Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-11-30
LIFE IN The NEBRASKA LAW
Judge Mcpherson Rendered Similar De-
osion here TO Iowa Case.
SOME TALK Of RE0PeNlNG THE CASE
Report of Democratic Committee
shows IL Expended Only Three
Hundred sixteen Dollars
in Campaign.
SOME TALK OF REoPENNe THE CASE
OFrom a STAN Correspondent


LINCOLN. Nov. 29-(Special. )-Insurance
Deputy Pierce Of the state auditors ONCE
believes that the decision of the United
States supreme court sustaining the Iowa
statute against insurance compacts will
establish the validity Of the Nebraska en-
actment of 1897, which was held to be I'M
constitutional in 1901 by Judge Mcpherson,
whose decision with reference to the Iowa
law has just been reversed.
The scope of the two acts is much the
same. The decision in the Nebraska case
covered the main points touched in the
Iowa case, the interference with the free
dom OF contract, guaranteed by the United
States constitution. The principal objec-
tions urged by Judge Mcpherson to the
Nebraska act was in it's attempt to pre-
vent compacts as to agents commissions
and methods Of transacting business. That
is also the principal point discussed in his
opinion In the Iowa case.
The Nebraska decision was rendered in
1901 and carried with 1t a permanent in
junction, restraining the auditor Of state
from enforcing the provisions of the act.
The suit was brought against John F. Cor
neil, who was then. in that ONCE The
Niagara Insurance company was the plain
tiff, but several other large fire insurance
companies were interested in the suit. In
the petition ii was alleged that the en-
forcement Of the act would deprive the
companies of the valuable business which
they had built up since coming into the
state and II was charged that only through
the use of the equity power Of the court
in the issuance OF an injunction could ire
parable injury be prevented. The Iowa
case, that Of the Greenwich Fire 1nsur-
ance Company against Auditor Carroll
took the same course.
The Nebraska act which Pierce proposes.
with the aid of the attorney general, to re-
vive provides:
ANY combination or agreement made or
entered into between two or more fire IN
surance companies insurtng properly
acting business within this state, or be-
tween the officers, agents or employees OF
charged for insurance, the amount OF COM
missions to be allowed agents for procuring
INSURANCE or the manner OF transactlng the
business of FIRE insurance within TINS state,
is hereby declared to be unlawful ana any
such company, officer or agent violating
this provision shall be guilty OF a m mis aD,,
court having jurisdiction. shall pay a
penalty of not less than 500 nor more than
$500 for each offense, to be recovered Tor
the use of the permanent school fund in the
name Of the state.
The same act contains a provision re-
curing the auditor to bring before him
persons suspected of violations of the act
and to investigate complaints made by two
or more residents. In the event that any
company is found guilty OF the practices
prohibited by the statute, the auditor is re-
quired to revoke the license and the erring
concern is not to be permitted to do busi-
ness in the state within a year from the
| time OF revocation.
Provision is made for an appeal from the
decision of the auditor to the district court
and the statements OF persons under ex-
animation by the auditor are not to be used
| against them in criminal prosecutions.
Democratic Campaign Cheap.
The democratic state judicial campaign
cost the sum OF 1916, according to the sworn
statement OF Chairman Allen, acting treas
urer of the state central committe. The
statement has been filed in the ONCE of
County Clerk Walt Dawson. The expendi-
ture was exactly 81 more than the receipts,
which came from collections and donations
of the faithful p. E. McF<illip proved his
| loyalty by contributing the largest sum,
| 500. while Judge Hastings staked $75 on his
chance of success against Judge Letton.
| Louis Lightner a candidate for regent, con-
tributed S25 but Cole, the other candidate.
gave nothing.
The biggest single expenditure was for
postage, $1s7 worth of that commodity hav-
ing been used in the literary campaign. The
bill for stenographic services was only S39 80
indicating the use of much printed matter.
The officials received no salaries.
| The itemized statement follows: