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About The Columbus journal. (Columbus, Neb.) 1874-1911 | View Entire Issue (April 26, 1899)
455? sk. t tb ovixml fe i - ,1 S & VOLUME XXX.-NUMBER 3. COLtJMfetJS. NEBRASKA. WEDNESDAY. APEIL 26, 1899. WHOLE NUMBER 1,511. Cammte or "7aB7E -JBLi s- .. Ri . && . fir- ' frt; ' 'TV-' .- rr. -.- 4 w - 4. .- V 3 ' - '. ? HP ;i: .. x. m . x .: - IT . .. , - " 5 : s . .-".. Z -. ' . h . - . - V . I . .- . . r '- i - - : !-: p--7 W' . W7 r THE NEW LAWS OF NEBRASKA fc i. i i . - - rnr A Digest of Bills Put Through at the Recent Session of the Legislature. A SAMPLE OF THE The Election, Insurance and School Laws Undergo Liberal Amendment Criminal and Civil Codes Materially 'ChangedAppropriation and Other Bills. . The letfnlature or 1R9 adjourned April -I. but the records of the two houses .how -that It adjourned March 31. The session resulted In the election of a republican . united States senator to succeed Senator W. V. JUlen. Judge If. U Hayward . waa -elected senator on the forty-third joint ballot after fifty-seven ballot, had been taken In the republican caucus. The -senatorial contest was the lonircot III the history of the state' The first ballot was taken January I? and the election of " JH?Re Hayward was effected March 8. The total number of bills passed by th. -legislature was ffi. fifty-two being- sen wte bills and seventy being house bills. . Two bills from the house and two from the senate were vetoed by the coventor. . the vetoes being sustained owlnjf to lack . f otcs to override them or lack of op portunity to act upon them. One Hem In the general appropriation bill was alio vetoed. Two years ago the total num- -.ter of bills paused was 133, seven of Allien were vetoed. ; .. In the matter of appropriations the ses - won Just closed exceeded the amount i . advert two years ago' by $113,635. but at -. the same lime appropriated more than :$2W.W more than the previous legislature . Tor new buildings. The following is a compatutlve statement of the appropri ations voted by the legislature in 1897 ..-an4 In 1899: , Salary appropriation. 803.300.00 $ 853.M0.to peneral approp .... 1.104.967. 1.06O.0K.00 -plaims & defle'e's.. 94,311.97 lS.S86.0t . legislative annron .. isnnnom unimm New buldga. etc .. 111.000.00 308.7U0.U9 stunury misc. LIUs.... 118,500.99 20,714.86 ... . C364.080.32 .477,71o.P0 AH laws which were signed bearing :-tha emergency clause go Into effect on the date of the governor's signature. , .-Other laws go Into effect on July 1. .- .A. digest of the new laws follows: ELECTION LAW& llouVe roll 53. by Zellers. Amends sec tions 139. ISO. 131. 132. 137. 140 and 146 and .. schedules "A" and "B." chapter 26. com .. piled statutes of Nebraska for 1897. fn- titled elections, and to repeal sections 1?. '129. 130. 131. 137, 140 and 146. and schedules A" and "B" of said chapter 26 as orig inally existing. , . The law repeals the section of the elcc- tlon providing for party emblems ana . striken out all reference to emblems in ... the laws as it stood before. --The provision when candidates are t. -l,e. nominated otherwise than by conven- . tlon. committee or. primary tneeting. United States raises the number of slgn . era necesssary for petitions as follows: "'Tho number of signatures shall not . he less than Ave thousand when the nom ination ! for an office to be filled by llie electors of the entire state, and nt r.s than two hundred and fifty when the nomination Is for an office to be flllej '. Ky "the electors of a township, precinct or ward, provided that the number of signatures need not in any instance ex feed one-fourth of the total number of xoters when the nomination is for an of fice to be tilled by the electors of a co in "ty. township, precinct, village or ward, ' and that the signatures need not all oe appended to one paner." .. A provision provides the name "c i .rens ticket" for an independent ticket in cities of the second class and villages, r - The change in form of the ballot is pro- . tided as follows: FOR PRESIDENTIAL ELECTORS. Vote for Eight (8) John Smith Republican 'John Jones Republican I I John llrovrn Republican I I John Tank Republican I I John Swan Republican I I John Long Republican I I John Frink Republican I I , John Hell Republican I I FOR GOVERNOR, Vote for One (1.) M. L. Hayward Republican I I ( People's Independent i i "W. A. Poyntcr -J Democrat I I ( Silver Republican ' "ll. V. Muir Prohibition I I - The partv 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 rotes shall have the second place; the p.irtv polling the third highest number Khali have the third place, and so o i, Ica lng those candidates whose names ap pear upon said ballot by petition to ai- ear beneath all other candidates placd there bv nomination. In each divls jn and below all candidates placed there ' lv nomination or petition, a blank sp ice shall be provided, into which electors may write the name of any person for whom tney wish to vote, .and whose name is not printed upon the ballot. Each division containing the name ct the office and a list of the candidates nominated for such office, shall be ren amed 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 print ed, ea zti side of which shall be one-fourth -f an inch. The space Intervening between ire names of the candidates of the same par tv. for the same office, shall be space between candidates of different thre- - sixteenths of an Inch, and the parties shall be one-fourth of an Inch. Provision is made whereby elector. In y.airtur ballots zsay we a blue pencil Instead ef an Indelible one. Instructions to voters are as follows: Person desiring to vote must procure their ballots from a judge of the election board. They must then without leaving the polliag place, proceed to a compart ment amd prepare their ballots. The Ijallota are prepared as follows: Make a cross la the square to the right of every candidate for whom you wish 'o vote. U a presidential election. make a cross la the circle to the right of the group ef presidential electors of your choice provided you desire to vote for . all the electors of one party; otherwie do not saark la the circle, but make a cross la the square to the right of every elector for whom yotf desire to vote. Do not make any mark to the circle, but make a cross la the square to the right of every elector for whom you desire to vote. Do not make any mark on the .-- -- w.. jpil Tf vtt'i sm a ballot return It it the JoiM of the election hoard aad obtain from Mm av ballet; you capaot get more than BALLOT MEASURE four in alL Having marked your nalfct fold it so as to conceal the name, and mark on the faee And to expeae the Barnes on the back: then take it to the judge of election and see It deposited Is tne-oaiiot box, alter -wnicn immeaiaieiy leave the railed enclosure. jf you wish to vote for any persan 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 287, by Talbot of- Lancaster, to authorize and provide for the use of voting machines. Section L The county and municipal board., in counties and cities of this state, may authorize .the use of vote and register machines of such kind a. will secure absolute secrecy to the elector, accurate record of every vote cast, pre vent fraudulent voting and not liable to get. or be by mlschieveous person;, placed, out of working order. Sec 2. If the use of auch 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 ttn county or municipal board Iherefor. the question of adopting the use of the vot 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, ht least one day before the next general election. Use of such mach.nes mar K" discontinued on re-submission of the question and vote in favor thereof, at any 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 -111 the result of the vote is taken and re corded In the poll book. When all such kevs shall be pealed 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 clncts 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. Sec 5. Before opening the polls, the judges shall put in the voting machine, a ballot coresponding In form as n?ir 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 nan-. Button in this act shall include and mean any push button, lever, key or Other de vice to be used by the voter for express ing his will or choice. All 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 unavolable necessity and then on!v in the presence of a representalve of each party having a ticket on the ballot. Sec. 6. After closing the polls, the elec tion judges shall lock the machines against further voting and In presence of at least one witness from two different political parties, if any are present and desire to witness, shall unlock the coun- A mark within this circle o votes for all the Republican electors. 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 in; 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 otli'-r shall instruct voters when necessary, sn the proper use of the voting machines. If more than two machines are used at one voting place, a doorkeeper may oe provided for each additional machine Sec 8. The voting machine shal be placed within a railed enclosure at least three feet from such railing. There shall be one machine for every three hundred voters or fraction thereof. Sec 9. . A model of the voting machine key-board shall be at every polling pltce on which the instructor shall Instruct tae electors thoroughly before they are per mitted to enter the machine to vote. Section 10. The county or municipal clerk shall provide four official ballots on white paper, ten sample ballots -n red or green paper, and two hundred blank ballots on white paper, for each machine Sample ballots shall be con spicuously posted at the polling place for inspection of voters. Nothing contalf.-d in any section or provision of the election law as to the manner of preparing, cast ing, preserving or transmitting paper oal 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 elector presents himself at the polling place to vote, his name shall be recorded in the poll-books and he be given a blank ballot if he so request, on back whereof two judges shaU first write their names in Ink. The voter shall then, if not chal lenged, be admitted to the voting machine and record his vote by pushing buttons, tin he securely locks the buttons oppo site the name of every candidate Tor whom he desires to vote Should he de sire to vote for a person whose name a not printed on the ballot of the voting machine, he may write the name of such person In the proper space on the blame ballot furnished and return It to to judges of elecUon who shall deposit it in the ballot box In the voter's presence who shall forthwith leave the railed cu-cloani-e. No voter shall h- nermittiwi m 1 occupy a voting machine beyond two minutes. Voters who by physical disabil ity, are unable to record their votes In the machine, mar have aid of one of th: election board. Intoxication, Illiteracy or want of mental capacity shall not te deemed physical dlsaollity. Section i The "blank ballots" provid ed In section 4, cast sha.ll be canvassed as ballots are canvassed where machines are used. Section 12. If the voting machine be comes out of order and cannot be cper ater. the election board shall proceed by voting with paper ballot, and all such bal llots cast while the machine is 'out ef crder, shall be counted, and be separately canvassed and returned. 8ection 14. Any person who shall tarn Ser with any voting machine so as to erange Kb working, or change any coun ter, 'or fal&iry report or return the resu'.t or any voting machine, shall, upon conviction.- be fined not to exceed $1600 or be Imprisoned In the penitentiary not more than three years or both., .. House roll 184, by Oltnstead, . NoWndl dat. indirectly Or directly Under periaitv of 0 line or $5d br six months imprison ment shall pay for any entertainment to any meeting of electors previous to elec tion; give away or treat to any drinks, cigars or other refreshments; pay any thing to promote the nomination or elec tion 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, S100GC; for each one hundred voters over ilya thousand and under twenty-five thour sands, 11.50; for each dne hundred Voters over twenti'-five thousand ana under fiftv thousand. fLOO; and. nothing- additional lor, voters over fifty thousand. Any .pay ment, contribution er expenditure... or. agreement or offer t'o pay; contribute or expend any money or thing of valtib. In excess of the limit prescribed by this act. for any or all such objects ana pur poses. :s hereby declared to be unlawful and to make void the election of the per-f-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, :iarl made prior 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 or convention or primary election for office of United States representatives, shall file expense statements with the clerk of his county, I lie form of affidavit being given. Candi oates for the offices themselves shall per form similar acts after election. The penalty fixed is a fine not over $1,000. No certificate of election shall be given till ttie expense accounts are filed. Proof that a sum in excess of the amount al lowed has been expended shall be cause for removal from office on action brought by the public prosecutor on demand by th attorney general, and such casej t-hall have the preference over civil cased on court dockets. Leislative seats may De contestea in tms 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 monev was expended. Reports must be filed within twenty days after the elec tion nnd all claims owing by the commit tee must be paid ill eight days after election Penalties are provided for treasurers of committees refusing td com ply with the law, the eapie being Impris onment for from three td six months. "It shall be unlawful for any candidate for any office which Is to be filled by popular election under the constitution or laws of this state, or for any member of a political committee to pay, contrib ute, promise 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 Irg. facilitating or defraying any fees or expenses in connection with the naturali zation of any alien or aliens, and any vio latlon of this section shal be punishable by a fine of not le?ft than $100 ndr.more than $500) or imprisonment for not less than leh nor more than thirty days, or both." Emergency clause. Approved April 4. Senate file 15. by Van Dusen of Douglas to protect primary elections ana 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. AH primary elections held In this state bv the various Dolitical Dartlcs shall be held and conducted In the nanu form and manner and under the same re quirements an are or Bhall 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 bv the laws of this state. Sec 4-. A ctimmlttee of governing au thority of any political party desiring to hold a primary election under tne prc xisions 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 elected. 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 adidtlonal 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 Ms party affiliation he shall not be re quired so to do. nor shall his failure to do so act as a bar to his registration for the purpose of voting at any election held under the provisions of the general election law, but only at primary elec tions. Any person who was prevented from legisteringat the regularly appointed time for any of the above named causes may apply at the polls of the precinct in which he resides at the primary election and upon the presentation to the judges of such election of his affidavit, sworn Lefore the city clerk setting forth the reasons or causes for his failure to reg ister as herein provided, together wlih 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 elecUon from the 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 all primary 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 shalt oe borne and paid by the political party holding the same, and the pay of officers, cost of publishing and circulating notices of elec tions and 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 sucn primaries. The Australian ballot shall be used in voting. Section 16. The provisions of this article shall apply to all primary elections hell for the purpose of nominating candidates for state, county, district or municipal offices hereinafter held In this state, ex cept those held in the year one thousand tight hundred and ninety-nine, but the irst registration of voters as required 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. 39. by DetweUer. An act to amend section 13 of chapter 12a entitled cities of the metropolitan class of the compiled statutes and to repeal said section 13 as heretofore ex isting: also 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 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 89.6M and more than j 25,080 inhabitants there shall be two-Jus tices of the peace and two constables la cities of the first class having- less than lW.eoe and more than 25.990 iBhabltaate, INSURANCE LAWS. House roll No. in. by Weaver. Re-enacts the entire insurance code, providing that an insurance department hall be created with headquarter, on the first floor of the capttol building. The gov crnor Is appointed Insurance commis sioner and he with the advice and consent of the senate shall appoint a-deputy who may exercise equal power with the com mlsslotier subject to his approval. -The deputy's salary shall hot. exceed 12.099 per annum. The auditor shall surrender records to him. The state treasurer shall hdld securities. All companies of other states Slid every foreign, company dolnjf business la the state shall give the., insurance Mftnus Moner. a. power .of .attorney ai.attorney for services in all. suits brought against such companies In the state Insurance companies shall pay fees -as follows: Domestic companies. ISO 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 license, $1. Each domestic insurance company shall be taxed on the excess of premiums received over losses' and ordinary ex penses during the year previous the tax to be proportioned as alt bjftrs&hal pfopi erty is taxed. These fees and taxes shall be in lieu of all fees and taxes beH tor wen agency waicn any.cuy, lown or village may impose. Every other state company shall pay for depositing copy of charter, $100; filing copy of amended charter, $75; filing an nual statement. $50; each agent's certifi cate, zz. companies aoing a lire anaacci- dent business ..shall file separate, state ments fdr eacn 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 $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 4er cent of the gross premiums so reported as additional license fee to the state treasurer and shall not be rellcensed till the payment Is made. A few small concessions in filing fees are made life or accident companies under reciprocal provisions. All other state companies shall par 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 and 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: Fe 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. Ths exception shall apply to all fraternities irom any state or country doing business on the lodge plan. 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 dolrtg. business In Nebraska except frdaternal beneficiary associations, mu tual Accident insurance companies, mu tual benefit associations, conflicting pro visions in other acts notwithstanding. Provided that this act 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 leg islation. The bill reaeals sections 1 to 14 Inclu sive, chapter 16, and sections 1 to 42 In clusive, chapter 77. compiled statutes. Senate file No. 176. 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 df the yearly payment of the sum of $25, may Issue 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 fire Insurance from any company that is not authorized to transact business in this f tate, 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 affi davit shall set forth in a clear and dis tinct manner, and in such form and detail as the insurance commissioner may direct chat the party desiring such insurance is after diligent effort, unable to procure the amount required to reasonably pro tect tne property owned or controlled by him, from the companies that are then duly authorized to transact business in NeDraska. The fire Insurance broker procuring such policies from such unau thorized companies shall be by them authorized to accept service of ail legal 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 exanf ination. showing the exact amount of suCh Insurance placed, the gross premium chargel therefor, and where the property insured is located and the name in which such Insurance is written. Section 2. Each and every person apply ing for such broker's license shall exe cute and deliver to the Insurance com missioners 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 and 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 of 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 act, 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. AH 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 wthln the state of Ne braska 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 applicants to do fire insurance business in the state shall in addition to the returns required -by the Insurance law, file with the Insurance de partment a return that mey will not di rectly 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 the 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 5. The penalty for violating the act shall be on conviction imprisonment in the county pail for not less than 30 cr more than 90 days or by fine pf $50 to $100 for each offense 8ection 6. 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, be liable to the insured for the amount the insurance company would have been lia ble Such insurance companies shall not again do business in the state for a period not less than 90 days or untU 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 8. Emergency clause. Approved March 24. Senate file 35, by Holbrookfof Dodge For an act to amend sections 70. 83. and 87. chapter 43 of the compiled statutes of 1897 and to add to said cnapter 43, two new sections herein designated as sec tions 85a and 85b. Section 70 Every corporation or as sociation organised under the laws of Ibis state upon the mutual assessment, stipulated premium, plan, for the purpose of Insulins; the Uvea of Individuals, or of furntshlng benefits to the widows, heirs, orphans, or legatees, of deceased mem bers, or paying accident Indemnity, shall, before commencing business, comply with the provisions of this act Section S, chapter 43. statutes of 1S9 Is amended to read:' Any corporation or assoclattion doing business in this state which provides in the main for the pay ment of death losses or accident lnnaem nltv by mv niMimtnt nnan it. mem .bers, or upon the natural premium plan. VDOn the altnulatitri nremlnm nlan. shall. , for the purpose of this act be deemed a mutual rtenent association, no corpora Ulofl or association operating upon the Assessment plan, or upon any plan other than . the natural premium plan, or stipulated premium plan, as hereinafter proviaea in this act, promising benent .upon ativ other event than tnat of the jdeatlii, 6r disability of ,ne .member, re 'suI'JHI from aerideriti shall be permitted tQ do business IB this state, and.it shall be. unlawful fdr. anv such association -or 'corporation nbw or Hereafter organized ui auiuurura unuer iui act, iu yijjvinc 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 thereby from jus or,nner part or said contract. 1 Section 65a, d new section, provides for. the distribution of any surplus ac- ,-asssaajissavMr,tTsaaaaa pain, up. nsurance and for eaultable cash sur render value of policies by any natural premium or stipulated premium lire as sociation. Section S5b provides that the state shall receive from each company of their states or nations $2 for each certificate issued to an agent, and from companies bf this state 50 cents. -Companies of othef 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 87, chapter 43, statutes of 1S97, is' amended to read: Sec 87. When such insurance associa tions or companies not organized In this state, having assets of not less than $50,000 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 piled 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 busl. ness in this state. Senate file IS. by Talbot of Lancaster, to authorize the organization Of mutual bond companies to Insure the fidelity of members of such companies holding plac es of trust and responsibility in. to of under any corporation, company, person or persons. Any number of persons 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 nled with the state auditor. 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 fall to 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 becomes due. Such company may Issue tonds guaran teeing the fidelity of a member Iu any sum from $100 to $5,000. No assessment shall be made upon any 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 be set apart. When any company disorganizes the as sets, after liabilities are paid, shall be di vided pro rata among the members. Any company organized under the provisions of this act. shall pnv .in Incorporation fee of $10. and a fee of $1 for filing annual Sports, and 50 dents encn for certificates authority to agents: provided, that no occupation tax or tax on the assessments of any member shall be levied and col- Emergency clause. Approved March 28. THAT BLOCK OF MARBLE. In looking over the work of the legis lature, says a correspondent, it is found that resolutions passed both houses donating the block of Tennessee mar ble that lies on the capitol grounds to the Grand Army of the Republic of the state to be utilized by that order in building a statue of Abraham Lincoln. These resolutions were put through in the closing hours of the session, when very few of the members were paying attention to business, and the persons who wrote the resolutions thought they had worked up a valid conveyance of the property. There is much doubt, however, that the passage of the reso lutions amount to anything, as it would have taken a concurrent resolution to thus vote away property belonging to the state, and in that case the signa ture of the governor would have been necessary, the same as If it were a regular bill that had passed both houses. The practice has been to vote away the flags that were used over the buildings during the sessions, and to this there has never been any objection. The voting away of the Tennessee mar ble by simple resolution is another matter. MUSTER OUT AT SAVANNAH. Governor Povnter has received the following letter from Adjutant Gener al H. C. Corbin: "The secretary of war desires me to acknowledge the receipt of your let ter of the 30th of March, in which you state that your are in receipt of an extensively signed petition from the officers and members of the Third Ne braska volunteers, now stationed at Havana, Cuba, asking your good of fices to the end that they may oe granted travel pay should they be mustered out away from home, and in quiring what the intention of the war deparment is relative to the regiment, and in reply to inform you that it is the intention of the department to re turn this regiment to the United States for muster out as soon as the neces sary arrangements can be made for Its transportation. The regiment will be landed at Savannah and mustered out at that point and the officers and men will be entitled to travel pay from savannah to the place of their enlist ment." CATTLE DID WELL. Johnstown dispatch: Notwithstand ing the severe and tedious winter, cat tle in this neighborhood are coming out in good shape where they have had careful treatment- In some cases, where they had to rustle for all their food and with nothing but a barbed wiro fence between them and fierce northern blasts, 35 degrees below zero, they have died as if shot In one case 100 valuable young bulls, worth on the average 1100 each, were corraled on the prairie without shelter and in one night twenty of them perished. General loss is being experienced from premature calving, which some attribute to something in the food in the nature or ergot- The more ration al explanation is that the stockmen have over-reached themselves forcing the calf crop. They have argued that in present conditions, where a calf at weaning time is worth as much as its mother, a year's time and an addition al crop could be gained by breeding yearling heifers, instead of waiting until they were two years old, as wtB the former practice. The result it as stated. Gates college at Neligh opened for the spring term with an attendance nearly the same as that of the winter term, an unusual occurrence, i. (MY IS ACQUITTED On Announcement of Verdict, He Is Reappointed. DEMONSTRATION WKN CASE ENBS i Crowd ef Bathaslastle Fileads Make Attempt to Carry Kx-Seaator Oat of OMirt Moos ea Their Shealders, bat Urn Resists, ChUmlag Ho Was Too Old for That. PHILADELPHIA; April 22. Mat thew Stanley Quay was declared by a Jury of his peers to be not guilty of tire charge of conspiring to use for his own unlawful gain and profit the funds of the state of Pennsylvania deposited in the Peoule's bank of this city. The -verdict waAaaaouaaed by the forasaan 6f the Jury just as the hands of the court room time piece pointed to 11 o'clock. There was an attempt at a demon stration, but this was sternly repressed by the court officers whose loud shouts of "Order!" "Silence!" was effective in silencing those jubilant spirits who wished to give vent to their satisfac tion by cheering. The officers were unable, however, to keep back those who struggled to get to Senatof Quay and congratulate him. Chairs were upset, tables were brushed aside and hats were smashed by the on-rushing crowd. Senator Quay, with a broad smile on his face, responded pleasant ly to the greeting and congratulations of those who crowded around. A few of his political friends were there, and these men were loud and sincere in their expressions. Although the court officers prevented the cheering in the court room, their jurisdiction did not extend to the corridors of the city ball and the first group of men who left the court room sent up a mighty shout, which was taken up and repeated by the crowds just outside the "dead line" drawn by the watchmen, beyond which only pos sessors of tickets were allowed to pass. As soon as Senator Quay could get away from those anxious to shake his hand and congratulate him, be made his way, accompanied by his counsel, to the elevator to descend to the street from the sixth floor of the Municipal building. Here the scenes in the court room were repeated. Everybody want ed to say something pleasant to mm and crowds gathered near the eleva tor shaft on each floor to watch the Car carrying the distinguished party as it descended to the street. The ave nue surrounding the city hall is wide and smooth and the neighborhood is the stamping ground for the politicians of the town. A group of enthusiasts rushed forward and attempted to hoist him ontd their shoulders, but the sen ator waved them back, saying: "Oh, no, oh, no, I'm too old a man for that." Senator Quay walked with his friends one block down Broad street to the office of his counsel, where he made his escape from the surging crowd. It Is understood that he will at once join his family in Washington and Will probably go awav for a long to the announcement of the verdict the accused man sat in his ac customed seat in the court room and chatted with his Counsel and a group of newspaper reporters. He was in good spirits, probably owing to the prevalent rumor that only one of the jurors was holding out against him. When the jurymen had taken their seats in the box the senator turned and half faced them. The stereotyped "How say you, gen tlemen of the jury; do you find the prisoner at the bar guilty or not guil ty?" brought promptly from the fore man's lips the words "Not guilty," and at this point Senator Quay's fade flushed and he seemed momentarily as if about to be overcome by the feel ing of emotion that was surging over him. This was only for an instant, however, and the great political lead er was his imperturbable self again, as he smilingly responded to the con gratulations that were being heaped upon him. Senator Quay did not look at the jury at all, or in any way express his gratitude to it for its verdict in his favor. His friends, however, surround ed the jurors, patted them on the back and told them what heroes they were. Senator Quay's only comment on the verdict was, -"Well, I expected it." HARRISBURG, Pa., April 22. Shortly after noon Governor Stone appointed Matthew Stanley Quay as senator to serve until the next session of the legislature. The appointment is addressed to the president of the senate and it is stated in the letter to be made under authority of clause 2 of section 3 of article 1 of the consti tution of the United States. Sheriff Killed la Ambanh. KNOXVILLE, Tenn., April 22. Sheriff J. S. Dawson of Cook county was killed last night from ambush in the mountains near the North Caro lina line, not far from Walkerville, N. C. The marshals walked into the ambush about 2 o'clock this morning. The first shot was aimed at Chief Deputy. J. D. Alton of this city. The bullet passed through his coat, strik ing Sheriff Dawson in the neck. The sheriff died almost instantly. The scene of the ambush is in the mountains, twenty-five miles from the nearest telegraph office, and details are meager. It is said the moonshiners have gathered in considerable force and reinforcements will be sent to the deputies at once. Schley to be la Omaha. OMAHA, Neb., April 22. Rear Ad miral Schley, the hero of Santiago bay, will possibly be an Omaha visitor the early part of next month. The only contingency which may prevent the trip is bis recent assignment to duty on a retiring board at Washington, the duties of which may require his continued presence there. If he comes it will be in the capacity of a private citizen, seeking rest from the whirl of events which have followed in quick succession since the day he sent the Spanish fleet to the bottom of tue sea. He will be accompanied by Mrs. Schley. Deellaes to KecaU Men PORTLAND, Ore., April 22. A spe cial to the Oregonian from Salem, Ore., says: Governor Geer, in reply to nu merous requests that he make a de mand for the return of the Oregon volunteers now in the Philippines, baa issued a statement to the effect that he would consider such a proceeding a discredit to the state and unjust to the boys themselves, who were anxious to go to the Ph..ppines and see active service. He declines to act on the suggestion. BRUSH WITH REBELS. ttgfcUtff Beaowefi to the North Sft-tftHWest mt Blaalta. MANILA. APrll 22. A force of aboat 200 rebels yesterday afternoon attacked the outposts of the Washlnatoa regi ment near Taguig, south of Pasls; aad Pateros. Two companies Immediately engaged the enemy and advanced into the open in skirmish order. The rebels were checked and routed after two hours' fighting, leaving twelve men killed on the field and several wounded. The heat is intense. At noon the thermometer registered 95 degrees aad the mercury was still rising. There were several prostrations from the heat among: the troops, but only one man was founded. Later the army tugs opened Ire on the enemy along the river banks. The rebels are unusually active west of Malotos as far as Calumpit. They have have been busily at work on their trenches and several new trenches have been discovered within two miles of the railroad. Fires are burning east of the railroad and it woald appear that the rebels are evacuating the foot hill towns in anticipation of an attack upon the part of the American troops. At 6 o'clock this morning three com panies of the South Dakota regiment marched front fiocave and In conjunc tion with three companies of the Min nesota regiment from Guigolnto. north of Bocave. encountered a rebel force numbering fully 500 men. When two miles out. The enemy retired three miles In fairly good order, in spite of the fact that the rebels suffered heavy losses. The Americans, having ex hausted their ammunition, were com pelled id return to their camps. NEW YORK. April 22. A special to the Tribune from Washington says: Nearly 9,000 regulars of the 14.060 that the president has determined to order to General Otis during the coming summer have been practically selected and no difficulty is apprehended by the war department authorities in securing the remaining 5,000 by the time they are needed. The excellent outlook ia Porto Rico and Cuba will, in all likeli hood, permit the withdrawal of four more regiments from those islands be fore the summer is over and the 5,000 thus obtained will fill the requirements, either by being sent forward directly to Manila ox by relieving domestic garrisons for service across the Pa cific The lack of transportation facilities constituttes the greatest problem, but General Otis fortunately does not re quire more than 30,000 troops during the summer and by the time he does need the remaining 5,000 they will be ready for him and the ships will be available to transport them. Buffalo ReeeUes Bryan. BUFFALO, N. Y., April 22. Fully 3,000 people crowded Music hall to night to listen to W. J. Bryan. Among those in the boxes were Mayor Conrad Diehl, Vicar General Connery of the diocese of Buffalo, and the chief city officials. Mr. Bryan appeared upon the stage at 8:25 o'clock, accompanied by a large company. He was enthusi astically received, the crowd rising and cheering for some time. Among those on the platform were Frank L. Bapst. chairman of the democratic general committee; Norman E. Mack, supreme court justice. Robert G. Titus and Oliver H. P. Belmont. Justice Titus presided. He spoke against territorial expansion and urged the democratic party to plant Itself squarely in opposition to "that heresy. The chairman introduced Mr. Bel mont, who was received with hearty applause. Justice Titus paid a high tribute to Mr. Bryan, who was received with tre mendous cheering. Cannon Waats Speakership. CHICAGO, April 22. Congressman Joseph G. Cannon came to Chicago from Danville today to tell a few friends he was an avowed candidate for the speakership of the house of representatives and then took a train for Washington. As a result of the growing rivalry between the supporters of Congress man Hopkins and Congressman Can non for Mr. Reed's place, there is talk of a conference, probably in Chicago, of Illinois republican congressmen to decide which of the two they will sup port. They feel a divided delegation from Illinois might jeopardize chances of success, and hope to focus their energies in favor of out; man. Term of Sapreme Court. WASHINGTON, D. C, April 22. The United States supreme court will ad journ for the present term on May 22. The call of the docket for cases will be suspended on Friday, the 28th inst., leaving one week for the argument of cases. On Monday, May 1, the court will meet for the announcement of opinions and the hearing of motions and then will take a two weeks' recess. The sessions of May 15 and 22 will be held for the promuleation of opinions only. Quay Is Silent. WASHINGTON, D. C. April 22. Senator Quay of Pennsylvania is in the city, stopping at his house on K street. He was met at the station on his arrival today by a number of friends, who congratulated him on the outcome of his trial and appointment as senator. The senator declined to be interviewed. There were a number of callers at the house and many con gratulatory telegrams received. Bf Hter Oat of Xebragkanr AUBUSTA, Ga., April 22. The Third Nebraska will be mustered out May 11. Its former colonel, W. J. Bryan, will be invited to review the regiment be fore it is disbanded. Sherman Restored to Health. WASHINGTON, April 22. Ex-Secretary Sherman was one of the presi dent's callers today. The ex-secretary 2 has so far recovered that he is able to take a short drive each day. Although his recent severe illness has left him worn and thin be looked remarkably well today, considering his advanced age. The president greeted him cor dially, expressing his warmest con gratulations upon his recovery. Mr. fihprman remained but a few minutes. ! He said he had simply called to pay a friendly visit to the president. Troops a Good Conditio. WASHINGTON. April 22. The fol lowing dispatch was received at the war department today: "MANILA, April 21. Adjutant Gen eral, Washington: Troops abundantly supplied and sickness, wounded in cluded, only seven and fraction per cent of command. , OTIS." ATLANTA, Ga., April 22. Major John C. Muehlenberg has been appoint ed chief paymaster of the department of the gulf to succeed the late Colonel George E. Glenn, who died recently in Baltimore. THC OLD MLIABL8. ColumbusStateBank Pip ttnt Hi Hod. lata Urn BriUfc BUYS GOOD NOTES Aathol-paltoci Lsjmn QkbxaWi Prea't. B. & Hs-unr, Vice Prea't. M. Bbvmxb, Caeala lemtoAVTFxm, Wm. The Columbus Journal. A Weekly Newspaper devoted to best interests of CoMis, Tha duty if Plittt, Tin State ef Itfcnski, Tpi UiiM Statu, -AND TO1 REST OF MANKIND. TUB UNIT Ol1 MEASUR1 WITH US IB $1.50 a Year, If Paid In AdvnOw. 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