Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09
NO ACTION BY THE AUDITOR
New York Mutual Reserve has Not Applied
for 1905 License in Nebraska.
PROSPERITY RElGNs IN KEITH COUNTY
supreme Court Hands Down Number
of Decisions in which Lower
Court r. Reversed In Grim
inRI Actions.
CFrom a slan correspondentl

VI "A blttI correspondent
LINCOLN. March s-(special) 1.-The ar
rect Of the president and two vice presi-
dentE Of the New York Mutual Reserve
Life Insurance company Of New York will
call for no action on the part of the Ne
braska insurance department. for the rea-
son this company has made no application
for a license to do business in Nebraska
this year.
The company was first refused license
to do business here last year by the insur-
ance department, but was later granted a
conditional license. The insurance depart
ment attempted to revoke the license but
was prevented by an injunction from the
federal court. Van y. Lady, the state
agent. brought suit against Auditor Searle
for 5000 for damages done the COM
psny by reason of his position. This suit
was recently dismissed by Lady, as
was the Injunction suit. In discussing the
arrest OF the officers OF the company Audi
tor Searle said
The insurance department objected to
the company giving a one-third reduction
OF the amount OF the premium which was
charged back against the policy. while
those policies issued prior to last year had
an interest rate on deferred payments that
would eat up the dividends earned. The
bearing notes for those premiums The de-
partment then issued a conditional license
that we were to make an examination of
The affairs of the company to verify the
statement filed. we were not fully salts
fed that the actual conditions would bear
out the figures in the statement. Before
the department could get around to make
the examination the officials went into the
federal court and secured an injunction to
restrain us from interfering with the COM
pany or its agents. We were unable to get
hearing during that license year and did
not make an examination because we were
restrained from so doing. The company
has filed no report of its business for 1905
and has not applied for license. and none
has been issued for it to do business for
the year 1906 "..
Keith County PrOsperinE.
State Auditor Searle returned this morn
ing from Keith county. where he has been
for a few days looking after personal mat
tiers.
Keith county is covered by about eight
inches of snow" said Mr.. Searle land
everything is doing well in the crop line. In
fact found that during the last few
months land which sold for 50 an acre has
increased TO S. and within year It will be
selling for $40 an acre, and hard to get at
that. We have had good crops lately and
last year the wheat run from twenty to
ffty-two bushels acre and corn from
n:ty to sixty bushels
- KIawitter Gets New Trial.
Paul Klavitter. who was sentenced to the
penitentiary from Pierce county on a
charge OF criminal assault preferred by a
girl OF II years, will get another run for
his money, as the supreme court this morn
ing. overruled the decision of the lower
court and granted the defendant a new
trial. In his syllabus Judge Lection, who
wrote the opinion, said:
THE rule is established in this state
that in cases OF criminal assault, unless
the testimony of the prosecutrix is cor
roborated on material points, where this
accused testifes as a witness on his OWL
behalf and denies the charge, her testi-
mony alone is not sufficient to warrant q
conviction"
OtOe Settlers Must Pay.
The contract entered into by Christopher
b. p. Stroemer and Josiah A Van Orsde
whereby the latter agreed to secure a re-
duction in the price OF lands in the ole
Otoe Indian reservation which had beer
bought from the government by Stroemei
has for a second time been held to bC
valid by the supreme court.
Van Orsdel was appointed the agent q
the plaintiff In error to collect evidenc,
as 20 the value OF the lands in question
and to file the same with the secretary o.
the interior with the object OF getting
rebate on the purchase price. stroeme
held that the contract was invalid becaus'
IL was against public policy and was II
the nature of employing lobbyist Il
bring about legislation. This the cour
held IL not true, but that Van Orsdel wa
employed merely as an agent to collec
evidence and file the same with the prope
authorities. The secretary of the interio
himself. the court said, suggested tn