Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-03-18

consolidated case. has never been an attor-
/ ney therein and has never had a statement
c:Your petitioners say tnat the attorneys
| of Mrs. Hillnon have taken and conducted
| said case on speculation. That they ar e
| to have by agreement one-haf OF lhe
| amount of recovery. and to be reimbursed
| for all of their expenditures therein; tnat
| they are interested in the E?suit OF tne
suit, owing to its long dufatio n, IN idf
greater measure than Mrs. Htumon her-
| self. and that Mrs. Hillmon cannot pay
back the sums by them disbmSed ana
there being no reasonable proba bsIIy that
| they will gain the cases one OF the said
attorneys has gone to the said tSuperfn-
tendent and induced him to make the ex
| parte order complained of.
WouId Cause Great Loss.
''Your petitioners say that they would
lose the great sums of money which they
have invested in establishing their husf-
ness in Kansas. and they would be at
great disadvantage with their competitors
elsewhere. and that would go abroad
and cause them great loss and trouble
and would give to their numerous policy
holders in the state of Kansas great soiici-
tude and alarm, if your petitioners were
deprived of the right of doing business in
the state of Kansas. So much so that II
would be better. for the companies. as an
alternative of evils, that they pay the
said Hilmon claims rather than be eE-
cluded from the state
ana your petitioners further say, tndt
before your petitioners We're made Gwtre
of the said order of the said McNall, that
he, having made up his mind in the prem
iscs did give to newspaper reporter and
cause TO be published broadcast in the
country the fact of his Withholding the Ii
ceDSes, before any notice thereof was re
ceivrd by your petitioners. and that :here-
| by there has gone into the public prints all
over the state and country such statement
by the said McNail. and it does and is do
ing great and irreparabie injury because
a "
ing. by the superintendent of insurance.
that your petitioners are in the wrong, and
this is greatly injuring their business ard
has become matter of public notoriety
and IS influencing the minds of the people
OF the state against said companies, and
ihterfereS with the obtaining and selecting
by these petitioners of true and lawful
jurymen in the trial of these cases. and
interrupts the procedure of this court and
peTverts justice and makes il all the more
ditficult for these petitioners TO have fair,
unbiased and unprejudiced hearing.
McNaIrs Action Unjust.
Your petitioners say that the action of
the said McNall is arbitrary, unjust and
unreasonable. and is done knowingly and
Willfully for the purpose of veXing, iniur-
ing ana harasSing your petitioners, and for
the purpose and with the object and intent
of throwing every obstacle possible in the
way OF their defense, and of intimidating
them and driving them out of this court.
and obStructing and impeding them IN the
assertion of their rights to A trial by jury
and to a fair hearir z, and to compel them
by force and threats to abandon their de-
fense and make tilem pay the said Hillmon
claims without regard to their merits.
Your petitioners further say that the
wrorgful and unlawful action of the said
McNall as aforesaid was procured 10 be
done by and through and at the special
instance and request of the attorneys for
the said plaintiff. Sallie Z. Hillmon and
for the purpose of getting their contingent
petitioners right to a trial by jury. And
your petitioners further say that the said
acts done and performed by the said Nc
Nall at the special instance and request
of the attorneys of the said Sallie f. Hill
mon, obstruct and impede the administra-
tion of 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 attorneys to COM
pei your petitioners to pay false and
fraudulent and fictitious claim. and to COM
pei them TO surrender all right to defend
their interest and protect their policyhold-
ers in the courts of justice. And your
petitioners say that unless they can be
protected in this litigation they must pay
these false and fraudulent claims and go
no further in said consolidated case. be-
cause their losses would De so great by
being excluded from the state and that
the said McNall and the attorneys for the
said Sallie Z. Hillmon; well knowing
lawful act for the purpose aforesaid of
compelling your petitioners to SO abandon
lent claims rather than suffer greater
loss by being excluded from the state of
PoIfcyhoIders Interested.
Your petitioners further show that they
are all mutual companies, and that the pol
icy holders are the stockholders of the
companies and entitled TO elect the Off
GERS and directors OF the respective conn
panies, and to have paid to them dvi-
dends all of the profits of the said COM
panies, and that there are exceeding 10000
in the state of Kansas of such policy hold
ers, all of whom are being influenced by
the conduct of the said McNall; that these
petitioners have over $4,000 other policy
holders outside of the state of Kansas.
upon whose lives there mas been written
by these three companies over 81, ,S00. G00, 900,
and these nonresident policy holders are
all interested in this controversy.
Your petitioners show that the said SUI
perintendent of insurance is misusing his
official position and is discriminating in
the performance of his duties against these
petitioners. And that the reason given bv
the said superintendent for Withholding the
delivery of the said licenses is unjust and
contempt of this court. and is usurpation
of the functions of this court, and that it
is in effect the rendition of Judgment by
the superintendent of insurance against
these petitioners upon the said three Hill
mon suits. and that it is the intention and
the animus of the said superintendent of
insurance to usurp the functions of this
court and decide the Hillmon cases with
out notice, without trial and without evi-
dence.
Wherefore: your petitioners pray that
the said Webb McNall may be cited 10
appear before your honorable court and to
show why attachment should not issue
against him for contempt. And these pc
titfoners ask that an injunction be granted.
pending the hearing hereof. against the said
McNall, restraining him from interfering
with these petitioners and TO restrain him
from prosecuting them or their agents,
either civilly or criminally, and that he
show cause, If he can. why he interferes
with the jurisdiction and usurps the
functions of this honorable court to the
oppression and great loss of these petit
tioEers. GEORGE J. BARKER,
j. W. GREEN,
''E. F. WARE.
wv. r. SMITH.
Attorneys for Petitioners"
Judge Fosters Order.
After reading the aIlsgatiopS contained