The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-06-30
is AGAINST WEBB
JUDGE FOSTER DECIDES FOR THE
INSURANCE COMPANIES.

State Insurance Commissioners Bas Nc
POwertO Revoke a COmpany's Licens,
Unless Upon che Failure Of the Company
10 Pay Up within Ninety Days After
JudEment-sOuth DAkota's Maximum
Rate Law Held Up-Govsrnment on
oiaIs Must Come to Time Tobacco
Trust Jury Disagrees.
Topeka. Kan, June 29.-Judge Foster
in the United States district court today
made a decision that deprives State IN
suranee Commissioner Webb McNan OF
the power he has assumed in preventing
certain big eastern life insurance com
panies from doing business in Kansas.
The case was one brought by the Met
ropolitan Life Insurance company to re-
strain the commissioner, VINO had at
tempted to stop the company from
transacting business in this state be
cause it had not paid certain claims.
Judge Foster holds that Commissioner
McNaIl has no right to revoke a COM
pany,s license unless the holder Of the
policy has secured a judgment against
the company and this judgment has re-
srained unpaid ninety days.
1t is understood that this opinion car
res with If the right Of the New York
Life the Mutual Life Of New York, and
the Connecticut Mutual to continue bus
sress. although licenses had been re-
~ "
inert Of the Hillman claims.
NO MAXIMUM RATES.
Omaha. Neb., June 2e.-Judge Cas-
land Of the South Dakota district Unit
ed States court last evening issued an
order restraining the railroad commits
sioners OF the state from attempting to
put inso effect the maximum rate law
established by the late legislature Of
South Dakota The hearing was had at
Sioux Falls at the instance Of the Chi
caRo and Northwestern, the Chicago,
milwaukee and St Paul, the Great
Northern. Fremont, Elkhorn and Mis-
eouri Valley, the Chicago, Burlington
and Quincy and the Chicago, st. Paul,
minneapolis and Omaha roads.
MUST OBEY THE COURTS.
Cleveland, Ohio, June 2s.-It appears
that officials of the United States gov
eminent must obey the orders Of courts,
whether they are engaged IN govern
u1ent business when summoned or not.
Some time ago Major w. B. StoclSman,
OF the weather bureau, was fined for
failing to answer summons to appear
as a witness. before Judge Ong. Failing
to pay the fine, he was committed to
5ail but was almost Immediately re-
deased. He appealed to Washington
and Judge Ong suspended the fine until
Stockman could hear from the govern
ment. Stockman has Just received q
letter from Secretary Wilson advising
him to pay the fine. Judge Ong feels
Nndicated and is disposed to let Stock
man off with the costs.
TOBACCO JURY DISAGREES.
New York, June 29.-The jury in the
conspiracy case OF the American Tobacco
company, which has been on trial before
Judge Fitzgerald in the court Of general
sessions, failed to agree. Although no
verdict for the prosecution was rendered
q disagreement is nevertheless regarded
by District Attorney Olcott as victory
Cor the people. The jury had been out
fifteen hours when they came in and in
formed the court that they were unable
10 agree. It was decided that it would
be useless to Jock them up again, and
they were discharged. 1t was learned
Shat eighteen ballots had been taken dur
Ing the last twelve hours and the vote
stood ten for conviction and two for ac-
uuittaI. The jurors who held out for ac-
uuittal were Hobart c. Fash and Foster
RIillken.