Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-28
PETITION FOR INJUNCTION
POLICY HOLDERS ENTER SUIT
AGAINST MUTUAL INSURANCE co.
Court Asked to EniOfn Cancellation
and to Insure Right to
Vote.

Jesse B. Wilson, Andrew Archer, Charles
N. Lehman, Frederick A. Tschiffely, jr.,
and Samuel II. Walker today, through At
| torneys H. E. Davis, Wilton ]. Lambert
and D. w. Baker, filed a bill in equity
against George T. bearing. George c.
Walker, Timothy w. Murphy, r. II. John
son, w. A. H. Church, l. Pierce Boteler
and the Mutual Fire Insurance Company,
a corporation asking that the court enjoin
the defendants from refusing to reinsure
their property in the defendant company
for the year 1901, and from refusing to al
low them to vote as policy holders at the
approaching annual election to be held jan
uary 81
The bill covers about twelve typewriter
pages and states that the defendant COM
pany is a corporation duly chartered by
Congress. having a place of business in this
city; that the defendant Boteler is the sec
rotary of the company, and the other de-
PENDANTS are members of the board of man.
ayers thereof. 1t is alleged that by the act
of incorporation the policy holders are
members of the company, and that the
compliments have interests therein amount
ing TO about $4,000 worth of insurance for
which they deposited their premium notes,
and in some instances paid premiums for
several years in advance; that each policy
holder is entitled to a vote at the approach-
ing annual meeting for each risk held by
him; that each of the complainants have
for many years been active members of the
company, and the complainant Wilson was
Tor seventeen and the complainant Walker
for one year the president of the company
duly elected and qualified.
Notice of Cancellation.
1t is further alleged that Notwithstanding
the fact that none of the complainants have
ever been guilty Of any act for which the
charter or bylaws authorizes policies to be
Cancelled, they were served with notices
upon the 18th and l4th days Of March,
1900, informing them that the defendants
proposed to cancel all policies held by them
at the expiration of ten days from that
date; that on the 22d day of March they
secured an injunction from the Equity
Court enjoining such action on the part of
defendants. of which the latter had imme-
date notice. and which it is claimed is
still in force, but it is averred notwtn-
standing the injunction the defendant
Boteler, either of his own volition or at
the instigation of his cO-defendants, upon
the 23d day of March entered the policies
| Cancelled upon the books of the company;
that this action taken within the
ten days and after the issuance of the in
junction. on which account it is claimed to
be void and of no effect.
Il is also alleged that though the COM
piainants have made tender of their pre-
miums for the year 1901 the defendants
have refused to receive the same, and it is
charged that the defendants have con-
spired to defraud the compartments of their
rights and prevent them from taking part
IL the coming election
The court is asked to enjoin the defend
ants from continuing the entry of can
collation. upon their books, from refusing to
recognize them policy holders, and from
refusing to allow them to participate in
and vote at the annual election.
Justice Bradley today granted a tempo
rary injun ction, hearing being set for jan
uary :, 1901