Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-11-24
SUPREME COURT DECISION RULES
AGAINST RAISING OF AS
sEssMENTs.
CAN NOT LEGALLY BE DONE
UNLESS INSURED AcQulEscEs
Suit Is One Wherein Legion Of Honor
Sought to Enforce Higher Rates
Than Agreement Called For-Deci-
sion Raises Important Question On
Validity of Fraterna Policies.
secial to Tines-Republican,

Srecial to ilnes-Republican.
Des Moines, Nov. 24.-An echo Of
The troubles which have come to some
Of the fraternal insurance companies
by reason of the change of assessment
plan, and suggestion as to one phase
Nh:ch may lead to much litigation in
the future, turied UP in supreme
court decision the other day.
The Iowa l -sion of Honor one of
the oldest of Iowa fraternals. changed
from the level to the graded plan of
assessment, and F. NJ. Fort of Clinton,
who had under the old plan paid $3.50
/ each assessment was first raised 10
$500 and then to S9.4o each time. After
paying for about twenty FIVE years ne
gcT tired and refused longer to pay the
increase. When he stopped and begun
sur TO recover what he had paid he
company cut him off. But the cour,
says that he has a right 10 recover. be
cause in effect the company violated
its contract with him. Not only was
he required 10 pay what he considered
pany scaled down his policy from
$4,000 10 sl.070 without his consent
The court says he did not have to con-
tinue paying in order to have case,
nor even 10 tender the original amount.
IF he We're member in good stand
ing" said the court, and had paid the
increased assessment, his present ac-
ton would not lie. Indeed ii is doubt
fui if either he or his beneficiary would
have any remedy had he kept up his
3 assessments until his death" In other
words. members of fraternals who have
acquiesced in the change from the
level to the graded plan may find that
by so doing they have forfeited their
insurance. This opens the way TO a
Whole LOT of questions affecting fra
/ ternal insurance in Iowa. Quite num-
Der of the fraternals have changed
plan in recent years. The Legion Of
Honor is one Of the cider companies
confined strictly TO Iowa. 1t has paid
Z about s3,000,000 in death claims since
il was organized. but IN recent years
has not been able to keep all claims
promptly paid up. There are 14i
lodges.
Congressman Jameson, of Shenan-
doah. the lone democratic congressman
from Iowa may not be candidate for
reelection. He has frequently ex-
pressed himself as not taking kindly
TO political life and when he was made
a candidate in the Eighth it was
against his will and wish. 1t is learned
that several conferences have been helt
L;
district and that there is fear among
his friends that he Will become 50 dis
gusted with the way things are done al
Washington that he will refuse TO stand
for election to d second term. If this
happens the fight in republican ranks
for the nomination will Immediately
become very interesting. 1t is sup
posed Jameson win go east this week
| Chief Justice Evans. Of the suprem.
court knows how ii is to have IN.
court decide that while sitting on tn,
district bench he failed 10 deal on
good law. In a case rom Hardil
county the court reversed the lowe
court because Judge Evans instruc
tons in regard 70 the guarantees of al
abstract We're dead wrong.
John G. Maris. formerly of Guthrie
county, and for several Years cashier i,
the state treasury, visiting in tha city
states that there has been great boon
! and business activity in South Dakot;
ne past year. He is a banker a
Washington Springs The advance i,
land values has been great and crop
have been excellent So that all tina
1 sections of the country are maxim,
rapid strides.
Senator Maytag who bought tn
Mason Automobile Company and i
Z moving it 10 Waterloo, where it will b
4 expanded enormously, states that h
/ will not abandon nor sell the old plan
5 in this city, but it will be used for
4 part of the work. The automobile bus
4 mess has been growing so rapidly tina
this company is unable TO fill order.
The loss of the company is recognize
as one of the most serious losses fo
q Des Moines in an industrial way fo
4 many years, but Des Moines was un
able TO offer the assistance that cam
from the smaller city on the Cedar.