The indicator. (Pueblo, Colo.) 1894-1911, 1897-08-14
ENFORCING THE LAW
WILL DEFY JUDGE WILLIAMS.
kRn-s. onciHis Intend TO Keep out
Barred Insurnncr Comranie. The At
tornry General Does What II. Was
Enjoined Prom Doing.


Topeka. kans.. Aug. 9-The long
threatened clash between the United
States courts and the authorities of
the state of Kansas came to-day, 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
tiauce of the federal authorities
This action to-day is the outcome of
nm injunction issued ON July 10Th last
by United States District Judge John
\, Williams Of Arkansas, at Colorado
Springs, Colorado, by which he posi-
lively enjoined 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 Lecdy, Attorney General Boyle
and Commissioner McNall. TO n prac
teal nnnulmcnt of criminal law of
Kansas. under which the insurance
company involved had been barred
from transacting business in Kansas
Not only this. but the Kansas aulhori-
i've llli' Wv vi
Judge Williams was In violation of the
constitution of he United States. in
that it prevented the state from enact-
ing and carrying out its own laws. and
also in cnntrav"ntion 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
lngS 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 II Is transaCtlng bust
ness in the state of Kansas
Attorney General Boyle having done
precisely what the injunction of Judge
Williams forhad" him from doing, the
presumption Is that the federal Judge
will cause his arrest and Imprisonment
for contempt In this event application
for writ of habcas corpus Will he
made at once 10 the United States SUI
preme Court and in such a proceeding
the Attorney General would have the
support of the entire state administers
tion. Governor Lrcdy has declared
that the issue has been made and that
tn" matter must he fought To Il tcrmi-
nation.
Tile application filed 10y the attorney
general to-day simply states that the
Mutual Lift" Insurance Company. II
corporation of III" 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
ton be compelled 10 show by what an
thority it Is so doing, in violation of
the statutes of the state. No mention
is made in the application 10 the injunc-
ton of the federal judges.
The Kansas city Times prints an in
teryiew with Attorney General Boyle
of Kansas as 10 the issue raised he
tween the Kansas authorities and the
federal courts. The attorney general
states that lie has no desire 10 defy
anyone. but that he is simply acting
according 10 his duty under the laws
of Kansas, lie explains that the state
laws are plain that no foreign company
shall do business in the state without Il
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. Til" attorney general adds
that If the insurance commissioner is
Illegally Withholding n license from the
company the courts of the state are
open to the company to compel the com
missioner TO grant such license and he
adds that the corporation has seen fit
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 thar
Judge Williams means by his order
that he Will restrain an executive of
ticer of ii sovereign state from doing
his plain duty. If n federal Judge of Ar
kansas. while taking his baths at n
summer resort in Colorado can suspend
for :; limited time The operation of any
portion of the laws of the state of Kan
sas. then a federal Judge. no muttcr
Wher" ha may he. can stop the whole
machinery Of our state government. an
point receiver and act MS general die
tator of state affairs. If this order.
with its sweeping intent. can stand. it
is simply revolutionary
Il have no desire 10 precipitate n
clash between til" federal and local
c"nris, but II is of great vital import
ance that the people should know detin-
itely whether a state has any rights
which "A federal judge must respect. If
We have no such rights. then state gov
eminent is useless expense"
Attorney General BOYLE complains
particularly of the fact that Judge VIII
liams' injunction WIS granted without
notice TO the state officials
TEMPORARY PREMIER.