Omaha daily bee., 1899-11-03
BRYANT FILES HIS ANSWER
Deputy Insurance Commissioner Comes Bach
at Auditor Cornell.
PREPARES HIS BRIEF WITHOUT HELP
Takes I'D Mt Length the Allegations
of the Auditor and Replies TO
Them-Board of Health
sits on Oneal.

OF deputy insurance Commissioner Bryant
In the case OF Auditor Cornell against Gov
ernor Poynter was filed in the supreme court
this afternoon. Attorney General Smyth, w.
d. Oldham, Arthur j. Weaver and Auditor
Cornell are named In the brief as attorneys
for the respondent, and William b. Price
and Robert Ryan for the relator.
Attorney General Smyth several weeks ago
entered the case as counsel for the governor
and at that time sgnlfed his intention OF
preparing a brief himself. The time al
lowed for filing briefs in this case expired
today and the expected document OF the at
torney general did not put in an appearance.
Deputy Commissioner Bryant has devoted
his entire time to this case for month
or more and has received no assistance or
suggestions from the legal department OF
the state. 1t is the general opinion of those
who have watched The case and the insur-
ance controversy that Smyth desires to de-
lay the hearing OF the case as long as pos
sible.
The case is an action OF quo warranto
In the original jurisdiction OF the supreme
court to determine whether the governor
or auditor has supervision OF the insurance
business OF the state. The decision OF the
court OF course, will be as to the consti-
tutionality of the Weaver act, creating the
who had complete charge of the states in
surance supervision prior to July 1, 1899,
claims that the Weaver law is unconstitu-
tional and consequently that Governor Poyn-
ter has no control over the insurance bureau.
The relator further claimed that even IL the
law was constitutional there were certain
lines of insurance still under his super
vision, for the reason that certain statutes
which gave the auditor supervision over such
lines we're not repealed by the Weaver act.
Political Argument.
The brief of auditor Cornel's attorney
opeped with an argument OF political ma
ture, referring to the passage OF the Weaver
act as the result OF political jobbery. 1t
was also contended that the governor could
not approve a bill which gave personal
advantage to himself This last contention
is dismissed by Mr.. Bryant as being un-
worthy OF discr sson. but the other points
are treated in their order with innumerabie
citations from dictionaries and supreme
court decisions and references to ancient
history.
II was asserted in the brief OF the relator
that the auditors duties were LETT In con-
dition SO perplexing to a conscientious Of
ncial that the suit was unavoidable. MT.
BRYANT refers to this as follows:
III the au01tOT WTeSlleu VIII hio Noh
,cience as Jacob did with his angel, or as the
anostle fought with the wild beasts at Ephe-
sus. It is for Omnscience to determine
which was the victor. l will not bring
against him the railing accusation. Let the
Searcher OF All Hearts rebuke him or let
him go quit without day
Mr.. Bryant emphasizes the fact that the
primary object of the Weaver law was the
creation of bureau Of insurance with the
governor as commissioner or In other words,
to- remove the supervision from the hands
OF the auditor. 'If the Insurance depart
ment is divided" Mr.. Bryant says in his
brief "the business of the state insurance
bureau is crippled. making it impossible to
inaugurate and carry out any far-reaching
reform This was not the purpose of the
Legislators. with practical unanimity and
without regard tc party they agreed upon
the Weaver law"
After drawing an illustration from the
time OF Alexander the Great, Mr.. Bryant
continues:
II know OF no such mendicants maxim
as half loaf is better than none. The
gourmand lives to eat. The man with the
proper sense of moral accounta bility eats
10 live The political tramp the quas-re-
spectacle beggar. the ward heeler, the eau
Gus roustabout, may not be content to hold
office for what there is in it"
sums Ua the Case.
In summing UP the case the following
cardinal points are made:
First-The Weaver law in naming the
governor insurance commissioner conferred
an official function and did not create new
executive office.
Second-The portions of our constitution
regulating taxation were taken substantially
from the constitution OF Illinois, which
state had long before placed a construction
upon those parts OF it's constitution.
Third-The Weaver law is not multifari-
Gus.
Fourth-The title of the act is broad
enough to cover the actin fact is more
minute than is required. When the repeal
OF an old law is incidental and germane to
n new law 1t is not necessary to mention the
repeal or amendment in the title.
Fifh-Section 50 of the Weaver law does
not refer to the supervision OF the depart
ment
Sixth-The ancient statutes OF the state
on insurance and the laws passed at the
twenty sixth session are to be construed to-
gether as statutes in pari materia. and the
law In each case Is the spirit OF the law ant
the intent OF the Legislature rather thar
In the letter OF the statute.
Seventh-No point has been made upon th
not be repealed at the session at which /
Is enacted, for this doctrine, II 1t obtain
at all in America is not applicable to re
peals by implication
These points practically cover all the con
tentions OF the relator The case has beei
advanced on the supreme court calenda
and may possibly be heard during the pres
ent month.
Governor Poynter has been asked to settl
dispute arising from the discovery OF
coal vein in Dakota county. Men employe
on farm in that county discovered coal a
tho bottom of well and immedlatel
claimed the reward offered by the state
The owner Of the farm has protested agains
the allowance OF the claim on the groun
that under the Nebraska law a title to
piece of land carries with 1t all rights an
that no one but its owner has a right to
reward for discovery Of any mineral on @
below its surface.
Oneafs License Revoked.
The secretaries OF the State Board {
Health this afternoon recommended that th
license OF DIR. Oren Oneal be revoked o
the grounds OF unprofessional conduct Thi
case hat been dragging along with tn
. health authorities OF the state Tor sever,
months past DIR. Oneal Is a travelin