New-York tribune., 1906-07-19
AN APPEAL TO ALBANY.
UNTERlfYER PROTESTS.
Mutual Ticket to Confuse Policy
holders Refuse to Ran.

The buttons were struck off the foils yesterday
in the fight between the Mutual Life and its pol
icyholders' committee both sides fencing with
bare points
The square thrust OF James McKeen. the Mutual
Life's general solicitor. that the four members
Of the international polcyholders' committee nom
mated the companys administration ticket
cannot decline to serve on the ticket unless dead
or incapable. was parted by Samuel Untermyer.
counsel for this committee. Nfr Untermyer's coun-
terthrust being the publication Of kilograms from
Judge Gray Colonel A NJ Shook General Ben
jamin F. Tracy and H N Higginbotham all Of
whom. in effect declined to the ticket
After consultation with ex-Judge Parker. Mr..
Untermyer sent a telegram to Otto Kelsey. Super
intendent OF Insurance, at Albany. protesting
against the of :he four names. the obvious
purpose of which. he said. to confuse and de-
ceive policyholders into the belief that they
voting the committees ticket. Mr.. Untermyer
added that the unauthorized use of these four
names constituted evasion of the law demand
ed that the company be compelled to remove them.
and afterward limited at mandamus proceedings
should the telegram fail Of effect.
Mr.. Untermyer sent also letter 20 Superin-
tendent Kelsey, in which he intimates that officers
of the company liable to criminal prosecution.
and says that the lists filed by the insurance COM
panies do not comply with the law, because they
do not contain the last known postofice address
of all policyhodars He declares that list for
instance. giving the addresses of numerous John
Smiths as New York is a palpable violation of the
law.
COUNTY ADDRESSES ONLY GIVEN
The letter continues. in part:
The addresses Of very large proportion Of the
names OF pohcyholders in large cities are thus
6ostal TegnIations appcabie to Cities letters bear
ing no street address are thrown together. and II
delay. Again, there are numerous instances in the
lists as filed where the poieyholders name is Given
town or city Our circulars and the voting ballots
reach them, and the entire scheme Of the law will
piece Of ehcanery can succeed BY the express
terms Of CHAPTER S54 Of the Laws of 1903 this par
the of Insuan Gs rance e or
The responsibility therefore. OF securing accurate
these addresses. How could they otherwise send
The management had four months to make nn
these lists which we are expected to copy in two
we call your sttentSn to Section s. Of the
the ocers haVe nred srI es PaSI that a.
the criminal law (Secton So, and ask you to set
the criminal law will move these men.
Mr.. Untermyer received the following teIe
grams from the four international committeeman
nominated the administration ticket:
From Judge Gray:
I instruct you to protest with the Insurance Com
ny ny name appearing on any ticket for trustee Of
with any ticket please have It removed
Colonel A NJ. Shook:
Telegram Just received. First information re-
9Sysd fhr9Hgh Ugh gepe1ai & agent r 4Ht1ai b this city
terday evening could not accept.
General Benjamin F. Tracy:
Was consulted. Had no hint of such action
Shall not accept. Am not policyholder. Accepted
related, and because / think il TO be the dutyy
Of policyholders under existing circumstances TO
change present management and assume control OF
their own property
H. N. Higginbotham:
Was not advised or consulted about nomination
Am willing to join Gray and Tracy In any state
ment they and you advise.
The Tribune announced exclusively yesterday that
Colonel Shook declined the nomination
Mr.. rKEEN's STATEMENT
Mr.. McKeen made statement. in part as fol-
lows:
The statute provides that the votes at the cleo
cept that in the Of the death or ncapaeity Of
any candidate nominated the board Of directors
may nominate another candidate in his place by
hling certificate OF such nomination with the su-
tbe eeon s s dss prGT not 20 5ne date sst for
the hIing OF any such vacancies The question
vacancy hardly need be considered II may be
questioned whether such a refusal or RESIGNATION
in OF the election can be considered Ia he
case OF incapacity within the meaning Of the
When Mr. Peabody. president Of the Mutual Life
read Mr. Untermyer's protests. he said
We believed that Judge Gray General Tracy. Coll
onel Shook and Mr. Higginbotham, notwithstand-
men we'll ed FOR uSn tTaste eeF TbeH Ss5
their desire for the change and expressed them- /
selves freely as TO the character of that chance
and We felt, and still feel. that We had perfect
right 20 place their names upon our ticket
TO speak of our doing a breach Of prOrriat,,
~ nonsense. These men have said they ana NOT an
prove OF administration we aDrU er- s'vye1rr,
we'll well Take up the work yourselves. and viii |
our administration Of the affairs OF the cOnnanVS
has been so grossly improper as these gentleme1
claim. they should welcome opportunity 10 come
IN here and investigate and reform il Tor them |
TRUSTEES MUST BE PoLICYHOL.DERS.
AZ tls oIcs OF Fsesid lent peabody lt " - stated