Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-12-06
DECISION ON EXTRA SESSION
Governor Announces He Win Make State
msnt in q Pew Days.
DEBt Oven TWO AND A QUARTER MILLION
Attorney General Brown Thinks
Junlrin Antitrust Act Amply
Broad Enough TO Reach
Insurance Combine.
tFrom a stan correspondent.,


LINCOLN, Neb.. Dec. 5.-(Special Tele-
gram.)-Governor Mickey tonight said that
in a day or two he would give out a state
inent showing his position on an extra ses-
sion OF the legislature. He intlmated he
will be opposed to Issuing call.
state Debt Figures.
State Treasurer Mortensen tonight made
a statement showing the condition Of the
state debt:
General fund warrants held as in
vestment by state. 81 1873, 467. Il
Warrants outstanding in the
hands OF the public. ............. 2f2, ST.. 90
Total floating debt of the state
December ], 19O6.....,.,...,...... 1850, $50. 80
The same figures for December l. 1903.
were s2.a6aT7za. showing net Increase
OF the debt In two years of S117 ,SO3.29. Be
tween December, 1903, and December. 1904,
the treasurer's figures show a reduction of
the debt by approximately $4,000. and from
December, 1904. to December. 1906. the leg
islative year. an increase of S127 5es.Gs,
leaving the net increase for the two years
S117.eOs29.
d. E. Thompson, United States minister
TO Brazil. returned to LINCOLN tonight.
Junkin Act Fits Insurance.
Attorney General Brown said today that
the Junkin antitrust law, passed at the
recent session Of the legislature, undoubt-
eddy applies to insurance combines and
compacts so that the question as to the
effect of the recent decision of the United
States supreme court in the Iowa cage on
the anti-compact statute of 1897 is not of
such great moment.
He has not yet had time to consider
whether he viii ask the United States SUI
preme court for an order resuscitating the
dial ~ rs-t,g 1n, =.
by Judge Mcpherson in 1901. The points
on which Judge Mcpherson ruled were
much the same as those involved in the
Iowa case, in which he also rendered the
opinion. In both the judges denied the
right OF the legislature to enact laws in
terfering with the freedom of contract
between insurers, especially as regards
agents commissions and the manner of
doing business. Since the Iowa decision
was rendered the suggestion has been
made that the effect of 1t would be to re-
vive the Nebraska act, although for some
unexplained reason Attorney General
Prout, who was then in office, failed to
take an appeal to the United States su-
preme court. Attorney General Brown
was the deputy attorney general at that
time and prepared the briefs in the case,
but he does not recall why the case was
not taken up on appeal
As the matter stands, the ruling of Nc
Pherson has been held to be wrong but
the state took no, appeal and there is a
question as TO the method of procedure
required TO revive the act. One view of
the situation is that the failure to appeal
destroyed the vitality OF the enactment,
while another is that the attorney general
may ask the supreme court to make an
order permitting the question as to the
Nebraska enactment to 2be raised once
more go 81
Mr.. Brown takes the view that the Junkin
law has aswides enough scope to make II
specIafadt w dsf be- More expeditions. No
evidence OF Insurance compacts has been
brought to his attention, but should he
learn that the provisions of the Junkin
act are being violated by the insurers he
will take the proper steps to insure the
enforcement OF the law.
Grain Trust Case to he Submitted.
Today the supreme court, which assem-
bled for the regular sitting, marked the
case OF the state against the grain dealers
and the Nebraska Grain Dealers associa-
ton for argument, and it will be taken
up at O'Clock in the morning. The case
Is now pending on the demurrer of the
grain dealers, who question the right of the
state to proceed by the way of Injunction
process, instead OF in the criminal courts
The validity of the statutes. applying to
the case, is also questioned. the allegation
being made that the Junkin law, which
went into eject July !, operated to repeal
AL Of the existing legislation under which