Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-02-17
A Case That Involves Three Hun
dred Millions of Insurance.
POINTS OF INTEREST
strauss VS.. tho Mutaa, Rescue Life
Associntiom-The Right of tho Cons
pHny TO Advance As.os.mon,s or
Policy Holders In Certain Cases
nnd the vn,id,,y ofa class OF Poll
cics Questioned Serious shooting
Masonic Orator.

Raleigh, N. C.,Feb. 1G.--Perhaps tho
biggest suit ever argued in this State
was closed in iii Supreme court
yesterday after argument consuming
three days.
This was the case of Strauss VS.. Mu-
tual Reserve Fund Life Association,
and involves the existence of the COM
pany and s3oO.Ooo.oOO OF insurance.
In 1851, the association was organized
and by 1890 had issued over 100000
900 of insurance on the mutual plan
that is, at actual cost for each year OF
insurance and 25 per cent. additional
for the reserve fund, which was requir-
ed by the New York law to be kept on
hand for the security Of policy holders
to be used in case of emergency to
keep down assessments and finally to
be returned TO the members.
In 1880 another class of members was
instituted upon Il different plan, which
contemplated Il level rate for the first
ten years, and whose assessments were
higher than the former class, age for
age, for the same amount
In 1886 still another class, known as
the five year class was established, the
members of which were entitled to share
III lilC sui plus dl LIc GtlQ VI live years
from date or issue Of the certificate of
membership. In these last two classes
over S200,000.000 of insurance was issued.
In 1897 1t was ascertained that the
first class. having been assessed at
ages OF entry, had failed to bear their
equitable proportion of the expenses of
the company, and under the direction
Of tho insurance commissioner of New
York 1t was required to advance the
assessments to those OF attained ages
they having exhausted the reserve fund
md having had the benefit Of sS50.0OO
OF the contributions made by the five
and ten year classes.
The association claimed the right to
make this advance, under q provision
In their bylaws which authorized the
directors to create new classes with
different benefits. and therefore differ
ent burdens. The plaintiff, whose as
scssments were very materially in
creased refused to pay the assessment
and allowed his policy to lapse. IIe is
now suing for the return of all his as
sesSments upon the ground that the as
ISOLATION had no right to assess the five
ana ten year classes at ages of entry,
although they were paying more than
person entering the other class at the
same time and having the same amount
of insurance, upon the ground that the
bylaws required the association TO
collect the same amount from each
If the court shall hold that the as
sessment was for this reason illegal, il
will necessarily invalidate all of the
100000, 600 of insurance which is now
being carried by the ten and five year
classes. and will cause the suspension
of the association.
The cnSe WINS argued by Hon, W. w.
Clark for the plaintiff. and Niessrs.
Tying. Shepherd and Hinsdale for the
defendent.
ANOTHER SERIOUS SHOOTING.
y special from Greensboro says:
The Wilkers5n distillery, near here was
the scene of another serious shooting
affair yesterday about noon. Chas.
Hummel. Il white man, quarrelled with
his son Ross-both were drinking. when
the two Erappled and in the scufTle the
shoot. The ball passed through the
sons chest. Hummcl came up town ut
once and gave himself up to the slYeriff.
The boy is In critical conditionrand
will most probably die.
MASONIC ORATOR.
Grand Master b. S. Register has APP
pointed Col. a. c.. Davis n prominent
lawyer of the Goldsboro bar Grand
Orator at the next meeting OF the
Grand Lodge of Masons in Raleigh
January. 1901, and he has accepted the
honor conferred upon him. Colonel
Davis is q talented gentleman and q
capital good speaker and will be sure
10 give his brother masons something
good.
ELIZABETH CITY.