The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-06-04
SMITH GRILLED
in EKERN PROBE
Assistant Attorney Gener-
al Gilbert Presses Ac-
cuser in Examination.
STANDS BY HIS GUNS

Madison, Wis. { } Counsel
for Attorney General Herman L. Elk
ern was prepared today to continue
to cross-examination of W. Stanley
Smith, insurance commissioner, in
connection with the latter's state.
ments involving the attorney gener-
ais connection with insurance inter
cuts.
Frank Gilbert, counsel for Mr.. Elk.
ern, yesterday began the cross-exam-
ination, delving into circumstances
under which Mr.. Smith sent his re-
cent letters to the attorney general
and into the insurance code revision
bill, over which the controversy arose
The commissioner, under questioning
by Mr.. Gilbert, shouldered sole re-
sponsibility for his statements anc
contended that his statements were
true.
Mr.. Smith denied that he had SO.
licited any advice from others in the
preparation of the statement or that
had sought the opinion of state
senator to whether he was "going toe
far" in the letter which Mr.. Ekern in
formed newspapers was libelous.
Smiths Own Handiwork.
That's my own handiwork," he said
in identifying the letter. Commits
sioner Smith testified that after re-
ceiving a telegram from Ekern de-
claring the letter to be libelous that
he took further steps to give the let
ter newspaper publicity. He testified
that he took it to the assembly cham
Der and approached Assemblyman
Mathiowetz of Ashland, with the sug-
gestion that if it became a part of the
legislative record there would be no
danger of libel suits against newspa-
pers that published it.
He did not get much satisfaction
out of Mathiowetz," Mr.. Smith testi-
fed. He denied that he had anything
to do with the resolution embodyine
the letter, which was introduced in
the assembly. A newspaper man, he
testified, told him that he (the re-
porter) furnished copy of the letter
for introduction in the legislature.
Admits Honest Men Differ.
The commissioner admitted that
"honest men" differed in their opin-
ions on the insurance law revision bill
and that he had not consulted Mr.
Ekern, a recognized authority on in.
surance, in connection with its pre-.
paration. He also admitted that he
never had taken Mr.. Ekern to task
personally for his connection with
insurance matters"
Although Mr.. Gilbert sought to draw
from Mr.. Smith the admission that
the Modern Woodmen of America and
other mutual insurance societies would
be prohibited from doing business in
Wisconsin under the adequate rate
provision of the bill, the commission
er maintained that the organizations
could continue to operate by adopting
adequate rate" plan.
IN connection with the "rule book
sase," in which Smith charged Sun
reasonable delay" he testified that he
knew that it was being held in abey-
ance pending settlement of another
yuit and that after continuance of the
rule book case more than a year age
he had not taken the matter up with
me attorney general until he sent his
recent letter. Mr.. Gilbert sought tes-
:imony to show that Smith tried to
nislead the public his letter on the
rule book case, but the commissioner
asserted he included statements based
in his records to make his case
strong" thinking that if he "could
lrouse public opinion he could get
quicker action"