Omaha daily bee., 1902-12-23
'OLMSTED KEEPS THE MONEY
Payment for Horse Killed in Military Service
Held to Have Been Legal.
INSURANCE TOPICS STILL UPPERMosT
Report of Minnesota Department on
a Des MOines Concern n
Much Excitement in Cap
itaI City.
From a stan correspondent

DIES MONIES Dec. 22.-(Special.)-Majo
J. A. Olmstead, commandant Of the mill
tary department Of the State Normal
school at Cedar Falls, today received in
formation to the effect that he has again
won his case in which the United States
has been suing him to recover money paid
him for a horse. The court Of appeals
has affirmed the decision of Judge Nc
Pherson. Nearly seven years ago Ohm
stead was stationed at Fort Robinson as
a major in the regular army. While on
duty he lost a horse, which was his own
property, but which was in use by him
as an officer in the army. He filed a claim
under the act of 1885 and after his claim
had gone through the usual routine he
received $50 for his lost horse. Later the
claims of this nature became so numerous
that it was desired some new ruling should
be made, and the War department directed
United States Attorney Miles to bring
suit in the federal court here to recover
the sum paid. 1t was set up by the gov
eminent that the claim was irregular, and
that the act did not contemplate payment
under such circumstances. Judge McPher-
son held that the payment by the comp
troller was correct and in accordance with
the law, and now the circuit court of ap-
peals, sitting at st. Louis, has affirmed the
Mcpherson decision. Major 0lmstead has
since retired from the service and last
year was inspector general Of the Iowa
national guard, but is now instructor at
the State Normal school.
Insurance Matters.
State Auditor Merriam returned this
morning from Chicago, where he had gone
to see an uncle, who is very i'll. Attorney
General Mullan also returned this after
noon from Waterloo. 1t is expected the
state executive council will Immediately
take up the matter of complaints in regard
to the alleged illegal or irregular xamina
tion of insurance companies in New York
by the state auditor and his examiner.
Thus far both the auditor and the other
members of the council have hesitated
about making a beginning in such an in
quiry.
Something of a sensation has been Gre
ated by the official report of the Minnesota
insurance department on the National Life
and Trust of this city, which has been
doing business about three years and a
half. The report Of the official m
makes a bad showing OF the company's
ability to pay the extraordinary sums
which have been promised, for OF the
81, 500, 600 received by the company thus
} far only SIS, 657 has gone back to policy
I holders, and there is a surplus of only
| ABOUT SEo,OOV dS pIOhlo' AH
finds that the company, through its Of
fcials, processes to be able to double an
investment in ten years. but he points out
that this will be impossible under the
showing the company was able to make
to him. Oficers OF the company claim
that the examination was preiudiced, but
1t is causing condemnation.
Interurban Promotion wins.
Thomas ]. wilcox Of this city bias re-
turned from Clinton, where he has spent
the major portion of the last season en-
gagged in promotion Of an interurban electric
railroad from Clinton to Davenport. The
route secured win fellow closely along the
river and will be of immense advantage
to both cities. The contracts have all been
let for the construction Of the road. prsc-
tically all of the right-of-way has been
secured and the preliminaries are arranged.
The line met with some opposition because
Of a rival company organized to build over
the same route, and on several occasions
there was a clash Of interests. Work will
be commenced in the spring and the con-
tracts call for completion by August next.
Swift would Get New Trial.
An appeal has been filed in the case of
George Swift, convicted in the district
court at Avoca, Pottawattamie county, OF
breaking and entering a warehouse which
contained beer. He and Andy Sandiland
were jointly indicted for the crime and
Swift was sentenced by Judge Thornell to
fifteen months in the penitentiary on his
conviction.
Articles OF incorporation were filed to-
day with the secretary of state for the
Buland-Hill company Of Cambridge, capital
$4,000.
The name Of the Olive Food company of
Marshalltown has been changed to the An
thony Stock Food company.
Victim of dope"
The coroner held an inquest today on
the body Of Jerry Corcoran, who was found
dead in his rooming house. The evidence
showed the man was the victim Of NOR
phine, but whether administered by him
/. self or by others could not be ascertained.
Two men, Burns and Beverage, are being
held for Investigation. The testimony be-
fore the Jury showed that the three men
and perhaps others were together during
Saturday night, drinking and carousing, and
later that Corcoran went TO bed. but that
Burns and Beverage had a check belonging
to Corcoran, which they cashed. Coreoran
was engaged in grading the Iowa Falls
railroad and had been boarding in the city
a few weeks. 1t is regarded as doubtful
II his death can be laid to his associates
during the night, but the case is regarded
as suspicious.
Both victims Dead.
Information from Pennington is to the
effect that Marshal Coulter and Justice
Musgrave, both victims OF the enraged
George stilwell. died on Sunday from their
wounds. The murderer was committed on
Friday and on Saturday IL was thought
both men would get well, but on Sunday
both died. Coulter and Musgrave were
both we'll respected.
ARREST CAUSES A SENSATION