The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-02-13
RULING RELIEVES
LIFE SOCIETIES
ATTORNEY GENERAL RENDERS
AN IMPORTANT DECISION.
Beneficiary, Protective or Relief In
surance Companies Not Compelled to
File Articles Of Incorporation and
Written Appointments Of State
Agents Supreme Court Affirms
Judgment for $4,000 in Personal
Injury Suit.
Special to The Journal.

Special to The Journal.
Helena, Mont, Feb. 1s.-In response to
Attorney General Galen has rendered an opinion
in regard to the filing of articles Of incorpora-
ton and written appointment of state agents by
foreign mutual, protective and relief or bene-
fciary insurance companies in which it is held
that they cannot be compelled to SO act or
prevented from doing business in Montana. for
failure to do so. This decision by the attorney
general stands as the law unless a contrary
ruling shall be made by the supreme court.
The particular case In question was that OF
the Railway Employees Mutual Protective So
not organized for profit, pays no salaries or
commissions to agents or officers and expends
its funds for the mutual protection and relief
of its members.
law Of 1901 relating to foreign corporations is
broad enough to include every kind and de-
scrption, and requires the filing of articles and
| designation Of state agent. that sections 7O6
and 721 except benevolent, fraternal and secret
| societies from it's operation, and that there has
never been enacted any law providing for such
requirement On the part Of the excepted com
panies.
| Therefore, in the absence Of legislation sup
plementing section IL Of the constitution, we
have no law under which foreign insurance cor
to file articles Of incorporation or statements
or written appointments of agents upon whom
process may be served concludes the opinion.
The decision is most important one, affect
ing, as 1t does, the virtual taxation of all bene
hciary insurance societies operating in the
state.
Windfall for Woman.
Judge J. M. Clements in the district court has
directed John O'Neill, administrator of the es
tate Of John Keefe. to turn over the residue
| amounting to $3.50 in cash, to Mrs James
Shea Of New Haven, Conn.,, the only daughter
| of the dead man. ze=t ~.
Keefe was perhaps one Of the most eccentric
characters in Helena he having worked fo
| aS trac kv0 a street
car company. He died suddenly last fall, and
to the surprise of the company, 1t was found
he had saved nearly $4,000 from his meagel
wages. Mrs. Shea having proved her relation
ship, Judge Clements awarded her the residue.
Supreme Court Decisions.
The supreme court has rendered its final de
cision in the suit Of Nels Nord against thu
Boston & Montana Consolidated Copper & Silve
Mining company, affirming the finding OF thu
district court of Cascade county, wherein Nor,
was awarded $4,000 because Of personal in
juries sustained at the defendants s1nelter. A
the first trial the case was nonsuited and 81
appeal taken to the supreme court, where
new trial was granted with the above result
and now this has been affirmed.
A decision was also rendered in the case o
Rosenbaum Bros. & Go. Of Chicago against tn
defunct Ryan Bros. Cattle company OF Custe
county, defendant, the First National bank o
bank loaned the cattle company $4,000 o.
four promissory notes, and later began proceed
1ngs to foreclose the mortgage, averring tina
neither principal nor interest had been paid. Il
the meantime Rosenbaum Bros. & Co. ha'
brought action against the Ryan Bros. compan.
and caused writs Of attachment to be issue,
and to be levied on the property described ii
the mortgage. The Leavenworth bank was grant
ed permission to intervene in this suit Th
lower court held that the complaint in the in
PREVENTION did not state cause of action, an,
entered a decree that the intervenor takes moth
ing. From this decree and order overrulinl
it's motion for a new trial the interyenOr an
pea1ed. The supreme court has affirmed the de
cision Of the lower court thus giving the Chi
cago firm possession of the property Of the de
funct cattle company. .sf ~s- -.-