Omaha daily bee., 1903-04-11
jean COLLECT IN ADVANCE
Attorney General Renders Opinion Of
Inter.ss to Mutual Insurers
POLICE PURSUE NUDE INSANE MAN
state Teachers' Association win Meet
for Next Session I'm Des Moines-
Big Damage Verdict is
Amrmed.
(From a STAN Correspondent.)

companies organized as mutual assessment
concerns to collect the FIRST years assess
ment at the time Of issuing the certificate.
He holds that they may make such col
lection. and this is in accord with the
holding of the state insurance depart
ment. The question was brought out as the
result Of an opinion rendered by him in
December to the effect that such companies
cannot collect contingent fees In advance
but only policy and survey fees. Most Of
the mutuals doing business in the state
had been collecting contingent fees also.
A committee was appointed to consult with
the attorney general and secure either a
reversal of the ruling or a modification.
The attorney general has now decided that
while there is no question about the H.
legality Of contingent fees there is nothing
to prevent the collection of one years as
easements at the time of Issuing the policy
or certificate. This will satisfy the mu-
tuals. Without such a ruling 1t was re-
sarded as certain that many Of the COM
panies would have to go out Of business in
Iowa. A meeting is to be held here to-
pmorrow to consider the changes in plan
Of organization OF these companies in the
state to conform to the laws as they are
now interpreted.
Freak of n Grassy Man.
Frank Hilton. a young man about 21
years old, came from Fort Dodge last night
and registered at the Chicago house, a
small hotel In Des Moines. He was sent
to his room. About 4 o'clock this morning
he stole out Of the hotel without a stitch
Of clothing on him and started %northward.
The hotel clerk was notified and he called
for the police. A driving rain had Just
commenced falling. The officers followed
Hilton about two miles to the outskirts of
the city when they gave up the chase.
Hilton ran swiftly through the rain, de-
spite the fact that his bare feet we're soon
bleeding. He continued his way to Ankeny,
twelve miles northeast, where he was ar
rested by the town marshal and returned
TO the city by the sherih's officers. No
explanation can be made for his sudden
insanity. He was completely exhausted
when he arrived in Ankeny and sank down
under a bench at the Great Western depot.
No Guards mt Farm Crossings.
The Iowa railroad commissioners have
decided that in ordering farm crossings this
does not mean that the railroad companies
shall put in cattle guards and wing fences
so that the road crossing shall be open aud
free for cattle to pass at all times. Sew
eral cases were brought before the COIN
" Ah1CRah NOuhNN III IlCn IL
was c~ontended that the crossing contem-
plated in the law was one which would
not make gates necessary. The commits
sioners found that to compel the railroads
to put in the guards and fences would be
a very expensive matter for them and that
the ordinary crossing with gates is all that
the commission may order placed in for
farm crossings. To have ruled otherwise
would have proved very costly for the
companies.
School Case Is Decided.
Some important matters relating to the
Iowa statutes for forming new school dis
tricts were disposed of by the supreme
court today along with many other decis-
ions. The case was one from Story county,
where an Independent district had been
formed at the new town of Kelley out of
parts Of two townships, including a sub
district on one side and an Independent
district on the other. The residents of the
old independent district fought the case
through, going to the county superintend-
ent, then to the state superintendent, then
to the district court and the supreme court,
and they were beaten all the way. OBJ
lection was made that the old independent
district would be left with less than four
sections Of land, but the court holds this
was not a vital objection, though the laws
provide that no independent district can
be formed of less thar four sections. There
was also the objection strongly urged that
a new independent district could not be
formed out OF part OF an old one, but this
was found to be no serious objection. The
case was affirmed and the Kelley district
remains intact.
Big Damage Case.
The big damage case Of Perry against
Clarke County was affirmed. Perry met
with a terrible accident. He ran a traction
engine upon a bridge which broke and threw
him into the mud, where he remained for
hours buried under the boiler. with steam
burning him, and he called for a saw with
which he cut OF his own leg and so re-
leased himself, such was his agony. He
presented a bill for SIS. 900, and on trial got
a heavy judgment, which was today az
hrmed.
In the case OF Lutz against Anchor Fire
Insurance Company. from Buchanan county.
an interesting question of fact was at issue.
The plaintiff had taken out other insurance
after this policy and the company in defeat
Of the claim insisted that he had not given
them notice. The court reached the con-
clusion that the notice had been sent just
a few days before the FIRE loss and that
the notice was sent back to the insured in
an envelope in which he had forwarded the
notice Of loss. The judgment on the policy
was affirmed.
May Employ His Wife.
County Recorder Allen Of Adams county
had a suit for extra compensation for help
in his office and secured a judgment against
the county for S536.25. The supreme court
today reduced this to SAL. because the bills
for a part Of the time were not rendered
quarterly. as required by law. As TO the
objection thai the county recorder employed
his wife and there was no evidence he had
compensated her, the court holds he does
not have to give an account Of how he ex-
pended the money for extra services, 80 the
service was rendered.
In the case OF Selensky against Chicago
Great Western, a question arose as to the
Importance Of evidence 70 the effect that a
whistle was not blown as against evidence
that persons heard II. The court holds
that a positive statement OF one who was
listening that he did not hear the whistle
is as much direct testimony as OF one who
stated that he heard the alarm.
Court Decisions.
The following were the decisions rendered
by the court today:
Daniel and Guy Leonard. appellants,
against A. b. Wakeman, Taylor county,
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