New-York tribune., 1906-08-11
MUTUAL LIFE VICTORY
Justice Ho7card Refuses to Order
Names Stricken off Ticket.

Troy. n Y. Aug 1O-A decision was handed
down to-day bv Justice Howard favorable 10 the
administration ticket OF the Mutual LIE insuf-
ance Company and the State superintendent OK
Insurance in an action brought by policyhoideTs
TO compel the State Superintendent TO strike eer
tain names from the administration ticket
The title OF the action is the People eN res
Alfred NJ Shook agt. Otto Kelsey, state au-
perintendent OF Insurance. and the deetsioh Is
victory for the directors of the Mutual company
The law requires that life insurance compa-
n,es through their directors shall nominate an
administration ticket for the annual e1eeeioh'
and also that any one hundred policyhoidefs
NAV nominate another ticket. The board OF d.
rectors did nominate administration TICKET
and placed upon it, with others, the names OK
Alfred NJ Shook Judge George Gray. or the
Court OF Appeals; General Benjamin r. Tracy
and Harlow ~ TIiginbotham, men who, II is
claimed were we'll known 20 be opposed 20 the
policy Of the board of directors.
Mr.. Shook and the other men named protested
against the use OF their names on the admins
tration ticket. alleging that they were placed
upon Il without their knowledge or consent all
for the express purpose Of deiuding and deeeiN-
ing those inclined 70 be supporters Of the policy
holders ticket. The administration supporters
Mr.. Shook and his co-plaintiffs aIlege. seek TO
hoodwink policyholders In general by leading
them 70 believe that the entire ticket made UP
bv them is OF the high character Of the four men
named and that these men approved the policy
and methods Of the administration. which, il is
said is not the fact.
In view Of that alleged deception and OF the
protest of Mr. Shook and his associates the court
was asked for an order directing the State
Superintendent Of Insurance TO strike the names
of Messrs Shook Gray. Tracy and Higgin-
botham from the administration ticket.
This order Justice Howard denies on legal
grounds without going into the subject in
troversy between the parties. taking the posi-
ton that the State Superintendent of Insurance
is not required by law 20 do what the petitioners
ask, and cannot be directed by court to do a
thing the law does not require him TO do.
This decision does not make IL necessary for
friends of the pOlicyhOlderS' ticket 70 vote the
administration ticket. There will be a policy
holders ticket in the field when the time OF elec-
tiOn comes. II is said
The matter was argued at the special term OF
the Supreme Court held by Justice Howard in
Albany on July 2S, Samuel Untermyer appearing
for Shook; Deputy Attorney General Graham for
eral James McKeen. general solicitor OF the
Mutual Life Insurance Company, for the admin
istTatiOn nominations.
The international policyholders' committee will
appeal from Justice Howard's decision.
Assistant General Solicitor Allen OF the Mutual
Life. said last night:
have not as yet seen the text OF the decision OF
Mr.. Justice Howard. but il would appear that the
ground OF his decision. which understand is en-
absence of some statutory provision recurring the
superintendent OF Insurance 10 do what was asked
Iithoy,, T1er - 'lc oI ms papers, te couLt IS
had any doubt as to what the decision would be.