davidaulloa/AmericanStories huggingface dataset:
Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1904-03-31
INSURANCE MILLIONS
MUST Be DISTRIBUTED

My conclusion is that if the plain.
tin company insists upon its right to
continue to issue such policies within
Wisconsin, the insurance commissioner
may lawfully revoke its license to do
business in Wisconsin"
The Legal Array.
The attorneys for the Equitable Life
Assurance society were Messrs. Wink
Ter. Flanders. Smith. Bottum & Villas
of Milwaukee. Messrs. Alexander 4
Colby of New York city and Mr.. II. w.
Chynoweth of Madison; and the attor-
neys representing the insurance com.
missioner were Atty. Gen, Sturdevant
and Julius e Roehr of Milwaukee,
Commissioned Host Pleased.
Il am exceedingly pleased" said
Insurance Commissioner Host. with
the decision of Judge Dunwiddie in the
Equitable case. | felt confident when
| rendered my decision last summer
feel confident that the supreme court
Will sustain the decision OF Judge Dun
wtddie
The Equitable Life Assurance So.
ciety has capital stock of 800, 900,
Its charter provides that it shall not
pay more than Z per cent, annual
dividend on its stock cannot un.
derstand why the company insists up.
On accommodating millions and millions
of surplus. 1t certainly belongs to the
policy holders, for the stockholders
cannot receive more than per cent
annually under any circumstances.
The word may as used in section
! 1852, Wisconsin statutes of 1898, is
certainly mandatory, SO far as the dis
trihution Of surplus in life insurance
companies annually or once in every
/ two, three, four or five years"
Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1904-03-31
Dunwiddie's Opinion.

d
ion almost entirely to an expression
upon the statute in question, holding
that it is mandatory. An appeal will
be taken. In closing his decision, Judge
Dunwidde said
Has there been practical construc-
ton of said section 1852 as permissive,
by the state insurance department,
which is now binding upon the court?
1T is contended that the issue annu-
ally by the STATE insurance. department
of licenses to the plaintiff company
and others, issuing deferred dividend
policies to do business in Wisconsin,
operates as practical construction of
said section as permissive, and as such
lis now binding.
Il cannot assent to such contention.
do not believe that the mere issue
Of licenses by the department, under
the circumstances proven. is entitled
to much, if any, consideration upon the
question of practical construction, The
effect of the restrictive character OF
the section upon the issue of deferred
dividend policies was never raised, dis.
cussed, or ruled upon The most that
can be said is, that the insurance de.
partment neglected to examine the is.
sue of such policies. Public officers
cannot nullify the force of such stat.
ute by negecting to enforce 1t.
The doctrine Of the practical con
struction only obtains in case of an
obscure doubtful statute which. of ne
cessity, has received a construction that
has been accepted and acted upon for
long period and whereby certain
rights have become vested. 1t has no
application in case OF statute which
is not doubtful or uncertain.
Section Not Obscure.
The section in question here is not
obscure doubtful or uncertain, in a
sense to bring ii within the rule OF
practical construction And the neg.
lect of the insurance department to
enforce Ii, as against deferred premium
policies was in no sense a construc.
ton And the fact that the plaintiff
company was allowed in the past to Is
sue such policies, gives it no vested
rights to coa.inue to do so.
There still remains the question
whether the deferred dividend policy
issued by the plaintiff company, is in
eontrayention Of the mandate OF sec.
ton 1852.
1T seems TO me that both in form
and in spirit it is clearly within the
prohibition Of such section 1t Is IT,
sued by a lie insurance company do.
ing business upon the principle Of mu.
tual insurance !: Il a policy by the
terms of which the policy bolder while
his policy is in force. is entitled TO
share In the surplus funds Of said com
pany. and the time when distribution
shall begin Is expressly deferred for a
period CT more than five years, to-vit,
OF ten, fifteen or twenty years.
Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1904-03-31
MIR. Host Upheld.

After hearing argument on the sub
ject Commissioner Host decided on
August /, 1903, that the statute was
mandatory and that the companies
must divide their SURPRISES as often as
once in five years.
At that time he sent notices to the
sc companies doing business in the
state, affected by the ruling that they
would divide their surplus among their
policy-holders at least once in five
years, under penalty of having their
licenses revoked
Subsequent to this action ON the part
of the insurance commissioner. the
Equitable society began iniunctional
proceedings in the Milwaukee county
circuit court asking that MI Host be
restrained from enforcing his order.
The case was transferred to the Dane
county circuit court.
Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1904-03-31
JUDGE DUNW|OD|E DECIDES FOR STATE
OFFICERS IN THE EQUITABLE CASE
LEGISLATURE Intended AND DID ENACT
A MANDATORY STATUTE
Companies Must Distribute Profits With
Policy Holders at Least Once
in Five Years

they may have accumulated annually,
or once in two, three, four or five
years, as the directors thereof may
from time to time determine. In de-
termining the amount Of the surplus
to be distributed, there shall be re-
served an amount not less than the
aggregate net value of all the outstand.
ing policies, said value to be computed
by the American experience table of
mortality with interest not exceeding
Az per cent
Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1904-03-31

IOts way WtdH HUSks
The whole controversy hinges
around the construction upon section
1862 Of the revised statutes, which
reads as follows:
Every life insurance corporation do
ing business In this state upon the
principle OF mutual insurance, or the
members OF which are entitled to share
in the surplus funds thereof, MAY
make distribution Of such surplus az
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19

Beach points are reasonable and vary
to suit the visitor. AT European hotels
and lodging houses rooms range from
25 cents to 81 a day; at restaurants
meals run from 25 to so cents, and
at the American plan hotels the
charges range from 81 day to 80 and
upward.
Dozens Of delightful side trips may
he taken from the beach into coun.
try of wild and picturesque beauty,
quiet and secluded among hills and
forest, with hunting and fishing in ma
tive haunts; to the United States life
saving stations and lighthouses, cram
berry farms, oyster beds, salmon fish.
ing grounds and canneries.
For particulars about the trip to
North Beach ask the nearest o. r. &
~ agent, or send 2 cents in stamps to
A. L. Craig, general passenger agent,
Portland, for "Restful Recreation Re
sorts" which tells all about the Co.
lumbia river summering places.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19


We are up against a falling market
and have got to fight for a market
that will pay us any profit on our
productions. Make the organization
stronger. We need your help and want
to have you with us.
Our Union Cooperative.
Our union is for our own protection
and by intelligent cooperation we
can get better rates from the trans
portation companies and from the mid
dlemen who are bound to handle more
or less of our products. If we cannot
get fair prices from the Salem can
merry we shall be driven to can our
own products or ship them to other
canneries. either of which we should
be prepared to do. Come to the next
Bring your neighbor and
learn ali about the union.
Committee for the Union.
w. o. PRICE,
GROVER HEMSELY,
H. BARTHOLOMEW.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19
Terms of Contest

In order to make this more than
an IDLE random guessing affair. The
journal proposes to place a few re-
strictions upon It. and then give alb
solutely free to the person who guess.
es nearest TO the oficial count a brand
new Mitchell bicycle, ladies' or gents
with coaster brake. Every subscrib.
er paying 30 cents for Daily or Week.
~ by mail or carrier, will be entitled
10 one guess for the wheel. Those
paying one dollar will get two guess
es' but In order to prevent strife. and
protect the legitimate guesser, it will
Dc necessary 70 deposit the original
subscription receipt in the box at
The Journal once, with your guess
written on the back OF same. Can AT
Ihe Journal ONCE and learn the par.
tAculars. and then look at the wheel
at the warehouse OF Mitchell. Lewis
4 stayer. Il is the Sest Mitchell
wheel, with coaster brake, guaran-
teed for the year. and 10 backed IN by
the Mitchell. Lewis q staver Com.
pany.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19
peafnesa Cannot Be Cured


BY local applications, as they can
not reached the diseased portion of
the ear. There is only one way to
cure deafness, and that is by constitu-
tional remedies, Deafness is caused
by an infamed condition of the mu-
cous lining of the Eustachian Tube.
When this tube is inflamed you have
a rumbling sound or imperfect hear
ing, and when IL is entirely closed,
deafness is the result, and, unless the
Inflammation can be taken out, ana
this tube restored to its natural condi-
ton, hearing will be destroyed forev-
er;nine cases out of ten are caused
by catarrh, which is nothing but an
infiamed condition of the mucous sur
faces.
We will give One Hundred Dollars
for any case of Deafness (caused by
catarrh) that cannot be cured by
Halls Catarrh Cure. Send for Circu-
lars free. F. J. CHENEY, & CO.,
Toledo, o.
Sold by Druggists, 75c.
Take Halls Family Pills for Con-
stipation.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19
|mmittee on the State of the
Union Makes a Strong
Speech
ks to Have Every Small Fruit Grower
Join in the Movement for Better
Markets

other, hence lower prices for our ber
ries.
2. Without the union we are at the
mercy of the home merchant who
knows we have no other market but
the cannery.
3. We are at the mercy of the can
merry manager who knows the city
merchant can only handle a small per
cent of our output.
4. We are at the mercy of the COM
mission men who can take the advan-
tage of us as individuals while they
would show favor to the union.
3. 1t saves much time and worry in
marketing our fruits.
g. The union can ship in car load
lots which will insure the highest pos
sible price for our fruits.
Z Other unions are getting as high
as 1925 per crate for strawberries at
the railroad station.
8. 1t insures fair market at least
for our entire output thus preventing
a glut in the market. Are you a men,
Der?
A Strong Organization.
The largest growers of this part of
the state are already backing the de-
mands of the union, and all admit
that the prices obtained in 1903 and
in 1902 were materially better than
would have been obtained but for the
fight made by the union. We have
advanced a step this year over the
past. The board of directors COM
posed Of H. w, Savage, A. Aufrance,
Grover Hemsely, j. r. Shepard AMI
VIM. Lansing have employed a secre-
-ary and manager who will for two
months devote his entire time to max
ng contracts for the union with can
leries, with commission men and with |
he retail trade. The secretary and |
manager is an experienced commission |
nan and has had some experience
WIN NohhSiiCo, dhu lhuh tue uulOH |
gets the advantage and benefit of be-
ng able to fully meet the experience
If the opposition we have to contend
With. The union last Saturday un.
voted to sustain the action
# the board of directors, and this
week our representative, Jas. NJ.
lyle, the union secretary and manager
or this year, has spent at Portland,
'acoma and Seattle in the interests
( the union product. He will return
a time to report at the regular meet
ng next Saturday, May 21, at 2 p. m,
t the Pearson-Page warehouse, South
commercial street. Come to this
leeting and let us hear from you,
ome and get next to the situation.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19
To Visit the Schools.

The following appointments Of com
rades of the G. A. r. have been made
by Post Commander Briggs, to visit
the public schools Of the city at 1:SO
p. m. on Friday, May 81, it being the
Friday preceding Memorial day.
Lincoln school-Wm. NJ. Robinson,
James Batchelder. s. B. Watkins.
Park school. H. Smith, Comrade
Drake, e. L. Briggs
East school-W. H. Byars, ]. Q
Barnes, T. G. Smith.
Central school-D. Webster, S.
Kleffman, James Fisher.
North SCHOOL,. r. Fairbanks, l..
D. Henry, A. w. Drager.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19

vhr undersigned committe on the
Ned of the union asks your cooper.
avg to make this a greater success
-, eyer. There are still many out
should be in the union and we
a n, to address them earnestly in
ny m cause of the grower of small
Il 8 Will you not join us and help
the work easier for all of us.
49, tut of the ranks of competition
A, elp us fight our battles against
bo,s rganized retailer, the cannery
ii and the commission trust. To
Tie .nr battles in these days we must
J n te trust ourselves The propo-
'tN to give us only three cents a
a for our strawberries must be
on snd can only be successfully met
ish Operation of the growers. If
din lol our issues and get the great
l'la pf the growers into the pool we
eil in great advantages
hh Appeal to Growers.
IN h.bll fruit growers, one and all are
70 dIally invited to join the union,
leh 1ome to the meeting next Satur-
Md every meeting and see and
E ht Tor yourselves what we are do
pA4k Ipf ourselves and trying to do for
az bo Ind can do for you if you will
/ ONE and join us. Some think they
sht' 8et full advantage of the union |
rot belong to it but this is a mis-
At the meetings the facts about
pnditions Of the market and the !
IRE all brought out and you can
Ford to stay away or not belong
union. The assessment has
q reduced so that new men,
ere admitted for merely nomi-
p e. Stock is $500 per share and
rst two years of the union only
eents per share expense was in
This year we have made a
b per cent assessment and re-
Y all back assessments on new
pers, so you come in for all the
IS OF the organization for S1.00.
dabble a little in the allpre-
& trust mania and get a little
for our product-merely a living
I -or consumers will be asking us
k nish the berries for nothing and
them the sugar and cream into
bargain. :
Some Additional Reasons.
lowing are some reasons why all
ruit-growers in this community /
become members of the Salem 6
Growers Union: X
we are constantly coming in COM I
lon and bidding against each {
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19

Salem census and what it will do
for you.
Everybody is Interested in the GEN.
sus that is now being taken, and in
order to promote the greatest possible
publicity for this most important
event in the recent history Of our
city, The Capital Journal has decid-
ed to give fine new bicycle to the
person guessing nearest to the num-
Der of people in our cisy, as revealed
by the new official census. 1t will
take several weeks to close the enum.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19
PoPULoR OCEAN BEACH.
Many From the Willamette Valley to
Spend Their Vacation at the
Sea Shore.

Hundreds from the Willamette val
ley spent thir vacation at North
(Long) Beach, Washington, last sum
mer, and it is safe to say that this
popular resort of the N ,rth Pacific
coast will be visited by many more
this year than ever within it's history.
The change from the valley to the sea
level opens up an entirely new realm
of scenic charms,
The trip on the Willamette and Co
lumbia rivers, out of Portland, is one
long to be remembered, the usual heat
of a summer afternoon, being tenn
pered by a gentle breeze freighted
with the aroma of pine trees and sea-
soned with salt air. The scenery in
.cludes much that is beautiful. Leav-
ing Portland on one of the Oregon
Railroad & Navigation company's pala-
tial river steamers (the T. j. Potter
being queen of river fiyers), the ex
cursionist is CARED through its har-
Dor where fly the flags of many ma
tions. The 70 miles on the william
ette river quickly made, and after
saluting the government lighthouse,
marking the junction of the two
rivers, the boat swings into the Col
lumbia for the trip down stream. The
morning is clear Generally so from
June until September), and a magni.
fcent and inspiring sight meets the
eye as the sweep around the bend Is
made-five snow-capped peaks, Mount
Hood, Mount Adams, Mount st. Helen
Mount Rainier and Mount jefferson.
looming into yiew--a sight worth
travelling thousands of miles to see
On down the picturesque river, past
villages, sawmills. fishing fleets, sal.
mon canneries, perpendicular basaltic
bluffs, and pretty sidehill farms. the
boat pursues its way. The majestic
sweep of the river is awe-inspiring.
Gradually the shores grow farther
apart, and, scarcely realizing that the
hve hours have been consumed in
making the trip, the boat steams
alongside the wharf at Astoria.
One hour from Astoria, through the
famous fishing waters of the Columbia
past scores OF salmon traps and nets
and as many phlte-winged fish boats
lands the passengers at lwaco, on
Bakers bay, where connection for
beach points is made with trains OF
The llwaco Railway & Navigation com.
Dany, whose cars stand on the wharf
Awaiting the steamer. North Beach
At low tide is from 200 to 400 feet
vide, 20 miles long and SO compact
nat carriage or wagon scarcely
caves trace upon it. Scattered along
ne beach are hundreds Of cottages
md hotels in which summer life Is
IN unceasing round OF pleasure from
he opening until the closing Of the
season. The much dreaded resort
mosquito" is unknown. and no venem-
'us snakes or insects are found. The
thermometer rarely goes above so de-
'rees In July or August. but light over.
oats, nres morning and evening and
'lankets at night are comfortable dur.
he season. |,
Ratea for aceor.r.,oa 49,. =. -. !
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19
Rlckreall Needs Rain.

C. N. Macarthur, of Rickreall, was
in the city yesterday. He says that
his section of the country was missed
by the rains Of the last few days, and
that shower would be a welcome
visitor. Crops are looking well, and
politics are making a healthy growth.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19

"Pat" is one Of the young war horses
of Polk county, and is grandson OF
ex-Congressman Nesmith and o son
of Judge McArthur;Q the hereditary
taste for the game comes natural with
him
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19
Attentinn. Nalnhhors.

The members of Silver Bell Circle
are requested to meet at their hall
tomorrow (Friday) at 1890 to attend,
in a body, the funeral Of Neighbor
Wendell. C. BUSHNELL, G., N.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-19

Grafton and compilation, and during
this time The Journal will give re-
ports from day to day of the progress
OF the work. and the probable results.
From these the reader can draw con-
clusions, and make a close guess.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-09-08
WOMAN DETECTIVE HERE.
Said to Be Working on Charlottesville
Murder Case.

A female detective attached to an out-oi-
town detective agency is in Washington
working on the case of Mrs. Fannie Nc
Cue. wife of former Mayor j. Samuel NC
Cue of Charlottesville, Va. who Is alleged
to have been murdered at the home OF her
husband in that city Sunday night last. AS
stated in the newspaper dispatches this
morning, the former mayor was arrested
last night accused Of the murder of his
wife, and it is thought that the detective Is
here for the purpose of collecting possible
evidence against McCue. She arrived yes
terday and visited Captain Boardman at
police headquarters. who detailed one of
his men to assist her in her work while
she is in this city.
The detective is going about in the guise
of a newspaper correspondent in an effort
to conceal her identity. and the officials at
police headquarters today would say moth
ing regarding her movements or why she
was here beyond admitting that they I'M
derstood she was in the city. According to
dispatches eeceived here. McCue was In
this city and only returned to his home In
Charlottesville the day of the tragedy. 1t
is not known how long he in Wash
ington, but it is thought that the female
detective is here for the purpose of ascer-
tanning what his movements were during
his visit.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-09-08

dress before the meeting of democratic
editors. in which it was supposed he would
point the way for the campaign all over
the country, stuck closely to the issue OF
non-action on the part of the party to be
headed, If not led, by judge whose per-
sonality is declared to especially fit him
for the dignities of the White House.
Mr.. Watterson again laid stress upon the
proposition which he had formerly sug-
gested to republicans as a reason why they
should vote for Judge Parker to the effect
able to do anything displeasing to the re-
publicans whatever their desire might be.
Of these two propositions for the cam
paign the suggestion of Mr.. Pulitzer Is TAX
ing hold of democrats here as one worthy
of serious thought. Many of them believed
until recently that in some way Judge
Parker would play the part of leader
ii 1t was only by going into the campaign
n aking short non-cOmmittal speeches aid
shaking hands with the people. His decision
rot to do that was a sad disappointment
for them. and now that 1t has been pro
posed by high authority in the party that
he become a real and aggressive leader
they have become greatly interested to
learn whether he can be induced to follow
that advice
If he declines to take the lead in the
campaign by getting out In such way
that he can see the people. they hope ne
will at least take an aggressive stand IN
his letter of acceptance. They assert that
it is impossible to get up political enthu-
siasm by telling the voters what their can
he should wish to do anything In oppose
ton to republican policies he could rot IN
view of the way the United States Senate
is constituted.