Custer County Republican. (Broken Bow, Neb.) 1882-1921, April 27, 1899, Image 6

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    CDSTER mm REPUBLICAN
D.
aiBOKEN BOW , NEUKA.3KA.
NEBKASKA NEWS.
Hebron frctalna for another year all
of its school teachers.
The boml-rclnsulng scheme In Te-
ctimsoh carried by a good majority.
The condition of the winter wheat
In Adams county Is not very encour
aging.
A now banking company Is being or
ganized with Illinois and Kansas City
capital for a new bank to be opened
In Wynioro.
Two residences In Valentino wcro
burned last week , and heroic efforts
were required to keep the conflagration
from destroying others ,
A gralnary and two corn crins to
gether with grain and machinery
burned on Ilcjiry Lonoy's farm , three
miles northeast of Plalnvlew. The
cause of the lire was the explosion of
a lantern.
The twenty-third annual tournament
of the Nebraska State Sportsmen's
association , which will bo held In
Lincoln May 2 , 3 , 4 and 5 , will prob
ably be the largest tournament held
In the west for some years past.
Captain Baxtir dlnposcd of the In
terior furnishings of the old post-
office building In Omaha last week.
Although the property when It was
new cost many thousands of dollars ,
It was sold for the sum total of fGG.25.
Orders have been received by the
custodian of the government building
In Nebraska City to have ccrtnln re
pairs made tin the same. The outside
walls will 'be cleaned and painted and
a number of repairs mnde on the In
side.
Dletrlck Gaede of Nebraska City was
found dead In his room at the homo of
his son-in-law , ex-Mayor II. II. Dart-
ling. During the night ho had put a
cord around his neck and fastening It
on the closet door hanged himself. Ho
was seventy-six years of age.
It has been reported that a big
strike was brewing among the packIng -
Ing house men at South Omaha and
that May 1 had been selected as the
date on which the walk-out was to
occur. But It'Is now reported that
the strike has been called off and that
whatever differences there may be will
be settled by arbitration.
Ono morning about 2 o'clock a flro
which was started north of Vroman ,
burned back north of Brady Island
with a heavy northwest wind and de
stroyed much property , At the homo
of Mrs. Anderson , a widow , the fire
spread rapidly and all clothing wan
burned from her body , she being fright
fully burned. Her nephew , John West-
erland , was badly burned about the
head and hands. N. Fllckllngor and
eon wcro badly burned about the feet
and hands.
From n careful examination of the
condition of the fall wheat In Rich
ardson county , It Is safe to say that
fully 50 per cent of It has been de
stroyed by the constant freezing and
thawing since the first of March. Al
falfa and red clover are also badly
frozen out. Peaches and blnckberrrles
and raspberries were destroyed by the
cold weather of the winter , while ap
ples , plums and cherries seem to bo all
right.
The class of ' 99 of Hastings college
will bo the largest that has over grad
uated from that Institution. Com
mencing about Juno 14 , there will bo
n full week of commencement exer
cises , which will Include class , concert ,
debate and banquet. The graduating
class Is composed of Clarence Cookc ,
iRrnest Broullletto , Henry Heller , Rich
ard Morltz , Wilson Stlchter , James
Brown , Edward Bushnell , Charles
Stlno and Miss Erdoll Montgomery.
Mrs. Ahdlel V. York of Rising City
has been adjudged Insane and will be
removed to the asylum at Lincoln If
her health well permit. She was
etrlcken with erysipelas a few days
ago , and from the Inception of the
disease she grew rapidly worse. At last
aho appeared to be dying , all the symp
toms of approaching death appearing.
The family was called to what was
supposed to be a death bed , where
there was a sudden change In the ap
pearance of the patient. She became
hot and flushed and full of animation.
But It soon appeared that her mind
had gone. Her mania Is said to bo ono
of relldon.
The mortgage record for the state ,
as compiled by the labor bureau from
all the counties except Banner , shows
that during the last Blx months of 1898
there wore 6,411 farm mortgages filed ,
the total amount being $7,003,206.46.
There were 8,758 satisfied , amounting
to $8,107,147.84. The town and city
mortgages filed amounted to $1,908-
843.60 , while the releases amounted to
$3,62ii,290.64 , or almost double the fil
ings. The report on chattel mort
gages was Incomplete for the reason
that a large proportion of the mort
gages of this class filed with the
county clerks are never released. The
compilation shows 38,839 filed , amountIng -
Ing to $21,518,388 , and 20,558 released ,
amounting to $9,019,358.
J. J , Evorlngham , deputy of the In-
uranco department of Auditor Cor
nell's ofllco , has issued the annual
statement of risks written , premiums
received and losses Incurred and paid
by the flro insurance companies doing
business In Nebraska , for the year
ending December 31 , 1898. The Joint
flro Insurance companies of other
states and nations wrote risks amountIng -
Ing to $96,326,310 and received $1.250-
079 In premiums. The losses paid
amounted to $552,704 and the losses
Incurred amounted to $569,760. This
shows a great Increase in the amount
of business transacted. The figures
for the previous year were as follows :
Risks written , $87,915,100 ; premiums
received , $1,221,879 ; losses paid , $395-
999 ; losses Incurred , $301,647.
The entire force of government
mlcroscoplsts nt South Omaha , num
bering about thirty young women , 1ms
been laid off until further orders. D.
C. Ayer , chief of the bureau , received
an order to this effect , and It Is under
stood that the falling off In export
orders Is the cause of it
THE NEW LflWS OF NEBRflSKfl
A Digest of Bills Put Through at the Recent
Session of the Legislature.
A SAMPLE OF THE BALLOT MEASURE
The Election , Insurance and School Laws Undergo Liberal
Amendment Criminal and Civil Codes Materially
Changed Appropriation and Other Bills.
The legislature of 1899 adjourned April
I , but the records of the two houses show
that It adjourned March : tl. The session
resulted In thu election of a republican
United States senator to succeed Senator
\V. V. Allon. Judge M. U Ilayward
was elected senator on the forty-third
joint ballot after fifty-seven ballots had
been taken In the republican caucus. The
Hunatorlul contest was the longest In thu
history of the state. The flrat ballot
was taken January 17 and thu election of
Judge Ilayward was effected March 8.
Thu total number of bills PIIHSIMI by the
legislature' ' was 522 , 'llft ' > vt\vo bc'lng' ' sen
ate bills and'iMiVenty ' being house bills.
Two bills frdm the nouso and two from
the senate wore vetoed by the governor ,
the vetoes being sustnln'Mi owing to lack
of votes to override tliom or lack of op
portunity to 'act ' upon them. Ono1 Item
In the general 'appropriation bill was nHo
vetoed. Two years "ftRo the total num
ber of bills passed was 133 , seven of
which' word vetoed ,
In thu matter of appropriations the ses
sion Just closed exceeded the amount
KlVon two 'years ' ago by $113,635 , but at
the same time , appropriated moro than
$200,000 more tlmn the "previous " legislature
for new bulldlngn ; The following is a
compniatlvo statement of the appropri
ations voted'by the legislature'In 18U7
nnd In 1M 1
Salary npproprlhtloil $ 805,300,00 $ ' $35,3Gd.OO
Oenornl approp . . " " ' ' iocoor.ioo !
Claims & doflc'c's 91,311.07 122.880.0t
Legislative nppfbp rto.ooo.oo i3o.ooo.oo
Now buldgrttc. ; . lll.OM.dO 30S.700.00
Sundry misc. bills. . 118M0.93 20.7H.8fi
$2,301,080.32 $2,477,715.00
All lows which were signed bearing
thti , oniorBonc.v clause go Into 6ffuqt on
thd date of the governor's slcnnture.
Other laws go Into effect on July 1.
A digest < u thu now laws follows :
, Jf-I.ECTJ.ON LAWS.
HOURP roll 53. by Xcllers. Amendn sec
tions 120. 130. 131. 132 , 137 , 110 ana 14G and
FChoduk'H "A" and "U , " chapter 2(1 , com
piled statutes of Nebraska for 1SU7 , entitled -
titled elections , and to repeal sections 12 ! * ,
12H , 130 , 181L 137 ; HO and HO , and schedules
"A" and § iH" of said chapter 2G an orU-
Inully existing.
The law repeals the section of the elec
tion providing for party oinhlcma anl
strikes out all reference to emblems "in
the laws nf ( It stood before.
1 ho provision when candidates are tj
bo nominated otherwise than by conven
tion , commlttcq or primary ineetlng ,
United States raises the number of sinn
ers 'm-cesHsary for petitions as follows :
"Tho number of signatures shall not
bo less than live thousand when the nom
ination Is for on ofllco to bo filled by
the electors of the entire State , and no *
foss than two hundred and fifty when the
nomination Is for an olllco to bo filled
by the electors of a townohlp , precinct
or ward , provided that the number of
signatures need not In ' any Instance ex
ceed one-fourth of tho' total number of
voters when the nomination Is for an of-
lice to b" < filled by the electors of a co m-
ty , township , precinct , village or ward ,
and that the Miniatures need not all tie
appended to ono paper , "
A provision provides 'tho name "c ( I-
zens ticket" for an Independent ticket
In cities of the second class and villages ,
The change In form of the ballot Is pro
vided as follows :
Instructions to voters arc as follows :
Persons desiring to vote must proc-iiro
their ballots from a judge of tbo election
board. They must then without leavlg
the polling place , proceed to a compart
ment and prepare their ballots.
Thu ballots are. prepared as follows :
Make a cross In the square to the right
of every candidate for whom you wish to
vote. In a presidential election , make a
cross In thu circle to the right of the
group of presidential electors of your
cholcu provided you dcslru .to vote for
all the electors of ono party ; otherwise
do not mark In the circle , but make a
crosu In the square to thu right of every
elector for whom you dcslro to vote. Do
not jnnko any mark In the circle , but
make a cross In the sfiuaro to the right
of every elector for whom you dcslro
to vote. Do not make any mark on thu
ballot save as above directed. If you
spoil a ballot return It It thu Judge of
thu election board and obtain from him
a now ballot ; you cannot get more than
four In all. Having marked your ballot
fold It HO an to conceal the names and
marks on the face and to expose the
names on the back ; then take It to the
judgu of election and sou It deposited In
the ballot box , after which immediately
leave the railed enclosure.
if you wish to vote for any per-jnn
whose name Is not on the ballot , write
his full nanio In the blank space on tlie
ballot under the proper otllco' you wish
him to'hold. , and make a cross In the
biiaro | opposite the samo.
Spnato Illcj 287 , by Talbot of IJancaBtcr ,
to authorize and provide for the use of
voting machines.
Suction 1. The county and municipal
hoards , In counties and cities of this
state , tn-y authorize the use 'of vote and
register machines of such kind as will
secure absolute secrecy to the elector ,
accurate rcconl of every vote cast , pre
vent fraudulent voting and not liable ? o
K 't. or be , Jy mlschlcveo.us ppraom.
placed , out1 of working order.
Sec. 2. If the use of s\lch \ machine bo
not authorized by the county or munic
ipal board and 10 per cent or more of the
voters of any precinct or voting place ,
having 100 or more electors , petition the
county or municipal board therefor , the
question of adopting the use of tnd voting
ing machines shall at the next general
election be submitted to the electors of
such precinct , and If a majority voting
lit nalil election vote ves. the board shall
purchnsc and provide the requisite .num
ber of such machines and cause them
to bo placed In the polling places. At
least ono day before thu next gono/nl
election. Use of such machines may ho
dlucontlnucd on rc-submlsslon of the
Question and vote In favor thereof , at any
subsequent election.
Soc. 3. . The counters or registers of
each machine shall be enclosed within
a compartment requiring three separate
keys for opening thereof. Each judge of
election shall keep one nf such keys till
the result ; of the vote Is taken and re
corded In the poll book ) when all such
keys shall be sealed In an envelope and
forwarded to the county or municipal
clerk as a part of the election returns.
Sec. 4. A blank ballot shall bo pro
vided In form like ballot used Jn pre
cincts whcra voting machines are not
used on which electors may write names
of any persons for whom they wish , to
vote , whoso names are not on the printed
ballot In the voting machine.
Thu party polling thu highest number I
of votes tit the hist m-neral election fur I
the head of thu Btato ticket shall have
the right of Its nominee Immediately beneath -
neath the nanio of the olllco for which
such candidate was nominated ; the paiiv
polling thu second highest number of
\utus shall huvo the second place ; the
puity polling thu third highest number'
shall huvo the third place , and a o \ .
leaving those candidates whos-u namej ap
pear upon HUId ballot by petition to ap
pear beneath all other candidates plic > d
there by nomination. In each dlvl-i JU
and below nil enndiilaU-s placed them
by nomination or petition , a blank np > iuo
shall bu piovlded , into which electors inav
wrltu the name of any person for whom
they wish to vote , and whoho nanio m
not printed upon thu ballot.
Knch dliHlon containing the name of
the otllc-e and a list of thu candidates
nominated I'ur sueh ollice , shall bu ren-
nrnted from other groups or divisions by
a dlctnu't and heavy line. Any candidate
who shall bu the logular nominee of ono
or more party conventions shall Hnvo
the party title of each party sg lunnlirit-
Ing him , printed after Ills name. Thu
names of these candidates shall bu prlni-
cd In capital lettcis ono-olghth of an ineli
high , and following each line upon which
the name of the candidate and party tlik-
Is printed , u square shall bo printed , each
sldo of which shall bu one-fourth of a.i
inch. The space Intervening between iha
nainos of the candidates of the name par
ty , for the snmu olllco. shall bo space
between candidates of different tluvj-
Hlxtocnths of an Inch , and the parties
HhuH bo one-fourth of an inch.
Provision is made whereby electors in i
making ballots may use a blue pencil I
Inrtcad of an Indelible one.
Sec. G. Ilofore opening the polls , the
judges shall put In thu voting machine ,
a ballot coroHpondlng in foim as near
as may bu to the olllclnl ballot In use and
i arranged so that the button opposite a
I candidate's name on the key-board will
operate thn counter opposite such natvo.
i Hutton In this act shall Include and me'ri
1 any push button , lover , key or other de-
I vlcu to bu used by thu voter for express
ing his will or choice. All counters shall
then bo placed at naught (0) ( nnd publicly
so shown to all party representatives ,
nnd the apartment securely locked. No
i pel son shall open the counters apartment
during progress of any election , except
' lor unavolable necessity and then only
in the presencu of a rc-presontnlvo of each
party having a ticket on the ballot.
Sec. 0. After closing the polls , the elec
tion judges shall lock the machines
against further voting and In presence
of at least ono witness from two different
political parties , if any are present and
dealt u to witness , shall unlock the co'i'i-
ters apartment and forthwith announce
1 thu number of voters for each candidate
I and for or against other propositions , and
i thu snmo shall bo at once reconled In
I the pull book. Kaeh member of election
board shall Immediately verify thu num-
I ber recorded with these shown on tini
1 counters and the counter apartment then
| bu again locked.
Sec. 7. The election board In precincts
where voting machines are used shall
consist of three judges , ono shall keep
thu door of the voting machine , ho nnd
ono judge shall each keep In the poll
hooks the Hats of these voting. Thu otlii- "
shall Instruct votets when necessary , in
the proper use of the voting machines.
It more than two mnchlnca are uvcd at
one votlni ? place , a doorkeeper may be
provided for each additional machine.
Sec. 8. The voting machine shnl be
plncod within a railed enclosure at least
three feet from such railing. There shall
bo one machine for every three hundred
voters or fraction thereof.
Hec. 0. A model of the voting machine
key-board shall bo at every polling place
on which the Instructor shall Instruct tno
electors thoroughly before they are per
mitted to enter the machine to vote.
Section 10 , The county or munlcip.il
clerk shall provide four ofllclal ballots
on white paper , ten sample ballots on
red or croon paper , and two hundred
blank ballots on white paper , for cash
machine. Sample ballots shall bo con
spicuously posted nt the polling place fet
'nspcctlon of voters. Nothing contnlmd
n any section or provision of the election
aw as to 'tho manner of preparing , casi
ng , preserving or transmitting paper ual-
lots in precincts where voting machines
are not used which conflicts with this
act shall apply to elections In precincts
where voting machines are used ,
Section 11. When a ( jualined elector
presents himself nt the polling place to
vote , tiln name shall be recorded In the
poll-books and ho be given a blank ballot
If ho so request , on back whereof two
nidges shall first write their names In
nk. The voter shall then , if not chal
lenged , bo admitted to the voting machine
and record his vote by pushing buttons ,
till he securely locks the buttons oppo
site the numo of every candidate for
whom ho desires to vote. Should he de-
slro to vote for it person whose name > s
not printed on the ballot of the voting
machine , ho may write the name of such
person In the proper space on the blanK
ballot furnished and return It to li'c
Judges of election who shall deposit It
In the ballot box in the voter's presence
who shall forthwith leave the railed en
closure. No voter shall be permitted to
occupy a voting machlno beyond two
minutes. Voters who by physical disabil
ity , are unable to record their votes In the
machine , inav have nld of onu of tht.
election board. Intoxication , Illiteracy or
want of mental capacity shall not be
deemed physical disability.
Section 12. The "blank ballots" provid
ed In section 4 , cast shall be canvassed
as ballots are canvassed where machines
are used.
Section 13. If the voting machine b -
comes out of order and cannot be oper
ator , the election board shall proceed by
voting with paper ballots and all such bdl-
llots cast while the machine Is out cf
crtler , shall bo counted , and be separately
canvassed and returned.
Section 14. . Any person who shall tam
per with any voting machine so as to
derange its working , or change any coun
ter , or falsify report or return the result
of any voting machine , shall , upon con
viction , be lined not to exceed $1,000 or
be Imprisoned in the penitentiary not
moro than three years or both.
House roll 181 , by Oltnstend. No candi
date indirectly or directly under penalty
of a flnc of $50 or six months imprison
ment shall pay for any entertainment to
nny meeting of electors previous to elec
tion ; give away or treat to any drlnk.j ,
cigars or other refreshments ; pay any
thing to promote the nomination or elec
tion of any candidate except for the \ unit
tide personal expenses and then not in
excess of sums as follows :
For five thousand voters or less , $1000' . ' ;
for each ono hundred voters over llV'3
thousand and under twenty-five thou
sands , JJ.W , for each one hundred voters
over twenty-live thousand and under flftv
thousand , $1.00 ; and nothing additional
for voters over fifty thouspnd. Any pay
ment , contribution or expenditure , or
agreement or offer to pay- contribute
or expend any money or thing of vulua ,
In excess of the limit prescribed by this
act , for nny or all such objects and pur
poses , ; s hereby declared to bo unlawful
and to make void the election of the por-
F"ii making It. Hut this section shall not
apply In canes where such nomination of
Kuoh candidates , or any rival candidate
for the snmo olllcc , shall have 'isri
made orlor to the taking effect of this
act. Nothing in this section shall refer
to traveling expenses.
The bill provides that all the candidates
for preferment at a caucus ot convention
or primary election for ollice of United
States representatives , shall llle expense
statements with the clerk of his county ,
the form of atlldavlt being given. Condl-
oates for the olllces themselves shall per
form similar acts after election. The
penalty Jlxed Is n line not over $1,000.
No certificate of election shall be given
till the expense accounts nre llled. Proof
that a sum In excess of the amount al
lowed has been expended shall be cause
for rsmoval from ollice on action brought
by the public prosecutor on demand by
the attorney general , and such cusej
s-hall have the preference over civil casoj
on court dockets. Lclslative seats may
be contested In this manner.
Political committees shall disburse all
funds through a treasurer. All acounts
of funds disbursed by others than the
treasurer shall bo kept nnd reported to
him and ho in turn shall llle n report with
the county clerk showing how all the
monev was expended. Hcports must be
llled within twenty days after the elec
tion nnd all claims owing by the commit
tee must be paid in eight days after
election. Penalties are provided for
treasurers of committees refusing to com
ply with the law , the same being Impris
onment for from throe to Blx months.
"It shall bo unlawful for nny candidate
for any ollice which Is to bo tilled by
popular election under the constitution
or laws of this state , or for nny member
of a political committee to pay , contrib
ute , promise or offer , or to procure or
connive nt the paying , contributing ,
promising , or offering nny money or
thing of value for the purpose of procur-
Irg , facilitating or defraying any fees or
expenses In connection with the naturali
zation of nny nllen or aliens , and any violation
lation of this section shnl be punishable
by a line of not less than $100 nor more
than J500 , or Imprisonment for not less
than ten nor more than thirty days , or
both. "
Emergency clause. Approved April 4.
Senate llle 15 , by Van Dusen of Douglas
to protect primary elections anu con-
\entlons of political parties and to punish
offenses committed thereat.
Section 1. A primary election , within
the meaning of this section , and as used
In this net , Is an election held within
the state , county , city , district or sub
division thereof , as the case may be , by
the members of any polltcal party , or
by the voters of some polltcal faith for
the purpose , of nominating candidates
for ollice , or electing delegates to party
conventions.
Sec. 2. All primary elections held in
tins state uy the various political parties
fhall be held and conducted in the same
form and manner nnd under the same re
quirements as are or shall be provided by
Viw for the holding of regular state elec
tions , except as Is herein otherwise pro-
vlded.
Soc. 3. Any act or deed denounced an
offense by the laws of this state con
cerning elections ehnll nlso be nn offense
in nil primary elections , and shall bu pun
ished In the same form and manner as
u. provided for the punishment of similar
offenses by the laws of this state.
Sec. 4. A committee of governing au-
thcrlty of nny polltlcnl party desiring
to hold a primary election unner me pro
visions of this net shnll give twenty
days' notice , giving the date of the pro
posed election , the otlices tor wnicn can
didates nru to be nominated or conven
tions to which delegates are to be eloito.l.
Where registration la required thu polls
are to ojion nt 12 and close at 7 p. in.
Ruction 5. That all persons who nre
k-gnl voters shall have the right to par
ticipate in such primary election , mibiocl
to such additional political < iuallllcatluna
as may bo prescribed herein or by the
committee.
Section li. In order that none but those
alllllatlng with and being members of any
political party shall participate In any
primary election held by such political
party , a system for the registration of
Mich persons Is hereby provided. In nil
cities nnd towns , of whatever class , In
which a registration law is in force under
the provisions of the general Inw govern
ing regular state elections , there bhnll be
hpaco on the regular registration books
headed "party alllllatlon , " and the ques
tion shall bt > put to each voter , "What
political party do you deslro to alllllate
with ? " And the name of the polltlcnl
party given by such person so applying tel
l > e registered shall bo recorded in the
column provided on the books for that
purpose. In case any person applying to
bo registered does not desli'o to state
Ms party alllllatlon ho shall not bo re
quired M > to do , nor shall his failure to
do so act ns n bar to his registration for
the purpose of voting at any election
hold under the provisions of the general
election law , but only nt primary elec
tions. , ,
Any person who wns prevented from
lOKlsteringat the regularly appointed time
for any of the above named causes may
apply at the polls of the precinct In
which hu resides nt the primary election
and upon the presentation to the judsi-a
of such election of hit allldavlt , sworn
befor the city cUrk letting forth the
reasons or causes for his failure to reg
ister as herein provided , together with
the affidavit of at least two well known
ami reputable resident freeholders of th
precinct.
Section 8. The person or persons ap
pointed by the committee or governing
authority of any polUcal party to copy
the names of those persons cntiMcd to
vote at any primary election from the
regular statr registration books into the
primary registration books shall , before
entering upon the discharge of such duty ,
be swora by some olllcer authorized by
law to administer an oi-th.
Section 11. The oflleern for each election
precinct , in all primary elections held
under the provisions hereof , shnll consist
of two judges and one clerk , and their
duties nnd responsibilities shnll be pre
cisely th same ns these of legally ap
pointed nnd regularly qualified olllccra of
rcRUlnr state elections. They shnll bo
nppolntcd by resolution passed by a ma-
lorlty vote of the members of the regu-
.arly organized and constluted committee
or governing authority of the political
party holding such primary elections.
Section 15. All expenses for holding
such primary elections shall DC berne
and paid by the political party holding
the same , and the pay of oillccrs , cost of
publishing and circulating notices of elec
tions nnd all other expenses shall be
defrayed in such manner as may be pro
vided for by the committee or governing
authority of the political party holding
such primaries. The Australian ballot
shall bu used In voting.
Section 1C. The provisions of this article
shall apply to all primary elections held
for the purpose of nominating candidates
for state , county , district or municipal
cilices hereinafter held in this state , ex
cept these held In the year ono thousand
> lght hundred nnd nincty-nlno , but thu
Irst reuistrntlon of voters its required
by this act shall be had at the state
registration held In the fnll of the year
one thousand eight hundred and ninety-
nine.
House roll No. S92 , by Detwellor.
An act to amend section 13 of chapter
12a entitled cities of the metropolitan
class of the compiled statutes and to
icpenl snld section 13 ns heretofore ex
isting ; nlso to amend chapter 26 entitled
"Elections , " and being section 7 of said
chapter , and providing for a police judge
for cities of the metropolitan class , and
to repeal said section 2908 of said complied
statutes as heretofore existing.
Adds a provision for the election of a
police Judge In metropolitan cities In addi
tion to six justices and six constables In
the law formerly existing , the election
to take place at the time specified In
the act creating the ofllco. Anproved
April 4 ,
IIouso roll No. 413 , by Clark. Amends
section 7 , chapter 2C , compiled statutes ,
and repeals them as existing before.
Provides that Instead of three justices
of the pence and three constables In cities
having less than SO.OOO and more than
25,000 Inhabitants there shall be two Jus
tices of the peace and two constables In
cities of the first class having less than
100,000 and more than 23,000 Inhabitants.
INSURANCE LAWS.
House roll No. 191 , by Weaver. Reenacts
acts the entire Insurance code , providing
that nn Insurance department shnll be
created with headquarters on the first
floor of the capital building. The gov
ernor Is appointed Insurance commis
sioner nnd he with the advice nnd consent
of the senate shall appoint a deputy who
may exercise cqunl power with the com
missioner subject to his approval. The
deputy's salary shall not exceed $2,000
per annum. The auditor shall surrender
records to him. The stnte treasurer shall
hold securities.
All companies of other states and every
foreign company doing business in the
stnte shall give the Insurance commis
sioner a power of attorney as attorney
tor services In nil suits brought against
such companies In the stnte.
Insurance companlofa shnll pny fees ns
follows :
Domestic companies , $50 per charter
and all necessary filings and papers
necessary to complete their incorporation ;
for filing annunl statements , } 20 ; for each
agents' certificate. 50 cents ; two certifi
cates of publication , $1 ; annual license ,
$1. Each domestic Insurance company
shall be taxed on the excess of premiums
received over losses and ordinary ex-
.IIHUS uuniiK inu year previous , me inx
to bo proportioned ns nil personal prop
erty is taxed. These fees nnd taxes
shnll be In lieu of nil fees and tax a
except taxes on real estate. There may
be an occupation tax of $5 per annum
for each agency which any city , town
or village may Impose.
Every other state company shall pay
for depositing copy of charter , $100 ; filing
copy of amended charter , $75 ; filing an
nunl stntement , $50 ; ench agent's certifi
cate , $2. Companies doing n life nnd acci
dent business shall llle separate state
ments for each and hhall pay $100 each
year for filing the two statements. The
same fee applies to life Insurance com
panies that transact Industrial business.
Miscellaneous companies shall pny $50
for statement each year reporting all
their transactions. Every other state
company shall report the gross amount
of premiums received annually in the
state and pay 2 jier cent of the gross
premiums so reported as additional license
fee to the state treasurer nnd shnll not
bo rellcensed till the payment Is mnde.
A few small concessions In filing fees
are made life or accident companies under
reciprocal provisions. All other state
companies shall pay annually J2 for two
certificates of publication , $2 for every
paper filed , 10 cents per folio and $1 for
certifying the same. The taxes and fees
referred to shall be paid the state treas
urer before service Is performed by com
missioner. In cities of the first class
and In cities of the second class having
more than 6,000 Inhabitants that maintain
n flro department an occupation tax of
not moro than $10 may be levied with n
tnx of not moro than $5 in smaller
places.
Foreign country comnanles of nil kinds
ahnll pny the snme tees and taxes as
other state companies of like character.
Foes of examiners are fixed at $10 a
day with necessary traveling expenses.
Nothing In the act shnll be construed to
affect either fraternal beneficiary associ
ations doing business In the state under
the laws except the exemption from
taxes on premiums and assessments and
occupation and lire department fees. Tha
exception shall apply to all fraternities
irom any state or country doing business
on the lodsrc plan.
The fees nnd taxes provided for other
state companies shnll apply to nnd be
pnld by ench company of every character
organized under the laws of any other
state doing business In Nebraska except
frdaternnl beneficiary associations , mu
tual accident Insurance companies , mu
tual benefit associations , conflicting pro
visions In other acts notwithstanding.
Provided that this net shall not apply
to any fraternal beneficiary society or
association or to any mutual accident
Insurance company , society or associa
tion doing business In the state. Pro
vided that associations of employes for
mutual benefit of members shall not be
subject to the provisions of the act.
The law provides a code for life Insur
ance companies and various mutual com
panies Included In former insurance lejj-
Islatlon.
The bill receals sections 1 to 11 Inclu
sive , chapter 1C , nnd toutlons 1 to 42 in-
clur.ive , chapter 77. compiled statutes.
Senate file No. 176. by Stet'le of Jeffer
son , to authorize the Insurance commis
sioner to license lire Insurance brokers.
Suction 1. The Insurance commissioner
of Nebraska , In consideration of the
yesrly payment of the sum of $25 , may
Issjo licenses to citizens of Nebraska
permitting and authorizing the person ,
party or firm named In such license , to
act as agent to procure policies of lire
insurance from any company that is not
authorized to transact business In this
t-tnte , provided , that before any Insurance
Khali bi > secured under the provisions of
this act there shall bo executed by the
party licensed , and by the owner or "man
ager of the property upon which Insur
ance Is desired , , an allldavit. Such alil-
cnult shall set forth in n clt-nr and dis
tinct manner , and In pilch form and detail
as the Insurance commissioner may direct
i lint the party desiring such Insurance la
after diligent offoit. unable to procure
the amount required to leasonably pro
tect the property owned or controlled by
him , from the companies that nru then
duly authorized to transact business In
NenrasUa. The lire insurance brok > r
procuring such policies from such unau-
thoilKed companies shall be by thorn
authorized to accept ervlco of all letal
processes. Issued under authorty of the
law , In this state , and said licensed
btoker shall bo , and he Is hereby required
to keep a distinct and separate account
theioot , open at all times to thn exanP
Inatlon. showing the exact amount of
such Insurance placed , the gross premium
chargel therefor , and whore the property
Insured Is located and the name in which
such Insurance is written.
Section 2. Each nnd every person apply
ing for such broker's license shall exe
cute and deliver to the Insurance com
mlssioners a bond , with personal security ,
Dr from some reliable surety company , ,
n the pennl sum , of ,50p. conditioned \ L.
hat said licensed broker shall faithfully } r
somply with the laws of this state and
he provisions of this act , and that lia
vlll pay to the trensurer of the state ,
nklng duplicate receipts therefor , ono to
be filed with the stnte auditor , a sum
equal to 3 per cent upon the amount or
he gross premiums charged the policy
lolders , upon all policies procured by
lira during the continuance of his said
icensa pursuant to the provisions oil this
net , and In default of such payment tha
ittorney general of the state shall sue
such licensed broker upon his bond and
upon convlctlb.i such licensed broker shall
lorfeit and pay the sum of $100 In addi
tion to the 3 per cent required by thla
section to bo paid , and his license from
the state shnll be revoked and the guilty
imrty or parties be debarred from either
directly or Indirectly being again licensed
as insurance broker or Insurance agent
In this state , for the period of twelve
months. ,
Section 3. All fire Insurance policies Is
sued to residents of this stnte , or upon
property situated In whole or In part in
this state by companes or persons who
have not complied with the laws of this
Btate , unless procured under and by
virtue of the provisions of this act , are
hereby declared void.
Kmergency clause. Approved March 4.
House roll 187 , by Weaver. To pro
vide that all flro Insurance policies , writ
ten ' nnd covering nn whole or In part
upon property wthln the state of Ne-
brnska shall be written , countersigned and
Issued only by a duly authorized officer
or agent of such company , resident of the
state of Nebraska ,
Section 1. All nppllcnnts to do fire
Insurance business In the state shnll In
addition to the returns required by the
insurance law , fllo with the Insurance de
partment a return that inoy will not di
rectly or indirectly by way of reinsur
ance or otherwise write any tire insur
ance on property in the state except by
the agent resident In tht > county or state
where such property Is situated.
Section 2. The returns provided for
In section 1 shall be Illea annually.
Section 3. Refusal to comply with the
provisions of the act shai be met by re
voking of the authority or llcnn.se to do
business.
Section 4. The Issuance of every pol
icy contrary to the provisions of the k
act shall bo deemed a separate misde- - * .
meaner.
Section 5. The penalty for violating th
act shall be on conviction Imprisonment
In the county pall for not less thnn 30
or more than 90 days or by fine of $50 to
$100 for each offense.
Section 6. Any company or person who
shall place or solicit insurance in a com
pany not authorize * ! to place insurance
In the state shall on the failure of such
Insurance company to pay the cnlm , bo
llnblo to the Insured for the amount the
Insurance company would hnve been lia
ble. Such Insurance companies shnll
not ngnln do business In the state for a
period not less than 90 days or until lia
bility for the action Is dlsunnrgcd. The
Insurance commissioner Is empowered to
make Investigations of companies seek
ing admission to the state with the end
of ascertaining whether they have been
doing business in the state.
Section 7. All acts or parts of acts
In conflict herewith are repealed.
Section 8. Emergency clause. Approved
March 24.
Senate file 35 , by Holbrook of Dodge.
For an act to amend sections 70 , 85 , and
87 , chapter 43 of the compiled statutes
of 1897 and to ndd to said chapter 43 , two
new sections herein designated as sec
tions S5a and Sob.
Section 70 Every corporation or as
sociation organized under the laws of
this state upon the mutual assessment ,
stipulated premium , plan , for the purpose
of insuring the lives of Individuals , or of
furnishing' benefits to the widows , heirs ,
orphans , or legatees , of deceased mem
bers , or paying nccldent indemnity , shall ,
before commencing business , comply with
the provisions of this net.
Section 85 , chapter 43 , statutes of 1897 ,
Is amended to read : Any corporation or
nssoclnttlon doing business In this state
which provides in the main for the pay
ment of death losses or nccldent Inndem-
nlty by nny nssessment utxm Its mem-
bers , or upon the nnturnl premium plan ,
upon the stipulated premium plan , shall ,
for the purpose of this act bo deemed a
mutual benefit association. No coruora-
tlon or association operating upon the
assessment plan , or upon any plan other
thnn the nnturnl premium plan , or
stipulated premium plnn , as hereinafter
provided in this act , promising benefit
upon any other event than that of tha
death , or disability of me member re
sulting from accident , shall be permitted
to do business In this state , and It shall
be unlawful for any such association or
corporation now or hereafter organized
01 authorized under this act , to provide
for or promise cash surrender values , ex
tended or pnld up Insurance , endowments ,
or any form of investment Insurance.
This act shnll not relieve nny corpora
tion or assessment association now doIng -
Ing business In this state from fulfill
ment of any contract heretofore entered
into with Its members under Us policies
or certificates or membership , nor shnll
any member bo relieved thereby from
his or her part of said contract.
Section 5n , n new section , provides
for the distribution of any surplus ac
cumulations , for extended and paid up
Insurance and for equitable cash sur
render value of policies by any natural
premium or stipulated premium life as
sociation.
Section Sob provides that the stata
shnll receive from each company of their
states or nations $2 for each certificate
issued to nn agent , nnd from companies
of this state 50 cents.
Companies of other states or nations
complying with this net shall pay to the
state for a certificate of authority $25 ,
nnd also an annual fee of $20 , and each ,
company organized In this stntu slinll
pay nn Incorporation fee of $20 , and each
company organized In this state shnll
pay an Incorporation fee of $25 , provid
ed that the reciprocal law shall be ap
plied to companies of other states and
nations.
Section 87 , chapter 43 , stntuteis of 1697 ,
is amended to rend : .
Sec. 87. When such Insurnnce nssocla-
tlons or companies not organized In thla
state , having assets of not less than
$50,000 shall comply with the require
ments of the Inws of this state , and shall
satisfy the auditor of public accounts
that It is in a solvent condition and able
to meet its obligations at maturity , h < j
shall Issue to such company n certitl-
cnto stating that such company has com
plied with the laws of this state. Pro
vided , That this section shall not apply
to purely mutual nccldent associations or
corporations. Provided further , that this
act shnll not apply to nny fraternal ben
eficiary society or association doing busi
ness In this state.
Senate fllo IS , by Tnlbot of Lancaster ,
to authorize the organization of mutual
bond companies to insure the fidelity of
members of such companies holding plac
es of trust * nnd
responsibility in , to or
under nny corporation , company , person ,
or persons.
Any number of persons not less than
ten , a majority ofborn shnll reside In
this stnte. may organize such compa
nies. Such companies , shall embody the
word "mutual" in their name. Articles
of Incorporation shall be ulcd with the
state auditor. Any officer or member
of nny mutual , fraternal , social clvio
or military organization may become
members. The members shall elect di
rectors who shall elect officers from their
own number , oxccpt that the secretary
may bo chosen elsewhere. If any mem
ber shall fall to pay nis nssossment , then
the company may sue to recover. Suits
against such company may also he
brought by a member thereof If payment
Is withheld after a los neoomes due.
Such company may Issue bonds guaran
teeing the fidelity of a member In any
s'-m from $ 'Wi ' to $5.1)00. ) No nsspssm"iit
shall bo made upon nny member for lia
bilities incurred prior to his member
ship. A reserve fund of not less than 5
per cent of the amount collected In cash
from assessments shall bo set apart
When any comnany disorganizes the asl
sots , after liabilities are pnld. shall bo dl-
vldod pro rata among the members. Any
company organized under tbf provisions
of this net , shnll .pni , in Incorporation
foe of $10 , and n foe of $1 for filing nnnunl
reports , nnd M e ntf o.ien for certificates
of authority to agents ; provided , that no
occupation tax or tux on the assessments
of nny member shall bo levied nnd col
lected.
Emergency clause. Approved March
Gates college nt N'ollgU oncncd for
the spring term with an attendance
nearly the same as that o ! the winter
term , nn nnusual occurrence ,
-f-