New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-18
REFUSED BY PEABODY.
GUARDS MUTUAL BOARD.
Justice Peckham Demands Suit
Against McCurdy.

Justice Rufus ". Peckham. of the United
States Supreme Court has written. under date
Of February j.. a letter TO William H. Trues-
dale chairman of the Mutual Ilfes houseclean-
ing committee urging the company TO bring ac-
ton against Richard A. McCurdy before the ex-
president leaves the country.
Mr.. Truesdale in HIS reply stated that Joseph
H Choate. after hasty examination. believed
the company had cause Of action against ex-
President McCurdy."
With consent of President Peabody Of the
Mutual Life the chairman OF the committee
made public letter from Mr. Peabody TO the
committee under date Of February 49, wherein
Air. Peabody declares he feels he has no right to
conduct an inquiry into the relations Of the
trustees officers and employees of the company
with certain corporations. individuals etc. as
requested by the committee Mr. Peabody's let
ter is addressed TO Mr.. Truesdale. and is con-
sisered highly important. in view of the recent
developments eliminating in Mr.. F1sh's
.gnation from the committee.
In statement which William H. Truesdale
issued On Mr Fish's resignation from the Nut
ual Life committee, the chairman indicated
that the work of the committee will go forward
vigorously.
Il was the letter of Justice Peckham, who is
an ex-trustee Of the Mutual which caused the
SIR. Peabody consenting 10 the publication. Jus
tice Peckhan's incisive letter. which is headed
Washington, D. c." and is addressed 10 Mr.
Truesdale 'and others" OF the committee. is as
follows:
see that II is publicly stated that Mr. McCurdy
IS preparing leave for Europe. to remain indeh-
nitely and ] think IL would be an inexcusatde mis-
take for the Mutual Life Insurance Company to
permit him 10 leave the country without the com
mencernent Of action against him in the name
of the company 10 recover the money he may
The Attorney General might properly find fault
that the company was not itself doing its utmost
McCurdy. The chief delinquent in the case I take
The greatest interest IN the NATTER and feel as
parture Of Mr. McCurdy for Europe Does 1t not so
gave authority 10 the president to commence any
sn5 srb Go, counsel ADVISED as 70 Mr. McCurdy that
IN action could be maintained against MN; l,,
Surely further delay ought 20 be had which
might result in Mr. McCurdys departure without
! vy-,te YOUR committee because your action car
ries great weight hope it may be IN the line 81
against Mr. McCurdy.
MI Truesdale's reply 20 Justice Peckham. un-
der date of February Il. follows:
: beg 70 acknowledge receipt of your, letter ot
The l2th inst addressed 10 myself and fellow mem
bers ~ the special committee of the Mutual LIE
Your views as to the advisab ablity Of the Mutual
LIE Company at once beginning suit against MT
s @ efre ne asd s9VeS y its e e0d hs other
berF q committee will be fully advised at once
u Is fact as YOU state IN your letter. that our
committee on December last. in special report
nnended that actions be taken against Mr. Richard
Charles il RAYMOND & co. TO recover excessive
amounts for salaries, commissions and other al
loWsuces made them in recent years. At meeting
OF the board held January 4. this report ana
recomnendations contained IN II were by action OF
me board referred 10 the president OF the
with instructions 10 take legal advice on the matter
and recommendstions on the subject The new
president Mr.. Peabody. referred the matter 10 the
Hon Joseph Fl. Choafe, and the latter. in letter
dated about January 30 advised the president that
ewing 70 various engagem1ens and one W., Wnch for re-
few days. Il had been impossible for him 20 give
70 m I anR 6uf hat om the e hasfy examnation he
hsd given he beeyed The c9mpsny haa cabse ss OF OF
ar early dete he would give further opinion Gov
eTtng the several matters submitted to him In de-
The president reported this letter Of Mr.. choate
board thereupon passed a resolution directing the
President 10 take such legal steps as MT Shoate dt
! have had one or two personal conferences with
he has advised that he is expecting the further
that ,Ipon receipt OF same he would proceed at
once with the institu,. OF any suits that might
The members Of our committee are sil OF one
Il The report @ Of Deoenber r. which have re
The members ~ the Mutual board are fully ad-
Vsed ot oniy from this opinion but in other ways.
how our committee feels on this matter and for
tIiF reason DO not see what further acuon We can
now take regarding same.
J have taken the liberty OF forwarding COPY OF
your letter 20 President Peabody for his informa-
don and guidance - -
Referring 10 the letter OF December g. 1906 from
the special committee OF which you are chairman.
addressed 20 Frederic Cromwell. and handed 10
me as his successor in Office by him for attention,
and following the lines suggested In the several
interviews with you and the other members OF
your committee on the subject beg TO submit the
Tbe letter conternnsstes among other things the
Continued ninth paRe.