New-York tribune., 1906-05-27
MAY SUE e.. W. PERKINS
COURT SPURS COUNSEL.
Opinion Favors 41ction By n. Y.
Life to Rcc0uer Contributions.

LII view OF 'hs strong expression Of opinion OF
the Appellate Division of the Supreme Court that
civil suits be brought for the recovery of the
Ne."2 20 paid TO George w. Perkins to reimburse
MN Tor TIE campo contribution made on behalf
OF tae New York Life in 1904. il is probable that
special counsel for that company may be spu-red
TO some action in that direction.
Some time the Fowler committee made
special report the subject of campaign con-
lllout ons, including those $4,000 in 1856 $4,000
III 1870 and what is known tine Perkins
'rlbution in lsci The report says in closing;
,, ~ follows. therefore, tnlt these contributions
are available :huu:,: he tikin for their recovs
erv and your commit e. e:nphaticaily comments
t1E reSolu ion ura...uIousY adopted by the boaro
p1Ihuii-hs contributions Il ON the funds of the
Year committee i etefo, ' rtcommends that spe
5 toTnse DC leitned TO iorthw til institute such
,1 sLi. % 'ontThu Cd from such officers and
lAth!- therefor. .
ou'n al'ec--.i counsel rstaincd-ex-Judge Will
ian = keeaFr and John q Mlhurn-and the
$40 ''-itiiH for bringing te suits placed directly
up q go a. 1t VAS sa:d yesterday by trustees OF
Il 'o4hI"nA that ;ac lc5i onsibility still rested
there ii Ao1-h the counsel did forthwith
institute any proceedings against anybody.
l1A-J|1Se ketner. It his Once. in the Hanover
sam. bIliIng. sent out word yesterday that he
''as TOO busy 10 be seen. it could be learned
II the delay in acting due the fact that it
had bern decided that legal proceedings were not
I's' esaSIy OF whetnor it due to other reasons
y dueto the former decision, it is likely that the
counsel will see a great light now and take Some
&cif'e s5cps to recover the money in view of the
opinion OF Justice Patterson concurred in by Jus
tees Mclaughlin and Clarke. i'll which he s2-s:
he officers and those in control of the company
mad no right TO use the moneys Of the company
Tor such purpose. and the relator perkins, may
De compelled by civil action to make restitution.
of what he received
II public opinion does not compel the special
counsel OF the company to take some action against
MI Perkins. it is said that the Internato po.i-
cyholders' Committee may bring a suit to restore
the money to the company
1t was said in extenuation of the failure of ex-
Judge Keener and Mr. Milburn act on the rec
oramendation of the special report of the Fowler
committee that they might be waiting for the final
report of the Fowler committee. which is be pre-
sented to the trustees at the June meeting The
inference TO be drawn from this might be that fur
ther examination had revealed further questionable
payments. The special report of the committee
gave no room doubt that the committee held
that the campaign contributions were not legal and
that the moneys spent could be recovered. After
referring TO the contributions of 1896 1900 and 1874
the report went on
me investigations of your committee have not
disclosed any other contributions of the kind.
Whether any of the charged to the policy
used for such purposes cannot be known until it
Is ascerta!ned through legal proceedings other
should d heIeafter appear that any Of these sums
any action based on the recommendations of this
report.
rheSe contributions Were directed by President
the interest of and for the protection of the policy
vantage Notwithstanding the motives actuating
which the company may have had in the estab-
nsnment ana preservation Of the gold standard,
company could be legally used for the purpose
70 which these funds We're applied. for any po-
STANCES The funds of the company can only be
legally used for and in connection with the pur
which vi in
spranCe OF lives on mutual basis The use of
sary to the maintenance of values its policies NAV
he deemed to be. IS use foreign to the trust with
which such funds are impressed
Evidence of the care with which the supply de-
partment of the Mutual Life is being conducted
under the management of Walter S. Sullivan who
succeeded Andrew c. Fields as head of the de-
partment may be seen in the report the
pcnditures for stationery printing for the first
four months OF 1896. The amount spent for these
items in these months was s45 436 I5 as compared
with sl90665 2s spent for stationery and printing
in the first four months of 1895. when Mr. Fields
was at the helm. Those were the days when Ly-
sander ". Lawrence & Co. had a monopoly on
all this kind of work. II is said that a COM
parison of the amounts spent for other sup
plies with what was expended in former years Will
show that revolution has been worked by the
present head OF the supply department
President Peabody of the Mutual refused yester-
day to discuss the fact just made public that for
years the firm of Ward Olyphant. of which Rob
ert Qlyphapt trustee of the insurance eompsny @ is
use in the home office of the company: II seems
that this subject of investigation by the
Truesdale investigating committee of the Mutual.
Some dealers II is said told the accountants OF the
committee that in some the firm of Ward &
Olyphant received higher than the market prices
for their coal Mr. Trussdale also refused talk
yesterday. but it is said that correspondence
on the subject may be given out this week. Mr..
Olyphant trustee, chairman OF the expenditures
committee of the board, probably passed the
bills of Mr.. Oyphant. coal dealer. The contract of
Ward Oyphant expired on May l. The
tract placed a competitive basis and that
firm did not enter the competition, which won
by Curtis & Blaisdell. They bid the delivery Of
from 10000 to 1900 tons of No; buckwheat during
the year. The price they asked, which the
lowest bid the same. it IS said. that
which Ward & Olyphant furnished the quail
ty of coal during the latter part Of their
1t seems that for years the Mutual burned egg
in its furnaces, knowing that the CRATES would
Just well take buckwheat. which is a much
cheaper grade of fuel The latter is now being
used at saving of $50 day.