The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-09-13
INJUNCTION HEARING.
Judge Williams at Wichita,
Listens to Arguments
For and Against the Injunction
Asked For
Against Webb McNaII to Prevent
Him From Barring Out the
Mutual Life Insurance
Company of New
York.

Wichita, Kan, Sept. 1S-The hear
Ing of the application of the Mutual
Life Insurance company of New York
TO make permanent the injunction re-
strain1ng Attorney General L. c. Boyle
and Webb McNaI, insurance commits
siOner, from interfering with the COM
panys business in Kansas, was made
before United States District Judge
Williams of Arkansas in the United
States court here Saturday
Inc insurance company was repre-
scented by Judge Albert H. Horton of
Topeka, assisted by Judges Green and
Baker of Lawrence, Eugene Ware of
Topeka and Edward Lyman Short of
New York.
Associated with Attorney General
Boyle in the defense were David Over
myer or Topeka, Judge David Martin
OF Atchison and Supreme Court Re
porter G. G. Clemens of Topeka.
Attorney General Boyle made the
opening argument. He explained the
difference between this case and that of
the Metropolitan Insurance company,
heard by Judge Foster. In this case,
the Mutual company had no license to
do business while the METROPOLITAN
company had. and the whole question
hinged on the point whether a sover-
elSn state had a right to prescribe rules
under which foreign insurance compa-
MES could do business in the state The
Mutual company, he contended, was
trying to get in the federal court by in
junction, what it ought to have OBJ
Gained by mandamuS proceedings in the
supreme court of the state. He declar-
ed that in enjoining him as attorney
general of Kansas, the companies were
enJ0ining the state and also deciding a
case in advance of a trial.
Judge Williams interrupted the attor-
ney general frequently and questioned
him sharply as to some of his state
mentS regarding the prerogatiVes of an
attorney general.
Mr. Boyle cited a decision of Justice
Brewer, in which he held that a state
officer might have power to bring suits
under constitutional law and yet he
could be inhibited from proceeding il
legally under a constitutional law.
Judge Williams here suggested that
this was the most important point in
the case. He said the court had no
thought of preventing the attorney
general from bringing any suit that he
had a legal right to bring.
Judge Horton referred to the injunc-
ton cases against McNall, state super
intendent Of insurance, previously heard
by Judge Foster, and stated that the
same questions involved in the present
case were argued and disposed of then.
He read a letter written by McNall to
the president of the Mutual Life 1nSur-
ance company, which showed that the
company had rendered the legal fee for
a license and that the check had been
refused on the ground that the compa-
ny had acted unfairly in reference to
the settlement of the Hillmon claim.
This, he said, constituted McNalFs only
reason for refusing license to the COM
pany.
He defied the attorney general to say
that the company had not rendered the
license fee, had not the required
amount of capital or was not solvent.
NcNall, he declared, had proceeded in a
vicious and criminal manner to inter
fere with the legitimate business of a
law abiding insurance company He
called attention to the fact that McNall
was now under indictment for attempt
ing to interfere with the operation of
the mandate of the federal court.
Mr.. Overnyer and Mr.. Clemens made
arguments
They ask your HONOR said Mr..
Overmyer, ito command the Superin-
aendent of insurance to issue a license
to this company. Can you do it? If
you do so, who issues the license, the
superintendent of insurance or the fed
eral court ?-plainly the latter. We as
sert, sir, that you have no power to say
to the state of Kansas what foreign
companies may and may not do BUSH
ness in this state"
The other lawyers for the company
insisted that the amendment to the law
of 1889 stripped the superintendent of
insurance of arbitrary powers, while
Mr.. Overmyer claimed that no con-
StructiOn could be honestly placed on
the amendment to warrant any man be-
1ieVing that it referred to any other
ahan mutual fire insurance companies.
Judge David Martin submitted a |
brief
Judge Williams will give his decision |
this week.