The Montgomery advertiser., 1906-11-10
SENSATION
 IN ARGUMENT Untern1eyer Goes After
 Cromwell.
 ---e-- FARE FINANCIAL PIRATES" aSeek to Blast Negotiations of
 Honest Men," In Protesting Against Campaign Being Conducted Fly Admtnistration of New York Life, Lawyers Fling
 Hot shots.

New York, Nov. 9--Arguments on the motion brought by Stephen J. Farreiiy against the New York Life Insurance Company for an injunction restraining the officers and trustees of the corpor- ation from spending the company's funds for campaign purposes, were continued today In the Supreme Court.
 At the previous hearing. Samuel Un- termyer, who represents Farreliy, claimed that the whole office force or the New York Life was turned into ain electioneering apparatus with the idea of keeping down and violating the only provision in the new law prevent ] ting the stuffing of ballot boxes. Speak l ing today for the New York Life Com pany, William Nelson Cromwell said that the papers before the court were | simply founded on informatioHs and beliefs. He contended that the alle- gatlons are revisionary and have no basis in fact
 He further asserted that he would yrssent afidavits made by every active kodicer of the company. showing that | not a cent Of the company's funds has been expended for campaign purposes. Have you an affidavit by Vice Pres i ident Ferkins?" asked MT. Untermyer. 1 He is not an active Vice President 1 of the Company" retorted Mir. Crom- we'll
 MT. Cromwell asserted that there was | 1 Of evidence to show that any or the company's funds had been expended for l campaign purposes, but said there IS i overwhelming proof that such was not | the case. He declared that the charges 1 are baseless and simply grew out of 1 Mir Cntermyer's imagination. Mr. Cromwell asserted that Farreliy has no property rights in action, pe- ing simply creditor.
 Has he not a right to take part Tn the election7' broke Tn Untermyer.
 T am not questioning the defen- dant's right in that respect. but on the broad grounds of the law" re- niIed' Mr. Cromwell. T am not inter- posing any legal barriers, kut as- sert that the company has complied lwith the law Of fs06 and has net vto- < lated the provisions of any law. It is ine0neelvable that we are to stand helpless while assassins of regulations d stab us in the back and not protect lourse1ves from the assaults of 100 men or a dozen groups of men who might seek to obtain control of the vast in- terests."
 Do you maintain that a campaign can be carried on at the company's expense?" asked Mir. UntermyeF.
 .No," replied Mr.. Cromwell.
 e'That Is all I want to know" said -'' cromyseiIa sharp setort.
 you will know more before ge. through with my argumentss retOrt- cd MT. Cromwell.
 Mir. Cromwell argued that there was nothing in the documents before the court Indicating that thc company had done a single thing save to com ply with the law.
 Mir. Cromwell asserted that the in- function has not power Or jurisdic- tIon to take away the freedom of the agents not before the court and said that the granting of injunction would be A great injury to the defendant and would In effect be the determination in advance of the suit in the plaiR-
 ..The election is now on." said Mir Cromwell and If the injunction Is
 granted it will cause confusion. dis
 ruption and suspicion and VIII there
 fore destroy that which tt Is supposed
 to protect That Is exactly the c0ndi-
 lion which Mir. Untermeyer seeks to
 create. It is no policyholders' conn
 mittee that has circulated slanderous circulars all over the earth.
 My friend knows he is going down
 to defeat and the outcome of the elec-
 ton on December IS will be an indict-
 ment of his methods and his associ-
 Anybody who attempts to oppose
 these financial pirates" said MT. Un-
 teTmeyer in reply, ''is subjected to vi-
 tuperation and abuse in the interest of
 men who, six months ago. were doing
 their best 10 keep out of prison.
 Attacking Honest Men.
 Now they are attacking honest poll icyholderS and Governor Pennypacker
 of Pennsylvania and Governor Roberts
 of Connecticut, who are on the inter national committee to protect hundreds of poIicyholders In their States. Am . other member of the committee Is Judge Parker" Is he a policyholder?" asked Mir.
 Cromwell. Jrntermeyer. he is a decent citizen and [ would give his time and service to rout
 this gang Nicholas Longworth is also member of the committee and his name is a guarantee of decency. He Is not engaged in an attempt to rob the company but in the effort to kick men
 out who ought to be kicked out" MT. UTntermeyer challenged the de- [ fense to show where they had met the following specific charges of wrongful campaigning:
 , 'TSiEst- Furnishing their agents at , the expense of the company, the con- ! ddentiat information or policy mum bers thus promoting fraud and de- stroying the safeguar0s thrown by the , lew around the ballots.
 'Second-Furnishing the agents at
 the companys expense ballots that , were mutilated and sent to the policy
 holders by the agents.
 "Thrd-Prlnting the agents circu- , lars at the company's main office with their force"
 , Republicans BI< stieB1ed. MT Cnterniyer referred to the lobby ing Of the companys officers at Albany } and told. for the first time. what he gald was the history of the way the } Legislature was forced In one day to reverse the action on tue White 3 amendmert." He said that he had tell [ ephoned Governor HigsIns and Sena- ! tor Armstrong that unless the public } ity feature was restored the Interna-
 tiona: Committee would disband and
 that the Republican party might take
 the consequences and that there was a
 caacus tha: night and that the bill re-
 stored the feature but in mutilated l