The San Francisco call., 1905-08-01


Court of New York County in the name
of the people of the State of New York
against the Equitable Life Assurance So
ciety and its officers, directors and mem
bers of the executive and financial COM
mittees, all of whom are named in the
complaint. The defendants are the Equit-
able Life Assurance Society of the
United States and the following individ-
uals:
james w. Alex Gage E. TarbeII.
ander. Marvin Hughitt.
Louis Fitzgerald. Chas. ID. Alexan-
Chauncey NJ. Dee der.
pew. Thomas Dewitt
Henry c. DEM CuyIer.
ing. asa-celIux Hart
iius n, ley Dodge.
1, Joseph +. de Ma
~ varre.
L. Bradish johnson.
c,4r Joseph p. Lowe.
Valentine p. Sny- "
der. A i
W., .I..ao Levi p. Morton.
-, 1,(,, August Belmont.
james b. FOrgan. D " "s
n. coin.
Melville T.. In George j. Gould.
gals. John sloane.
lame. RI. Hvde. George II. Wilson.
Alexander y Cas- Thomas Il. Eek
satt. ert.
Jacob H. ScbiF. VIM. II. Mcintyre.
Iomes n uiu. Henry w. Alex
n. Jefferxop Con- ander.
Iidge. Henry C. Frick.
Alfred Nj. Van Samuel III. Inman,
derbiIt. Henry G.. Haar-
John Jacob As stick.
tor. David HI. Mofatt.
William c. Van Henry r.. Win
Horne. throp.
A week ago, before the papers were
completed, Edward H. Hartman, on the
eve of his departure for Japan, accept
ed service of the summons In the pro-.
posed action, and to-day many of the
other defendants, including James H.
Hyde. We're served through their private
counsel. The defendants are allowed
twenty days from the time of service
to file their answers.
The complaint contains twenty-one sec
tions and covers thirty-three pages of
typewriter matter. 1t refers to the
Frick committee report and the inyesti-
CATION made by State Superintendent of
Insurance Hendricks. It is based on in-
formation and belief and Attorney Gen
eral Mayer, in his prayer to the court,
says chat the action was brought in be-
half of the people of the State of New
York In the public interest and pursu-
ant to the provisions of law. He there
fore asks
l. That the defendants, each of them,
other than the defendant the Equitable
Life Assurance Society Of the United
States, account for their official conduct
In the management and disposition or
the funds and property committed to
their charge.
g. That the individual defendants and
each of them be compelled to pay the
defendant, the Equitable Life Assurance
Society, any money and the value of any
which they or any of them have
acquired to themselves or transferred to
others, or lost or wasted by a violation
of their duties.
2 That any defendant or defendants
now director or directors or officer in
the defendant society. upon proof of mis-
conduct, be removed, and that a new
election be held by the board of the de-
fendant society authorized to hold same
in order to supply the vacancy or vacan-
cies created by the removal.
A. That the net surplus of defendant
society. after deducting a sufficient
amount to cover all outstanding risks
and obligations, be paid to or credited
70 or applied for the benefit of the pres
ent policy holders in EQUITABLE proper
lion. in accordance with the charter and
with the law.
S. That the plaintiff have such other
further relief as may be just equitable
aud profitable.
WITH SOCIETY'S FUNDS.
The COMPLAINT charges that the indi- |
vidual defendants, disregarddng their
luty to the society of which they were
directors, "negligently, improperly and
performed such duties and
nave habitually and continuously done, |
Or suffered to be done, wrongful, Illegal
and improper acts, whereof the defend
ant society has suffered great loss and
lamage."
The individual defendants are further /
charged with having acquired to them |
selves. or caused or permitted to be |
transferred to others, in violation of |
heir duties, money, property and the |