The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-08-01
EQUITABLE IS SUED.
Action Is Begun in the Name of the
People OF New York.

New York, Aug. IAN action has
been instituted by State Attorney Gen
eral Julius NJ. Mayer in the supreme
court, New York county, in the name
Of the people of the state OF New VOTE,
against the Equitable Life Assurance
society, its officers, directors and mem
bers of the executive and finance COM
mittees, all of which are named IN the
complaint. The defendants are: Inc
Equitable Life Assurance society OF the
United States and James W. Alexander
Louis Fitzgerald, Chauncey NJ: DepeW'
Henry c. Deming, Cornelius N. Bliss
George H. Squire, Thomas D. Joroah'
Charles S. Smith, Valentine r snyder
Alvin w. Krech, William Alezanoe r.
John ]. McCook, James B. Forgan, =
Ledyard Blair, Brayton Ives, Melville T.
Ingalls,, James P Hyde, Alexander J.
Cazsatt, Jacob H. Schiff, James ]. HILL
T. Jefferson Coolidge, Alfred G. Wander
bilt, John Jacob Aston. William =.
Vanhorne. Gage E. Tarbell, Marvin
Hughitt, Charles B. Alexander, Thomas
Dewitt Cuyler, Marcellus Hartley
Dodge, Jose F. DeNaVarro, Braaisn
johnson, Joseph P. Lowe, John A Ste
wart. Edward H Hartman, Levi p
Morton, August Belmont, Darius O.
Mills. Robert T. Lincoln, George J.
Gould. John Sloane, George T. Wilson,
Thomas T. Eckart, William ID. Mcln-
tyre, Henry NJ. Alexander, Henry e
Prick, Samuel NJ. Inman, Henry g
r. Winthrop.
week ago. before the papers were
completed, Edward H. Hartman, on
the eve of his departure for Japan, &C
cepted service of the summons IN the
proposed action and today many OF the
the other defendants, including James h
Hyde were served through their private
counsel. The defendants are allowed
twenty days from the time of service to
file their answers.
Complaint Is VoIuminOus.
The complaint contains twenty-one
sections and covers thirty-three pages
of typewriter matter. 1t refers to the
Prick committee report and the IN
vestigation made by State Superinteno-
ent of Insurance Hendricks; is based
ION information and belief" and Attor-
ney General Mayer in his prayer TO
the court says that the action was
brought on behalf of the people of the
state of New York in the public inter-
est and pursuant to the provisions OF
law. He therefore asks:
"First-That the defendants. each of
them, other than the defendant, the
Equitable Life Assurance society OF the
United States, account for their off1cial
conduct in the management and dis
position of the funds and property
committed to their charge.
"Second-That the individual de-
PENDANTS, and each of them, be COM
PEELED to pay the defendant, the
United States, any money and the value
of any property which they or any OF
them have acquired to themselves. or
transferred to Others or lost, or vast
ed by violation of their duties.
"Third-That any defendant, or de-
PENDANTS. now director or directors or
officer in the defendant society. upon
proof of misconduct, be removed, and
that a new election be held by the
board of the defendant society, purely
authorized to hold same, in order to
supply the vacancy or vacancies Great
ed by the removal
"Fourth-That the net surplus of
defendant society, after deducting
sufficient amount to cover all outstand-
ing risks and obligations. be paid to,
or credited to, or applied for the bene-
fit of, the present policy holders in
equitable proportion. in accordance
with the charter and with the law.
"F'ifth-That the plaintiff have such
other further relief as may be just,
equitable and proper
Are Asked to Make Good.
The complaint charges that the indi-
vidual defendants, disregarding their
duty to the society of which they were
directors, 'negligently, improperly and
improvidently performed such duties,
and have habitually and continuously
done, or suffered to be done, wrongful
illegal and improper acts, whereof the
defendant society has suffered great
loss and damage"
The individual defendants are fur
ther charged with having acquired
to themselves, or caused or permitted