Omaha daily bee., 1899-07-02
CORNELL STILL HOLDS FAST
Retains the Books and Papers Of the Insur-
anoe Department.
POINTER MAKES A DEMAND FOR THEM
Cornell Pays No Attention to the
Comm unicntion and Continues to
Run the Department ms lie
Sees Fit.


State Auditor Cornell still adheree to his
former decision to retain possession OF the
books and records Of the Insurance depart
ment Of the state until the constitutionality
OF the Weaver act Is established In the
courts. While no formal demand for the
Office has been made upon the auditor. either
by Governor Poynter or Insurance Commits
sioner Bryant, 1t is his evident Intention to
hold the Office His reason for not turning
over the books is that he wishes to be con-
WINGED that he will be relieved OF all liability
II the transfer is made. Auditor Cornell
and Governor Poynter held a consultation
this morning but no definite conclusion was
reached. Governor Poynter offered to com
mence a friendly suit in the district court
here II the auditor would agree to release
the books and records, but this the latter
refused to do, remarking that the matter
should be settled before the transfer is
made.
Insurance Commissioner Bryant and his
deputy J. G.. p. Hlldebrand, were at the
State house this morning prepared to as
sumo the duties OF the Insurance depart
ment. Furniture for their office was pur-
chased this morning and stationery and
signs with the insurance commissioners
name attached have been prepared. Mr..
Bryant has invested nearly 500 in office
stationery and seals. An expensive official
seal was ordered by Mr.. Bryant several
days ago, Auditor Cornell voluntarily Civ
ing few suggestions as to its design. 1t
is reported that the new commissioner has
disposed Of all of his property in his home
town.
Governor Makes Formal Demand.
This afternoon a formal demand was made
upon the auditor by Governor Poynter for
the books and records OF the office. The
demand was in writing. but Auditor Cornell
refused to read 1t when presented, saying
that he was busy and could not consider 1t
at the time.
II have received a Communication from
the governor" eaid Mr.. Cornell, "5ut
haven't had time to read it and will not
for some time"
Before the formal application was made
Governor Poynter visited the auditors Of
flee and informed the auditor that he in
tended to make formal demand. This was
later given to Commissioner Bryant, who
with his deputy. J. G. P. Hildebrand, pre-
sented 1t to the auditor The demand Of
the governor follows:
To Hon. John F. Cornell. Auditor OF Pub
lie Accounts for the State OF Nebraska: /
hereby demand of you that you surrender to
me. as the insurance commissioner OF said
state, all records, books, blanks, reports and
all other appurtenances in your office be-
longing to the state insurance business,
which will receive either at your Office or
at the room set apart for the insurance de-
partment in the state capitol building, as
you may elect. w. A. POINTER,
Governor of Nebraska.
Auditor Cornell is still conducting the in
surance department and although no ap
preparation was made by the legislature for
the work, the insurance clerks are discharg
ing their duties before the Weaver law
inf affn
the state treasurer custodian of the insur-
ance securities. but Treasurer Merserve has
not decided whether to accept these papers
or not. He stated this afternoon that no
securities had been offered him under the
law and that he was not prepared to state
how he would act in the matter. Regarding
the receipts for fees received he stated that
he would send them to the different COM
panies and that they could use their own
Judgment whether to return them to the
auditor or to the newly appointed insurance
commissioner. Auditor Cornell said this
morning that IL the governor would make a
formal demand for the records Of the office
he would reply in writing at an early date,
Orders for Barry.
The following orders were issued this aft
ernoon by Adjutant General Barry:
HEADQUARTERS NEBRASKA MA
IioNAL GUARD, Adjutant Generals Office,
Lincoln, Neb., July 1, 1S99-In compliance
with section "a, chapter lvl, Compiled
statutes OF Nebraska, 1897, board of ex-
animation Will convene in the adjutant gem
efai once, capitol building, Lincoln, at
O'Clock a. m. sharp, on Saturday July %
1899, Tor the purpose of examining such per-
sons as may be ordered before 1t as to their
ntness Tor positions as commissioned officers
IN the Nebraska National Guard. Detail for
the boarC'. Brigadier General p H. Barry,
adjutant General; Colonel c. C. Barns sur
geon general; Colonel Arthur e. Campbell.
Second regiment; Captain Eli Hodgins,
company G, Second regiment; Captain
John G.. Hartigan, Company d, Second regi-
ment. The junior member will record the
proceedings.
The following named officers will report
for examination to the president OF the
board OF examination, convened by the pre-
cedlng paragraph, viz: James G. Marion,
captain and surgeon Second regiment;
charles Locke, captain Company B. Second
regiment; Edward ]. Streight. captain Com
pany +, Second regiment; Tim F. Mccarthy
captain Company II, Second regiment;
Michael W. McGann, captain Company M
Second regiment; Fred Vida. captain Com
pany b, Unattached James A. Patton, first
lieutenant Company B, Second regiment;
Paul lessen, first lieutenant Company C,
Second regiment; Robert A. Capp first lieu
tenant Company D. Second regiment; Charles
W Weeks, first lieutenant Company f, Sec
ond regiment Oliver G. Osborne, first lieu
tenant Company G, Second regiment; John
Venters, first lieutenant Company H. Second
regiment; Hugh S. Fergerson. first lieu
tenant Company I, Second regiment; Joseph
F. Smatlan, first lieutenant Company X
Second regiment; Carl ii. Pilger first lieu
tenant Company L, Second regiment; Fred
J. Mack, first lieutenant Company NJ Second
regiment; Thomas A. Clements, first lieu
tenant Company B, unattached; Clifford l.
Funk, first Lieutenant Troop A. cavalry;
Herbery X. Schars. second lieutenant Com.
pany A, Second regiment; George Pierce,
second lieutenant Company B, Second regi-
ment Edwin f. Wilhelmy, second lieutenant
Company G, Second regiment; Charles ].
Rhode, second lieutenant Company d, Sec
ond regiment; Frederick ]. Bolshaw, second