Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-07
PAY UP OR STOP BUSINESS
Insurance Department Elkes Effort to
Collect Rsciprood Ts1.
THlRTY-SlX COMPANIES ARE INVOLVED
Royal Highlander Ask Supreme
Court to Reverse Decision in LANCE
Case Involving the Suicide
Clause in Policy.
THIRTY-SK COMPANIES ARE INVOLVED
cFron a star Correspondent,

fFTOn a Stan Correspondents
LINCOLN Jan. s-Cspecial)-After
conference with Attorney General Brown
this morning. Insurance Auditor Pierce
announced that fire companies in other
states which have refused to pay the
per cent reciprocal tax, as required by the
statute, must pay up within a reasonable
time or be barred from doing business in
this state.
Thirty-six fire insurance companies are
involved. In the states in which they are
organized Nebraska companies must pay
a special tax. and Nebraska desires to play
even. Companies located in Pennsylvania.
Ohio. Massachusetts,, New Jersey. Illinois,
Wisconsin, Minnesota, Missouri and Call
fornia are chiefly affected by this order.
When the Nebraska law went into effect
the companies brought a test case and
won in the supreme court. Later Mr..
Brown got a rehearing and the court held
that the law was good. The companies
Immediately filed a motion for another
hearing and this matter is now pending
in court A ruling was expected by Judge
Holcomb, who heard the case originally,
before he went out of office, but none was
given.
Some $4,000 is involved, and Mr.. Pierce
proposes 70 get after the companies in an
being delinquent for two years. The at
torney general informed him that as long
as the law is upon the books and no final
decision of the courts is against It, it is
his duty to enforce collection. One Mime
sofa company owes $500. and the auditor
thinks that II he waits much longer before
going after the companies some of them
will prefer to forfeit their Nebraska bust
ness rather than pay up the back tax.
New Interurban Project.
Guy c. Barton, G.. w Wattles, W. v.
Morse, Frank T. Hamilton William A.
Smith and Charles r, Tyler filed articles
= Of Incorporation with the secretary Of state
today for an interurban electric railroad
company, with a capital of $1,O00yO0. Each
Of the shares represents $4,000.
The headquarters of the line are to be
maintained in Omaha, and the projected
route is from Omaha through South Omaha
and Bellevue to Fort Crook. beyond which
no terminus Is mentioned The articles,
however, state that the road is eventually
70 extend through Sarpy, Cass, Otoe,
Nemaha and Richardson counties to the
state line of Kansas This line will tap
"a rich agricultural section which also has
the advantage of being thickly populated.
National Guard Election.
Inc 1OllOWlnB Oroer was sent out from
AdJutant General Culver's Office today:
An election is hereby ordered to I'LL the
vacancies in the offices of colonel and
lieutenant colonel of the Second infantry
regiment; vice Colonel J; ". , Mcdonnell
that regiment, whose commissions expire
on the 23d of January. 1906.
An election is hereby ordered 20 fill the
vacancy in the office Of major of the Second
infantry regiment, vice Major ]. G. Hartl-
gan, whose commission expires on Febru-
airy IL, 1905.
Colonel Mcdonnell desires a reelection,
but he has opposition in the person OF
Major John c. Hartigan, also of Fairbury.
Lieutenant Colonel Bolshaw is understood
not 10 be a candidate, as his transference
to Hastings night yardmaster will in
terfere with his military duties.
Ask for RehearinE.
Claiming that the recent decision Of the
supreme court in the LANCE case is blow
at the fundamentals of fraternal societies
the Royal Highlanders have filed a motion
for rehearing. They assert that the court
erred in the construction II placed upon thu
fraternSSact in that it held that under thai
act the clause relating to suicide a
mere bylaw and not part OF the charter
or plan OF organization of the society. An
other contention of error is in holding thai
the act did not apply to domestic socletie.
uOlnS DuSlutsS DclOTe It's enactment.
Ii is contended that the courts decision II
contrary to public policy in that the con
structiOn placed upon the fraternal act rem
ders that law retrospective and void unde
the constitution, It destroys vested
rights acquired before its enactment. An
other reason is that the decision permits
recovery for breach of the contract com
United by LANCE while sane and holds b,
implication that self-destruction by a mem
her while sane was not of itself a defens
to an action based upon beneficial certih
cate OF membership.
waiting for Tax Decision.
watching the telephone this afternoon be
cause he had an idea that Judge Munge
might hand down decision in the Burling
ton and Union Pacific tax Injunction suit
against the state. Around the state hous
acute interest is taken in this case and
has been figured out by state officials tina
II means something over $4,000 gain to tn
winner. In other words, IL the state wins
will mean a gain of some 1902 oO0 in roun
numbers and interest at the rate of 10 Pc
railways win. It is asserted, the Burlingto
will be required TO pay about $4,000 less /
taxes than II did in 1903, and the Union Pa
cihc about $500 less while II the stat
wins the Burlington will pay $1,000 NOR