OCR Interpretation


Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, September 13, 1899, Image 4

Image and text provided by State Historical Society of Iowa

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84038306/1899-09-13/ed-1/seq-4/

What is OCR?


Thumbnail for

$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

xml | txt