Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-17
Nebraska
OFFICERS PUT UPON GRILL
COurt-6artisl Brings Out Where
Militia Methods Are Lax.
ENLISTMENT PAPERS ARE FAULTY
Numerous Gases where WOunR Men
Were Accepted When they
Were Not EIiEfbIs-AEuIlsn
Writes Brief.
From a starr Correspondsnt.l

Rrom a STAFF Correspondence
LINCOLN, Nov. s-Cspecial. )-Ths court
partial which has been hearing charges
against members Of the National Guard
InAy extend its scope, or at least suggest
= oourt-martial for the investigation Of
several captains and even the adjutant
general himself.
the evidence that has 80 far been brought
cut shows that I'm many companies the
captains have been lax not only In en-
forcing discipline, but very careless In
accepting young men a. members Of the
guard who are ineligible TO be members.
For instance several accused guardsmen
this morning submitted for their defense
that they were not members OF the guard
legally, even though they had been ao-
oepted as suoh by the officials. These
accused showed that they were under age
and had not secured the consent Of their
parents to join. One guardsman showed by
the records that though his mother had
written out a statement giving her consent
for him 70 Join she had not signed It.
Another showed that his father and mother
bad separated when he was young and he
was given to the custody OF the mother
His enlistment papers showed that the
father, who had no jurisdiction over the
boy had signed the permit allowing his
boy 70 Join
Officers Bear BFunt.
These cases have been called 20 me at
tsntion OF the adiutant general, who told
the court to get all the information along
these lines possible. He is one Of the Of
tenders, for the reason that his office
passed on all the enlistment papers, and
those about which there Is doubt passed
through his hands.
The captains Of the various companies
are being Rrilled so hard by the court that
the young men who are charged with dis
obedience OF orders have almost been lost
sight Of
General Hartigan believes that already
the court-martial has done work which
will be Of inestmabls value 70 the guard
IN that It win make the captains moro
careful about enliBtments, and inspire
them to maintain better discipline. In
many OF the companies It has been brought
out that the officers have been on such
familiar terms with the enlisted men that
discipline OF the kind demanded in the
army cannot be maintained unless radical
steps are taken by the officers.
BRET ON Guaranty Law.
Arthur Mullen, attorney general, has re-
eeived from the printers copies of his brief
90 be filed IN the United states supreme
court in support OF the oonstitutionality OF
the guaranty bank law enacted by the late
democratic legislatures, Mr.. Mullen sums
up his objections TO the decision Of the
circuit court that the law is unconstitu-
tional by saying the court erred.
In discussing the guaranty feature OF the
law, the attorney general said:
Here we may call attention to what we
conceive to be the fundamental falaey in
the conclusion reached by the learned CIR
a,,A hat De
assumption that these assessments are IN
the nature of taxes levied against banks,
for the benefit Of private individuals. The
very title of the act shows that it had for
its object not revenue, but regulation. Inc
Same may be said of it's several provisions.
1t Is not an ATTEMPTED exercise OF tne tax
ing power but of the police power by the
state While the guaranty feature OF the
act operates as q guaranty to deposltors,
such result is merely subsidiary TO me r ta
public against the disastrous consequences
OF bank failures, often precipitated by un-
founded apprehensions on the PAR OF uS-
The guaranty feature does not appear 70
differ In principle from the acts to be found
on the ptatute books OF almost an Ihe
states, providing for a system OF exemina-
lions Of banks, and assessing portion az
least OF the expense of the examination 20
the respective banks. Inc only eoneeiV t,III
operate as an assurance to the pubic OF
the soiVency of the banks. When bank
examiner investigates ana passes upon thf
solvent that Ia In the nature of a guaranty
10 depositors that their money is safe. The
bank charged. with the expense OF sucn
Yainly makes an involuntary contribution
as 3 guaranty TO depositors, as would those
operating under the act in question In
both cases, the benefit to the patrons OF
The banks is incidental to the benetit oil
the public.
In discussing the section of the law
which limits the banking business to cor
poratlons Mr. Mullen says the provision is
not 80 arbitrary. unjust or oppressive that
reasonable minds cannot differ in that
respect. After discussing the closing of q
private bank by the death Of the banker
the brief says OF the incorporated bank;
1t also insures a combination OF capital
energy and ability, and against the indis-
cretiOns and weaknesses of a single indi-
vidusl, and guards against the Investment
OF the assets of the bank in outside ven
lures. II insures publicity with respeci
20 tho operations OF the bank that would
not be possible were natural persons per
mitted to engage In banking.
Dealing with the question OF the right OF
q state to restrict the business OF banking
20 corporations the supreme court of Wis
nonsin, in Weed ct al. against Berge ct al.
l24 N. W., ga, said:
- There are at least two well de-
fined dangers to the public which are and
must be present in private banking which
are eliminated in corporate banking. The
first OF these Is the danger that the prt
Vate banker by engaging in outside bust
ness ventures, may subject his banking as
sets TO the claims OF business creditors, and
thus greatly prejudice, IL not destroy, thu
remedies Of bank deposstors and the second
Is the danger and Inconvenience which Il
likely 20 result when a private banker die
and the business has to be temperate!
suspended for the purpose OF probating tn
estate. involving, perhaps, destruction o.
public confidence and run on the insutu
Ion"
The act restricting the business 10 cor
porate bodies there sustained as
Valid exercise OF the power of the state Il
regulate the business. A Ike conclusion
was reached by the supreme court Of Nortl
Dakota in state eX rel against Woodlands
supra.
serves Notice On senator brown.
The Lincoln Star has practically serveS
notice on Senator Norris Brown that h,
may expect competition. for the nomination
two years hence IN the person OF Congress
man Norris. This Is what the star say
editorially;
The chief result Of the fight made by
that there are some men I'm public lit
whose hearts really beat IN sympathy viii
the masses, and who are ready 10 defy 70
the common good the manipulators o
party machinery for the advantage %
special interest. These men have show
that they would rather face possible defea
a. the hands OF their party than stand 4
the attitude OF self-consciOus betrayers o
h.