Omaha daily bee., 1905-11-28
ANTI.COaPACT LAW VALID
Judge Mcpherson Is Reversed in Iowa
Insurance Case,
CONGRESSMAN POLLARD IS DISAPPOINTED
Member from the First Discovers that
Road to Good Committee Places
Is Hard One to
Travel.
(From a San CorrespondentO

gram.)-A decision of far-reaching inn
portance was handed down today by the
supreme court affirming the constitution
ality of an Iowa state law, passed in 1896,
prohibiting insurance companies from en-
tering into an agreement to fix rates OF
Insurance or amount of commissions to be
paid to agents. The case came up from the
circuit court for the southern district Of
Iowa, presided over by Judge Mcpherson.
which is reversed
The case decided today is that of Beryl
f. Carroll auditor of state of Iowa, against
the Greenwich Insurance company of New
York and others. In the suit, instituted by
the insurance company, IL was asked that
the auditor Of state of Iowa be perpetuallY
enjoned from commencing proceedings
against the fire insurance companies under
the terms of the law. Under the general
law the auditor Is empowered to proceed
against companies violating the express
provisions of the act and should the com
panes refuse to comply with the request
OF the auditor as to alleged violations of
the statute then he is empowered to re-
woke the authority Of the companies to do
business within the state OF Iowa. The
Greenwich company and five others, all
foreign companies sought to have sections
declared invalid on the ground that they
infringe and violate certain provisions of
the constitution of Iowa and also section
10. article Of the constitution of the
United States as we'll as article xiv of the
amendments to the constitution. In an
opinion by Justice Holmes today the SUI
preme court reversed the court below and
sustained the constitutonality of the Iowa
law.
Pollard Fails to Land.
Congressman Pollard is rapidly learning
the ways of members of the lower house.
Today he had his first seance with Mr..
Cannon who will be the next speaker of
the house, largely to talk over the subject
Of committee assignments Mr.. Pollard is
young, active and virile and If there are
any good things to be had for the First Ne
braska district and the state he wants to
get his share The talk with Speaker Can
non. however. was not productive of that
peace Of mind Mr.. Pollard had anticipated.
In fact che speaker told Mr.. Pollard that
he had better amend his wishes as to COM
mittee assignments and bring them within
the possibilities. Mr.. Pollard modestly
asked for a place on the committee on
agriculture but Uncle Joe" showed him
there were no vacancies on the republican
side Of the committee, that custom war
ranted the re-appointment of those on the
committee unless they personally desired
other assignments Mr. Pollard will begin
a systematic study of committee places now
that he has had n heart-to-heart talk with
the speaker with view Of getting the best
committee position possible. The congress-
man from the First district is frank enough
to say that he never reasoned what
scramble it is to get good committee places
on the part OF new men. He has courage,
however and nothing daunted will see
Uncle Joe" in few days with some new
thoughts.
No Increase In Deposits
The First National bank of Beatrice
wanted to increase its government deposits
from $4,000 to $4,000 and asked Senator
Millard to look after the matter. The
senator saw Secretary Shaw and was told
that It could not be done. No reason was
assigned except that quite 200 National
banks had asked for the same increase and
all had been refused. 1t is understood that
the secretary believes the treasury should
go slow in permitting National banks to
increase their government deposits on the
theory that il the government should need
the money for any emergency IL should be
Immediately available.
place for Judge Van OrsdeL
Senator Warren OF Wyoming. who ar
rived here last evening, was at the Dc
partment of Justice in behalf of Judge J.
A Van Orsdel of the Wyoming supreme
bench. who has been an applicant for a
federal position In that department. As a
result Senator Warren sent a message to
Van Orsdel this evening notifying him that
Il had been decided to appoint him United
States attorney for the court of claims to
succeed Louis A, Pradt OF Wisconsin, who
has rendered his resignation to engage in
private practice. Mr.. Pradts resignation
will go into effect February /. The position
is worth 5000 a year
Postal Matters.
Rural carriers appointed; Nebraska,
Clatonia, route No. l. Arthur c. Kloep-
per, carrier: Lewis Kloepper, substi-
tute. Iowa, Amana, route No. |, Henry
Emanuel. carrier; Lewis Emanuel. substi-
tute. Crawfordsville, route No. 2. Samuel
C, Fletcher. carrier Clark Fletcher. sub
stitute. Elliott, route No. 2, George NJ.
Kirby. carrier; Orlaff r. Kirby, substitute.
Paymaster Ordered TO Omaha.
Captain Abraham p. Burlington, First in
fantry, has been detailed for service in the
pay department and will proceed at the
proper time TO Omaha for temporary duty
in the department of the Missouri. 10 take
effect December II.
Decision on Land Patents.
Justice McKenna today handed down the
opinion Of the supreme court Of the United
States in the case OF Larry McCune against
NJ Fred Essig and wife, claim for an
undivided half interest in a quarter sec
tion Of land IN lincoln county, Washington.
taken UP in 1889 by the father OF Mary
McCune. He died before the land was
patented and the patent was issued 10 his
widow. She afterwards sold It 10 the
Bssigs. and suit was brought on the ground
that the daughter was entitled TO a half
interest the land being Community prop
erty." The court Of appeals decided against
her. holding that the widow had all the
rights in the property that her husband
had had, and the supreme court afirmed
the verdict. Justice McKenna said that
the case Is one in which national law must
control regardless OF state statutes.