Omaha daily bee., 1912-02-22

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Rich is appearing for the railway conf
pany in legal capacity, while Assistant
Attorney General Ayres is advising the
state on legal matters, as in the previous
hearings OF the Rock Island and North
western roads. H. %
The original differences betwee. the
company and the state on the matters
upon which an agreement we're reached
were all told less than 100000. On the
right-of-way and station grounds, how
ever. the difference is large, the company
putting them at s24,2Is,s1i and the state
at tl5.02s,3i7. On each item Of equipment
there is a material difference on the esti-
mate Of reproduction value and in add.
ton the state insists on a depreciation
for use. while the company holds that 1t
is worth as much as new. Q.
Beaton's Case Heard.
Insurance Commissioner Pierce had two
hearings on protest against granting H.
censes to agents which resulted disas-
trously 10 the applicants. Frank ]. Bea.
ton OF Omaha applied for a license to
represent the Commonwealth Life .Insur.
lance company and protest was filed by
the Hartford Life, for which company he
#, formerly was agent. The protestant al
lieges that Beaton collected between 500
and N,Wo on applications which suisse
quently were rejected by the company,
and that the money has not been returned
IN the annltra 20 t~a
money should be returned by the COM
pany, as he had spent II In the service Of
the company, being allowed a certain
amount each month as expense money,
which had not otherwise been paid. Com
missioner Pierce held differently, assert
ing that the expense money was a oues-
tion between the agent and the company
to be- settled privately, and that the an
plicant for Insurance whose risk had been
rejected was entitled to be reimbursed
without being drawn into a controversy
between company and its agent. The
license WIS refused for this reason.
Frank L. Marsellar OF Lincoln was for
metly agent for the Pioneer Ace dent COM
pany of Lincoln. and that company, pro.
tested the issuance Of a new l.cense 10
him alleging that he had collected money
on policies issued by the company ana
failed to turn IL in. Marsellar did not an.
pear to contest the protest and the COM
missioner turned down his application.
county superintendent Request,
The icty ticket agent of one Of the rail-
roads entering Lincoln was today show.
ing some friends letter he received
from county superintendent in Ne.
braska The letter contained a draft and
a request that, a ticket to a specified
destination be forwarded TO him and also
that the agent have a sleeping car birth"
reserved for him. The sleeping car COM
pany confessed Its inability to oil the
order.
State Treasurer George has bought for
the school fund $1,000 worth Of per cent
bonds issued by the town Of Leigh.
The case OF the state against Bartels,
appealed from Dakota county, involves a
nice point in the indetermlnate sentence
law which may have a bearing on large
number Of other cases where he-penalty
is similar. Bar>ls was convicted OF
stealing chickens and sentenced under the
indeterminate law 10 from one to three
years in the penitentisry. The law pro-
vides that for such an ofefnse the PEN
atty may be jail sentence or a term in
the penftentiary.
The indeterminste law provides that the
penalty must not be less nor more than
the maximum provided for the crime OF
which the party is convicted. There are
many offenses for which the statute pro-
ytdes both jail and penitentiary. SEN
fences and others which in addition pro-
vide for the option on the part Of the
court Of fine. The attorney for Barrels
asserts the penalty imposed on. his. client
is. contrary to law. The case is 10
come up soon nth esupreme court, the
attorney generals office now being en-
gagged in preparing the brief for the state.
There will be no session Of the supreme
cour tomorrow on account OF it's being
" sshingtons birthday
Work was commenced on remodeIins
he northeast corner OF the capitol base
ment for use OF tire horse inspection de-
Isrtmsnt Of the state Board OF Agr.cul-
.ure. At present those employed on
ais work are crowded into the room
st ASIDE for the ordinary work, or the
department, causing congestion and max
ing IL impossible to employ enough help
10 get the new department . started
promptly.
The seed testing bureau Of the Our.
food department has taken out, OF ths
tester another batch Of corn submitted
TO f. THIS came from Bethany. Ian.
caster county, and showed only nine
grains which germinatsd out Of a total
Of "a taken from twenty-six ears
The records Of the beard Of parole show