New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-08
MUTUAL RESULT SOON
COUNT NEARLY OYER
Protest against Issuing Challenge
Sheets to Committee.

Administration watchers in the Mutual Life
canvass said last night that they expected that
che board .. Inspectors would be able tentative
u q: zunource toe results of the election in that
sSTpsny to-day. Inspector Dalberg however
taif that :lie count Of the ballots would not he
finished uatN to-day, and the count of the
proxies for several days. MI Dalberg added that
lie sid not believe the adjudication" would
affect the result Of the election in this company.
According 10 administration interests the ad-
,nInistration ticket has polled four votes 10
every one in opposition.
Vice-President Dexter. Of the Mutual Life in
statement made IN the afternoon, announced
that the administration had filed protest with
the Mutual LIES board Of inspectors against the
furnishing Of challenge sheets by the inspectors
10 the international committee. Mr.. Dexter
said the committee was making use Of the cha-
lenge sheets presumably 10 sustain its chal-
lenges whatever the inspectors might rule
The international committee he said, had
challenged ell the administration ballots. The
administration objected to the furnishing Of lists
on the ground that they contained confidential
information between the company and its pol
icyhoders. information that had never been
published before. The inspectors had already
furnished a number Of challenge sheets to the
committee, and the committee. Mr.. Dexter IN
derstood, was using them to the injury Of the
company.
The international committees manager de-
olared that the committee was using the chal-
lenge sheets to complete records which the COM
mittees would use in suits alleging the count of
thousands Of pro-administration ballots forged
by agents and others
Matthew c. Fleming declined TO discuss the
report that Governor Hughes had offered the
place Of Insurance Superintendent to him.
The United States Circuit Court of Appeals
handed down an opinion yesterday overTuling
decision Of the United States Circuit Court,
which had sustained a demurrer interprosed by
the Equitable Life Il an action brought by ].
Wilcox Brown. alleging that the Equitable's
surplus had been wasted through negligence
and fraud on the part Of the society's officers.
The effect Of the decision is to compel the Equi-
liable 10 put in answer 10 Mr.. Browns com
plant alleging inequitabe division Of the sur
plus and Encouragement by certain Equitable
officials. The decision In effect is that the Equi
table must answer the bill Of complaint and de-
fend its alleged actions
The court says that. without ruling on the
merits Of any Of the questions raised, Mr.. Brown
had a right TO appeal TO the higher courts for
the bill. The higher tribunal in Overruling the
demurrer says that the case Is remanded TO the
court below, and the defendant. II il be SO
advised, has leave TO answer within such time
IS the Circuit Court shall decree" Judge La
COnbe fled a separate memorandum stating
that Il was not to be understood that he was
passing on any of the points raised fl the case
issue, but sustaining the reversal on tho
ground that the cases cited in support Of the
EQuita ble's demurrer contained no allegations Of
msInana cement or fraud.
The executive committee Of the new Associa-
ton OF Life Insurance Presidents adjourned
without selecting a secretary IN place of Com
missioner Barry. Of Michigan, who declined the
Office.