The daily morning journal and courier., 1906-08-09
COURT ORDERS MUTUAL
 TO GIVE CORRECT LIST
MUST FURNISH ONE OF POLICY HOLDERS TO INTERNA-
 TIONAL COMMITTEE.

Order Issued by Justice in Response
 to an Application for a Writ Oi
 Mandamus - Counsel UntermyeH
 Scores Present Omcers--A More In-
 famous, Unheard of Performance, of
 Which They Are Guilty, Had Never
 tice, He Declares.
 New York, Aug. S.-The Mutual Life Insurance company was ordered by Jus
 tice Giegerich to-day to furnish a cor rect list of it's policyholders to the in- ternational policyholders committee and to file similar correct list with the state insurance department at Albany within ten days. The order was issued in response to an application for a writ of mandamus made by Colonel A. M. Shook of Tennessee. a member of the committee, and was opposed by counsel for the Mutual Life Insurance company Justice Giegerich denied the application of the policyholders com- mittee that their circulars be sent to policyholders on the stencils prepared for the company.
 In his argument on behalf of the pe- tition Samuel Untermyer, counsel for the committee, said that they had em- ployed twelve postofflce experts to as- sist in getting the committees circulars out to policyholders and that 19 per cent. of the envelopes were returned to them undelivered On the other hand, he said, the company, having a correct list, was sending circulars to the policyholders without delay, in an effort to influence votes in favor of the trustees nominated by the present ad- ministr ation ticket of the Mutual. "A more Infamous, unheard of performance had never found its way into court of justice" declared MT. Untermyer. eve have only until September IS to nomi- nate list of thirty-six directors and unless we can obtain a correct list of policyholders we cannot reach them and many of them will be disfranchised from voting"
 Mir. Brewster, of counsel for the Mu- tual Life Insurance company, in oppos- ing the motion, said that the company was not bound to supply the list week by week as MT. Unternyer contended, but to supply one list, which had been done. Tt is needless to say that the personnel of the Mutual is not what 1t was during the legislative investiga- tion," he added.
 T think" interposed Justice Gieger- ich, that the policyholders should be placed in a position to receive the very latest information on all matters eff fecting their interests"
 As to the question of circulars from stencils of the company Mir. Untermyer asked If MT. Brewster opposed 1t. MT. Brewster replied that to lend stencils to would be like lending the furniture of the company to him MT. Brewster repudiated the charge that the company had been using the stem cils to send out campaign literature,
 During sharp exchange between MT. Untermyer and MT Brewster MT. Un- termyer said: My friend has made the statement that the personnel of the company is not the same as 1t was dur ing the legislative investigation. No. a few scapegoats were sacrificed by the main power but the men who are re- sponsible for all the scandals and thievery of this company are in power to-day"
 MT. Brewster interrupted and asked for the protection of the court against such an attack. There has been no fraud or deceit charged in the papers and this statement is unwarranted"
 Judge Giegerich then said that he would issue the order desired except in 30 far as it applied to the use of the stencils.