Omaha daily bee., 1902-07-02
UPHOLDS The COMPROMISE
Supreme Court Makes It's Ninth Ruling on
German Savings Bank Affairs.
sUsTAlNs THE FEMALE LABOR LAW
Statement Of state Treasurer stuefer
shows Increase I'm the Perma-
nent school Fund Since
May L.
CFrom a stan Correspondent

preme court has af1rmed the judgment OF
the district court Of Douglas county in
the case OF the State against The German
Savings Bank Of Omaha. The opinion is by
Commissioner Oldham. Commissioned Pound
concurring in a separate opinion. II Is
held that the evidence does not show any
abuse Of discretion Of the trial court in
approving the compromise Of doubtful
claims with certain stockholders Of the
institution.
This is the ninth time the case has been
reviewed in the supreme court, either for
relief from som order, judgment or ind
ing Of the district court OF Douglas county
in closing up the affairs Of the German
Savings bank or for mandate to compel the
Judge to settle bills Of exceptions or to
approve bonds. On July %. 1895, Thomas
II. McCague was appointed receiver of the
savings bank and after much litigation
succeeded In the carly part Of 1901 in dis
posing OF the assets. From the proceeds
Of the sale Of these assets a dividend of
33h per cent was paid to the depositors
and on May s the court found that all as
sets Of the bank had been exhausted and
that there had been about $500 900 due 10
depositors when the bank failed and that
after applying the proceeds Of the sale Vt
the assets there still remained due the de-
pOhlbOTS ABOUT ASoV,uOU. Inc COuIl lOuhu
that there had been subscribed and issued
OF the capital stock OF the savings bank
$500. 900. divided into 5000 shares Of the
par value of 800 eachl 1t also found that
there was no way left to pay all the debts
except by collecting the liabilities due from
the stockholders and ordered the receiver
to bring suit against the stockholders for
their unpaid subscriptions OF stock, as we'll
as for their double liability. Concerning
these orders and findings Of the district
court there is no complaint. Shortly after
suit had been ordered to be instituted
against the stockholders a proposition of
compromise was made by certain stock
holders to the receiver. in which they pro-
posed to pay In round numbers $103 900 in
settlement of their liabilities. The re-
ceiver recommended that the compromise
be accepted.
g~ustains Female Labor Law.
Til court s~ustains the female labor law.
The case involving the constitutionallty OF
this law was appealed from Douglas
county, where the proprietor Of the Nom
pareil Steam Laundry was convicted and
fined for violating the provisions Of the
act. The opinion is by Judge Barnes.
The syllabus Of the opinion follows;
The act Of the legislature approved
1AhANh oAf 1000 ~ - INa t'hhaN $50
hours of employment OF females in manu-
featuring, mechanical and mercantile es-
provide for It's enforcement and a penalty
Tor its violation contains but one sub
Its title, in which it's subject is clearly ex-
pressed.
1883. to protect the health of females en-
ployes In stores, offices and schools. 1t Is
an act complete In itself and is. not re-
pugnant to the provisions of section II OF
article Ill of the constitution.
The law as expressed therein has a uni
.smp:oSod In the estgabiishments described
therein, and Is not class legislation within
the meaning of section Is, article iii, OF
The act in effect is only a fair and rea-
sonable exercise of the police power. II
or the reasonable use thereof without due
process of law; It does not prohibit the
same in a reasonable manner. Il Is there
fore not In conflict with the constitution
and is in all things valid.
Following are the vital sections of the
law:
Section l. That no female shall be en-
ployed in any manufacturing, mechanical
taurant in this state more than sixty hours
during any one week, ana that ten hours
shall constitute a days labor. The hours
permit the employment Of such females
at any time from s o'clock a. m, to 70
o'clock y. m, but In no case shall such
employment exceed ten hours in any one
day.
Sec. 2. Every such employer shall post
In a conspicuous place. In every room where
such females are employed, a printed no
tice stating the number OF hours work re-
quired of them each day of the week, the
hours of commencing and stopping such
work and the hours when the time OF
times allowed for dinner or for other meals
notice shall be furnished by the deputy
labor commissioner and the form OF such
notice approved by the attorney general OF
Sec. 3. Every such employer in such
establishment shall provide suitable seats
for the females so employed and shall
they are not necessarily engaged In tbs
active duties for which they are EN-
Sec. 1. Any employer, overseer, superin.
tendent or other agents OF such employer
who shall violate any of the provisions Of
sum not less than $40 nor more than $50
and II is hereby made the duty Of the dep
uty labor commissioner to enforce the pro
nothing in this act shall be construed L
prevent any other person from enforcing IL
provisions.
Wards Of the state.
In the opinion Commissions Barnes says
Women and children have always, TO
certain extent, been wards OF the state
Women in recent years have been partl!
abilities; they now have a limited right L
contract; they may own property, real ant
GAGE in business on their own account. bu
they are governed and can take no part Il
municipal affairs. They. are unabl
70 endure the same hours Of exhaastiV
certain kinds Of work which may be per
health would wreck the constitutions an,
destroy the health OF women. and rende
them incapable OF bearing their share 0
the hurAana Of the fanilV aud the hOrae