M'COOK TRIBUNE.
I" . 91. , Publisher.
McCOOK , NEBRASKA
NEBEASKA
The members of the Grand Army ol
the Republic have decided to hold a
reunion at Cambridge in September.
Vacant buildings are "becoming very
rare in O'Neill. There is not a vacant
building suitable for business purposes
in the city.
Charles Ewing , an inmate of the sol
diers' home at Grand Island , stole ? 100
last week from three of his sleerjing
comrades and escaped. The police are
on his-trail.
Mrs. Dick Hosted , wife of a prom
inent farmer living four miles west oi
Emerson , was taken violently insane ,
At times it required the efforts of three
men to restrain her.
Grand Island will be treated to the
experience of a revival in the building
improvement line this spring. Many
new dwellings and several new business -
ness houses are projected.
The stockmen of Cass county are 'jub
ilant over the early appearance of grass
this spring. The past winter has been
much harder than usual and they "have
been forced to feed a week or two more
than usual and the return to spring and
plenty of grass is greatly appreciated
Henry Laney , a farmer living thres
miles northeast of Prainview , had a
loss by fire. His son , who slept in the
granary , heard a noise in the horsa
stable and got up to quiet the tumult ,
and his lantern exploded. The gran
ary , two corn cribs , and some -grain
and machinery -were consumed.
The fish car passed through O'Neill
Friday night and left several cans of
trout for the streams of northern Holt.
These streams are already becoming
pretty well stocked and itwill be but
a few years until Holt county -win Tie
a favorite resort for the devoted dis
ciples of Isaac "Walton and headquar
ters for fish yarns.
One of the biggest blowouts in Tiorth-
ern Nebraska this year will be thn
Woodmen's picnic , which is to "be held
at Ponca some time during the sum
mer. The celebration will be partici
pated in by all lodges and their friends
in that part of the state and as the
date approaches elaborate preparations
will be made to properly entertain the
multitude of visitors.
The business men of Auburn raised a
liberal amount of money and purchased
additional land adjoining the Missouri
Pacific yards for the use of the com
pany upon which to lay additional side
tracks and build a roundhouse. Thu
the citizens agreed to when the com
pany removed its division to Auburn.
The company will begin the erection
of a roundhouse at once.
Through a defective chimney fire
broke out in A. D. Anderson's laundry
at 'Minden. ' The building being one of
a row of old frame buildings and the
wind blowing a strong gale from the
north , it seemed for a while as if the
whole row and adjacent "brick buildings
would be consumed , but the quick
work by the firemen quenched the
flames and saved the other buildings.
C. T. Barto of Wakefield has in his
possession something unique in the
way of a musical instrument , being a
violin of Italian make , bearing data
of 1721 as the time of manufacture ,
which is probably correct. It came
into the possessions of Mr. Barto in the
Srear 1857. Musicians who have examined - '
ined and played upon it declare it to
be an exceptionally fine and well pre
served instrument.
Fourteen years ago a man named
William Taylor left Holt county be
tween two days , owing several O'Neill
merchants sums ranging from a dollar
or two to $62. No one In the county
heard anything from him until ono
day last week he returned to the town
from his present home in Michigan
for the express purpose of paying these
bills. After squaring up he left for
home contented and happy.
The city of Wayne now procurei
water and light free. The water renta
and electric light receipts amount to
more than enough to pay all running
expenses of the plants , which amount
to about $200 per month. The receipts
from the electric light plant last month
amounted to $165 and about as many
more lights can be put in before the
capacity of the plant is exhausted.
New plants are being put in every day.
Doctors of Bradshaw and York per
formed a second amputation on Jo
seph Prohaska , living seven miles
south of Bradshaw , who had the mis
fortune to get his left foot and leg
badly mangled and torn in the gearing
of a feed crusher. His leg was ampu
tated at the time below the knee , but
owing to the bruised condition of the
knee a second amputation was pei-
formed. The patient promises to pull
through the ordeal.
Wymore , is is stated , is to be a "wide
open" town during the administration
of Mayor Dodds. In an interview with
the mayor it was learned from him
that this policy will have his official
approval , but public houses will be
conducted on a somewhat metropolitan
plan. "There is no way to stop these
things altogether , " said Mayor Dpdds ,
"and I believe the best Ching to ll > e
done is to allow them to run and fine
them each month. In this manner the
school fund would be materially bene-
isted , and I believe the plan will re
ceive the approval of the citizens in
general. The proprietors of these
places will be notified to appear before
the polic judge once each month and
pay the license required of them and
so long as they do so they will not be
molested. However , if they fail to pay
the monthly fines , the officers will be
ordered to arrest them and in that
case the costs will be much heavier. "
There will be but very little fruii
near Aurora this season. Fruit buds
on the peach trees are all dead and
many of the trees are nearly so. All
of last year's growth of wood is dead
and most of the trees planted last
spring are killed to the ground.
The winter wheat crop in this lo
cality , says an Ashland dispatch , is
supposed to be a complete failure. A
report from 800 acres in Ashland pre
cinct shows that there is not more than
one-eighth of a stand and the farmers
are now plowing it up preparatory to
planting corn. Similar reports from
almost every section of the county give
the same result.
THE NEW LflWS OF NURflSKA
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 3839 adjourned April
2. but the records of the two houses show
that It adjourned March 31. The session
-resulted In the election of a republican
united States senator to succeed Senator
AV. V. Allen. Judge M. L. Hayward
was elected senator on the forty-third
joint ballot after fifty-seven ballots had
been taken in the republican caucus. The
senatorial contest was the longest in the
history of the state. The first ballot
was taken January 17 and the election"
Judge Hayward was effected March 8.
The total number of bills passed by the
legislature was 122 , fifty-two being sen
ate bills and seventy being house bills.
Two Wris from the house and two from
the senate were vetoed by the governor ,
the vetoes being sustained owing to lack
of votes to override them or lack of op
portunity to act UDon them. One item
In the general appropriation bill was also
vetoed. Two years ago the total num
ber of bills passed was 133 , seven of
which c.'cre vetoed.
In the matter of appropriations the ses
sion just closed exceeded the amount
given two years ago by $113,635 , but at
the same time appropriated more than
$200,003 more than the previous legislature
for -new "buildings. The following Is a
comparative statement of the appropri
ations voted by the legislature in 1S97
and Jn 1SS9 :
Salary appropriation 5 05.300.00 $ S35.3G0.00
General approp 1.104.9G7.3G 1,000,055.00
Clciims & defie'c's 31,311.97 122.8SC.Ot
legislative approp 130,000.00 i30.coo.oo
"New buldgy : , etc. 111.000.00 305,700.00
Sundry misc. bills. . 118,500.09 20.714.8ij
$2,304,050.32 $2,477,715.30
All laws which were signed bearing
the emergency clause go into effect on
the date of the governor's signature.
Other laws go into effect on July 1.
A disest of the new laws follows :
ELECTION LAWS.
House roll 53. by Zellers. Amends se-
tions 129 , 130. 331. 132 , 137 , 140 and 14G and
schedules "A" and "B. " chapter 26. com
piled statutes of Nebraska for 1S97 , en
titled elections , and to repeal sections li >
129. 130 , 131. 137. 140 and 140 , and schedules
"A" and "B" of eaid chapter 2G as orig
inally existing.
The law repeals the section of the elec
tion providing for party emblems ana
strikes out all reference to emblems In
the laws as it stood before.
The provision when candidates are ta
be nominated otherwise than by conven
tion , committee or primary meeting ,
United States raises the number of sign
ers necesssary for petitions as follows :
"The number of signatures shall not
be less than five thousand when the nom
ination i for an office to be filled by
the e'e tors of the entire state , and nii *
fess than two hundred and fifty -when tile
nomination is for an office to be fillei
by the electors of a township , precinct
or ward , provided that the number of
signatures need not in anv instance ex
ceed one-fourth of the total number of
voters when the nomination is for an of
fice to b > filled by the electors of a co in-
ty. township , , , precinct , village or ward ,
and that the ; signatures need not all oe
appended to one paper. "
A provision1 provides the name "ci 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 are as follows :
Per.sons desiring to vote must procure
their ballots from a judge 9f the election
board. They must then without leavl' g
the polling place , proceed to a compart
ment and prepare their ballots.
The ballots are prepared as follows :
Make a. cross in the square to the right
of every candidate for whom you wish ( o
vote. In a presidential election , make : i
cross In the circle to the right of the
group of presidential electors of your
choice provided you desire to vote for
all the electors of one party ; otherwise
do not mark in the circle , but make a
cross in the sc .are to the right of every
elector for A.iom you desire to vote. Do
not make any mark in the circle , but
make a cross In the square to the right
of every elector for whom you desire
to vote. Do not make any mark on the
ballot save as above directed. If you
spoil a ballot return It it the judge of
the election board and obtain from him
a new ballot ; you cannot get more than
four in all. Having marked your ballot
fold it so r.s to conceal the names and
marks on the face and to expose the
names on the back ; then take it to the
judge of election and see it deposited in
the ballot box , after which immediately
leave the railed enclosure.
af you wish to vote for any person
whose name is not on the ballot , write
his full name in the blank space on the
ballot under the proper office you wish
him to hold , and make a cross in the
square opposite the same.
Senate file 2S7 , by Talbot of Lancaster ,
to authorize and provide for the use of
voting machines.
Section 1. The county and municipal
boards , in counties and cities of this
state , may authorize the use of vote ami
register machines of such kind as will
secure absolute secrecy to the elector ,
accurate record of every vote cast , pre
vent fraudulent voting and not liable ro
get , or be by mischieveous persons ,
placed , out of working order.
Sec. 2. If the use of such machine be
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 o the voting
ing machines shall at the next general
election be submitted to the electors o
such precinct , and if a majority voting
at said election vote yes , the board shall
purchase and provide the requisite num
ber of such machines and cause them
to be placed in the polling places , at
least one day before the next general
election. Use of such mach.nes may !
discontinued on re-submission of th
question and vote in favor thereof , at an
subsequent election.
Sec. 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 of such keys till
the result of the vote is taken and re
corded in the poll book , when all suoh
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 be pro
vided in form like ballot used in pre
cincts where voting machines are not
used on which electors may write names
of any persons for whom they wish to
vote , whose names are not on the printed
ballot in the voting machine.
The party polling the highest number
of votes at the last general election for |
the head of the state ticket shall have
the right of its nominee immediately be
neath the name of the office for which
such candidate was nominated ; the party
polling the second highest number of
votes shall have the second place ; the
party polling the third highest number
shall have the third place , and so o i ,
leaving those candidates whose names ap
pear upon said ballot "by petition to ap
pear beneath all other candidates placfd
there l y nomination. In each divis-on
and below all candidates placed there
by nomination or petition , a blank space
shall be provided. Into which electors may
write the name of any person for whom
they wish to vote , and whose name is
not printed upon the ballot.
Each division containing the name of
the office and a list of the candidates
nominated for such office , shall be cen-
arated from other groups or divisions by
a distinct and heavy line. Any candidate
who shall be the regular nominee of one
or more party conventions shall have
the party title of each party so nominat
ing him. printed after his name. The
names of these candidates shall be print
ed In capital letters one-eighth of an inch
high , and following each line upon which
the name of the candidate and party title
is printed , a square shall be printed , each
side "of which shall be one-fourth of a.i
inch. The space intervening between me
names of the candidates of the same par-
tyv for the same office , shall be space
between candidates of different threj-
sixteenths of an Inch , and the parties
shall be one-fourth of an inch.
Provision is made whereby electors In
makih'k ballots may use a blue pencil
instead of an Indelible one.
Sec. 5. Before opening the polls , the
judges shall put in the voting machine ,
a ballot coresponding In form as near
as may be to the official ballot in use and
arranged so that the button opposite a
candidate's name on the key-board will
operate the counter opposite such name.
Button in this act shall include and mein
any push button , lever , key or other de
vice to be used by the voter for express
ing his will or choice. AH counters shall
then be placed at naught (0) and publicly
so shown to all party representatives ,
and the apartment securely locked. No
person shall open the counters apartment
during progress of any election , except
for unavoiable necessity and then only
in the presence of a representaive of each
party having a ticket on the ballot.
Sec. 6. After closing the polls , the elee-
tlon judges shall lock the machines
against further voting and in presenre
of at least one witness from two different
political parties , if any are present and
desire to witness , shall unlock the coun
ters apartment and forthwith announce
the number of voters for each candidate
and for or against other propositions , and
the same shall be at once recorded In
the poll book. Each member of election
board shall Immediately verify the num
ber recorded with those shown on tin )
counters and the counter apartment then
be again locked.
Sec. 7. The election board in precincts
where voting machines are used shall
consist of three judges , one shall keep
the door of the voting machine , he and
one judge shall each keep in the poll
books the lists of those voting. The otlu.-r
shall instruct voters when 'necessary , in
the proper use of the voting machines.
If more than two machines are used at
one voting place , a doorkeeper may b (
provided for each additional machine.
Sec. 8. The voting machine shal b <
placed within a railed enclosure at leas
three feet from such railing. There shal
be one machine for every three hundret
voters or fraction thereof.
Sec. 9. A model of the voting machln <
key-board shall be at every polling plic (
on which the instructor shall instruct tru
electors thoroughly before they are per
rnitted to enter the machine to vote.
Section 10. The county or municipa
clerk shall provide four official ballots
on white paper , ten sample ballots -i
red or green paper , and two hundret
blank ballots on white paper , for eael
machine. Sample ballots shall be con
spicuously posted at the polling place foi
Inspection of voters. Nothing contali-ji
in any section or provision of the electior
law as to the manner of preparing , cast
ing , 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 qualified electoi
presents himself at the polling place u
vote , his name shall be recorded in the
poll-books and he be given a blank ballol
if he so request , on back whereof twc
judges shall first write their names ir
ink. The voter shall then , if not chal
lenged , be admitted to the voting machine
and record his vote by pushing buttons ,
till he securely locks the buttons oppo
site the name of every candidate roi
whom he desires to vote. Should he de
sire to vote for person whose name > a
not printed on the ballot of the voting
machine , he may wiite the name of such
person in the proper space on the blanH
ballot furnished and return it to Oc
judges of election who shall deposit il
in the ballot box In the voter's presence
who shall forthwith leave the railed en
closure. No voter shall be permitted re
occupy a voting machine beyond twc
minutes. Voters who by physical disabil
ity , are unable to record their votes in the
machine , mav have aid of one of ih-
election board. Intoxication , illiteracy or
want of mental capacity shall not fcc
deemed physical disaoility.
Section 12. The "blank ballots" provid
ed In section i , cast shall be canvassed
as ballots are ca..vassed where machines
are used.
Section 13. If the voting machine be
comes out of order and cannot be oper
ator , the election board shall proceed by
voting with paper ballots and all such bal-
llots cast while the machine is out cf
order , shall be 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 rcsti'.t
of any voting machine , shall , upon con
viction , be fined not to exceed $1,000 or
be imprisoned in the penitentiary not
more than three years or both.
House roll 1S4 , by Olmstead. No candi
date indirectly or directly under penaltv
of a fine of $50 or six months impriso.i-
ment shall pay for any entertainment to
any meeting of electors-previous to elec
tion ; give away or treat to any drink.s ,
cigars or other refreshments : pay any
thing to promote the nomination or elec
t-on of any candidate except for the i oua
fide personal expenses and then not in
excess of sums as follows :
For five thousand voters or less , $103 0" ;
for each one hundred voters over iiv-2
thousand and under twenty-five Thou
sands , $3.50 ; for each one hundred voters
over twenty-five thousand and under lift *
thousand , $1.00 ; and nothing additional
for voters over fifty thousand. Any pay
ment , contribution or expenditure , or
agreement or offer to pay- contribute
or expend any money or thing of valua ,
in excess of the limit prescribed by this
act , for any or all such objects and pur
poses , : s hereby declared to be unlawful
and to make void the election of the per-
s-.n making it. But this section shall not
apply in cases where such nomination of
such candidates , or any rival candidate
for the same office , shall have ' > a = i
made nrior to the taking effect of this
act. Nothing in this section shall refer
to traveling expenses.
The bill provid'es that all the candidates
for preferment at a caucus 01 convention
or primary election for office of United
States representatives , shall file expense
statements with the clerk of his county ,
'
the form of affidavit being given. Cand'i-
oates for the offices themselves shall per
form similar acts after election. The
penalty fixed is a fine not over 51.000.
No certificate of election shall be given
till the expense accounts are filed. Proof
that a sum in excess of the amount al
lowed has been expended shall be cause
for rsmoval from office on action brought
by the public prosecutor on demand by
the attorney general , and such cases
thall have the preference over civil case.-s
on court dockets. Leislative 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 be kept and reported to
him and he in turn shall file a report with
the county clerk showing how all th-i
monev was expended. Reports must be
filed within twenty days after the elec
tion and 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 three to six months.
"It shall be unlawful for any candidate
for any office which is to be filled bv
popular election under the constitution
or laws of this state , or for any member
of a political committee to pay , contrib
ute , nromise or offer , or to procure or
connive at the paying , contributing ,
promising , or offering any money or
thing of value for the purpose of procur-
ii g , facilitating or defraying any fees or
expenses in connection with the naturali
zation of any alien or aliens , and any violation
lation of this section shal be punishable
by a fine of not less than $100 nor more
than $500 , or imprisonment for not less
than ten nor more than thirty days , or
both. "
Emergency clause. Approved April 4.
Senate file 13 , 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 act , is an election held within
the state , county , city , district or sub
division thereof , as the case may be , by
the members of any politcal party , or
by the voters of some politcal faith for
the purpose of nominating candidates
for office , or electing delegates to party
conventions.
Sec. 2. All primary elections held in
this state by the various political parties
shall be held and conducted In the same
form and manner and under the same re
quirements as are or shall be provided by
\aw for the holding of regular state elec
tions , except as is herein otherwise pro
vided.
Sec. 3. Any act or deed denounced an
offense by the laws of this state con
cerning elections shall also be an offense
in all primary elections , and shall be pun
ished In the same form and manner as
: s provided for the punishment of similar
offenses by the laws of this state.
Sec. 4. A committee of governing au
thority of any political party desiring1
to hold a primary election unaer tne pro
visions of this act shall give twenty
days' notice , giving the date of the pro
posed election , the offices for which can
didates are to be nominated or conven
tions to which delegates are to be eleoteJ.
Where registration is required the polls
are to open at 12 and close at 7"p. . m.
Section 5. That all persons who are
legal voters shall have the right to par
ticipate in such primary election , subject
to such adidtional political qualifications
as may be prescribed herein or by the
committee.
Section 6. In order that none but those
affiliating 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
such persons is hereby provided. In all
cities and towns , of whatever class , in
which a registration law is In force under
the provisions of the general law govern
ing regular state elections , there shall be
space on the regular registration books
headed "party affiliation , " and the ques
tion shall be put to each voter , "What
political party do you desire to affiliate
with ? " And the name of the political
party given by such person so applying to
be registered shall be recorded in the
column provided on the books for that
purpose. In case any person applying to
be registered does not desire to state
bis party affiliation he shall not be re
quired so to do , nor shall his failure to
do so act as a b.ar to his registration for
the purpose of voting at any election
held under the provisions of the general
election law , but , pnly at primary elec
tions.
Any person who was prevented from
rpgisteringat the regularlyappolnted time
for any of the above named causes may
apply at the polls of the precinct in
whlgh he resides at the primary election
and upon the presentation to the judges
of such election of his affidavit , sworn
before the city clerk settl- forth the
reasons or causes for his failure to reg
ister as herein provided , together \vkh
the affidavit of at least two well known
and reputable resident freeholders of the
precinct.
Section 8. The person or persons ap
pointed by the committee or governing
authority of any poliical party to copy
the names of those persons entitled to
vote at any primary election from th- =
regular state registration books into the
primary registration books shall , before
entering upon the discharge of such duty ,
be sworn by some officer authorized by
law to administer an oath.
Section 11. The officers for each election
precinct , In nil piimary elections held
under the provisions hereof , shall consist
of two judges and one clerk , and their
duties and responsibilities shall be pre
cisely the same as those of legally ap
pointed and regularly qualified officers of
regular state elections. They shall be
appointed by resolution passed by a ma
jority vote of the members of the regu
larly organized and constiuted committee
or governing authority of the political
party holding such primary elections.
Section 15. All expenses for holding
such primary elections shall DC borne
and paid by the political party holding
the same , and the pay of olficers , cost of
publishing and circulating notices of elec
tions and all other expenses shall be
defrayed in such manner as may ne pro
vided for by the committee or governing
authority of the political party holding
such primaries. The Australian ballot
shall be 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
cffices hereinafter held in this state , ex
cept those held in the year one thousand
tfght hundred and ninety-nine , but th
Irst registration of voters as require
by this act shall be had at the state
registration held in the fall of the year
one thousand eight hundred and ninety-
nine.
House roll No. 3P2 , by Detweilcr.
An act to amend section 13 of chapter
I2a entitled cities of the metropolitan
class of the compiled statutes and to
repeal said section 13 as heretofore ex
isting : also to amend chapter 23 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 2008 of said compiled
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 office. Approved
April 4.
House roll No. 413. by Clark. Amends
section 7 , chapter 26 , compiled statutes ,
and repeals them as existing before.
Provides that instead of three justices
of the peace 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 constable ? in
cities of the first class having less than
100,000 and more than 25,003 inhabitants.
INSURANCE LAWS.
House roll No. 101 , by Weaver. Reenacts
acts the entire insurance code , providing
that an insurance department shall be
created with headquarters on the first
iioor of the capitol building. The gov
ernor is appointed insura hce commis
sioner and he with the advice and consent
of the senate shall appoint a deputy who
may exercise equal power with the com
missioner subject to his approval. The
deputy's salary shall not exceed J2.600
per annum. The auditor shall surrender
records to him. The state treasurer shall
hold securities.
All companies of other states and every
foreign company doing business in the
state shall give the insurance commis
sioner a power of attorney as attorney
'
for services in all suits brought agains't
such companies in the state.
Insurance companies shall pay fees as
follows :
Domestic companies. $50 per charter
and all necessary filings and papers
necessary to complete their incorporation :
for filing annual statements , $20 ; for each
agents' certificate. 50 cents ; two certifi
cates of publication , $1 ; annual licence.
$1. Each domestic insurance companv'
shall be taxed on the excess of premium's
received over losses and ordinary ex
penses during the year previous , the tax
to be proportioned as all personal prop
erty is taxed. These fees and taxes
shall be in lieu of all fees and taxes
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 , 575 ; filing an
nual statement , ? 50 ; each agent's certifi
cate , $2. Companies doing a life and acci
dent business shall file separate staf-
ments for each and shall 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 pay ? 30
for statement each year reporting all
their transactions. Every other state
company shall report the cross amount
of yremiums received annually in the
state and pay 2 j > er cent of the gross
premiums so reported as additional license
fee to the state treasurer and shall not
be relicensed till the payment is made.
A few small concessions in tiling fees
are made life or accident companies under
reciprocal provisions. All other state
companies shall pay annually $2 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
anu in. cities of the second class having
more than 5,000 inhabitants that maintain
a fire department an occupation tax of
"
not more than $10 may be "levied with a
tax of not more than $5 in smaller
places.
Foreign country companies of all kinds
shall pay the same fees and taxes as
other state companies of like character.
Fees of examiners are fixed at $10 a
day with necessary traveling expenses
Nothing in the act shall 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 fire department fees. Th °
exception shall apply to all fraternities
irom any state or country doing business
on the lodge i > lan.
The fees and taxes provided for other
state companies shall apply to and be
paid by each company of every character
organized under the laws of any other
state doing business in Nebraska" except
frdaternal beneficiary associations , mu
tual accident insurance companies , mu
tual benefit associations , contiicting pro
visions in other acts notwithstanding.
Provided that this act sh--li 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 emploves 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 leg
islation.
The bill repeals sections 1 to 14 inclu
sive , chapter 16 , and sections 1 to 42 in
clusive , chapter 77. compiled statutes.
Senate file No. 17C , by Steele of Jeffer
son , to authorize the insurance commis
sioner to license fire insurance brokers.
Section 1. The insurance commissioner
of Nebraska , in consideration of the
yearly payment of the sum of J25. may
issue licenses to citizens of Nebraska
permitting and authorizing the person
party or firm named in such license , to
act as : gent to procure policies of fire
insurance from any company that Is not '
authorized to transact business in this
Ftate , provided , that before any insurance
shall be secured under the provisions of
this act there shall be executed by the
party licensed , and by the owner or "man
ager of the property upon which insur
ance is desired , an affidavit. Such atfi-
aavlt shall set forth in a clear and dis
tinct manner , and in such form and detail
as the insurance commissioner may direct
that the party desiring such insurance is
after diligent effort , unable to procure
the amount required to reasonably pro
tect the property owned or controlled bv
him , from the companies that are theii
duly authorized to transact business in
Nenraska. The tire insurance brokr
procuring such policies from such unau
thorized companies shall be by them
authorized to accept service of all leg-al
processes. Issued under authorty of the
law. In this state , and said licensed
broker shall be. and he is hereby required
to keep a distinct and separate account
thereof , open at all times to the exa'tiP
inatlon , showing the exact amount of
such insurance placed , the gross premium
rhargel therefor , and where , the property
Insured Is located and the name In which
such Insurance Is written.
Section 2. Each tind every person apply
ing for such broker's license shall exe
cute and deliver to the insurance coin-
mlssloners a bond , with personal security ,
or from some reliable surety company
In the penal sum of $2,500 , conditioned
that said licensed broker shall faithfully
comply with the laws of this state ana
the provisions of this act , and that he
will pay to the treasurer of the state ,
taking duplicate receipts therefor , one to
be filed with the state auditor , a sum
equal to 3 per cent .upon the amount oC
the gross premiums charged the policy
holders , upon all policies procured by
him during the continuance of his said
license pursuant to the provisions of this
net , and in default of such payment the
attorney general of the state shall sue
such licensed broker upon his bond and
upon conviction such licensed broker shall
forfeit and pay the sum of $100 in addi
tion to the 3 per cent required by this
section to be paid , and his license from
the state shall be revoked and the guilty-
party 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 state , 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
state , unless procured under and by
virtue of the provisions of this act , are
hereby declared void.
Emergency clause. Approved March 4.
House roll 187 , by Weaver. To pro
vide that all fire insurance policies , writ
ten and covering an whole or In part
upon property wthin the state of Ne
braska shall be written , countersigned and
Issued only by o. duly authorized officer
or agent of such company , resident of the
state of Nebraska.
Section 1. All applicants to do fire
insurance business in the state shall in
addition to the returns required by the
insurance lav. ' , file with the insurance de
partment a return that iney will not dl-
rectlv or indirectly by way of reinsur
ance or otherwise write any fire insur
ance on property in the state except by
the agent resident in thw county or state
where such property is situated.
Section 2. The returns provided for
in section 1 shall be fileu annually.
Section 3. Refusal to comply with the
provisions of the act shal be met by re
voking of the authority or license to do
business.
Section 4. The issuance of every pol
icy contrary to the provisions of the
act shall be deemed a separate misde
meanor.
Section ; " . The penalty for violating the
act shall be on conviction Imprisonment
in the county pt > 51 for not less than 30
or more than J'O days or by fine of $50 to
SI00 for each offense.
Section C. Any company or person who
shall place or solicit insurance in a com
pany not authorized to place insurance
in the state shall on the failure of such
insurance company to pay the calm , ba
liable to the insured for the amount the
insurance company would have been lia
ble. Such iriHurance companies shall
not again do business in the state for a
period not Ics ? than DO days or until lia
bility for the action is discnarged. 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 S. Emergency clause. Approved
March 24.
Senate file 35. by Hclbrook of Dodge.
For an act to amend sections 70 , So. and
87 , chapter 43 of the compiled statutes
of 1 97 and to add to said cnapter 43 , two
new sections herein designated as sec
tions S5a and S5b.
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 oi
furnishing benefits to the widows , heirs ,
orphans , or legatees , of deceased mem
bers , or paying accident indemnity , shall ,
before commencing business , complv witli
the provisions of this act.
Section S.'i , chapter 43 , statutes of 1S97 ,
is amended to read : Any corporation or
association doing business in this state
which provides in the main for the pay
ment ot death los-ses or accident inndem-
nity by any assessment upon its mem
bers , or upon the natural premium plan ,
upon the stipulated premium plan , shall ,
for the purpose of this act be deemed a
mutual benefit association. No coroora-
tion or association operating upon the V
assessment plan , or upon any plan other
than the natural premium pan. ! or
stipulated premium plan , as hereinafter
pro-ided in this act. promising benefit
upon any other event than tnat cf the
death , or disabilitv cf me member re
sulting from accident , shall be permitted
to do business in this state , and it shall
be rnlawful for any uch association or
corporation now or hereafter organized
or a-Hhorized under this act , to provide
for or promise cash surrender values , ex
tended or paid up insurance , endowments
or any form of investment insurance !
This act shall not relieve any corpora
tion or assessment association now do
ing business in this state from fulfill
ment of any contract heretofore entered
into with its members under its policies
or certificates or membership , nor shall
any member be relieved therebv from
his or her part of said contract. "
Section Sea , a 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 bv ' any natural
premium or stipulated pre'mium life as
sociation.
Section Sr.b provides that the state
snail receive from each company of their
states or nations ? 2 for each certificate
issued to an agent , and from companies
of this state 50 cents.
Companies of other states or nations
complying with this act shall pay to the
state for a certificate of authority $25
and also an annual fee of $20 , and" each ,
company organized in this state shall
pay an incorporation fee of $20 , and each
company organized in this- state shall
pay an incorporation fee of $25. provid
ed that the reciprocal law shall be ap
plied to companies of other states and
nations.
Section S7 , chapter 43 , statutes of 1S97 ,
is amended to read :
f
Sec. S7. When such insurance associa
tions or companies not organized in this
state , having assets of not les * than ,
$ . 0.000 shall comply with the require
ments of the laws 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 , he
shall issue to such company a certifi
cate stating that such company has com
plied with the laws of this state. Pro
vided. That this section shall not apply
to purely mutual accident associations or
corporations. Provided further , that this
act shall not apply to any fraternal ben
eficiary society or association doing busi
ness in this state.
Senate file IS. by Talbot of I > ancaster.
to authorize the organization of mutual
bond companies to insure the fidelity oC
members of such companies holding plac
es of trust and responsibility in. to or
under any corporation , company , person ,
or persons.
Any number of pers-ons not less than
ten. a majority of whom shall reside in
this state , may organize such compa
nies. Such companies , shall embody the
word "mutual" In their name. Articles
of incorporation shall be riled with the
Jtate : t'ditor. Any officer or member
of any mutual , fraternal , social , civic
or military organization may become
members. The members shall elect di
rectors who shall elect officers from their
own number , except that the secretary
may be chosen -elsewhere. If any mem
ber shall fail 10 pay nis assessment , then ,
the company may sue to recover. Suits
against such company may also be
brought bv a member thereof If payment
is withheld after a loss oecomes due.
Such companv may Issue bonds guaran
teeing the fidelity of a member in any
.nm from $100 to $5.000. No assessment
shall be made upon anv member for lia
bilities incurred prior to his member
ship. A reserve fund of not less than 5
iier cent of the amount collected in casri
from assessments shall be set apart.
When any company disorganizes the as
sets , after liabilities are paid , shall be di
vided pro rata .among the members. Any
omn-my organized under the provisions
r f this act. shall pav .in Incorporation
fee of $10. and a fee of $1 for filing annual
pports. and 50 cents eacn for certificates
) f authority to agents : provided , that no t-
jccupation tax or tax on the assessments )
if any member shall be levied and col-
eoted.
Emergency clau e. Approved March )
IS.
Gates college at Neligh opened for
he spring term with an attendance
early the same as that of the winter
erm , an unusual occurrence.
