The Advocate and news. [volume], November 24, 1897, Image 1

About The Advocate and news. [volume] (Topeka, Kan.) 1897-1899

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I Devored to me 5e5r interests or the Home, the 5W and the farm I
i"1 I,. .,
Ninth Year, No. 47. WfSeimH TOl'EKA, KANSAS, XOVEMBEIl 21, 1897. am .".VJKTcJ'.fJ:
McNALL IS SDSTAIHED.
Judge Poster Roasts Him, But Holds That
He Has Power to Examine the
Travelers'.
In the Federal court at Topeka Mon
day Judge Foster held that the court
had no power to prevent the examina
tion of the Travelers' Accident Insur
ance Company, thereby sustaining the
State law giving the Superintendent of
Insurance such power. In his decision
Judge Foster says:
"The statutes make it the duty of the
Superintendent of Insurance, when he
has good reason to suspect the correct
ness of any annual statement of an In
surance company or that the affairs of
any company are In an unsound condi
tion, to make or cause an examination
to bo made Into the affairs of such com
pany, There must of necessity he al
lowed to a Aiinisterial officer a liberal
discretion when required to do an offi
cial act upon a certain contingency be
ing mado to appear. If he Is acting in
good faith and not In a manner clearly
Indicating oppression in office or abuse
of discretion the courts will not inter
fere. It is charged by the complainant
that the defendant, Webb McNall, in the
proposed examination of complainant's
affairs is acting in bad faith and for
personal reasons, that he has no reason
to suspect the correctness of its annual
statements or that its affairs are in an
unsound condition, and in support of
these averments It has offered in evi
dence affidavits showing the character
of examinations recently made by the
defendant of other Insurance companies,
it seems evident from the testimony
that the examinations that have been
made by the defendant wore of a super
ficial character and of little or no benefit
to anyone; and it la further apparent
that the charges for services and ex
penses of his agents making the exam
inations have been extortionate, and yet
the question' remains whether this Is a
sufficient reason for the court to Inter
fere and restrain the defendant from
making an investigation of the com
plainant's affairs. It surely cannot be
offered as an objection by the complain
ant that the defendant's proposed ex
amination would be superficial and of
little value. It doubtless has a right to
complain if any extortionate charge for
services Is made against it and clearly
has the right to refuse payment of any
such demand. It may be urged with
much reason that insurance companies
are not in a position to resist the pay
ment of an unjust demand for services
of this kind."
Judge Foster then quotes section 3324
of ttfe Kansas statutes which confers on
the Superintendent of Insurance author
ity to eamine the affairs of suspected
companies and, continuing, he says:
"It is quite likely that the insurance
companies which have submitted to the
iexcessive charges for uervices of this
kind have done so under the apprehen
sion that a refusal might result In the
defendant revoking their authority to
do business in the State. Certain it is
that this power might be abused by an
unscrupulous officer and yet It Is not
apparent that such apprehended danger
justifies the complainant in seeking the
:aid of a court of equity to restrain the
defendant from proceeding to make the
Investigation provided sronnd exjat
which justify .ie examination. jThe
conduct of the defendant as shown by
the evidence In this and other cases
before the court has been so indefensible
and so repugnant to the mind of every
right thinking man that It Is difficult to
ftye him credit for an honest purpose
iirijjls proposed examination, and yet
we have to observe and follow a rule
of law which may be cited as a precedent
for an honest and conscientious Incum
bent of the office. It cannot be said that
there la an entire absence of evidence
to justify the proposed examination by
the defendant inasmuch as certain real
estate of the complainant in this State
Is listed at a price largely in excess of
its value, and there is an absence of any
statement of defaulted Interest on loans
and allowing to the defendant the pre
sumption of good faith In some degree',
if possible, It may well be said that there
is some reason to suspect the correct
ness of the complainant's annual state
ment. In view of the facts in this case
and the discretion which ought to be
vested in a ministerial officer performing
fu'-h duties and the rule of law appli
rauk to the exeivl8t''of sucl' powers, It
wold not be proper for this court to
stay the proposed examination by the
defendant in this case. The complain
ant's right to relief depends upon the
anticipated wrong of the defendant as
inferred from his conduct in other
cases, that Is wrong Is chiefly the ap
prehension on expectation that the de
fendant will . make unreasonable and
exorbitant charges for his services. I
do not think that expectation is suffi
cient to warrant the court in holding
that the defendant will act in a manner
Indicating oppression in office or flagrant
abuse of his discretionary powers."
Judge llorton, representing the com
pany, gave notice of an appeal.
Another Supreme Court Scandal.
New York, November 18. A suit has
been filed In a local court in which J. It.
McMurren, of Washington, seeks to ob
tain a judgment for $30,000 as his share
of the profits of a deal engineered by
Broker Edwin Barbour. McMurren
claims to have furnished detailed infor
mation relative to the decision of the
Supreme court in the Bell telephone case
two day In advance of the handling
down of the opinion, and that he had a
written contract with Barbour to give
him two-thirds of the profits which
would accrue by investment in the stock
of the company prior to the rise which
would come in its value when the de
cision would be made public. It is a no
torious fact that important decisions of
the court have been obtained in advance
for years, and that often the full text
has been procured. This Is the first time
though that a claim has been made in
court that this sort of Information is a
commodity which is bought and sold in
the open market.
Southern European Outlet.
The officers of the Kansas City, Pitts
,burg & Gulf railroad have secured a con
tract for a steamship line from Port
Arthur, the southern terminus of the
road to Liverpool, Hamburg and other
European commercial centers. This
will enable western producers to place
their products on the Liverpool market
at a much lower transportation charge
than has ever been enjoyed before. The
steamship line will be conducted with
the same energy and earnestness which
has made the road a success. It means
much for Western farmers in the way of
better prices for their products.
TRUTH ABOUT THE SALE.
President Will Sends an Authoritative Re
port on the Oattle Sale at
Manhattan.
In rvMpoiiHe to a telegram from the Advo
cate and New, asking for the troth about the
recent Hale of cattle at the Agricultural col
lege, PreHidciit Will dent the following Mate-
ment: t. 1
Manhattan, November 20. On October
20 and 21 the board of regents had all
diseased cattle killed, and their carcasses
burned. 'There remained thirty-nine
head, which were examined by the three
experts employed by the board, viz.:
Dr. James Law, of Cornell University;
Dr. T. A. Geddes, of the United States
Department of Agriculture, and Dr. Paul
Fischer, of the Kansas State Agricultural
College. These experts reported to the
Board th.it "these thlrty-?ii:e animals,
having u.'en twice tested with' tuberculin',
with an interval of nine months, end
having shown no Indications of tubercu
losis, have a better guaranty of sound
ness than have the members of any or
dinary untested herd, and are therefore
desirable animals for breeding pur
poses." Acting on this report of the experts,
the board ordered a public sale to be
held November 18, 18!)7. On November
17 the State Mve Stock Sanitary Com
mission came before the board and made
an Informal protest against the sale of
the stock. They were requested to put
this protest In writing, which they did,
as follows:
Manhattan, Kas., November 18,
1897. To the Honorable Board of
Regents, Kansas State Agricultural
College. Gentlemen: We, the Live
Stock Sanitary Commission of the
State of Kansas, desire to enter our
protest against the sale for breed
ing purposes of what Is known as
the college herd, as we deem them
unsafe to mingle with the other
healthy cattle of the State, as we
believe they have been exposed to .
and are affected with a malignant
and contagious disease known as
tuberculosis; therefore, if sold for
breeding purposes and scattered
throughout the State, they mighty
cause the spread of said contagions
and infectious disease, to the detri
ment and loss of the cattle interests
of the State. Therefore we would
respectfully recommend you to ship
said college herd to some public
market for immediate salughter and
sale for beef, subject to inspection.
Respectfully submitted,
FRANK WEINSHENK,
TAYLOR RIDDLE,
J. W. JOHNSON.
Members' of the Live Stock Sani
tary Commission of Kansas.
The regents met to consider this pro
test, and after a full discussion of the
whole matter, voted that, "Whereas sci
entific investigation has been made by
Doctors Law, Geddes and Fischer of the
health of the herd, and these experts
report that the college herd is safer for
breeding purposes than any untested
herd, therefore be it resolved that the
sale proceed as advertised."
The sale was then made. At the close
of the sale the sanitary commission re
quested the Board to hold the cattle
one hour until the Commission could
consider the matter of Quarantining the
stock. The Board acceded to this re
quest, and the cattle were held one hour,
when as no further communication was
received from the Commission the Board
directed that delivery of cattle be made
to purchasers.
At a Joint meeting of the Board and
the Commission the Board thanked the
Commission for their Interest in the
matter and for the advice glvon, but
they stated they must hold the opinion of
the experts to be of greater value than
that of the Commission.
THOS. R. WILL.
Thirty-nine head were sold for about
$2,000. Bidders were numerous, but
most of the stock went to Taylor &
Valentine, of Pearl, Kas, Plenty of buy
ers were on hand to take the cattle. The
proceeds of the sale will be UHed to
establish a dairy herd and a dairy
pchool, adding a feature of practical in
struction which will prove of great value
to the State.
Major Hudson Takee a Haud.
That t:ie sentiment in favor of turning
down the machine that has controlled
Republican politics for years, is growing
is evidenced by the fact that so many of
the prominent men' of the party and
taking that kind of a stand. In a recent
Interview, J. K. Hudson, who was editor
of the Capital for so many years, and
who is a high priest of Republicanism,
says:
"A State convention that will nomi
nate a ticket independent of the present
offensive political gang, that presumes
to say what the party shall or may do,
and make a platform that voices the sen
timent of the mass of the party will
rally the voters of the Republican party
as they have not been since 1888.
"For the boss and his gang to con
trol the Republican State convention In
1898, although supported by the national
administration, means disastrous defeat
for the party. It Is a contest within the
party against petty, offensive, unprinci
pled bossism, and the voters of the party
can, If they will, assert themselves In
1898 and place Kansas where she natur
ally belongs, In the column of Republi
can States.
"Populism is less to be feared tn re
claiming Kansas than Bossism."
Sedgwick Populists After Cone.
Wichita, November 20. At a meeting
of the Populist county committee here
to-day a resolution demanding the res
ignation or removal of Rufe Cone from
the State committee was adopted by a
majority of two votes. Cone was sent
for and asked to resign before the reso-,
lutlon was sent In, but he refused to do
so. He alleges that he Is not fighting
the State officers, and that he did not
fight the county ticket but that he had
criticised the police commission and he
refused absolutely to resign and an
nounced his determination to fight. The
committee resolution recommends W. A.
Ayers, clerk of the Court of Appeals, to
fill the vacancy which will be created if
Cone h removed.
Wichita County Bonds Illegal.
Attorney General Boyle, through his
assistant, Geo. R. Snelling, has been
trying to enforce the payment of 135,000
of Wichita county bonds held by the
State school fund, but Judge Andrews
holds that the bonds were iasued over
un injunction and are therefore Void,
The case will be appealed to the Bu
prema court ,
v