Omaha daily bee., 1902-12-05

For this biennial period the cost has
been:
First semi-annual period. .............. 1851
Second s"emi-annuai period ............ S191
Third semi-annual period. ............... 1924
Fourth semi-annual period .............. 66O5
Aulal ss.s...... Ndk0.Vl
The saving per capita being 1894. This
amount multiplied by $685.. the average
daily number Of patients present during.
the two years shows the net savings to
the state Of S35, OPS"
The report shows there has been treated
a total Of 1913 patients during the two
years. The increase in the number OF
patients is due to the destruction OF the
asylum at Norfolk. The asylum now has
100 more patients than normal. The legis-
lature appropriated s156. SIS for maintenance
and improvements upon the estimate that
the maximum number Of patients would be
$50 the first year and 400 the second. The
balance in the various funds will pay the
running expenses until the end Of the
year except for food, clothing, books,
drugs and instruments
Ruling on insurance.
An important decision on life insurance
is announced in the supreme court in tho
case Of the Royal Neighbors Of America
hbdiu0l dlidNts Oil Ndbt lIOh DOukts
The court adheres to its former ruling OF
reversal, announced at the last term of
court, but changes its mind materially as
to the rule that applies to answers to ques-
tions in the application. The matter turned
upon whether these answers are warranties
or merely representations. The court says
that the proper rule is that the asking OF
a question by the company is a declaration
that the fact sought to be ELECTED by the
question is material and the answer by the
applicant, when he procures a policy to be
issued is an assent to its materially, the
form of application and the policy con-
stituting an agreement that the statements
are material to the risk. This still leaves
It open, says the court, to the determine
ton OF the jury whether the answer was
true, and IL not true, whether the variance
was material to the risk. 1t is not for
the jury, however, to say that the W
though substantially untrue, we're never
theless immaterial.
Could Dodge No Longer.
A point that the court naively admits it
has hesitated about deciding before and
has not gone out of it's way to pass upon.
is formally decided in the case Of Haslack
against Wolff, from Platte county. 1t Is a
matter Of commercial law and the question
at issue was whether a note in which. the
signer obligates himself to pay the sum
named with exchange on some point other
than that which 1t is payable is negotiable
or not. There are many decisions on both
sides OF the case, but the Nebraska court
says that II considers those which hold
that such a note is negotiable as being the
better reasoned and founded. 1t says that
exchange is a mere incident, analogous to
attorneys fees and costs Of suit.
Cannot Waive some Rights.
Commissioner Oldham makes 1t very plain
that the supreme court Of Nebraska isn't
going to bow its head in acquiescence to a
rule Of law simply because the English
court of chancery has laid IL down. In a
case which brings up. once more the ques-
tion of whether an award by srbitrators
is q step precedent to an action on an in
surance policy, Mr.. Oldham, in commenting
upon a holding of the lord chief justice In
the Affirmative, says:
This court will not strain the pro-
visions of the construction of the state nor
go contrary to a line OF well-settled de-
cisions merely to place itself in touch with
the House Of Lords. Neither will 1t open
a leak in the dyke Of constitutional guar
antees that some day may carry all away"
The point was insisted upon in two cases,
one OF the Hartford Fire against Hon. from
Lancaster, and the other. the Phoenix
against Zlatsky, from Dodge. The effect
OF the decision is to absolutely nullify what
is known among insurance men as the
New York standard form" OF policy. Each
of these policies contains a provision that
neither can maintain a suit after breach
until all differences have been settled by
arbitration. The court holds that this is
void and not enforcible, for the reason
that 1t Gusts the courts of their jurisdiction.
A man, the court says, cannot barter AWAY
substantial rights; he can't bond himself
in advance to waive the right of the trial
by jury. The insurance companies con-
tended that while the question Of liability
could not be waived by contract. yet he
was free to stipulate that the loss be hxed
by other than a resort to the courts. but
the supreme court says this cannot be done
In Nebraska.
Penalty Clause Valid.
The court holds that the act Of the leg
~islature imposing a penalty of $50 for fai'
ure on the part OF a MORTGAGE to releas 50
OF record a mortgage that has been salts
fed is constitutional. The point wa
s~quarely raised in the case Of VsnDuze.
against Mellinger, an error case from Kear.
ney, In which a direct attack was made upor
the law as not being proper anendator,
legislation. The court says that the amend
ment was embraced In the proper scop,
OF the legislation, is germane to the sub
ject matter and does not contravene tina
Z section OF the constitution rela ing to tn.
title OF bills. 1t says that IL was eNidentl,
added to give effect to the provision thu
when paid a mortgage must bA released
as the mortgagor would be powerless un,es
there was a penalty alta he'd for n n
compliance.
Heirs Cannot RecOve
The heirs Of John z. Neu of Otoe count,
Will not recover any damags fom tina
county because OF his death. Neu wen
through a country bridge with a threshini
outht and was killed. His estate contendel
that the bridge was insecure and unsat
Tor ordinary travel and while the threshe
outnt was hve times as heavy as eny or
binary lead It was the duty of the count,
to build its bridges in anticipation OF Ia,
proper accommodation OF the pub ie a
large In the. various occupations which f-on
time TO time may be pursued In the local
NY The court holds that the Jury, bayin
round that this was an unu uaI str IN
which the county was net bouni to anti,
lpate, TINS was binding. There w-s n
evidence that Neu had said he had crosse
! the hridrp dva tEuno. -. -