New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-09-05
QUESTIONS FOR TARBELL.
WILL PROBE REBATING.
EQUITABLE Solicitors File Demurrer
In Suit of J. ". BroWn.

II said last night that the legislative insur-
ance investigation committees examination Of
Gage T. Tarbell. third vice-president of the Equ-
table will he largely devoted to the question of the
prevention Of reba ting.
The legislative committee is of opinion. 1t is said
that the law against Relating is frequently evaded
by giving and accepting the rebate out of the State
As told already in The Tribune. many policyholders
believe that the apsng of policies is largely due
20 Relating rebatng itself according to others,
the system of advances TO agents is responsible.
in many 1t is expected that Mr.. Tarbell VIII
be able materially assist the committee in franz
ing recommendations looking TO the abolition of the
rebate evil
Under date of Yesterday Henry ". Odion. OF
Brooklyn. has written an open letter to Sena tor
". W. Armstrong, the chairman OF the legislative
committee. asking whether the committee Will
probe the subject of rebates pollcy premiums
deep enough to disclose the alleged failure or the
Insurance Superintendent enforce the law. Mr..
Odion declares the law has been violated in thou
sands of cases. soliciting agents and policyhoders
being both to blame
Alexander & Green solicitors for tho Equitable.
filed in the United States Circuit Court yesterday
a demurrer In the suit in equity brought by Colonel
]. Wilcox Brown. The demurrer asks that the
DEFENDANT society be not compelled TO make any
answer to Colonel Browns bill Of complaint and
contains in all eleven points The first two points
aIlege that the bill does not contain any question
NJ eor,itv hut discloses that the complainant has
an adequate remedy at law.
The third point SAYS: The complainant has no
legal capacity to sue for the that the judg
n,ent or decree sought by him will necessarily
provide for an accounting for enjoning. re-
strainng or interfering with the prosecution OF
the business Of the defendants. which is a comes
tic insurance corporation OF the state OF New
York and that this suit cannot he maintained eA-
cept upon the application Of the Attorney Cen
oral NJ the State of Network, on his motion or
after mis- approval OF a request in writing there-
for of the Superintendent of Insurance, as pro-
,4ded by section IS Of the insurance law OF the
State Of New-Tork
Points four and five of the demurrer say that ,he
complainant has no interest in the subject OF the
BILL which does not disclose facts surncient 10
entitle him to the relief prayed for.
The sixth point Of the demurrer says: There Is
a want OF proper parties plaintiff. IN mat COM
plainants wife Turner W Brown ana ms chiiaren
mentioned and described IN the DILL are
Other points OF the demurrer allege that the Of
ficers directors, stockholders annuitants ana tne
other policyhoiders should have been made parties
defendant as they are to be affected by the tuds-
ments and DEGREES asked for by the complainant.
Compliments bill lnultifarious: IN that there
joined therein several ana dhsthGr ana ia s
alleged cause of action Tor an accountng' ana an
ton of defendants property and business OUT OF
the hands Of this defendant IT'S oHcers ana
agents" -,. ..
rer TO RroyIl's amended and supplemental bill of.
complaint is well founded in law and proper TO BE BE
the Equitable. in an accompanying affdavlt, says
that the is not 5Gr fheen
pohe is possbie that Colonel browns attorneys
may sygo as5 Msrsha upon his return to town from
Canada. could not be seen up to late hour LAST
night. ,,..,,,- o,.,,..,,
did not return to town yeS6Grda ANAL rspars,ieHa
for the opening public session tomorrow