Omaha daily bee., 1902-05-24
Building and Loan Company Must Matur
Stock as Promised.
GRAND ARMY MEN ALL RETURN HOME
Iowa Farmers Complain of Too Much
Rain and that Planting and Gull
tivntinE Is Delayed
Thereby.
(From a stan Correspondent

was the case Of Elizabeth Field against
the Eastern Building and Loan association.
She had become a stakeholder to the amount
of 1--WE shares Of stock Of 500 each. The
contract stipulated that in seventy-eight
months the stock would mature on pay
ments OF rs cents a month.
The plaintiff lived up to her part OF the
agreement, but when she attempted to re-
cover the amount of the stock she was In
formed that the estimate was wrong and
that she would have to continue payments
II she desired to mature the stock. Many
questions were raised in the trial, but the
court devotes greatest attention to the con-
tract, it states hat the contract was not
an informal, hastily prepared memorandum,
but a part Of a carefully devised plan OF
business. THE great body Of the patrons
Of such associations is made up Of men
and women Of limited experience" says
Justice Weaver in the opinion. Not one in
a hundred of them, though Of fair average
intelligence and caution, would put upon
the contract any other construction than
the plaintiff did"
A determined stand has been taken by the
court on questions of reputation Of con-
tracts of this character. The opinion says;
1T is repugnant to the very accepted def
hlN-Oh vi NOhIA Nhdi PnANs phoA bS
clothed with a right to repudiate its obli-
cation in whole or part while holding the
other in strict compliance with its terms.
There is nothing In the nature or organ
ization Of the defendant which can or ought
to relieve 1t from the performance OF It's
contracts. The fact, II 1t be a fact, that in
the end 1t may not be able to pay the
claims Of other members is a matter we
cannot consider. We are not charged with
the duty Of winding up the affairs Of the
corporation or settling the rights Of mem
bers upon a final distribution Of its assets
II any. Our only duty at this time is to
construe the contract on which suit is
brought and to enforce 1t accordingly. The
action is held maintainable."
Cases Decided.
The opinions handed down were:
Elizabeth Field against Eastern Building
and Loan Association, appellant; Pottawat-
TAME county, Judge Green; action on GER
tincate of stock; affirmed; opinion by
Marcia A. Gill against Chicago & North
western Railway. Company, appellant; Polk
possession of land; affirmed; opinion by
Sherwin.
s: r: and I; c. Mcconnell, appellants,
against d. B.. Avery ct al; Kossuth county,
Judge Quarter; appeal from modification
Of a decree; afArmedi opinion by Deemer.
NIT; appeal from Jefferson county, Judge
Eichelberger; reversed opinion by Ladd.
r. 'a sessrt sh sss sos sRRsllSn n5rs as ghnst John y
ton to recover possession of land; affirmed;
opinion by McClain.
State against Eliza Booker, appellant;
Wapello county, Judge Eichelberger; af-
hrmed; opinion, per curtain.
Oscar C0Tneil against Isabelle Roda-
Fee; to compel performance of contract;
affirmed; opinion by Waterman.
New Corporations.
Only one new corporation fled articles
today, that Of the MEANWHILE Telephone
company of MEANWHILE. Adams county, with
a capital Of 10000. by R, H. Gregory and
others.
The governor has paroled Alfred Larson
Of Mitchell county, who was convicted OF
stealing a horse. 1t was represented that
Larson committed the act when he was
drunk and was not responsible for his
crime.
Grand Army Men Go Home.
John Lindt, the new department COM
mander Of the lows Grand Army of the Re-
public. returned to Council Bluffs this
morning, after all the work Of the encamp-
ment had been attended to. He will re-
turn in a few days and issue his first order
and name his aides. George A. Newman
Of Cedar Falls continues as assistant ad-
jutant general.
Practically all who had been attending
the meeting Of the Grand Army Of the Re-
public and kindred bodies have returned
to their homes. Not one Of the visitors
was injured or became Ill or got into any
trouble, and the week, considering the
large number Of persons present, was re-
garded as one especially fortunate In Des
Moines.
The last few days there has been an I'M
usual fall OF rain in Iowa. The local
weather station reports the fall of rain
last night to amount to 1.02 inch, which
brought the total fall for the month Of May
to All inches, which is above the normal.
The rain continued falling during the day
and reports indicate that the rainfall is
general over Iowa. In the northwestern
part OF the state heavy rains have been re-
ported all week and the farmers say that
the ground Is entirely too wet either for
planting corn or cultivating 1t and that
the weeds are getting a big start on the
crops. Injury to gardens and orchards is
also great.
Iowa Mineral Output.
Prof. S. W. Boyer. assistant to the state
geologist, in his annua report on the min
VIA ototi9liVs oi iowa says.
The year 1901 shows a splendid increase
IN mineral production for Iowa over pre-
ceding years. both in quantity and price.
This Increase is not confined TO any one
department., but every department., save
Ior lead and zinc, shared in the prosperity.
Coal alone shows an advance in total
value OF over 100000, or a net increase OF
about Is per cent. Clay shows almost the
same percentage OF increase, while the
value OF stone advanced 80 per cent and
the iron ore production more than double.
Inc statistlcs FOR. gypsum were not COM
plete Ior ISO, and comparisons cannot be
made IN detail The output for 1901, how
ever SHOWS a fair Increase over 1900. The
total number Of producers increased about
o per cent chiefly due to the more com-
pete returns from the stone producers
Mzai.6lO, that OF the clay products 81, IA
zoo, limestone 1915, 7eS, crushed stone Si92, 21
bridge stone S9.SO9. blast furnace hux $3.50,
sandstone tl3,O96 and other items s., 3s. The
zinc INDUSTRY has declined and the value
OF the product last year was S16.500/
Van HOuten to Go TO Alaska.
II Is learned here that through the in
nuenee OF Secretary Shaw. George II. Van
Houten OF Lenox, Taylor county, will soo1
receive an appointment IN the government
service that will take him to Alaska.
A series Of suits and processes involving
the Waterbury Chemical company Of this
city have Just been settled out OF court
They arose over a New Jersey corporation