The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-12
M'NALL WINS FIRST
Blood in His Encounter Before
Judge Foster.
Judge Foster Dismisses the
Suit for Contempt.
But Instruets the Jury to Examine
Into the Case, and Gave Them Or
ders to Return Indictments if
circumstances Justified.

Webb McNall, state insurance COM
missioner, is so far victorious in his
fight against the three largest insurance
companies in the world
In the United States circuit court this
morning Judge Foster handed down a
decision holding that NcNalTs action
in excluding the defendant insurance
companies in the Hillmon case from
doing business in this state was not
one punishable by the penalty for con
tempt, and dismissed the case instituted
by the companies attorneys.
But hardly had the state insurance
commissioner left the court room in an
apparently satisfied mood, than Judge
Foster turned to the grand jury, just
then empanelled, and informed the
members that it would be their duty to
inquire into McNalls action, and if they
found that such was in the nature of
duress or intimidation, tending to OBJ
Struct the due administration of JUS
tice to the defendant companies, they
should return an indictment against
McNalI to the court.
In his decision Judge Foster emphati-
cally stated that the action of the in
Surance commissioner could not be JuStl-
fed by any principle of law or justice,
or on any discretionary power vested in
him a S a state officer, and that it was
an assumption of authority for McNau
to attempt to determine the question at
issue in the Hillmon case. His deci-
sion is as follows:
This special appearance and plea of
respondent practically admits the truth
of the allegations in the petition, and
the question presented for determina-
ton is whether such facts make case
for summary proceedings against the
respondent for contempt of this court.
There are two sections of the revised
statutes which have a bearing upon the
question at issue. The first reads The
said courts shall have power to impose
and administer al necessary Oaths, and
to punish by fine and Imprisonment at
the discretion of the court, contempt of
their authority, Provided that such
power to punish cOntempts shall not be
construed to extend to any cases e1-
cept the misbehaviOr of any person in
their presence or so near thereto as to-
obstruct the administration of justice,
the misbehavior of any of the officers Of
said courts in their official transactions
and the disobedience or resistance by
any such officers or by any party, juror,
witness or other person, to any lawful
writ, process, order, rule. decree or COM
mand of the said courts
1.-The second section reads, Every
person who corruptIy or by threats or
force, endeavOring to influence, intifni-
date or impede any witness, or officer,
in any court of the United States in the
discharge of his duty, or corruptly or
by threats or force, Obstruct or impedes
or endeavOrs to ObstTuct or impede the
due administration of justice therein,
shall be punished by a fine of not more
than $500, or by Imprisonment not more
than three months or both
THAT the power of the courts to pun
ish summarily for contempt is limited
to misbehavior of any person in their
presence, or so near thereto as to OBJ
struct the administration of justice, is
apparent from the terms or the first sec
lions and the various decisions made
hereunder.
And this rule applies whether the
act comes under either section of the
statute The act of the respondent in
fTrG fr7er to al "a 4
ance companies to continue business in
the state for the reasons given in his
letter cannot be justified on any prin-
ciple of law or justice, or on any ulscIe-
tiOnary power vested in him as super
intendent of insurance.
1.-The insurance companies in defend
ing these suits for Mrs. HillmOn are do
ing what the law permits them to do,
and it is for the court having jurisdtc-
ton to determine whether they have
dealt fairly with the plaintiff, Mrs. Sal
lie F. HillmOn in refusing to pay the
death loss and in the litigation of the
same, pertaining to her deceased hus-
band Indeed that is the very issue to
be tried by the court and 1T is an un-
warranted assumption of authority for
respondent to arrOgate to himself the
summary determination of these queS-
tons; and any attempt by threats or
intimidation or duress on the part OF
the respondent to cOerce o rdeter the
companies from making their defense
in court tends to Obstruct and Impede
is a proper matter to be presented to the
grand jury. 1t would, however, be
strained construction to- hold that the
act was done in the presence of the
court or so near thereto as to obstruct
the administration of justice.
1.-The order to show cause must be dis
missed
After finishing the reading of the
above decision. and the decision in the
stock yards case, Judge Foster next
gave his attention to the empanelling
of the grand jury. He gave the jurors
a somewhat lengthy instruction on
what their duties would be. and was
about to conclude when United States
Attorney w. G. Perry stepped up to the
desk and remarked:
THE McNau matter, Judge"
ooh yes" said Judge Foster. Then
clearing his throat and turning to the
jury he said:
I'm a case recently brought to the at
tention of the court it is claimed that a
duress to impede and Obstruct the due
administration of justice in a case now
pending in the United States court, and
it will be your duty as jurors to in
ouire into this matter. If you find the
charge to be true it will be your duty
to return such party or parties to this
court to be dealt with according to law
Gentlemen, you may now retire.
Neither the attorneys for the inSur-
ance companies or McNall were in the
court room at this time.
The work of the grand jury will now
be watched with a great deal of inter-
est.
Rao1isi+io,, Fo- Co++Ia Tt,iaF