The advocate., 1897-08-11
FEDERAL VS.. STATE.
Federal Judges Assume Authority to En-
Join State officials from Enforcing
Our Own Laws,


Life Insurance Company Of New York
which, If respected, will prevent the
State authorities from compelling COM
panies which have no legal right to do
business in the State to stay out, is
certainly an unwarranted proceeding.
It means that the Federal Judges pro-
pose to prevent the people Of this State
from having officers to enforce the
criminal laws which they make them
selves. 1t means that these Judges are
to become czars and that the will OF
the people is to amount to nothing.
It means that corporations are to be
privileged to go into any State and obey
or disobey the laws OF that State as
they may choose and that the Federal
courts will stand between them and
the penalty which is meted out to Ordi-
nary violators of law. Kansas people
are not of the class that will tamely
submit to unjust and impudent inter-
ference with their rights or that will
not fully sustain officers who refuse to
submit to such interference.
Governor Leedy, in speaking of the
matter, says: "If Judge Williams or any
other Federal Judge seeks to restrain
this State from enforcing it's criminal
laws we will dispute his right to do so.
II would seem to me that when Judge
Of the Federal court undertakes to set
aside the criminal law Of a State, he
ought at least to have courtesy and de-
cency enough to give the State author
tiles notice that such action was con-
templated, so as to afford them hear
ing, II desired"
On Monday Attorney General Boyle
instituted an action in the State Su-
preme court In which the Mutual Life
Insurance Company of New York is
called upon to show by what authority
1t is transacting business in Kansas,
This company, 1t will be remembered,
was refused license by Superintend-
ent McNall. Federal Judge Williams
enjolned the Insurance Superintendent
and the Attorney General from inter-
fering with the transaction Of business
on the part Of the company. The action
brought by Attorney General Boyle
places him In the attitude Of disobey-
ing an injunction of the Federal court.
In speaking Of the matter Mr. Boyle
said: mo foreign insurance company
has right to do business in Kansas
without a license from the Superin-
tendent Of Insurance. The Mutual Life
has no such license, yet am reliably
informed that Mr.. Lord, its general
agent, claims he has the right, and is
exercising 1t, to solicit insurance for
this company. If the Superintendent
Of Insurance has no authority to with
hold a license from the Mutual Life
Insurance Company, the courts Of the
State are open to them to compel him
to grant such license. However, this
company does not seem to have any
confidence in our State courts, and has
not seen flt to do this, but is proceeding
to do business without any authority
whatever. This Is a positive defiance o.
our State laws. 1t cannot be possible
that Judge Williams means by his
order that he will restrain an executive
officer Of a sovereign State from doinl
his plain duty. If this insurance com.
pany has no confidence in our State
courts, 1t should not desire to do bust
ness within our State.
SfTP n Usndn.ol V..ao.a "a A,