Valentine Democrat. (Valentine, Neb.) 1900-1930, 1905-10-19
&&IAy}BSfhuq
l1m9s,es'e9sIhsyVi1E1I.

The recent decision of the supreme
court in the case of the Bankers Union
of the World against Searle, has raised
some doubt as to the power of the auditor
to revoke the license of an insurance
company That would interfere with any
action in the case of the three big New
I York companies which are being investi-
! gated when the work of the committee is
concluded, but it is pointed out that he
can refuse to issue Il new license at the
+ end of the year, if dissatisfied with the
/ methods employed and with the officials
J of those corporations. That would mean
a delay of not more than two months, il
/ he chooses to act. The present licenses
expire with the first of the year and it is
discretionary with the auditor whether
he will issue new ones until the compa-
MES comply with any conditions which
he may prescribe in the interests of the
policy holders The decision in the
| Bankers Union case leaves the right Of
revocation in the case of fraternal COM
panies, because it may extend to old line
companies, because of the absence of any
express statute authorizing such action.
The court seemingly, provides for such
situation in its holding that the auditor
had very broad discretion in passing on
an application for a license.
Saturday Victor Blue. Kansas farm
er, called on Gov. Mickey to return to
him his foster daughter. Bertha Blue,
who was placed in the Home for the
Friendless more than a year ago, and is
now in the custody of respectable fam
lily, the name of which is known only to
4 Ion Of h.. ,t,rtin
Blue has employed an attorney, and there
has been some talk of habeas corpus pro-
ceedings against the superintendent of the
Home for the Friendless. Mrs. Johnson.
lie contends that the child was placed in
the home as q boarder and that he had
not intended to surrender his right to her.
He says that she was there about a
month when the superintendent placed
her with the family in which she is now
held. The state officials are trying to de-
termine whether or not in placing the girl
in the home he gave her up to he Il ward
of the state.
The friends of Elmer j. Russell,
Boone County man, who has served two
of ten years sentence for incest, have
filed numerous affdavits and statements
with Gov. Mickey in support of an appli-
cation for Il pardon i'll which they alege
that he was convicted i'll pursuance of a
conspiracy between the wife and the
daughter, Nora Russell, the complainant,
10 get rid of him i'll order that his prop
erty might be enjoyed by the family and
the wife and mother left free to con-
tinue her lason with Il man named Phar-
melee, with whom she is alleged to be liv-
ing in Oklahoma. Such persons as Sher-
iff Loran Clark and seven members OF
the jury which convicted Russell now as
that her husband was not guilty and that
sure the governor that the wife had said
it was planned to get rid of him.
Attorney Norris Brown says that he be-
ieves the best method OF coping with the
evils which have been exposed in the New
York investigation is for congress to en-
act maximum rate law. based on rea-
sonable calculations as to the average eX-
pectancy and rates of interest. He says
that the insurance corporations are quasi
public i'll their nature and they are SUBJ
iect to control to prevent the eXactIon of
undue rates, instancing the proposal to
require the use of uniform or standard
policy as a precedent for state interior
ence with the freedom Of contract be.
tween the insured and the insurer He
does not believe in the idea Of state in
surance suggested by Commissioner Host,
of Wisconsin, and Gov. Folk, of Missouri.
An application for a pardon has been
made by the friends and relatives of John
Bailey, young Omaha boy, serving u
three-year sentence for snatching Il wOm-
ans purse. 1t is alleged by his brother,
who resides at Audubon. Ia, that the boy
was not guilty, but that he sought TO save
his mother from the knowledge of his
trouble by confessing his guilt, supposing
that he would be given Jail sentence,
of which she would learn nothing He
did not have Il lawyer. The court i'm
posed the minimum sentence. which was
three years in the penitentiary, and the
young man has several months of the
sentence left.
The case Of John Alperson against
Michael Walker, in which Alperson, a to-
bacconist of Omaha. secured writ of ha-
beas corpus after having been arrested
for giving away material for cigarettes,
was ordered submitted to the supreme
court Wednesday. The case was decided
in his favor in the lower court on the
ground that the title Of the act passed by
the last legislature referred simply 10 the
sale Of cigarettes and not to the giving.
where it sought to impose the penalty for
giving was too broad for the title AMI
The court held that the body Of the ace
was, therefore. Ineffective.
Auditor E. NJ. Searle, who is head Of
the state insurance department, stated
Friday that he will take no action with
to the three big New York
until the legislative investiga-
ton is completed when he will deter
mine whether or not they can be permit
ted to do business in the state with the
present official personnel, subject as IL
IS to grave charges. He has no desire to
act hastily and will give the matter thor.
ough consideration at what he deems the