The Providence news. (Providence [R.I.]) 1891-1906, 1905-10-04
New York Life Insurance Co.
Po|icyho|dsrs Are Petitioners.
ATTORNEY GEN'L CONSIDERING
Suit 10 Ba Based on ContentIen That Cam :
paIgn Fund Payment BY Mccall and
Perkins Was Unauthorized.

New York, Oct. 4-Permission TO begin
suit against John A. Mccall. president.
and George w. Perkins vice president,
OF the New York Life Insurance company.
for the restitution Of $4,000 contributed
to Republican campaign funds. was asked
OF Attorney General Mayer yesterday by
William III. Russell. acting as attorney for
several polcyholders.
Under the laws OF this state. the sane
ton of the attorney general is required In
order 10 bring suit OF this character.
Mr.. Russell said the suit would be paseo
on the contention that the money paid 10
the national Republican committee was
expended by Mccall and Perkins without
corporated authority.
the restitution OF s2S 900. which Mr.. Nc
Call testified had been placed in the hands
of Andrew Hamilton OF Albany; m Ihe
are Walter Goodyear. Lcmuel ID. Lilly and
William II. Winslow.
MAYER RECEIVED REQ EST
Albany. ~. Y. Oct 4.-Attorney General
Mayer last evening received the letter or
William Hepburn Russell. asking pernis-
eion in behalf OF policyholders. TO sue the
officers OF the New York Life Insurance
company for the restitution OF money con-
Mr.. Russell says: I'VE are convinced
that the only way in which the very grave
public question involved in this matter
through an action in the right OF policy
holders. brought In behalf of New York
fAfe Insurance company 10 compel It's DE.
for their misuse Of the corporate funds In
I'VE do not always believe that an ac-
this specific evil and we. therefore, ask
You TO consent 10 the institution by US. In
behalf Of our clients above named and
other policyholders as may join with them,
OF suit or action.
I'VE expect 10 show that relief through
corporate action is impossible, because
the same stick. so far as the misapplica-
tlon OF the corporate funds is concerned
and action by the policyholders eollee-
ment. The only relief therefore Is
through an application to the courts"
Albany, N. Y, Oct. 4-James II. Hyde
the Equitable Life Assurance society. yes
terday through his attorneys, Guggen-
heimer. Untermyer and Marshall. f1led
with Attorney General Mayer a demurrer
TO the attorney generals complaint in the
blanket action through which the members
Of the old board OF trustees OF the Eauit
able would be required TO restore 10 the
society moneys improperly expended or
diverted TO their own use which belonged
TO the society.
II is contended in the demurrer that the
complaint does not state facts sufficient
TO constitute cause OF action. even in
single subdivision. and that the several
causes OF action suggested by the attorney
general have been improperly united in
the complaint
The dime within which the direction
must file an answer 10 the attorney gem
erals complaint expires Oct rs and Mr.
Hyde and Thomas T. Eckert have nled
demurrers which Attorney General Mayer
has noticed for argument in the supreme
court, First Department. i'm November
next.
Appeals on these demurrers will got
reach the court OF appeals and decision be
secured thereon before next spring The
only other members OF the board OF direc-
tors who so far has filed an answer TO the
attorney generals complaint In Alvin
Krech who states he was director for but
O short time and knew nothing about the
operations of the society