Nebraska Newspapers

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VOLUME XXX.-NUMBER 3.
COLtJMfetJS. NEBRASKA. WEDNESDAY. APEIL 26, 1899.
WHOLE NUMBER 1,511.
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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.
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