New-York tribune., 1906-08-01
PEABODY HITS BACK.
ATTACK ON UNTERMYER
Mutual President Defends Lists,
Nominations and Officials.

J -NoHitkdi!OltS UftU lKtttEtn-
President Peabody. ON behalf OF the trustees
OF the Mutual Life, issued printed letter yes
| terday vigorously attacking Samuel Untermyer
and denying many of Mr.. Untermyer's recent
charges against the Peabody management. The
letter is dated July % and is addressed to Mr.
Unterrnyer, who is counsel for the international
policyholders committee. although Mr.. Inter
myer says he had not received it,
The missive is In reply to Mr. Untermyers
communication of July % 70 the Mutual Lifes
board OF trustees. containing a recital OF the
committees efforts 70 obtain the company's
stencil lists
The Peabody letter protests against Mr.. I'm
ternyer's reckless and untruthfuI statements
concerning the present management, charges
him with persistent Misrepresentation denies
any wilful inaccuracy in the lists filed in Al
bany or the circulation OF campaign literature
at the policyholdsrs' expense, saying that the
advertising has been Of the usual character. and
denies that the present mana cement is a virtual
reincarnation OF the old regime The letter in
Inmates that Mr. Unternyer In many Of his
statements had not the support OF his COM
mittee.
In a reply to President Peabody issued last
night, MIR. Untermyer reiterated his charges as
TO the stencil lists. the personality OF the pres
ent management and the mailing OF the COM
pay's $4,000 circular letter. containing grossly
Inaccurate" statements-at the pOlicyholders
expense. That the grand 1Yry investigation now
pending may cause fclrtheS changes in the Nut
parting shots.
BRIEFS ON NOMINATIONS.
In his supplemental brief filed with Justice
Howard at Albany yesterday IN the commit
tees motion for a writ of mandamus 20 compel
Superintendent Kelsey TO remove the four in
ternational committeeman from the Mutual
Life's administration ticket Mr. Unternnyer
maintains that the four men were not candI-
dates. and that they. therefore. could not be
placed on any ticket He declares that under the
supplemental Armstrong law the entire election
is under Superintendent Kelsey's supervision:
that Mr.. Kelsey should thus have passed on the
ticket, that no formal protest to the company
was necessary, but that a protest 20 the Super
intendent Of Insurance only was necessary.
President Peabody in hts formal answer 20 the
complaint denied that III. Fl. Rogers was chair
man of the nominating committee or prepared
the ticket. MFR. Peabody denies also that the
hostility of the four committeeman nominated
was known to the officials. the company believ-
Ing the quartet would accept the nomination
Nh. Peabody declares that on July 10 nomi-
mating committee appointed. consisting OF
Messrs. Peabody, Iselin, Henderson. Rogers and
Stern; that it held three meetings and unani-
mously adopted the present ticket The nomf-
nation ne says. made in good faith and
with no thought OF decefving the policyholders
He adds that the only iled refusal to serve was
that of Hamilton Nick. Twombly, adding that
Mr.. TwOmbly's reasons for refusal have no bear
ing on the present proceedings
MIR. PEABoDY's LETTER.
Mr.. Peabody's letter 20 Mr.. Unterrnyer reads
In part:
You have voluntarily created body which Won
nave styled .polieyholders committee OF which
less than one-thrd are members OF this company.
The These gentlemen. for reasons which presume are
use them for s rDOse 90 e TH PeTRf PR y you & to
reckless and untrUthful statements about the Off
to @ 5 Sea Of S S61 Srs
noaeTs rec and are not assisting them 70 form cor
pany has recently been conducted. While your
right as pocyholder. and the right of every pol
icyholder. TO information as TO the company's af-
Dosifio rs ~ fuy M Tee0gnzsd protest against the
without y committing themselves personally. over
permit their respectable and undOubted standing to
6 used 70 further your attacks upon the prosperity
Your letter Of July 3 is fg o5 sta{eents
that are not sustained by existing facts IN
many OF your misleading statements you seem to
that fots were b Us members eoTreoty nfoTsd Of the
and censure your conduct.
Mr.. Unterrnyer's reply is, in part:
repeat the charge that the circular letter under
date OF July which has been mailed the policy
holders at an expense OF over $15.o11 Contains
"a the STATEMENTS o o9e who Jas TeIsr STacf SGspeeiay
indirectly responsible for the conditions that ex-
listed in and prior TO the year 1905 remains in the
service of the company"
Mr.. Unternyer adds that with the exception
Of two all the members of the finance and agency
committees responsible for these conditions. are
candidates for reelection and continues:
The majority of the subcommittee Of three that
fixed the salary Of Mr.. McCurdy at $4,000 year,
and kept 1t at that amount, MeSSFS. George f.
Baker and Augustus %. Juiard, are still directors
and candidates for reelection and have been made
members OF the new finance committee. 70 which
has been added Mr.. Cromwell, who confessed be-
fore the Armstrong Committee his participation in
profit Of $4,000 Messrs. Iselin and Jarvie, who
were on the old finance Committee. have been made
members Of the present committee. while Mr. Hen
derson has been promoted to the head Of the zeal
estate committee and We find. nOtvithstand-
ing your statement that the company is to-day alb
solutely controlled by the men who respOn-
slble for the conditions.
CHARGES ABOUT TESTS
The postscript OF letter sent by 1fr. Inter
myer 20 President Peabody on Monday reads
As q concrete instance taken at random, Of
the apparent differences between the list on file
and the list from which you mailing your
campaign literature, 7 will take the Of Mr..
Frank H. JanisOn, OF "The Newark Evening