The sun., 1909-02-25
JUDGE HINTS ATDISBARMENT
FOR EX-JUDGE HATCH OF THE
APPELLATE BENCH AND RUBINO

They Said Justice Erlansers frOposeu
Reeeiyership for the washington IAfs
was for the Benent OF the Receivers
--supt. Hotchkiss Assumes Control
At the close OF hearing in william
Hepburn Russell's action against the
Washington Life insurance Company
and the Pittsburg Life and Trust Com
pany before Justice Erlanger in Part XIII
OF the Supreme Court yesterday the
Court called up Henry A. Rubino OF
counsel for the Pittsburg company and
said that he would take steps to have
Mr.. Rubino and his associate. Judge
Edward W. Hatch. punished by the Appel
late Division for conduct unbecoming
officers Of the court in giving out the
signed statement published in The Sun
on February 1s. In this statement the
attorneys declared that receivers were
to be appointed by Justice Erlanger for
the Washington Life Insurance Company
for the benefit OF the receivers and not
for the benefit Of the company
There had been a two hour argument
participated in by Alton B. Parker and
William F. Sheehan for the insurance
companies, State Superintendent OF In
surance Hotchkiss and Attorney General
O'Malley for that department and Mr..
Russell and Herbert r. Limburg in be-
half OF the policyholders' complaint.
Mr.. Russell, who had agreed at the con-
ference at Albany on Monday to with
draw his action II the State superintendent
OF Insurance took hold OF the Washington
Life until the litigation is settled, had
declared that he would not consent to the
agreement that was offered yesterday and
demanded that the State Superintendent
be appointed the receiver.
Justice Erlanger said he would take the
papers in the case. Then he turned to
Mr.. Rubino and said
Now. Mr. Rubino. will say a few
words TO you Will you please standY'
The lawyer looked interested and arose
TO his feet.
-on February H." continued Justice
Erlange the Court had before it a very
grave matter involving important ques-
tions. Hardly had the ink become dry
on his opinion before there was pub
lished in only one paper in New York an
article containing a statement in which
1t is charged that that statement was
prepared by you and former Judge Hatch
and signed by both Of you and sent out
a. T.. kat tr.,a1S
is what truef' asked MIR. Rubino.
Whether you prepared that statement
and signed ~" said the Court.
Judge Hatch and ] did prepare that
statement and signed IL. replied Mr..
Rubino.
AYou realize Of course said the Court,
that IL would have been an act OF great
rashness IL you had made a statement in
the presence of the Court TO the effect
that he was influenced solely In appoint
ing receivers by a purpose to give the
made in open court you also realize that
il would have been a criminal contempt
and that summary punishment would
Immediately follow Instead Of that,
smarting, perhaps. from the pain Of
defeat you repaired to the privacy Of
your office and there spread your defama-
ton. IL was the article. the statement
mendaoious and in the highest degree
unprofessional. and in the Courts view
it seems that but one punishment should
follow. and that is the severest which
the law has provided. disbarment.
you realized when you prepared your
statement and when you caused this
defamation TO be spread that the Court
was helpless and that the dignity of its
position would not permit II 70 enter into
any newspaper controversy with you or
any other controversy. So believing that
summary punishment could not follow.
you gave what you now admit.
Il shall await the return Of Judge Hatch
before certify this record to the Appel
late Division. meantime giving the Judge
an opportunity to appear before me i'm
mediately upon his return. ! will then
at that time give him leave to appear,
and you will please say to Judge Hatch
upon his return that 1t is desirable that
he appear here and at that time the matter
may be disposed Of.
Ii shall tell him. SIR" said Mr.. Rubino.
The prospect that a former Justice OF
the Appellate Division of the Supreme
Court was to face disbarment proceed
ings made the corridors Of the court
house buzz with excitement After
consulting with his associates Mr. Rubino
said that until the return Of Judge Hatch
in about a week he would have no state
ment to make.
Supt. Hotchkiss told the Court that by
agreement OF the two companies he had
been put In control of the Washington
Life which was a solvent concern. and he
suggested that such settlement OF the
order as should be made should omit
any words creating receivers Of a solvent
company now in the hands Of State
officer
Supt. Hotchkiss took control Of the
assets OF the Washington Life at noon
yesterday. By the agreement signed
yesterday the Superintendent is absolved
from all liability in case any OF the assets
are damaged by fire or food or are stolen.
although in the case Of malfeasance the
department will be held liable. The
agreement is to terminate and the status
OF the insurance companies to be restored
either when a court OF final jurisdiction
determines the validity OF the contract
Of reinsurance. when the Pittsburg Life
and Trust Company Is admitted to do
business in this State and the reinsurance
Is approved by the Superintendent. or
when the Pittsburg Life puts the WASH