New-York tribune., 1909-02-25
WOULD DISBAR RUBlNO
FY-JTSTTCE HITCH NAY
COME UNDER BAN.
Justice ErIdnger Acts on Their
Statement IN Washington Life
Receirership Proceedings.

Premiership Proceedings.
Justice Erlapger. Of the Supreme court dii
nourced yesterday that ne would certify 10 '"e
Appellate Division proceedings for the d1soar
rnenf Of Henry a. Rubino who has beeh a9S'-
cjated with ex-Justice Edward w halch' d
member Of the firm of Parker, Hatch & Shee-
han. as counsel for the defendants III 'he cdse
OF William Hepburn Russell against the WASH
ington Life Insurance Company ana TIE fi''
burg Life and Trust Company
The basis for this contemplated action is
statement issued by ex-Justice Hatch and MI
Rutino relating TO the decision OF Justice Er-
LANCER 10 appoint receiver for the Nashiiis-
ton Life in which il was said that the receiver
shin WAS 20 be established for the benefit OF the
receivers To this statement Justice Eriangef'
after listening 70 further arguments ia the case
yesterday took exception. saying that the STATE
nent Of ex-Justioe Hatch and Mr. Rubino was
ir the highest degree mendacious and unpro-
fessionsL
Mr.. Hatch is in Oklahoma. but he was repre-
sented in the Washington Life arguments oy
his partners, ex-Judge Alton B. Parker ana eA-
lieutenant Governor William F Sheehan- the
Justice said he would give MIR. Hatch an oppor-
funity to be heard when he returns TO this cl'S-
Following the final arguments of me case JUS
tice Erlanger turned 10 Mr- Ruhino. VINO sat
next 10 Mr.. sheehan and said:
Il have a few words 10 say 10 you, MI
Rubino. Please rise
The courtroom was crowded 10 the door WIN
LAWYERS insurance men and policyholders IN
terested in the Washington Life case, and an
seemed 10 realize what was coming JUSTICE
F1rlanger. addressing Mr. Rubno. said:
ON February l. a case came before me when
i,vol,-ee large interests. Hardly had the INK
dried on my opinion when there was puhilsheSa
in only one newspaper in the city OF Ne" iot n
al article in which il was said 'hat tHe SO @ !
rnenr appearing had been prepared bN you anu anu
former Judge Hatch. and signed by both OF you
and sent by YOU TO the newspapers Tor pupllca-
tiOn. Is that true
Judge Hatch and prepared that statement
replied AIr. Rubino-
And signed ito" Justice Erianger asked
Yes, sir" answered Mr.. Rubino.
Justice Erlanger continued:
y,u realize of course that it would have been
an act OF great courage on your part TO nav
made such a statement to the court while in
session that il Influenced solely IN the ap-
pointment OF receivers 10 give the receivers d
Job
Won must also realize that IL would have Deen
a criminal contempt of court and that summary
punishuenf would Immediately have followed
Instead Of that snlarting. perhaps from Iht
main of defeat YOU retired 70 the privacy OF
your Office and there spread your defamation
II was an article and statement that were
vneuda cious. and in the highest degree unpro-
fessional and in the Courts view 1t seems to
me that but one punishment should follow, ard
that is the severest the law has provided, when
You realized when you prepared your state
rnent ard when you caused its publication that
the court was helpless. and that its dignity
would not permit him TO enter into any news
troversy: so believing that punishment could
not follow the act which you now admit was
committed
I acouaint the Appellate Division of the facts.
and viii give him opportunity to appear
before me, when ] shall give him a hearing. and
YOU will please tell him upon his return that
desire him TO appear here, when the matter
will be disposed Of
The argument yesterday was on the settlement
Of an order appointing receivers for the Wash
ington Life and restraining the Pittsburg con-
Germ from dsposing of the assets of the Wash
ingten Life.
Justice Erlanger heard ex-Judge Parker. Mr.
Sheehan. Mr. Rubino. Attorney General O'Mal-
ley and Superintendent Hotchkiss OF the IN
surance Department in opposition to the ap-
poiutment of a receiver They advocated in
stead the ratification 10y the court Of an agree
rnent between the two companies and Superin-
tendent Hotchkiss by which the Office Of the
State Superintendent OF Insurance would hold
the property Of the Washington Life Insurance
Company until the question as to the legality of
its contract OF reinsurance with the Pittsburg
Life and Trust Company had been settled.
Nj. RuSSeu opposed any Sucn arrangement
and urged that the decision OF the court that a
receiver should be appointed should be ad-
hered TO.
Superintendent Hotchkiss said he felt il his
duty to place certain facts ia possession of the
court He had examined the affairs of the
Washington Life and found that il per-
fectly solvent. he said, having a surplus over
all its liabilities of over Sl.2sa000
Mr Hotchkiss explained that he would occupy
the same position as the State Superintendent of
Banking does now under the law in the case
of bank which came under his control. He
said he thought the agreement If ratified would
protect the interests Of the policyholders. Mel
son Y. Hadley, the chief examiner Of the In
surance Department, who has been placed in
charge Of the property Of the COMPANY he said,
was one Of the best insurance officials in the
state in the country
MT Russell said he would willingly assent 70
the appointment OF Mr.. Hadley as receiver but
he objected TO his acting such while con-
zected with the State Insurance Department.
Justice Granger took the question under ad-
<iEement-
BANKS PAY IN PUBLIC DEPOSITS.