The Montgomery advertiser., 1906-07-19
CANNOT USE
 THEIR NAMES Policy Holders Won't Act as Trustees. PROTEST TO COMMISSIONER Say They Were Not Consulted About Nomination. -s--- stated by Counsel for Mutual Taat
 Trustees Have Right to Nomi-
 nate Any PoIieyhoIder They Think Fit.

New York, July 1a.--Four of the members of the International Policy holders Committee of the Mutual and New York Life Insurance Companies. who were yesterday included in the new board of trustees nominated by the Mutual Life Insurance Company as I trustees as an administration ticket, declined today to permit the use of their names in this connection. ca their behalf protest was forwarded to Otto Kelsey, State Superintendent of Insurance at Albany, by Samuel Un- termyer. counsel to the policyholdefs' organization.
 Despite this protest, however, 1t was stated by counsel for the Mutual that I the trustees have a right under .he | law to nominate whomsoever they choose and that requests for withdraw al cannot be conceded, once the nomi- l nations are announced.
 The four members of the Policyhold- CTS Committee affected are: Judge George Gray of Delaware, General Ben l jamin F. Tracy of this city. Colonel Ai- | fred M. Shook Of Tennessee and Har- l low N Higinbotham of Chicago. All of these gentlemen sent telegraTas to MT Untermyer today declaring that l they were nominated without being consulted and without their corsent-
 Protest of Untermyer. Acting for the poiicyholders' organ 1 ization Mir Untermyer also sent pros i test to Albany today against the man ner in which the lists cf policyholdess in the various insurance companies ] have been Alied. He says the compa~ nies have failed to give the proper ad- dresses In many instances and have been guilty of swilfuI evasion. Mir. T1rtermyer declared that the ob- vfous purpose Of the nomination of those men Is to deceive the policy holders into the belief that the ticket Is nominated by the polieyholders cona- mittee Mir. Untermyer said sne nominees were not consulted ana would
 The use Of their names without their knowledge. he asserted, !constitutad an evasion Of the law and gross Dreaea
 Tkn,es McKeen. general solicitor of the Mutual Life Insurapce Company said today that the action or Samuei TInfermver as counsel for the lnterna- ttonai policyholders Committee in de- nanding that the State Superintendent og Tnsurance compel the Mutual to re- move from it's administrators ticket the names of Judge George Gray II; N Higinbotham, Genera ILauss at, Alfred N. Shook. will be without avaii. MT. McKeen said that these names oan he removed from the ticket oniy In casa of death or incapacfty ana that in hia opinion the refusal or the men to stand as candidates on the admin- istration ticket If they should refuse, would not come under the nead or ih-
 Peabody Not Surprised.
 When MT. Peabody, president of the Mutual Life Insurance Company, was shown MT, Untermyer's protests he said:
 T am not surprised but am afraid | Nnk Paf ol1f the Sag. Perhaps his selicitude that there shall be good board is not so great as his sollcitude lest the control of affairs shall pass out of his nanas' I certainly shall not go to him for in- structions upon the subject of the pro- nrietors. To speak of our doing so as a breach of propriety is nonsense.
 "Mr. Untermyer made up list Of gentlemen of excellent character, call ing them by the high sounding name of the International Polieyhoiders Committee, and asked them to meet in New York. It is absurd to say that thev were delegated to this work cy the policyholders. We know perfectly well that their commission came direct from Mir. Untermyer.
 "The Rentlemeh upon the committee undoubtedly were moved by high pur- noses and felt that they were doing fheir duty but when tell you of their TWGnLX~GlkAL the committee not more than eight were policyholders in the Mutual Life Insurance Company. 1t fs clear that they are subject to the charge of attending some one else's business"
 John Dewitt Warner. of counsel TOT the International Policyholders' Com mittee. said today that the adminlstra- tion ticket is ITO hell with reform ticket and about the most deserving Of defeat and easy to beat that could have been named
 In the course of the day MT. Unter-
 nver received telegrams from Judge Cray. Col A. M. Shook. Gen. B. F. Ira ey and Harlow N. Higinbatham, all pro- testing against serving on the admin istration ticket
 Lists Don't Meet Law.
 Mir. JJntermyer sent letter tonight to Superintendent of Insurance at AL bany complaining that the lists of policyholders flied with him by the insurance companies do not comply with the law.
 "They are a wilful evasion Intend ed to disfranchise large proportion of the policyholders." he declared.
 Section 94 of the insurance law ax amended by the last general assembly distinctly requires the lists to contain the last known post office of all poll cyholders. That phrase has a, recog- nized meaning in legal construction. It means that the street and street number as well as the name of the post office shall be given. A list giv- ing the addresses of numerous John smiths as Now York is palpable vio- lation of the law
 The addresses of very large pro- portion of the names of policyholdars in large cities are thus given without street or street numbers.
 ''The 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"