Omaha daily bee., 1902-11-08
DEATHBED PAYMENT INVALID
Supreme Court RevsrseS Old Rtle on Pay
ment Of Insurance Dues
CONDITIONS IN POLICY ARE BINDING
Governor Savage Calls Upon the
People of Nebraska 20 Observe
November ~ ns Thanks
giving.
CFrom a STAFF Correspondent

LINCOLN, Nov. 7-(Specisl. "A decision
Of great Importance to fraternal insurance
societies overturning as 1t does previous
rulings Of the court, is that just rendered
in the case of the Royal Highlanders
against Scoville. Hon. ID. A. Scoville OF
Aurora was the plaintiff in the lower
court. He secured a judgment for $500 as
beneficiary OF a policy of his daughter
Mrs G. NJ. Decker of Omaha. The latter
died In Omaha June 21, 1899. On the 26th
OF the previous January she had been in
itiated into the Highlanders. She per
mitted her dues to become delinquent June
g. On June Is she was taken suddenly Ill
and on June 21 at o'clock in the after
noon her physician telegraphed her father
at Aurora of her dangerous condition ana
advised that he look after her insurance
IL there was any delinquency. He went at
once and paid the dues. Three hours later
she died The local secretary tried to re-
turn the dues, but the beneficiary refused
to receive them.
The question was, did the receipt ana
acceptance by the local agent bind the
company? The courts have heretofore held
that 1t did. In this case it holds the con-
trary. The court bases its decision on the
fact that, knowing Of the dangerous Ill
ness Of his daughter. scoville did not act
in good faith in rendering the amount of
the dues when she was hopelessly ill. One
of the conditions OF reinstatement is good
health at the time of payment and the
| court holds that this is binding. 1t says:
"Oflcers Of subordinate lodges of benev-
olent societies have no authority by reason
! merely OF such office to waive any OF the
! provisions of the rules and regulations OF
! the order which enter into and form
part OF the contract OF membership.
| when one OF such rules was that after
| suspension for nonpayment of dues MEM
| ber could only be reinstated while In good
| health, the receipt of her dues for rein
| statement by the subordinate lodges sec
retary, while she was in dying condition,
was no waiver OF such requirement OF
good health"
Powers of County Boards.
An important decision defining the powers
of county boards is rendered in the case
Of j. B. Bacon against Dawes county. a
controversy arising over refusal to pay GER
tain warrants held by Bacon. The court
says:
'I.evies made for other funds cannot be
transferred by the county board to the gem
eral fund before the tax so levied has
| been collected.
/ Warrants drawn upon the general fund
| Of the county in excess OF IS per cent Of
the levy for that fund and where there
! is no money in the treasury belonging
to that fund are void.
| mo right of action accrues upon county
v arrants until there is money for their
payment in the fund upon which they are
drawn or the proper authorities have had
opportunity to provide funds to pay them
and have neglected to do So"
The court hit the county board Of Lin
! coin county hard whack. Some years ago
| It levied large tax for bridges, but be-
| fore the levy was collected, transferred
| the amount of the general fund. The Bur-
lington Railroad company paid under pro-
test 1912 OF bridge tax and then brought
suit to have it returned on the ground
that 1t was all scheme to get more
money for the general fund than the law
| allowed.
The supreme court took similar view
OF the matter holding that it was for an IL
legal and unauthorized purpose and is void.
Sued the Wrong Party.
Tom Murray will not get anything from
the city of Omaha for tearing down the
ramshackle buildings he once permitted to
adorn various sections Of the metropolis.
The court says that he sued the wrong
party; that he should have sought dam
ages from the individual members of the
building inspection board, and not from the
city Of Omaha.
1t says that It is true that the board
is appointed by the municipality, but It
derives its powers from and is a creature
OF the statues, otherwise the state. 1t
therefore follows that the city is not liable
FOR
Nor is the municipality to be held liable
on that ground that It ratified and adopted
the acts OF the board where the matters in
volved are not within the scope of the
powers conferred on IL by the charter but
are expressly conhded to the board,
Blow to Literature.
The social. literary and artistic side OF
life in Chapman, MeTrick county, was hard
hit in a decision OF the cburt Claus
Sotham was before it on the charge OF hav-
ing sold liquors without a license. It de-
| veloped that he was the steward clerk
and treasurer of a social club in that viii
lage The initiation fee was 25 cents and
! in return the member got a coupon en-
titling him to it's value in liquor. The
number OF coupons he could get at the
same figure was limited by his willingness
and ability to pay. The court says this
fact is SUFFICIENT to indicate that the clut
was not formed for the purpose claimed
The case is reversed, however, because
OF the faulty information. Instead of di.
rectly charging the crime the county at.
torney had the information recite that h,
believes and had reason to believe tha
Sotham committed the crime alleged. Tn,
court says that IL does not follow that IN,
man is guilty, but that the county attornel
believes he is.
As 10 Detectives Testimony.
Frank Fruide's conviction Of the eharg,
Of selling Polk county people intoxicanti
without having a license therefor is re
versed by the supreme court, because tn,
court below instructed the Jury that 4
should give the testimony Of detectives tn,
same weight as II did other interested wit
nesses.
Fruide's conviction was brought about
by two detectives from Lincoln, who found
him with a government license in his pos
session. He and his wife denied the
charge.
Just Legal Rhetoric.
Justice Sullivans opinions are remarka.
BILE for their cleaT-cut vigorous English
and in the decision Affirming the conviction
of William Reed OF Douglas county foI