Omaha daily bee., 1909-05-23
Nebraska
BARTON LAYS DOWN The LAW
State Auditor Bars Special Contracts
and Other Things.
MISSOURI PACIFIC TO REoRGANIzE
Supreme Court Refuses an order to
Modify the Findings of Judge
sullivan In the Express
Cases.
tFrom a SIX Cor1esnondent.l

N+NDAH ." SNnA wi tEU plllFllsV
LINCOLN, May 21.-State Auditor Bar
ION has made several definite and certain
rulings for the conduct Of life insurance
companies doing business in Nebraska and
he expects every one Of these rulings to
be observed by every company to which he
issues a license.
For years there has been more or less
friction between some Of the insurance
companies and the department and Mr..
Barton concluded he would make definite
rulings, 30 that every policy holder would
know exactly what he Is getting and every
Insurance company know just what it's
license permitted It to do.
Mr.. Barton insists there shall he no spe-
cial CONTRACTS in policies in Nebraska:
he insists that he viii not permit any
insurance company to claim that the state
guarantees the policy he holds; that no
agent will be permitted to offer any csti-
mates Of earnings. IN selling policies, other
than ia made by the Officers Of the COM
pany and is made a part of the policy.
Missouri Pacific to R~eOrEanIEe.
The Missouri Pacific system is to re-
organize and consolidate all of its auxili-
airy lines into one big system. This is the
Information which has been conveyed to the
State Railway commission by w. d. Nc
Hhugh, attorney and an official of the com
[ pany.
1t Is the intention Of the company to
issue r%efunding bonds at ) per cent to take
up all the outstanding Indebtedness and. o
have a working capital of SOS. OOO.OOO Under
Jthe law, enacted by the recent legislature.
| It is the duty Of the railway commission
Nto pass upon this issuance of bonds and the
officer of the railroad and Mr.. McHugh
discussed this question with Commissioner
Clarke.
When the new organization is perfected
the Missouri Pacific will spend some money
in Nebraska fixing up its lines and it will
also pay 10 the state several thousand dol
lars for filing it's new articles Of incorpora-
ton.
s~ullivRn's Findings Stand.
The supreme. court denied the application
of the attorneys for the express COM
panies for an order to modify the findings
of the referee, John J. Sullivan. in the
express company case. The court instructed
the attorneys. Ralph Breckenridge and
Charles Greene, that they could axe ex-
ceptlons to the findings of the referee and
Jargue these exceptions In the court. I'm
I'll this is done the court held it would not
order Judge Sullivan to modify his find
ings.
p Nv cNpltSs Company lawyers asked the
2 court. to issue an order to have Judge
Sullivan show what would he the result
had the referee adopted their method of
accounting, that is, figuring on the hand
ling Of express packages rather than on
the revenue. Attorney General Thompson,
for the state, argued that the referee had
discarded the theory of the express COM
. pants and had adopted the plan of the
state, and his conclusions then were based
on the facts in the case. For that rea-
son he insisted that the court should not
order the referee to change his findings.
These cases were started by the attor-
key general to compel the express COM
Nranis to charge only the rates fixed in
The sibley law, which were % per cent
iower than the former rates Of the com
panies. Evidence was taken before Referee
Sullivan, who found for the state and so
reported to the court.
Democracy star Lawyer In Town.
Former Supreme Court COMMISSIONS l.
L. Albert Of Columbus was in Lincoln Sat
Hrday and paid his respects to the chief
executive Of the state. Judge Albert was
4 picked by the Ite democratic legislature
Is the star lawyer of Nebraska, and his
work was to draft a law which would
guaranty to depositors that in case of a
hank failure they would get their money