your petitioners say that the attor-
neys of Mrs. HillmOn have taken and
they are to have by agreement one-half
of the amount of recovery, and be re-
imburSed for all their expenditures there
in; that they are interested in the result
of the suit, owing to it's long duration,
mon, and that Mrs. Hillmon can not pay
back the sums by them disburSed and
there being no reasonable probability that
they Will gain the case, one of the said
attorneys has gone to the said Superin-
tendent and induced him to make the ex
parte order complained Of
of the said McNall is arbitrary. unjust
and unreasonable, and is done knowingly
and wilfully for the purpose of vexing
injuring and harrassing your petitioners,
and for the purpose and with the object
and intent of throwing every possible
obstacle in the way of their defense and
of intimidating them and driving them
out of this court and in obstructfng and
impeding them in the assertion of their
rights to a trial by jury and to a fair
threats to abandon their defense and
without regard to their merits
Continuing, the petition says:
Your petitioners further say that the
n Of hea
McNall as aforesaid. was procured to be
done by and through. and at the special
the said plaintiff. Sallie Hflmon and for
the purpose of getting their contingent
petitioners a right to trial by jury. And
your petitioners further say that the said
Nall: at the special instance and request
OF the attorneys for the said Sallie E.
lStratlon or Justice in this court, and
place your petitioners under great and
overwhelming duress and is an attempt on
the part of the said plaintiff and her at
torneys to compel your petitioners to pay
false and fraudulent and fictitious
all right to defend their interests and
protect their policy holders in the courts
of justice. And your petitioners say that
unless they can be protected in this litiga-
ton they must pay these false and fraud
ulent claims and go no further in said
would be so great by being excluded from
the state. And the said McNan and the
attorneys for the said Sallie z. Hillmon,
well knowing these facts. procured and
did do this unlawful act for the purpose
aforesaid of compelling your petitioners
to so abandon this cause and pay said
false and fraudulent claims rather than
suffer a greater loss by being excluded
from the state of Kansas
The petitions concludes with the follow
ing:
your petitioners show that the super
intendent of insurance is nisusing his
official position and is discriminating in
the performance of his duties as against
these petitioners. And that the reasons
given by the said superintendent for
Withholding the delivery of the said IL
censes-are unjust and illegal and in con-
tempt of this court and In contempt of
the law. and is a. usurpation of the func-
lions of this court. and that it is In eff
feet rendition of a judgment by the
SiTiNeF- ~ lent of - ",
netitioners nnon the said three IIilIr,,o,,