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$1)t democrat. WEDNESDAY, SEPT. 13,18»». OFFICIAL nraii of CITV AND OOUNTY BRYAN THE FOREMOST STATES KAN OF HIS TIME. So Says the Great Journalist James Oreelman. James Creelman, who probably did as much to elect Mr. McKinley in 1896, as any newspaper man In the country, recently sent a special dispatch from Cincinnati to the St. Louis Republic, saying that Mr. Bryan was stronger than ever, and that his rise into national power is the last protest of old fashion ed continental Americanism against McKinleyism, trusts and imperialism. Mr. Creelman predicts that if the con test next year is between Bryan and McKinley that Bryan will be, elected. The whole article so commends itself to the thoughtful elector that we re produce it in full as follows Mr. Bryan is not one of the most Impulsive men in America. The' com mon idea of htm la that he is governed in all things by hiB emotions. Nothing oould be further from the truth. His habit of mind is orderly and deliberate, and he is usually desperately slow in making decisions. Of all the leaders of the democratic party, as It exists today, he is, perhaps, more laborious and care ful, more studious and suspicious of issues that originate in popular clamor than any other. This statement may surprise men who look upon Mr. Bryan as a mere passionate orator. But it is the sim ple truth. His political passions are passions of what he conceives to be principles. This is the key to the Bryan of today. He is conservative rather than radical, fundamental.rather than practical. Since his nomination in 189B, Mr. Bryan has grown graver, broader, -deeper. He has lost what was in him sectional feeling, and lookB to the swarming east to help the south and west in the struggle against the abuses of corporate wealth in politics. He is more natural in his point of view. To day be seems to understand that a man may disagree with him on the currency question and yet be a sincere democrat, as representing the party creed whole. Although I have not been a support er of Mr. Bryan. I am convinced by personal contact with him and by my 'knowledge of what he has accom plished and is accomplishing now, that three years have changed him from sectional leader, inspiifed but enthralled by a single idea Into a many aided, re sponsible statesman. HiB patient tact, his courageous devotion to principle and his power of compelling confidence in his honesty are gradually reuniting the democratic party. Let no one be deluded by the idea that Mr. Bryan does not understand party politics in all its ramifications, I should say that he is at this moment the most astute politician in the United States. Think of the extraordinary ability and knowledge required to hold in union the democratic, populist and free silver republican parties think of a defeated candidate who can for three yearrwitbout power or place, bold the attention of the entire nation, speak boldly and without reserve on every public isBue in a time of constant and fierce excitement, and yet not make single political blunder in these three years he has become more moderate speech and less rhetorical. He is reason able rather than dlctorial. I speak of him as a profound and masterful politician, because that is the side of his character not generally underftood. Neither Senator Hanna, President McKinley, David B, Hill, Arthur P. Gorman nor Bichard Croker is in the same grade with him asa party politician. He seems to rule without threats, without promises and without money. He is building up an organiza tion that will compare in completeness with any that has existed Bince the civil war. He is determined that this party shall not go into the next cam paign in a fluid condition. If Mr. Bryan has a serious fault as a politician, It is his inability to yield or seem to yield. His personality is something phe nomnal. He dominates every thing about him. In this respect he unfor tunately resembles Mr. Cleveland, but unlike Mr. Cleveland be truBts the common sense of the common people, •i Mr. Bryan'B deep religious convictions control him in his attitude toward the masses. He Qrmly believes that the band of God is always present in the affairs of men, and that it is a part of the divine plan to work out every good thing through the average mind: in other words, through the majority. No unprejudiced man can travel through the various states today with out recognizing the fact that Mr. Bryan is much stronger and much more firmly intrenched in the con fidence of the multitude than he was at any time during the last presiden tial campaign. He is the supreme, unchallenged leader of his party. But what has most impressed me is the large and constantly increasing fol lowing he haB among business men now. His refusal to engage in personal attacks on the president,' hiB decent and dignified manner of speach and his opposition to a national policy of foreign adventure seem to have broken down the prevailing distrust among legitimate business men. The truth is that Mr. Bryan is today the great barrier against state socialism in & America. Were it not for his unceas ing labors, his open and real sym pathy for the millions who suffer in the shadow of remorseless corporate greed, and his power of convincing the desperate and diBpairing that their cause can be won without over-turn ing the present order of government, state socialism would be kindled into life. Hundreds of thousands of men who look with kindly eyes upon govern ment confiscation of truBts as a relief & for the present top-heavy, unequal con dition of the nation have been drawn into support of the democratic party through their belief In Mr. Bryan's sincerity. He bridges a great gulf. So long as the original conditions, tenden eies and opportunities of the republic existed, there were no signs of socialism ®r to be seen. Mr. Bryan's rise into na tional power is the last protest of old fashioned continental Americanism against the new order of things repre sented by McKinleyism, trusts and im perialism. Much as 1 personally dislike and distrust the free-silver idea, 1 am com pelled by force of facts to recognize in Mf. Bryan a really great man, a stub born and uncompromising champion of a mistaken financial policy, but a statesman and patriot who loves and believes in the plain people. Much has been written and said about Mr. Bryans failure to make a national name and great fortune as a lawyer,but it must be remembered that be was only 23 years old when he was admitted to the bar in a Bmall Illinois town, and that he gave up the practice of law seven years later and entered upon a political career. Yet twice during that'period he made himself self-supporting—once in Jacksonville and again after his re moval to Lincoln. Besides that he declined to accept a salary of *10,000 a year from the Stan dard Oil Company, preferring to live more economically and fight against the abuses of such overgrown corpor ations. He has much more solid record as a lawyer and business man than Presi dent McKinley. For one thing, no man has ever been called upon to pay his debts, and I personally know that he has helped many an unfortunate friend out of his troubles. Another fact about Mr. Bryan has become known since 1896. He cannot be used by other men he is not weak or invertebrate. He is the master rather than the servant of those who surround him. It was said in the last campaign that if this uninformed, inexperienced youth from the prairies of Nebraska should be seated in the White House, his every act would be dictated by cranks and fanatics. But today the whole nation can witness in every part of the country the evidences of this man's indomitable will and unconquer able courage. I am quite sure that if the next dem ocratic national platform should fail to meet his convictions he would de cline to be the democratic candidate although he would vote the democratic ticket. My own judgment is that he will have no rival in the national conven tion and will be nominated by acclam ation. It is too soon to express a posi tive opinion regarding his chances of election, but I should say that he iB much more popular than when he was last a candidate, and that if the con test is to be between Mr. McKinley and Mr. Bryan the present prospect favors Mr. Bryan's election. It is along look ahead, but at the Bamestage of events proceeding the last national conventions 1 succeeded in demonstrating to my own satisfaction at least, Mr. McKinley's nomination and election, and I do not fear to make a prediction now with all the reserve arising from the fact that a prophet can never hope to be as accurate as a historian. Belknap vs. Johnston. Judge Piatt haB filed his decision in the above entitled cause, recently tried in the District Court of this county, and has ordered a decree in favor of Mrs. JohnBton for the full $5,000 and costs. As considerable interest, owing to the sensational charges made by the plain tiff in her petition, and because of the fact that many of our readers are mem bers of fraternal insurance associations, and the court passes upon a number of legal questions applicable to such asso ciations, we print the decision in full. In the DiHtrict Court of Iowa for Delaware County. BELKNAP, Executrix, I vs. Opinion and JOONSTON, et al. Findings. On .June 30th, 1880, J. L. Belknap, a citizen of Iowa, became a member of the N. W. Masonic Aid Association, a mutual benefit company organized un der the laws of Illinois, under a certifi cate numbered 4515, for $2500.00. His devisees were therein named as ben eficiary. Later the availB of this certifi cate were bequeathed to J. F. JohnBton by Belknap. On June 20th, 1883, Bel knap applied for an additional certificate and one numbered 8585 was issued, the beneficiary being the heirs or devisees of the assured. Soon after, and in the same month, Belknap made a will in which he bequeathed the proceeds of certificate .4515 for $2500.00 and one-half the amount of certificate8585 for $5000. 00 to ohnston. The matter so stood at the time of Mr. Johnston's death. The defendant, Ellen C. Johnston, became possessed of the entire estate of her hus band, John F. Johnston, and thus be came the owner of sundry notes made by Belknap and running to Johnston, amounting to about $7000.00. The tes timony shoWB that Mrs. Johnston made efforts to have an adjustment of the matter, which culminated in an agree ment for the assignment of certificate 8585 for $5000.00 to Mrs. ohnBton as security for the debt. It was discovered however that the articles and by-laws of the association prevented an assign ment, but would permit the cancelling of the certificate in question and the is suing of anew one naming Mrs. John ston, as a creditor of the assured, as beneficiary, and it was finally agreed that this plan should be adopted and that the whole indebtedness should be cancelled upon the death of Belknap, and the payment of the amount named in the certificate to Mrs. Johnston. The evidence tends to show that while the negotiations were pending and before it was definitely ascertained that the As sociation would not recognize an assign ment of the certificate, a contract was drafted by an attorney, relative to the understanding of the parties. At this time an absolute assignment was under contemplation. The attorney was a man skilled in the law and would not have referred to the transaction as an abso lute assignment in the draft of the con tract referred to had his services been rendered on or about the date shown in the contract subsequently entered into. The draffcof the contract was given to one H. C. Haeberle, who made a copy of the same, except as to the date, and the paper was executed by the parties on July 27th, 1892. This contract provided that Mrs. Johnston should pay the as sessments on a poficy numbered 60.514 for $5000.00, In consideration of the ab solute assignment to her of such policy. Hut as neither this policy or certificate, nor any other, was ever assigned, it is clear that the draft of contract prepared by the attorney had reference to certifi cate 8585 which was cancelled on July 25th, 1892, upon the application of Mr. lielknap, dated June 27th, 1892," policy" 60511 was issued in place of certificate 8585. It thus Beems clear that although exhibit E (thecontractofdateJuly27th, 1892) purports to be dated two days sub sequent to the date of the new certifi cate, the undisputed facts show that many of the provisions of the contract related to a transaction which was abandoned by mutHal consent. Certifi cate 60,514 (the one in controversy) WBB never assigned either absolutely or con ditionally. The contract was drafted when certificate 8585 and 4515 were in existence, under which John F. John ston was beneficiary by the will of Mr. Belknap, to the extent of $5000.00, and when it was thought that the former certificate could be absolutely assigned in payment of the debt. Again, the subsequent history of the transaction shows that Belknap did not rely upon this alledged contract, as he paid all the assessments on certificate 60514, and never attempted to assert his rights un Ar the contract, if any he had. Evi dently neither party to the instrument recognized it as of binding.force, and, as many of Its stipulations contain recitals which both parties recognize as contrary to the facts, the court Is of the opinion that Exhibit E should have very little bearing upon the questions at issue. Upon the cancellation of certificate 8585 and pursuant to the request of Mr. Belknap the Association issued the new certificate numbered 60.514, referred to therein, naming "Ellen C. Johnston or her heirs, said Ellen C. Johnston being a creditor," as beneficiary. This desig nation was authorized by the organic law of the Association and conformed to the laws of Illinois under which the defendant Association was created. At the same time certificate 4515 was can celled and a new one issued making Belknap's wife the beneficiary, and sub sequently Belknap revoked the bequests to Mrs. Johnston referred to. At the time the original applications were signed and delivered there was nothing in either the laws of thiB state or of the state of Illinois to prevent lielknap designating a creditor as ben eficiary, but before the issuinf^of policy 60.514, chapter 65 of the laws of the Twenty-first General Assembly had been enacted, and it is claimed by learned counsel for plaintiff, that section 7 thereof applies to foreign associations doing business in this State and conse quently prohibited the making of creditor the beneficiary, while defend ant contends that the section only Bp pi itB to domestic companies or that even if it includes foreign companies, it does not affect this transaction first, because the proviso in Section Twenty of the Bame act exempts existing con tracts from the act, and, second, for the reason that the state could pass no law that would impair the obligation of ex isting contracts. Plaintiff further con tends that the whole transaction was a wagering contract for the reason that Mrs. Johnston having no insurable in terest in the life of Belknap, and having agreed to pay the assessments, she is in the position of one who takeB out a pol icy on the life of another without hav ing a pecuniary or Insurable interest in that life. As to this contention the court iB of the opinion that the relation of debtor and creditor existed between the parties. The notes were in escrow and were not to be delivered until the proceeds of the policy were paid to Mrs. .Johnston The contract (Exhibit E,' was drawn when an absolute assign ment was contemplated, and when it was thought that such a transaction would be lawful. This contract was never performed by Belknap, and his representatives are hardly in position to ask this court to enforce it against Mrs. Johnston in respect to matters which by common consent, and by contract in writiug, they had abandoned. Exhibit E. was not the contract be tween the parties in so far. as an abso lute assignment of the certificate is con cerned. The undisputed facts show that Mrs. Johnston was a creditor and that lielknap applied for the change of ben eficiary. In the opinion of the court the transaction was not a wagering contract, It is claimed, however, by learned coun sel for plaintiff that Mrs. Johnston hav ing failed to pav the assessments on the certificates, the contract was forfeited. As to this contention the court is of the opinion that if the agreement to pay as sessments related to certificate 60.514, Belknap had the right to waive it. As the debt was not cancelled it was to his interests to keep the certificate in force. The fact is that he either waived that part of the alleged contract, for he paid all the assessment himself and took pains to notify the holder of the evi dence of the debt of the fact, and did not avail himself of bis rights under the contract to again designate another ben eficiary, as he might have done had Mrs. Johnston forfeited her contract or he treated that part of the contract (Exhib it E,) as having been mutually aban doned. The court is ot theopinion th&t the parties unintentionally utilized the draft of the contract drawn by the at torney and copied by Mr. Haeberle, without making it conform to the chang ed conditions which the abandonment of an assignment made necessary. However that is, Mr. Belknap's conduct precludes the idea that he had made an absolute assignment, or that Mrs. John ston's situation wa6 anything different from that of a creditor whom it was bis interest to protect by way of security. Another contention of plaintiff Is that the designation of Mrs. JohnBton as beneficiary was obtained by fraud and through undue influence of Mrs. John ston by reason of criminal intimacy be tween the parties that the alleged in debtedness of Belknap to John F.John ston and his wife had no other consider ation than the criminal intimacy charged. As to this claim, the court linds that it is not sustained. There IB no evidence before the court that could warrant the contrary view. Mrs. John ston was indiscreet in mailing the let ters, etc., introduced in evidence, but when it is remembered that Belknap was auxious to keep his father in igno rance of the amount of his indebtedness, for reasons that must be apparent, there ie little upon which to base even a well founded sti:picion against Mrs. John ston. If a woman's character may be so easily ruined, many women of spotless purity would be subjects for successful attack. The court does not believe that plaintiff's counsel would knowingly in jure a woman's character by wantonly asserting the charges referred to, but it cannot agree with them in their views. In the opinion of the court there is nothing in the evidence to warrant them, and the court believes that its action in refusing to admit in evidence hearsay testimony offered in support uf this con tention must now lie commended by the learned counsel who excepted to such ruling. These views are fully supported by the undisputed evidence concerning the history of the whole transaction. It dearly appears that Belknap was un successful in business. The senior Bel knap had been successful. Johnston had devoted hiB whole active life to the lielknap interest, either as clerk for lielknap sr., or lor toe son, excepting for a short lime- when he was in part nership with the latter. The son re peatedly showed his incapacity as a bus iness man, and was evidently anxious to keep his father in ignoranceof the fact. There iB nothing to indicate that the Johnston's lived beyond their me ins, indeed everthing shows that they wire careful and saving and the result was nothing which could possibly appeal to a court as'indicative of any improper re lations between Belknap jr. and Mrs. Johnston. The savings represented by the property in controversy, together with all else that the Johnston family possesses, or has ever possessed, is more than a reasonably frugal lifa of honest toil ought to justify. If deatli bed sceneB are worth anything as show ing what the truth is, Mr. Johnston must have greatly dissembled when he showed such solicitude for the protec tion of this indebtedness for the benefit of his wife. A similar solicitude (but lacking the solemnity of impending death) was shown by Mr. Belknap in trying to protect himself against the knowledge by his father of his bad financial condition. In the opinion of the court, Mrs. Johnston's indiscretion was due to thfe cause. The court may well say in conclusion, upon this branch of the Cdse, that for many years prior to the particular act complained of hy plaintiff, Mr.-Belknap had Bhown In ev ery way that he recognized the indebt edness in controversy as. valid, and it The court will not attempt to review N. E. R., 882, holds the same view. The all the authorities cited by learned court holds that the certificate issued counsel, but will refer to a few of them December 17,1892, being prior to the act as a basis for the findings hereinafter of June, 1893, (that being similar in ef set out. All the authorities o.lfd have feet to Section 7, Chapter 65, Twenty- The following will sufficiently indicate the views of the court: Seamans v. Zimmerman, 9t Iowa 363. This case holds, (1.) Practically thnt t1 contracts in controversy in the case »t bar are Illinois contracts. There is lit tle to distinguish the facts of the two cases. In the case at bar the applica tion was taken by a local ngeut :::.d transmitted to the general office in Chi cago, where it was acted on. The local agent had no authority to bind the company in any way, hence the taking of the application did not affect the character of the contract thut was sub sequently entered into. In other re spects the Zimmerman case is substan ally parallel to the case at bar. The Supreme Court seems to treat the Zim merman application and policy as a Wisconsin contract. (2.) The Zimmer man case depends as to its controlling force upon the fact that the statute Section 1144) absolutelv forbade the i»kingof risks in this stbte, either di rectly or indirectly, by any fire insurance company unleBB possessed of the requi site capital. The demurrer admitted that the company had not the capital required. The court finds no parallel in the facts or the law of the case at bar for the reason that there is no prohibi tion in the statute here relied on and because the Zimmerman case was an action by the receiver of the insurance company to enforce collection of assess ments. In such case the plaintiff could not avail himself of the rules of comity that would be recognized had the con tract not directly contravened the laws of this state and for the further very [ood reason that had the action been nought by Zimmerman on account of loss under the policy and good service had been made on the company in this state, a recovery could not have been had notwithstanding the fact that the company "operated" in this state con trary to law. The court drea not need to call attention to recent authorities in support of these views. The caBe of Parker v. Lamb, 99 Iowa 265, is decisive only of the same question that was de cided in the Zimmerman case Ante. Davis Bronson, 6 Iowa 410. This case concerned the recovery of the value of certain liquors shipped into this state to a citizen thereof under a contract ot purchase made in Illinois. The opinion of the' court is well considered, but be fore it can be said to have any control ling weight as a precedent in this ease, the statute upon which it is wholly based must be considered. The statute referred to was absolutely prohibitive in its nature. It may well be said that the contracting parties of any subject mat ter governed by statute contract in ref erence to it. At least if they do not, they can not avail themselves of their ignorance. The law under contempla tion bv the court was a law to suppress intemperance in this state. It was un doubtedly of a police nature. While the opinion is one of the best, yet many of the authorities cited have no applica tion to the facts of the case at bar, nor to the particular question decided. The last pages of the printed opinion (432) strikes at the essence of the doctrine of the case, and the court has only to call attention thereto to show the weight of the decision. It IBsaid by learned counsel for plain tiff that there ought to be a recovery for plaintiff because of the statute (Chapter 65, Twenty-First General Assembly.) Much has been said in argument by the very learned counsel of botli parties and the court has endeavored to carefully investigate the contentions of both. The contract may be an Illinois contract and may contravene in some respects the declared principles of our laws, yet It does not follow that the defendant may not be entitled to a decree. What must be determined is, what prohibitive stat ute, what statute concerning police reg ulation, has been contravened by tne contracts in controversy By Chapter 65 of Laws of the Twenty-first General Assembly, this state undertook to effec tually control all that it could control in respect to the organization and opera tion of mutual benefit associations. It certainly could not control the organi zation of foreign companies of any kind, but had the power to control the "op eration in this state of foreign compa nies. The chapter referred to certainly distinguished between domestic and for eign companies. If not, why confine' the first twelve sections to domestic companies and then take up the ques tion of state control of foreign compa nies'? The Act in respect to foreign companies provides upon what terms they shall be licensed. There is no re quirement as to whom the avails of the certificate or policy shall be paid. It is a question of license, and that only. Wnen a license iB issued there can be no doubt that the company acting under it, IB operating in this state pursuant to, what? Its charter and by-laws recog nized by the laws of the state where created and approved by the designated officer in thiB state, or the laws of tl.e state where the contract is attempted to be enforced under the rule aB to domes tic corporations To the mind of the court the insu rance company stands in the position of absolute liability, not because it has violated the law of the state, but because, having violated no prohibitive law, it must ne liable to some one, and neces sarily, to the party with whom it con tracted. Any other theory would in this case indirectly enable the contest ant of the contract to defy the constitu tional rights of the defendant. Miller Brewing Co. v. Council Bluff's Insurance Company, 95 Iowa, 31. This action turned on the question of service and jurisdiction. The defendant had no right to transact business in Wiscon sin, but did issue a policy through an agent having authority to do so. The company was held liable. There is nothing in the case except a question of service and necessarily one of jurisdic tion. Spencer v. Myers, 34 L. 11. A. 175, (N. Y.,) has been cited uy counsel, in sup port of the contention that Chapter 65 Laws Twenty-first General Assembly prohibited the naming of Mrs. Johnston as beneficiary. The New York Statute referred to removed the disability of a wife to assign a policy of insurance on the life of her husband, and the court rightly held that the intent of the legis lature was to make insurance obliga tions of that character held by women residing in New York, wherever created, assignable. The language of the court in holding that the act covered policies issued by foreign insurance companies has no further weight than the scope of the inquiry warranted. Croker v. Hogin, 103 Iowa, 243. In this case the insurer was an Iowa corpo ration, organized under the laws of the Fifteenth General Assembly. The con stitution and by-laws of the Grand Lodge A. O. U. W. prohibited an as signment of the certificate. By accept ing the certificate, Hog in contracted that he would nut assign it as security for a debt. Had the certificate or the articles of incorporation ami by-laws of the insurer provided that an assignment might be made to secure a debt, there can be no doubt tiiat under Section 20, Chapter 65, Laws of the Twenty-first General Assembly the assignment to Croker would have been 'ipheld. Voight v. Kersten, 45 N. E. U. 543, (111) In this case the court says "At ttie time the contract was made between the deceased and the complainant order, thiB right to appoint the beneficiary or change the name existed, and we think was an important part of the contract entered into. It would seem that the construction of the act passed in June, 1893, giving it the effect to destroy that right which existed prior to the passage of the act, would be giv ing the act a retrospective effect, and destroy the obligation of the contract should not at this late date, be possible entered into between the deceased and to impugn his motives, or purpose, by the complainant."—Citing Benton v. any evidence other than of the most dl- Brotherhood, etc., 34 N. E. It. 939. rect and convincing nature. I The oase of Moore v, Chicago, etc., 61 ,» iiil sPSV*/, -Jvw ft- if' been carefully considered and all have first General Assembly) was notall'ected Second Trial of the Captain Gon been referred to that were acce.iBible. by that act. Iowa, 287. Learned counsel for plaintiff insists that a change in beneficiary is the same in legal effect as sin assignment. This The court is of the opinion that for the reasons herein stated it is unneces sary to decide some of the questions presented by the very able argument of the learned counsel for plaintiff, but as counBel have strenously and with mark ed clearness and ability insisted upon the soundness of all their reasoning the court will make a full record of its find ings upon all the salient points suggest ed. The findings of the court upon questions of fact are: (1.) The notes, etc., evidencing the alleged indebtedness of James L. Bel knap to Ellen C. Johnston are evidence of the actual bona fide indebtedness of James L. Belknap. No part of the same represented a settlement of anv criminal intimacy between Belknap and Mrs. Johnston. No such criminal relations have been proven. (2.) There is no evidence warranting a finding of any fraud practiced on James L. Belknap by either John F. Johnston or Ellen C. Johnston. The certificate in controversy was voluntari ly applied for by James L. Belknap and the designation of Mrs. Johnston aB beneficiary was the voluntary act of James L. Belknap for the purpose of securing his creditor. (3.) The contract marked Exhibit E. was drafted long prior to its execution. Its recital of an assumed fact relative to an absolute assignment related to a transaction that had been mutually abandoned by the parties. The agree ment of Mrs. Johnston to pay assess ments likewise referred to a matter that had been abandoned. In other respects the paper (Exhibit E.) evidenced the understanding and agreement of the .partieB. And as to legal conclusions, tlie conrt finds: (4.) That the instruments sued on are Illinois contracts. That certificate 8585, together with the organic laws of the association vested in the assured the right to change his beneficiary at will. That the laws of Illinois and the organic law of the association, and not the laws of Iowa in respect to the or ganization of domestic mutual benefit associations, will govern in the courts of thiB state in determining the rights of the parties. (5.) That the first twelve sections of Chapter fi5, LawB Twenty-first General Assembly do not apply to foreign mu tual benefit associations. (6 That sections thirteen, fourieon, fifteen, seventeen, eighteen, nineteen and twenty of Baid Act do apply to reign mutual benefit associations. (7.) That under the provisions of Section Twenty of said Act the con tract (certificate 858R) was expressly exempted from the operation thereof, even if Section Seven has any applica tion to foreign associations. (8.) That certificate (10,514 is no contrary to the policy of the laws of Iowa and that the same is enforcible In the courts of this State, according to the termB of the certificate, the organic laws of the Association and the laws of Illinois. (9 That the defendant Ellen C. Johnston is entitled to a decree for the payment to her of the sum of 85000.00 deposited In this court by the defendant Association, (10) That plaintiff Is not entitled to recover for assesBments-paid by James llelkri ip deceased. Such payments having been made by him as debtor to keep in force the security he had given hi' ereditor. The decree of the court will he for the defendant, Ellen C. Johnston and against the plaintiff. The decree will provide for the payment in twenty days from the filing thereof, to the defend ant, Ellen C. Johnston, of the sum of $5000.00 and the cancellation and de livery to plaintiff of all the evidences of indebtedness held by her or which were placed in escrow with Q. C. lleaberle. The costs will be taxed to plaintiff. To each of which findings, order, and decree, plaintiff excepts. FKANKLIN C. PLATT, r, District Judge. 3 \.. DFEYFOS IS GUILTY. 1 The citation of plaintiff's counsel of 6 Am. & Eng. Enc. of Law, 957, (2nd. Ed.) on the subject of vested rights, re lates to a question of mere expectancy in property founded on tho anticipated continuance of existing laws. The text is supported by Lucas v. Sawyer, 17 Iowa, 517 (cited in foot notes) which holds that the legislature may at any time before the husband'sdeath enlarge, abridge or take away the dower of the wife in the husband's real estate. The authority relates solely to marriage, and the rights incident thereto. Marriage is a matter of public concern and "its rights and obligations are derived rather from the law than from tho contract it self," but the Bubject matter of a con tract that iB not prohibited by law rests upon very different legal principles. If the dower right may be enlarged, abridged or taken away, it may doubt less be created, yet the legislature could not designate wives as beneficiaries un der policies where the husbands had designated other persons. Such rights are vested in the assured by the termB of the contract, and if the contract it self be not prohibited by law, they were without doubt fully protected by Section 20, Chapter 65, Twenty-first General As sembly, because such rights were rights acquired by private contract. It is true that the assured had no vested property rights in the certificate, but he had a vested right to name or change hiB ben eficiary according to the terms of the contract of assurance and the laws of the association. Brown v. Lodge, 80 Against Him. CURT 5 TO 2 FOR COXHEMSATION. The Sentence Is Ten Years Imprison ment, Five of Which Have Al gfeffp rsady Been Served. mm is suBatantially true where the originalI beneficiary must consent to the change ?,i?. ^nvkata «n of the assignment, but it is not tho.case f^slpteSber 26th to in respect to a mutual-benefit certificate where the assured has the right to change his beneficiary at will. AV here a beneficiary acquires vested rights thoBe rights are substantially the samu as those of an assignee of a level premium policy, but in the case of mutual benefit societies the beneficiary'B rights are The court is of the opinion that the weight of authority Bustains the follow- ties issue certificates of membership g®"? "no avoid the rush. 37wl A..V v.-"- Dreyfu« I* Allowed to Spe.k Before the Judge* Retire to Delllieiut* Upon the Verdict and Deelttren He I* Amturod Thit JuMico 1M at Hund—Crowd Outelde the Lyccu cliet-ni for the Army When the Verdict I-. Aiinouiicml. Reunes, Sept. 11.—Captain Dreyfus has been found guilty of the charge of treason. The court- stood five to two for Ills condemnation. The Sentence Is ten years imprisonment, five of which lie litis ult-eiitly served. Wlieu the ver dict wits ttiiuounceti the crowds out side lite Lyceo cheered wildly for the army. The verdict was announced at 5:02 p. m. Aged Farmer Accidentally Killed. Clarinda, la,. Sept. 5.—Alex Long, an aged farmer living near College Springs, was killed last Saturday while mowing hay with a team. The double tree broke and struck him in the s'om ach. He had lived in the county forty INDEPENDENCE CARNIVAL Independence, la, Sept. 37 to 20th. For the above occasion the I. C. R. R. P29th Inclusive, limited to return until September 80th, H. (1. PIERCE. Han cheater Markets. Hogs, perewt (3 Steers, per cwt 4 Heifers, per cwt Cows, butcher's stock, per cwt 2 fl ,. ,. Gannen,per cwt ususally dependent upon the will of the Turkeys, per lb assured. In such case an assignment is Ducks, white, per ft a very different thing and even where! chl°Ve'nsaperP»r tbechange is made to a beneficiary as Old Hens'.per lb'.V.V.'.'r!!!!'""!!!!!! creditor, the assured does not part with fJorn perbu all his interest in the certificate. Where wild mr ton looffisoo an assignment is made for the purpose Tame hay'.. BOOOOOO of changing the beneficiary it amounts 5°.&toes.per bu........ in legal effect to. a change of beneficiary Better §a1ry%or' and the same rules of law would govern, BgRs.nnrW. nment refer- Timothy iwd 80® but the character of assign red to by learned counsel Is an absolute assignment in payment of the debt. 6H Ploverieed HXM 00 Notice to Tax-Payers. The time for last payment of taxes ing propositions I ends September 30. Let all take notice (1.) That where mutual benefit socie- 8 s^s.paylng any penalty. Come In their constitutions and by-laws become parts of the contract. (2.) That contracts like the one in controversy and entered into under sim ilar circumstances are governed by the laws of the state where executed, and will be construed according to thore I For the above occasion the Chicago, laws in the states where enforcement is Milwaukee & St. Paul liy. will sell ex sought, unless the contract directly con- cursion tickets to Monticello and return travenes the laws of the latter state. at Fare and One Third for the round (3.) That state laws respecting the trip. Tickets «old September 86 and 27, organization and operation of domestic good until September 28. insurance companies do not apply to foreign companies licensed to do busi ness in this state, unless so expressly provided by statute, the latter boing governed by their own organic laws and the laws of the state where created. This line of authority is based upon comity between the states and upon the fact that it would be impracticable to make the laws of the several states in respect to such matters conform to any fixed plan. (4.) That if the membership certifi cate in a mutual benefit association provides that the assured may change his beneficiary at will, and such con tract be not unlawful at the time, the rights to make such change cannot be impared by a subsequent statute. L. MATTHEWS, Treasurer. Buflhlo Bill's, show, Monticello, Iowa, September t7. Mrs) week of school makes a demand less items. shoes next. School footwear is an important item. For both girls and boys we have made an ef fort to select only the kinds that will give the best of satis faction. We offer a line espec ially adapted to school service and are long wearing. Just as good shoes as can be made, at under regular prices. We have now on sale a splen did assortment of boy's and girl's school caps in all the new and poplilar styles, commenc ing- with a variety of boy's caps at only 10c. Hosiery, Boys' Waists and Knee Pants, Ties, Handkerchiefs, Etc. School We have an abundance (ex cept school books). No more of a variety of tablets can be found anywhere. Every Icind at every price SLATES, PENCILS, PENS and HOLD ERS, INKS. Everything on the school list can be found h're. Bring the Children to Kalamity and start the year right. MOST for the MONEY, that's what we give. SALESMEN WANTED to canvass for tho Halo of Nursery Stock! Htoady einploymeut guaranteed. GOOD PAY for sue oessfufmen. Apply at once stating ago. Men tion this paper. E. L. Watrous, Des Moines, of •ami for number- 888888! Let Kalamity, "the school chil dren's outfitter" help you get them ready. First, for the boy, is a good, serviceable suit of clothes. We have them at 99C, $1.19 and $1 24. Others at $1.39. $1.49, 1.59 and up. We havt a great variety of styles and kinds at special school opening prices. BARGAIN In Delaware County Land 615 Acres in .Bichland Town ship for $ 15 Per Acre. We are sole agents for the Loomis tract of land (near the Backbone) in Richland town ship, and will sell same at any time during the present month for $ 15 per acre. This Store BRONSONl& CARR, Manchester, Iowa. OLIVES" ••••••••••••••••••••••••••••••••••••••••••••MM Have just received a new lot of them. They were bought right and will be sold cheap. Why buy bulk Qlives when you can buy bottle of abetter grade just as cheap. Come and get a bottle. Yours, ours isn'ta rich mans store la Getting the Heat Into the House what makes a furnaco satisfactory. Anyone can "put In1'a furnace, but it requires a good knowledge of the principles of hot air and ex* perience in applying them to get the most heat from a furnace with the least expense for cool. It's a store for everybody. It's a place where the poor man's dollar will buy the biggest one hundred cent's worth he ever saw and whfere' the stylish man's money will pur-' chase the latest styles. Needn't take our word for It. Look around and con vince yourself. New Fall Hats are here In the greatest variety. L. R. Stout, Postofflce Bl'k., Franklin St. Largest stock of clothing be tween Dubuque and W aterloo Our furnaces are as good as skill and first-class material can make them. The Prince Royal is constructed on right prin ciples to produce heat, and has stood the te&t of actual use for more than a quarter of a century. We have made the heating question a study and we claim to know how to in stall a furnace and get the best results. It is the "know how" that makes a short coal bill. You should give the furnace question your attention now, bofore the rush begins and be fore a further advance in fur naces. Let us figure with you and show you that we know gs much as we claim about fur- G. S. LISTER WATCH THIS SPACE. J. J. HAWLEY