Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-07-19
CHARGE LAW EVASION
Trustee Election in the Mutual
Life Company Gets Into a
Bad Tangle
PROTESTED CANDIDATES QUIT
They Say They Will Not Act, But
Claim is Made That There is No
Method Under the New Law of
Naming Their Successors = Inter
meyer Charges WiIlfuI Evasion.

ton of all the proprieties. evasion of
the law and deliberate plot to keep
the present management of the Mutual
Life Insurance Company in power by
trickery and deception, Samuel Inter
myer, counsel for the international
policy holders committee as outlined
in these dispatches Wednesday, has
protested to State Superintendent OF
Insurance Otto Kelsey against the
filing of any certificate of nomination
of Judge George Gray of Delaware,
General Benjamin f. Tracy of this
city, Colonel Alfred M. Shook, of Ten
nessee, or Harlow n. Hisinbotham of
Chicago, ON the administration ticket
of trustees of the Mutual Life
Messrs. Gray, Tracy, Shook and Higin-
botham. all of whom have been prom
lnent in the reform work undertaken
by the international policy holders
committee declare that their nomir-
alton on the administration ticket was
without their knowledge or approval
In answer to Mr.. Untermyer's pro-
test Superintendent Kelsey gave out
u,
which he said violations of the insur-
ance law We're subject to criminal
prosecution and that there was moth
ing to prevent Mr.. Untermyer or any
others from bringing such prosecution
If they thought warranted. Ete refused
to strike any names from the list Of
nominations filed with him.
1t was also given out last night that
the policy holders committee would
nominate a full opposition ticket The
administration ticket was denounced
as calculated to continue "the high
graft contingent Of the McCurdy
regime"
WiIlfuI Evasion is Charged.
Acting for the policy holders organ
ization Mr.. Untermyer also sent pro-
test to Albany yesterday against the
manner in which the lists of policy
holders in the various insurance COM
panies. have been filed. He says the
companies have failed to give the
proper addresses in many instances
and have been guilty of "willful eva
sion"
From General Benjamin f. Tracy:
Was not consulted. Had no hint of
such action. Shall not accept. Am no.
policy holder. Accepted position on
committee in interest Of those closely
related and because think it to be thu
duty of policy holders under existing
circumstances to change present man
agement and assume control of their
own property"
From Harlow N Highinbotham:
WAS not advised or consulted about
inc A to jpi,,
and Tracy in any statement they and
you advise"
Mr. Untermyer declared that the OBJ
vious purpose of the nomination OF
those men is to deceive policy holders
into the belief that the ticket is NOM
mated by the policy holders commit
tee. Mr.. Untermyer said the nominees
were not consulted and would refuse to
act. The use of their names without
their knowledge, he asserted, constitu-
ted an evasion of the law and a gross
breach of propriety.
Says Lists Are Incomplete.
Mr.. Untermyer sent a letter last
night to Superintendent of Insurance
Kelsey at Albany complaining that the
lists of policy holders filed with him
by the insurance companies do not
comply with the law.
"They are willful evasion intended
to disfranchise a large proportion Of
the policy holders,'' he declares, "and
to secure unfair advantages to the adj
ministration ticket in the impending
election Section "a of the insurance
law as amended by the last general as
sembly distinctly requires the lists to
contain the last known postoffice adj
dresses of all policy holders.
James lMcKeer, general solicitor of
the Mutual Life Insurance Company.
said yesterday that the action ofSamuel
Untermyer as counsel for the interna-
tional policy holders committee in de-
handing that the state superintendent
| of insurance compel the Mutual to re-
move from it's administration ticket the
names of Judge George Gray. H. N.
! Higinbotham, B. f. Tracey and Alfred
J.! N. Shook will be without avail.
Mr.. iMcKeen said that these names
!! can be removed from the ticket only in
/! case of death or inca pacity and that in
!, his opinion the refusal of the men to
star,i as candidates on the administra-
! ton ticket, if they should refuse, would
| not come under the head of inca pacity.
Protests Made in kilograms.
! In the course of the day lMr. INTER-