Omaha daily bee., 1903-04-24

&is9J4216. Mcdonald brought suit for &c.
600. with interest. and this was granted him
by the district court.
The Modern Woodmen. along with other
mutual beneficiary organizations, is handed
a rather warm bunch Of criticism In an
opinion written by Commissioner Ames In
which he denies a rehearing and adheres
to the former judgment Of the court in the
case Of Coleman against the Modern Wood
men. from Cass county. Asa Coleman was
a member OF the Woodmen for some years.
but a few months before HE death changed
his occupation to one coming within the
prohibition Of the order. Under the rules
Of The order he should have filed a waiver
OF claim for benefits under his certificate.
He did not do so, nor did the local clerk
require him to do so. The head camp kept
on receiving his money each month with
out protest, but after hfs death the claim
was set up Of nonliabiuty. The supreme
court held that the certificate should be
paid.
Here's where the court reaches after the
beneficiary associations: at is insisted
that as these are mutual benevolent asso-
Citations they should not be held to the
same strict rules as respects forfeitures
and waiver as apply TO regular insurance
companies. This consideration would ap-
peal with greater force IL the principles
Of mutually and benevolence we're more
frequently applied to holders Of certificates
and were more uniformly regarded by the
associations as being applicable to and in
GLIDING the persons named as benehciaries.
A charitable organization which collects its
funds with avidity, but is astute in finding
excuses for not bestowing them on the des-
ignated objects of its bounty, is not en-
titled TO exclusive or special consideration
at the hands OF the courts. The enormous
volume of litigations with which these as
sociations have flooded the country and the
extremely technical character Of their de-
lenses, in many cases, to actions upon ben
ehciary certificates, are sufficient
airy on the appeal for tender consideration
by the Judiciary. They are to all 1ntents
and purposes mutual life insurance COM
panies and are governed by the general rules
OF law applicable to such companies
Mandamus Cannot Control.
The Union Fuel company lost its case
to compel the City Council to award It the
contract for selling coal to the water
department. The council awarded this con-
tract to the Whitebreast company, al
though the bids submitted showed that the
Union people offered to furnish Rich Hill
coal for $2.1o. while the whitebreast bid
was $2.15 for Cleveland nut mixture.
The court says that mandamus will not
lie to compel an inferior board or tribunal
TO do an act in the performahce Of which
discretion or judgment is required to be
exercised. That mandamys will not lie to
compel the award of a contract to supply
coal to a city water department to a bidder
on the ground that he is the lowest and
best bidder. as in passing on the question
of who is the lowest and best bidder the
council exercises a discretion that Cannot
be controlled by mandamus.
District Judges Independent. .
A question of more particular interest
to lawyers and judges is decided by the SUI
preme court in the case of Parker, admin
i~strator. against Well, from Lancaster
county. 1t is a radical departure for the
court, 80 radical hat Commissioner AL
berts took occasion to object strenuously
to. its PRONUNCIATION.
1t has long been a question with lawyers
and courts as to how far a Judge should
go In overturnirg a jury's verdict. Should
he take the ground because he believes the
Jury has not done substantial Justice that
a new trial should be given and go on do
ing so until a verdict is rendered in ac-
cordance with his idea Of the right? 1t
has been contended that this is an invasion
Of the rights OF jtries,1 but the supreme
court does not take this view.
1t declares that the district court ought
to grant new trials when It appears that a
substantial Justice has lot been done be-
tween the parties. The rule acted upon by
the supreme court that it will not interfere
where the trial court overruled a motion
for a new trial on the ground Of the in
suficiency of conflicting testimony does
not apply, says this decision, to the dis
trict courts. These should be independent
and exercise their power without restraint
from the rules governing appellate tri-
bunals, taking care not to invade the
legitimate province Of the jury.
!, Company Must Pay Damages.
The new Thomson Houston Electric
Lighting company OF Omaha is ordered by
the supreme court to pay Mrs. Anna Den
4 the verdict she recovered for the death o.
her husband, a lineman, August 2, 1900
4 The evidence showed that the very day b,
went to work for the company he wal
a killed. He went up a pole and while a
4 work on one wire with steel or iron plierI
his elbow came In contact with a live wir,
= from which the insulation had fallen. Tn,
I company insisted that he assumed the ordi
nary risks Of his employment. but the cour
says this does not relieve an employer from
taking due 'precaution for the safety of hi
. men. The evidence showed that in place
the insulation hung In strips from the wires
= being old and rotten, and in this particular
q place It was knocked OF by the agitation
Of the wire.
Indians as Heirs.
n Another pronouncement OF the court Of
y the question OF whether Indians lnheri
: under the state law OF descent Is made Il
g the case Of Harrison McCauley against Edit
d Tyndall. The court says that the widow o
an Indian ~allottee dying before the issu
ance of the final patent to his land an
without issue. takes a life estate in tn
n allotment to her husband, the remainde
"a going to his father. The law OF descen
g was held at the last term to apply to In
dams as well as whites. but In that cas-
the widow received all, because she was tn
h heir OF a deceased daughter. who inherite
IN