New-York tribune., 1905-04-26

quest immediate action upon the petition hereto
lore boTe pTesentfd % TO me by yo9 ana 70 say The % 1et
tion. stated by you. asks for the Attorney Ger
against oertain 'I directors Of the Equitable Life
Assurance Society Of America TO recover Iunos
Judge them disqualified TO hold office in any in
sqranee company and for general Telifi ., that
part OF your petition which asks that certain Cl-
bold ofice. the consent Of the Attorney General
Is not necessary In order that, IN oenati ot your %
client Mary S. ioung (whO IS a stock kholcerl you
may begin an action in equity for the purposes
set forth in your petition. assuming OF course; as
alleged y you, that the corporation IS po"eslesS
think perhaps some msappTehsnsion exists ,a as
tain an action TIC TO % S1ge5 If the the caT6oPtion Whc
you claim they have wasted. There are numerous
kind in which the people Of the State represented
by the Attorney General were not a party, I}+ ~.
~ 45iscn5dnct whether in violation of Section S6
of the insurance law or of any duty, would neces-
sarily followed by action brought Oy " AZ
from ohfce and to declare them forever disqualified
from thereafter holding any such office In any IN
AS You know provided in section sos Of the
neS @ he I9aiItoined in behaIf of the people
OF the state" in such case he must bring the
action accordingly or apply 70 eoinpeIenL ; Eoci
foT leave 10 oFinS an aeS1 1 sS With the cses in
which the duty of the Attorney General has been been
that the Attorney General must proceed upoa
proof. and have good reason 10 DeIleNe ILdI
upon the facts. he can maintain the action.
All the facts now being aSCeTtained Dy the
Superintendent Of Insurance, the officer charged
by the law with that duty The power OF the
superintendent of Insurance in such respect Is
full and comprehensive He can examine or cause
to be examined under oath every officer and agent
or papers relating its business affairs. The
examiners appointed by the Superintendent OF In
surance are required by law to make full and
true report Of their examination. verified by their
oath Such report is of unusual importance be
cause the law makes ii preSumptive evidence IN
any action proceeding in the name OF the people
against the corporation. its officers or agents, or
the facts stated therein.
On the other hand. in your petition you say that
many OF said charges arc matter or common
newspaper report and the subject OF magazine ar
ticleS.'' and yCu further base your Information
upon conversations with persons whom you do not
name. although you state that they are not OF the
official force of the corporation. and YOU 1urther
charge that the truth of these statements can be
directly proven by the books of tn society and
the officers thereof. a branch of the inquiry which
is now being conducted. 1 have above stated,
by the Superintendent of Insurance
l think l have called YOUR attention sufficiently
cannot dispose OF your petition at this time The
responsibility for beginning an action in the name
OF people of State IS upon me and II YOU are un-
willing wait until finally determine Ine course
TO be pursued. when all the facts are before me.
then I-SnOw of reason TO prevent you. in the
name of your ClieLt. from bringing proceedings
for almost every purpose which YOU seek 70 ac-
complish by your petition. Yours respectfully,
JULIUS NJ. MAYER Attorney General