Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1898-10-13
TRIBUNAL PASSES ON ODD Eel,
LOWS INSURANCE CASE,
COMPANY is SUSTAINED
Justice Winslow Writes Vigorous
Opinion Favoring Fusion OF Politi-
cal Parties -Waukesha Labor
Union CaSe--Other Decisions and
Proceedings OF the Day,
Madison, Oct, IL,

finding will be OF interest TO all per-
sons holding policies IN mutual life in
surance companies, Mrs. Frances
Kahn sued Assignee John l., Fulton of
the letunct Odd Fellows Insurance
company for the amount Of her huS-
bands insurance policy, The husband
died about n year after the company
went into insolvency, and Mrs. Kahn
attorneys attempted to collect the sum
OF his policies from the assets of the
company, The circuit court OF Mil
waukee county, however, held that the
policy was not a debt, and that Mrs,
Kahn must wait and share in what
ever funds were left of the company's
assets after the payment OF all debts
Kahn appealed but the supreme court
upholds the circuit court
The words of Justice Winslow, who
writes Il vigorous opinion III opposition
to the majority OF the court in the
Milwaukee fusion case are of interest.
lie says in part, Il regard the pro-
vision of the election law which IL at
tackled In this case rs an unwarrant-
able Interference with the freedom OF
election and hence void, Its only pur-
pose Is To prevent fusion between two
parties, this Is plain to the most cas-
ual reader. That II will quite effect
lively accomplish this purpose, deny,
If one party has named u worthy
ticket, there Is no reason In either law
or morals why another should be de-
barred from endorsing that ticket eX-
copt ON pain of surrendering Its eX-
istence. 1t Is easy to say that the
rights Of the cleCtor are not infringed,
that lie may still vote for the men of
his choice because their names are not
on the official ballot and that the party
designation makes no difference In the
result Political rights are universally
exercised through party organization
and such organizations are recognized
by this very law. When the law inter-
feres with the freedom of action OF the
party. It necessarily interferes with
the freedom of action Of the individ-
uals who compose that party. This
law says to the party,
You shall not endorse the candidates
Of any other party, except on condition
that you surrender your existence az
"a party, and lose your right OF repre-
sentation on the official ballot In the
future 1t cannot be claimed that
this provision is aimed at any evi
practices or wrongful act Ii VIII pre-
vent no Illegal vote from being cast
nor will 1t stop corrupt practice, MOI
In any way preserve the purity of the
ballot. There IL In my judgment hC
reason In good morals or In the prin'
ciples of republican government fol
any such device. II IL well TO sur
round the ballot with reasonable regu'
lations, and to adopt all precautions
that Will prevent corruption and H.
legal voting, but 1t Is not well to
make the ballot difficult for honest
voters, nor to adopt devices which
tend only to hinder the full exercise OF
political rights.
The court afiirms the judgment In
the case OF Otto Fischer, who went To
Waukesha last spring In the interest
of the labor unions and was arrested
on charge of trying TO prevent non
union men from working on build
ing by intimidation and threats. The
jury found him guilty as charged and
the court imposed fine. The non
union carpenters at work on build
ing for the Schiltz brewing company
were receiving II cents an hour while
the union scale was u cents. Fischer
was organizer OF the Building Trades
council and the labor unions OF the
state contributed to his defense. Other
decisions were.
Emmett Martin, appellant, VI. Alyah
II. Remington and others, respond
ents, affirmed.
George II. Crowns, appellant, Vs.
Forest l.. and company; reversed.
Central National Bank Of Miiwau-
kee, respondent, vs.. NJ. II. brand, APP
pelant; appeal dismissed.
In the matter Of the will OF Hannah
SchoIl, deceased. Henry u. Dellicker
executor appellant; reversed In part
affirmed In part.
Julia Lederer, now Julia EiBler, vs.
estate OF Ignatz Kohn, deceased; at
hrmed.
Henry Mcssmer, and others. Vs.
Herman c. Block, appellant; affirmed
State upon the relation OF James Cha.
ney against Thomas McGoyern, clerk
etc; affirmed.
w. II. Williams and others. copart.
ners, vs.. J. II. Thrall and others. ap'
pellants; reversed.
Nettie NJ. Cornell vs.. Jeanette
WEIGH and others, respondents; re-
yersed.
Adolph Logemann and others vs.
Henry J. Pauly. appellant; reversed.
Andrew Goesl VS.. Charles Il. Davis,
appellant; reversed.
Wisconsin Marine and Fire lnsur-
ance Company bank vs.. Charles J.
MunkBitz and Others, respondents;
affirmed
o. L. Packard Machinery company
vi. Joseph Law. garnlshee, appellant;
reversed.
John A. Martens and others ys.
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