New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-20
SUMMONS FOR HAMILTON
TRUSTEES Start SUIT.
Judge Not Surprised-Seth LOs0
FGCOrs Armstrong Report.


has not given Up its night against Judge An
drew Hamilton in spite Of his drastic attack
in the Assembly chamber ar Albany was uade
evident when he was served az the Holman
House yesterday afternoon. shortly after his
rival In this city. with the summons IN an ac-
uon demanding an accounting and recovery or
certain sums which ne expended while acting as
the company's legislative agent. The complaint
has not yet been fully completed. and viii be
made public later
Judge" Hamilton accepted service smllingIy.
declaring that he was not trying 20 avoid any
actions the COMPANY might care 10 take. He in
timated that he might delay the other chapters
In his insurance disclosures. He asked the nat
ure OF the complaint and the amounts involved
The actual service I'm the suit came when the
Fowler committee gave up hope Of getting
Judge" Hamilton before II. II received no reply
to the letter sent him at Albany last week
When the committee learned that he had entered
into an alliance with Thomas ". Lawson, OF
Boston, and others. who desire TO control the
company. ex-Judge Keener was instructed 10
bring suit at once.
1t now seems extremely doubtful that the New
York Life trustees will personally refund the
amounts subscribed to campaign funds IN recent
years On thinking it over they have reached
the conclusion that they are not liable for these
contributions. They realize that if the matter
is ever taken into court taey Will have as COM
pany the trustees and directors of the other big
life insurance companies. of many OF the banks
IN this city and OF hundreds OF corporations
scattered about the country.
On Judge O'Sullivan's advice TO the grand jury
whether or not the giving of money by life in
surance companies constituted larceny will de-
pend the result OF the investigation which Dis
trict Attorney Jerome IS now conducting.
II it was larceny for director OF life IN
surance company TO give funds OF the conpanT
for campaign purposes" said one OF Mr.. Je-
rorne;s assistants yesterday. 1T probably was 2
crime for Senator Platt and Cornelius n Bliss
to receive the money. even though 1t Is sdHllt1=c
that they merely turned the money over TO tho
campaign committees for the payment OF leglti-
mate campaign expenses"
Judge Andrew Hamilton came 10 New York
from his home in Albany yesterday afternoon
The Fowler committee was IN session at the
Hamilton Bank Building, No Nassau street
when he arrived, and Messrs. Mackay and
Payne Of its membership remained until after
o'clock. but heard nothing from the Judge"
John 9. Milburn and ex-Judge Keener, special
counsel 10 the committee. we're IN attendance.
Judge Keener pOstpOning another important
committee meeting because OF the importance
Of the discussion in the affairs OF the New York
Life.
On his return from Europe Judge Hamilton
learned definitely that all hope OF his continuing
IN the service under the present management
was at an end Then. IL IS said. he communi-
Gated with forces which he knew were opposed
TO the present management That he has Joined
them in what promises to be particularly bit
ter fight for control at the next election. either
on April II. or IN November l. the Armstrong
bill can be rushed through in time. is certain
His sensational attack at Albany. according 70
at least Of the attacked trustees, was one OF
the first moves IN this campaign
None Of the present mana cement OF the New
York Life has any idea what agreement has been
reached between the 'reformers'' and the
Judge" That it was his ambition one day 10
become the recognized leader Of life insurance
attorneys and to quit the secret service work is
well known. It was the hope OF the late John
A Mccall. the ex-president OF the company. that
this would be possible and no one had more
faith IN Judge" HamiIton's ability.
Friends OF the trustees attacked in HarnIton's
speech at Albany last Friday have been carefully
reading the report which he sent back from
Paris by John c. Mccall. the present secretary
Of the company Tt was fled with the Arm
strong committee on December y and was ad-
dressed TO the trustees. In this report the
Judge" went into detailed information about
his secret service operations. he said for the
information OF the trustees" Il IS pointed out
that though Judge" Hamilton offered to plaza
100000 in the custody OF the company, TO hold
against certain charges of the S235. 600 shortage
which might not be approved, he has never made
any further move TO carry out that promise.
At the close OF the meeting OF the Fowler CON-
mittee this brief statement was given out:
The committee has devoted this session with
Vlce-PresidenJ BUckner to the consideration OF
the COmpanys agency organization The same
subject will be renewed at the next session. on
Wednesday afternoon.
At the District Attorneys office yesterday
Assistant District Attorney Mott said:
Mr.. Hamilton Will be available to District
Attorney Jerome, and will come down here later
The Judge did not visit the Criminal Courts
Building yesterday afternoon, and it could not
be learned whether he would be taken before
the grand jury would simply talk with the
District Attorney when he did so there. There
seems 10 be a general belief that Hamilton re-
turned TO this country promise OF immunity
from the District Attorney, and that IN return
for this he will give valuable Information The
list Of authorities which Mr.. Jerome has pre-
pared on the question whether campaign con-
tributions on the part OF life insurance officials
we're legal or not viii be laid before Judge O'Sul-
Hvan to-day.
The weak spot in the Armstrong reform bill
was characterized yesterday as the point which
applies especially TO the Equitable. There Is a
storm OF protest from the pOlicyholders on Ieav-
ing this 70 the inclination Of Thomas =. Ryan
Paul D. Cravath. Mr.. Ryan's counsel. had a
consultation yesterday with President Morton
on this subject. All concerned are destrous or
stilIing the agitation which has come from
seeming Equitable immunity from reform legis-
lation. This accounts for the absence OF real