New-York tribune., 1906-07-29
MUTUAL A RESPONDENT
IN POLTCYHOLDERS' SUIT.
Untermyer Files Brief = McKeen
Has Until Monday to Do So.

Albany, July 2S-The fight Of the Interna-
iional Polioyholders' Committee 20 compel the
Mutual Life Insurance Company to drop the
names OF Judge Gray. Colonel Shook, General
Tracy and Harlow y. Higgtnbotham. members
of that committee, from 'the administration
ticket for trustees OF the Mutual company came
before Justice Howard in a special term Of the
Supreme Court this afternoon. The proceedings
were in the form OF an application for an order
requiring Superintendent Kelsey Of the State
Insurance Department to strike the four names
from the list OF nominations fled with him.
At the outset OF the argument General Solici-
tor James McKeen. representing the Mutual re-
Ouested permission to make statement the
Mutual not being cited as a party 70 the pro-
oeeding AS a result OF the argument the papers
were amended so 20 include the Mutual IN
the case as a respondent along with Superin-
tendent Kelsey.
Samuel Untermyer. general counsel TOT t"e
rolicyhoIders' committee, represented that body.
and Deputy Attorney General Graham appeared
for the Insurance Department.
Al the close of the argument Mr.. Untermyer
filed brief and Mr. McKeen has until Monday
10 do so. Justice Howard said the only ques-
ton for the court 10 decide was whether the
rroper proceedings had been adopted to have
the names removed He intimated. however,
that there was no law under which man could
be compelled 10 serve d. a IiuStV0 "7oiiANN A'-
will
M Untemyer, in the course of his argument
said:
The whole purpose of the beneficient legisla-
tion Of 1905 will be defeated if by devious
methods those at present in control OF the m
surance companies. and particularly OF the Mut-
ual Life Insurance Company, shall be perihlIIeu '
10 obstruct the free and intelligent exercise oy
qualified voters of the right of Suffrage conferred
upon them In exercising that right they are en-
titled under that act TO the cooperation OF INC
defendant in enforcing upon the company the
performance Of all its statutory dutleS IN I 1no
perintendent of Insurance is speclhcally gwen
The supervision of the election, ana required 70
sTnrove the form Of ballot. These are ouIIeS
resting upon him in his ofncial character soIely'
and are in every respect public duties ana prop
erIv subject to enforcement by the courts.
me dishonest purpose which animated the
trustees Of the Mutual Life insurance company
in making these unauthorized nominations Is as
clear as IL is contemplate. They have taken d
leaf out of the book of disreputabe pohtlclahs.
The nomination of a few reformers IN cohJIilc-
ton with tried and true henchmen OF the pontl.
cal machines is a faVorite resort or polucaA
bosses driven 10 desperation. and not inIfe-
ouerfIv hitherto has accomplished the purpose
Of confusing enough voters to insure the eiec-
tlon Of candidates who otherwise Woulo nave
been defeated
sHThe only question that seems to be involved
here" said Justice Howard. lis whether you
can place a man on ticket against his WILL
Men are nominated every day in the week
without their knowledge" replied Mr.. Mckeer'
.and if is generally considered high compli-
rnent our company has not yet received any
oficial notice Of the declination OF the men
named in this proceeding.