The age-herald., 1897-08-13
The Trouble In Kansas.

A very peculiar soalte of affairs exists in the sta te of Kansas, being a contest be tween the United States courts and the state courts, which in some respects must serve eo teach lesson on the rights of people before the law. The trouble arose out of the New York Mutual Life Insurance company's doing business in that state. which, as is claimed by state authorities, without complying with the insurance laws, and in which the slate insurance commissioners sought to force the company to conform to the laws of the state, or to cease doing business with in the stata limit.
 Instead of seeking to comply with the laws of :he state, the insurance company asked for an injunction i'm the United States court before Judge Williams to restrict the stale authorities from inter- fering with the business of the company. The judge gran.ed the order while at a summer resort in Colorado. This was some weeks ago. In the msantime, the insurance company continued to transact DJs business,
 The encouragement of the state filed a petition in the state court challenging tho right of the United States court to interfere with the execution of the state laws. The attornay-g neral took the po- sitlon that the court has no authority under the cons. .itution to enjoin the con stitutfonal officers of the state from per forming their sworn duty; and, second, lIlat if the federal cour1a had such author ity, Judge Williams order granting the injunction was of no force, because 1t was not made within the state of Kansas, but within another state. It is claimed that afe insurance companies has violated the state statutes inegery particular gov erning the rights of foreign insurance companies To do business in the state of Kansas
 It is indeed sad commentary upon the sovereignty of state if it is unable to enforce its own laws, because of inter ference from ehe United States court. In this case the United Ssiatas court has given the insurance company the right state laws of Kansas, and what could be more revolutionary than this very pro- oedure If .hs United StaInes court should permit the insurance company to do bus tinue to do business under the protec- tion of the United States court, there is no powsr shoiit of the supreme court, where the matter would have to go for final adjudication before Ghe state of Kansas would be able to execute its own laws.
 The insurance company has completely ignored the laws of the state and sought proteoldon under another court and in this manner is daily violating the very laws that it would be supposed to re- spect, and if ths insurance company has no respect for the Kansas laws it with that stae
 The attorneys for the insurance com- pary claim that the attorney general is guilty of contempt to the, United States laws, and, which, under his oath of of flee, he is compelled to do. The state au- Glhorities do not seem to have any rebel lion against ,he United States court, and so long as the order of the latter court prevails the wheels of justice of the state courts are practically idle and it may be said useless. It would appear on its face as an unlawful assumption of authority on the pant of the United States court which the facts do not warrant The in- surance company is a rich corporation. It can obtain sp cial privileges from the United States court that 1t could not ob- taln from flle state court.