The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-09-02
UNDER CRAIG LAW
This Case May Go to the
Highest Tribunal.
Meanwhile the Military Court of In
quiry Holds Another Session and
Adjourns Subject to Call of
Its President.
Especial to News ana Observer

(SDecldl TO news dIu ODSe1NSG.D
Durham, n. c., Sept. Late last
evening matter was argued in cham
bers before Judge Bryan, the final de-
cision of which will be interesting to
people all over the State. The mat,
ter will test that feature of the Craig
law which places the. power of attor"
ney in the hands of the insurance
commissioner for all foreign companies
doing business in this State. The State
courts have decided this in favor of
the Craig law but the present suit Will
be taken to the United States Court
of Appeals and possibly to the United
States Supreme Court.
The action is that of w. II. Rogers
of Durham, against the Mutual Re
serve Fund Life Association. Col.
John w. Hinsdale, of Raleigh, ap
peared for the company, and Mr.. Sid
ney G. Chambers of Durham. appears
for Mr.. Rogers. Yesterday afternoon
Col. Hansdale moved to dismiss the ac-
ton and this being refused he ap-
pealed with the idea of carrying the
matter to the United States Court.
The case is this: Mr.. Rogers carried
a life Insurance. policy in the COM
pany named and claims that the COM
pany violated the contract by increas-
ing rates. He dropped his policy ana
sued for some $4,000 he had paid in as
premiums. After the passage of the
Craig DEMONSTRATING Act the company
came into the State but later with
drew. The company contends that by
Withdrawing the power of attorney
given Commissioner Young was re-
voked. The State courts declare thal
this cannot be, in that if this was al
lowed valuable interests now in this
State by reason of the company having
once domesticated would be destroyed
or greatly damaged.
The matter will probably reach the;
Circuit Court of Appeals by the Jan
uary term.
The Court of Inquiry.
The military court of inquiry held
a session today and then adjourned
subject to the call of ire president
of the court, Col. j. G. Niche. The
next session will probably be the last
one at which testimony will be taken.
The adjournment now is for the pur-
pose of having some witnesses sum-
moned All resident witnesses haVN
been examined. The court now wants
one or more out-of-toWn visitors ana
these will have to be summoned
through military channels. There is
one resident witness. who is now n
St Louis, who will be examined upon
his return to Durham.
Regarding the actual accident the
court has secured all the evidence nee
essarv. The court has been told Of
how the men left the train at Le-
Grange, of their going on top of the
train, both in violation of orders, and
then of the killing and the finding OF
the bodies. The officers and several
enlisted men have told their story o.
what ocurred McDade. who was
wounded and was sitting by the side
of a man killed, has told what he knew
about the matter. The railroad con-
ductor and engineer have both told
of what they knew of the matter.
Lieutenant Ramsey, who was in COM
mand of the company at the time of
the killing has told of how it was re-
ported to him that there were some
men on top and of how he went to thu
conductor, asking him to stop hii
train that he might order them down,
and the conductor telling him that
GoIdSbOro was the next stop. The evil
dence now wanted by the court of in
uuiry must be in the nature of what
orders were issued. what should have
been ordered, or something of that
kind.
1t is more than probable that the
next session will not be held before
the latter part OF next week and pOSSI-
bly, not until a later date.
Fletcher Gates. who was hurt While
on top of the military train near
Goldsboro, came home last night. He
is getting along nicely and was able
to walk about the streets after getting
off the train. He was accompanied
home by his sister. who remained with
him from the day following the acci-
dent. His wife, who went to him and
remained during the critical period of
the time since the accident, came home
several days ago.
A damage suit against the Western
Union Telegraph Company has beer
COMPROMISED and the necessary order
signed bv Judge Bryan. S. B. Lee waI
the plaintiff in this action, ana he sued
for mental anguish caused by the fail
ure of the company to deliver a tele-
gram telling of his baby's death. He
c. w, Mason, 7S years old. died sud-
denly at the home of his son-in-laW,
J. E Suit, register Of deeds. tonight
at eight o'clock. He was taken after
five o'clock and died from hemorrhage
OF the lungs.