The San Francisco call., 1898-03-20
Attorneys Goodfellow and Garber Tell What They
 Think About Him.
Close of the Argument on the Motion to Restrain the
 Commissioner
The Officials Action Declared to Be Arbitrary and Totally Without
 Sanction of Law.

The two days argument on the appll- cation of the foreign insurance com panies for an injunction against the threatened acts of Insurance Commis- sioner Clunie came to an end yester- day in the United States Circuit Court before Judge Morrow. John Garber and Mr. Goodfellow closed for the com panies, and incidentally roasted MT. CIunie for his conduct in attempting to drive millions of capital out of this State.
 They contended that the alleged law under which the Commissioner pre- tended to act had been declared uncon- stitutional, and that Clunie had been guilty of bad faith by threatening to revoke the certificates of the companies and then coming before the court by his attorneys and denying that he had so threatened.
 MT. GoodfelIow said that Clunie had calumniated and sullied the fair name of the State. His action had been arbitrary and without reason.
 How can you expect" asked the at torney, English capitalists to come here and invest their money to assist us in developing the natural resources of this State when they are told that the laws are administered in such a way that the Insurance CommisSi toner is allowed to discriminate between cor porations, faVoring some and oppress- ing others ?''
 With reference to the statement made by Clunies lawyers that he never in- tended to revoke the certificates of the foreign insurance companies, the speak CT said that if such were the case he could not suffer if the court should grant the injunction applied for. which was to prevent him from doing that which he said he never had intended to do. Clunie was simply resorting to that course for the purpose of evading the process of the United States Circuit Court, and Of forcing the companies to pay an illegal tax to the State.
 He has made threats publicly" add ed the speaker. He has advertised all through the State through his organ, the Examiner, and with degree of as surance 1 have never seen equaled he states broadly that the purpose of mak- ing these companies give new bonds was that his approval of them will de- pend upon whether they will pay this tax or not. His action is iniquitous."
 John Garber closed the argument and said that as the State of California, construing the decision of the Supreme Court, never imposed that alleged con- dition upon the companies, Clunie had 70 right to impose it. He could not decide that question of comity. Clunie could not place himself in the position - of the State. The State had already de- cided that matter
 By what warrant of law, he asked does Clunie say T will refuse to accept any of your bonds; I will order you to leave the State unless you comply with this condition," which is no con- dition at all? He would have no more right to do that than he would have to say, Unless you pay me ten thou sand dollars I will drive you out of the State.'
 "On what ground can he make him. self the Legislature of the State of Cal ifornia?" asked Mir. Garber, and say T entact and declare that in addition to what is said in the statute this in surance compact is illegal, and unless you dissolve it I will drive you out of the State?' Clunie has arrogated to himself the right to pass another law and say Unless you do this will drive you out of the State" "
 Judge Morrow said that he would render decision in the matter as soon as possible, which would be as soon as he could have an opportunity of exam ming the authorities submitted to him by the counsel on both sides.