The Topeka state journal., 1902-07-12
WON'T Be TRIED.
Phillips Suit Against Kansas
Mutual Adjusted.
Action in Federal Court Practi-
cally Amounts to Dismissal.
ONE STILL HANGS FIRE
That of Alexander McWhirk
May Be Tried.
Big Hite Libel Suit Goes by
Board.
ONE STILL HANGS FIRE

Judge w. C.Hook of the United States
circuit court, has notified all the parties
interested in the cases against the Kan
sas Mutual Life Insurance company to
appear in court here on Wednesday,
August 6, at which time 1t has been
agreed in the Phillips suit that a judg-
ment will be accepted on the pleading
of the suit is that on file in the office
taking of testimony. This practically is
a dismissal of the suit The Alexander
McWhirk suit will be prosecuted, how
ever.
The case against the Kansas Mutual
has taken on some new phases. Two
suits were originally filed, one by D. R.
Hite and one by Waters & Waters for
H. M. Phillips and Alexander Nc
Whirk, respectively, both of Kansas
City. Mo. They are Nos. 8021 and 500
respectively in the records of the court.
The bill of complaint against the in
surance company filed by D. r. Hite
was much more comprehensive in its
detail and the language in which the
charges were framed was much more
serious than that of the bill of COM
McWhirk. D. r. Hite was the examiner
of the state insurance department of
Kansas who made the examination of
the books of the Kansas Mutual COM
pany a few years ago.
The suits are based upon the legality
of the actions of the officers of the
company changing the style of the COM
pany from the assessment plan to the
old line plan of insurance, and also en-
brac1ng charges concerning the diSpO-
sition of certain monies that 1t is charg-
ed were misapprOpriated. Also it was
charged that the money that was COL
lected from the assessment policy hold
ers for the use of the company in pay
ing death losses to the members hold
ing assessment policies was transferred
to be used as a reserve fund for the old
line policy holders of late years. 1t is
also charged that many of the old
policy holders had to give up their
policies because they could not afford
the new policy.
The suits were to determine the rights
of these policy holders. In each in
stance the suit was brought on behalf
of the plaintiff and ali other policy
holders similarly situated.
few weeks ago the insurance COM
pany introduced an order for the dis
missal of the Phillips case before Judge
Hook at LeavenWorth which was con-
sented to by Mr.. Phillips, the plaintiff.
Joseph Waters filed objection to the dis
m1ssai on the grounds that the suit was
brought on behalf of Mr.. Phillips and all
other policy holders similarly situated,
and that there was no expression from
the "other policy holders as to whether
they wanted the case dismissed. In
this obpectionTAOIMRFD
his objection Mr.. Waters asserted there
was collusion between the insurance
company and the plaintiff whereby a
settlement was made. This, he assert
eo, would probably prejudice the case
1t has since been decided by the par
ties 10 this case to accept a judgment
from the court upon the pieadings filed
in the suit, which virtually amounts to
dismissal of the case, if the plaintiff
does not see fit to prosecute after this
hearing.
The suit was for temporary fnjunc-
tlon against the officers of the insurance
company restraining them from draw
ing their salary from the company and
numerous other things and asking for
the appointment of a receiver for the
company.
Shortly after the filing of the Phillips
suit, d. r. Hite filed in the Shawnee
county district court another suit
against the company asking DAMAGES
In the sum of $4,000 for s1ander or libel.
An entry was made this month with
drawing the objections to the demur
which means that the suit wont be
tried.