The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-07-19
More Trouble is Stirred Up in
the Mutual
PEABODY THINKS 1T A JOKE
Names of Policyholders Are Furnished
to Committee, But No Street Ad-
dresses Accompany
the Lists.

New York, July 1s.-Four of the men,
bers of the international committee of the
Mutual and New York Life Insurance
companies who were yesterday included
In the new board of trustees NOM
mated by the Mutual Life Insurance
company trustees as administration
ticket" declined today to permit the use
of their names in this connection. On their
behalf a protest was forwarded to Otto
Kelsey. state superintendent of insurance
at Albany by Samuel Utermeyer, coun-
sci to the policyholders' organization.
Despite this protest, however, it was
state by counsel for the Mutual that the
trustees have a right under the law to
nominate whomsoever they choose, and
that requests of withdrawal cannot be
considered once the nominations are
nounced.
The four members of the policyholders
committee affected are: Judge George
Gray of Delaware, Gen. Benjamin F
Tracy of this city, Col Alfred NJ. Shook
of Tennessee and Harlow N. Higgin-
botham of Chicago. All of these gentle
men sent kilograms to Mr.. Untermeyer
today declaring that they were nominated
without being consulted, and without their
consent.
Acting for the policyhoders organiza-
ton Mr.. Untermeyer also sent a protest
to Albany today against the manner in
which the lists of policyholders in the
various insurance companies have been
fled. He says the companies have fall
ed to give the proper addresses in many
Instances, and have been guilty of will
full evasion
Protest Against Serving.
In the course of the day Mr.. Inter
meyer received kilograms from Judge
Gray, Col. A NJ Shook, Gen. B. F Tracy
and Harlow N Higginbothan, all protest
ing against serving on the administration
ticket
Mr. Untermeyer sent a letter tonight to
Superntendent of Insurance Kelsey at
Albany complaining that the lists of
policyholders filed with him by the In
surance companies do not comply with
the law
''They are wilful evasion, intended
TO disfranchise a large proportion of the
policyholders, he declared.
Section "a of the insurance law as
amended by the last general assembly dis
tinctly requires the lists to contain the
last known postoffice addresses of all
policyholders. That phrase has recog-
nlzed meaning in legal construction. 1t
means that the street and street num-
her. as well as the name of the post
office shall be given. A list giving the
addresses of numerous John Smiths as
New York, is a palpable violation of the
law The address of very large pro-
portion of the names of polieyholders IN
large cities are thus given without street
or street numbers.
sThe policyholders for whom we are
acting are entitled to these names and
correct addresses, and they are ready
and determined to enforce their rights
by such proceedings, judicial or other
wise, as the occasion demands"
Peabody Is Not Surprised.
When Mr. Peabody, president of the
Mutual Life Insurance company. was
shown Mr.. Untermeyer's protests, he
said:
IT am not surprised but l am afraid
the gentleman has let the cat out of the
bag. Perhaps his solicitude that there
shall be a good board Is not so great
as his solicitude lest the control of af-
fairs shall pass out of his hands. I
certainly shall not go to him for in
structions upon the subject of the pro-
prieties To speak of our doing SO as a
breach of propriety is nonsense.
MIR. Untermeyer made up a list of
gentlemen of excellent character calling
them by the high sounding name of
the International Policyholders commit
tee and asked them to meet In New
York 1t is absurd to say that they were
delegated to this work by the policy
holders. We know perfectly well that
their commission came direct from Mr..
Untermeyer. The gentlemen upon the
committee undoubtedly were moved by
high purposes and felt that they were
doing their duty but when l tell you
that of their twenty-eight members who
constituted the committee not more than
eight were policyholders in the Mutual
Life Insurance company, 1t Is clear that
they are subject to the charge of at
tending to some one else's business
John Dewitt Warner of counsel for the
International Policyhoders' commission,
said today that the administration ticket
is a ito hell with reform ticket and
about the most deserving of defeat and
easy to beat that could have been named.
A Cannot Compel Removal
James McKeen, general solicitor of the
Mutual Life Insurance company said
today the action of Samuel Untermeyer
as counsel for the international Policy
holders committee in demanding that
the state superintendent of insurance
compel the Mutual to remove from its
adninstra tive ticket the names of Judge
George Gray, Fl. n. Higgenbotham. Cen
eral Tracy and Alfred N. Shook. will
be without avail.
Mr. McKeen said that these names
can be removed from the ticket only in
case of death or incapacity. and that
in his opinion the refusal of the men to
stand as candidates on the admnistra-
ton ticket, If they should refuse. would
not come under the head of incapacity
Shook Has Nothing Further to Say.
Nashville, July 1s-Col. A. M. Shook a
member of the executive board of the in
ternational policyholders' committee.
whose name is included in the new board
of trustees nominated by the Mutual Life
Insurance company trustees, and who has