Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-29
MUTUAL METHODS
ARE DENOUNCED
Policyholders' Bitter Fight
Against Ticket
FOR TRUSTEES OF COMPANY
Control of Company Exploited by
Counsel
IN ARGUMENT FOR PETITIONERS
Severe Arraignment of the Manage
ment in Making Unauthorized
Nominations.
IN ARGUMENT FOR PETITIONERS

ALBANY, N. Y. July 2s.-The fight of the
international policy holders committee to
compel the Mutual Life Insurance Company
to drop the names OF Judge Gray. Col.
shook, Gen. Tracy and Harlow NJ Higgin-
botham members of that committee. from
the administration ticket for trustees of
The Mutual company, came before Supreme
Court Justice Howard today.
The proceedings We're in the form of an
application for an order requiring Super
intendent Kelsey of the state insurance de-
partment to strike the four names from the
iist OF nominations filed with him. After
some argument the papers were amended
so as to include the Mutual company, with
Superintendent Kelsey in the case as a re-
spondent.
samuel Untermeyer. general counsel for
the policy holders committee filed brief.
and Mr.. MeKeen, general solicitor of the
Mutual, was given until Monday TO do So
Justice Howard said the only question for
the court to decide was whether the proper
proceedings had been adopted to have the
names removed. He minated, however
that there was no law under which a man
could be compelled to serve as a trustee
against his will
ne Whoie purpose of the beneficent leg
isiation of 1906 will be defeated" said Mr.
Qntermyer in the course of his argument,
If by devious methods those at present in
control of the insurance companies and
particularly of the Mutual Life Insurance
Company, Shall be permitted to obstruct the
free and intelligent exercise by qualified
voters of the right of suffrage conferred
upon them
I'm exercising that right they are enti-
tied, under that act, to the cooperation of
the defendant in forcing upon the company
the performance Of all its statutory duties
IN the matter of nominations and elections
The superintendent Of insurance is spe-
cifcally given he supervision of the cleo
ton and required to approve the form of
ballot These are duties resting upon him
In his official character solely and are in
every respect public duties, and properly
subject to enforcement by the courts.
Like Disreputable Politics.
''The dishonest purpose that animated the
trustees OF the Mutual Life Insurance Com
pany. in making these unauthorized nom-
nations, is as clear as 1t is contemplate.
They have taken a leaf out of the book OF
disreputable politicians The nomination OF
few reformers in conjunction with tried
and true henehmen OF the political ma
chimes is a favorite resort of political
bosses driven to desperation, and not infre-
quently hitherto has accomplished the pur-
pose of confusing enough voters TO insure
the election of candidates who otherwise
would have been defea ted.
THE only question that seems to be in
volved here said Justice Howard lis
whether you can place man on a ticket
against his WILL
''Men are nominated every day in the
week without their know edge, replied Mr..
McKeen,, 'and it is generally considered
high compliment. Our company has not yet
received any official notice of the declina-
ton of the men named In this proceeding"