The Austin Statesman (Austin, Tex.), Vol. 39, No. 89, Ed. 1 Sunday, March 29, 1908 Page: 15 of 20
twenty pages : ill. ; page 24 x 17 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
I
p.
ANNIE OAKLEY
The World’s Greatest Lady Rifle Shot
i
uses and recommends
NEWBRO’S
8
HE.RPICIDE,
Austin, Texas.
- - | THE ORIGINAL REMEDY THAT KILLS THE DANDRUFF GERM
0
Application* at prominent barbor shops.
mana
di
ENSUS
bank as a private one and the com-
mssioner of banking has no control
I
infante.
Legality.
are also to alimited extent committed
JUDGE KEY ENDORSED.
iT
R
which shall be known as the general
fund, shall b derived
#
band or afanced wife. or to
persons
be no one of the classes herein men-
■ Corporation Act.
I
A
-rrmendi
f
/
(
I
amy
■
DDOC
and
ctive
the
ged.
Secretary
National
America,
dependent upon the
time of his death
difference if the acquisition be by sin-
gle or associated effort for the question
lade
ion,
nes *
ifier
soln t
' in-
3, an
n of
ments, monthly payments or dues col-
lected from its members, payments of
rug
GA.
NEXT FRIDAY’S MEETING WILL
BE ONE OF UNUSUAL IMPORT.
ANCE AND INTEREST-BRIDGE
MATTER TO COME UP.
member at the
and ahouM theta
arity
ceed-
ested
or in
I one
d.
g the
and
fluid
shall i
expres
Attorney Dowell of This City ShowsWhere
They Have a Right to Do Business.
X
7%-
£
son,
ves
and .
GOVERNOR CAMPBELL
TO ADDRESS LEAGUE
g
Ine
fit
he
he
di-
it.
1th
ed
re
ng
S.
As to the admission of infants to
membership we suggest the better and
more legal word miners for you do not
I
1
I
— .....— ,.....--u s-
ciettes. In our judgment, was the main
associatlons such as yours.
The language of this act is as fol-
lows:
Section L—"A fraternal beneficiary
association is hereby declared to be a
The Insurance Feature.
The Insurance feature of these
same shall pass. as provided by the
laws and rules of the association. Such
association shall be governed by this
act and shall be exempt from the pro-
visions of the insurance laws of this
ried on for the sole benefit of its mem-
bers and the beneficiaries and not for
wear as well as to say he has sue
over those in which his dead body is
______
BURIAL ASSOCIATION’S
OPERATIVE RIGHTS
This is the construction given the
corporation act by the secretary of
»tate, as we are informed.
apply to them unless they bo
ssly designated therein*’
now only where the insurance and
Indemnity feature is associated with it
in organized form and this insurance
buys for himself a coffin, grave clothes
and a grave lot which he uses himself
end acquires title thereto is not doing
a .business or plying a trade and per-
mission to do such in Texas to that
extent is not yet regulated by per-
state and no law
makes no
clad in the grave, for it
clations of a fraternal beneficiary
character not coming within the de-
scription as set forth in section l ef
this act and now doing business in
this state may continue such busi-
ness.”
The word beneficiary as hero used is
in an insui ance sense and not that of
common ordinary use, such as any
benefit that might be derived by such
association is evident. ,
The oficer controlling them ia the
commissioner of insurance, or course,
the subject must be germane to his
office ami duties. He has no author-
ity over the burial of the dead nor any
provision made for such. Besides If
there, was. any doubt of that the op-
erative portions of the act as to the
report the societies are to make makes
it clear for how can one comply with
it when its business is not such.
“Fratetnal” As Used.
Formerly Not Under Commissioner.
Assoclations such as these would not
ordinarily come under the Jurisdiction
men, Of the commissloner of Insuranee ano
hus-- hod prior to this net been so treated
by that oficer on the grounds, we take
it that they were ■ not operating for
profit, but were henefical benevolent
and charitable institutlons operated for
the benefit of the members only, in-
stead of legal corporated businesses
conducted for profit, such as ordinary
life insurance componfen.
apply therefor and that maintains a
separate branch composed of the mem-
bers who hold such certificates issued,
and governed by or through a separate
board of managemet, authorized and
appointed by such corporations, so-
ciety or associttlon for the sole pur-
pose of managing and conducting such
branch.”
"Each association shall have a lodge
system with ritualistic form of work.
MENANDWOMEW,
Use Bia € for uanature?
itcharges,infampmstions,
irritations er ulceratlon
of nae«a• membranos,
Palnlees, and not astrin-
(•at or polsonous.
Sold by bruguiste,
or bent la plain wravvpr,
270 22/228248.50
Oiroalar mH 00 coguosh.
Austin, Texas, March 28. 1908.
Mr. George W.t Patterson, ’
and Treasurer of the
Burial Association of
jurisdiction over such. It might
Undertaker.
The right of this association in the
conduet of fts legal business hag the
tight of purchase of property and ser.
VceR,trom any ohe legally authorized
to sell them. An to the undertaker be.
Ing active in. the promoting of wuen
partnerships if they are legal con-
corns, it Is Immaterial who promotes
them and as We understand it thetr
; right. In law must rest on thelr own
meru and not on the"yeatousnesa or
the promnoter. An to these lhr, w.
con .not tee how they are committed
to ihe jam or the omiee of commit,
•loner of Insurance and If posmed on n
an munt be in wome other tribunal
tate of Kansas vs. Wichita Burial
p2zoclation, 84 Pacino Reporter, p
491. " T
1 AND
URNG
R 6000
THE AUSTIN DAILY STATESMAN, SUNDAY. MARCH 29, 1908,
dividual as a raiser. buyer and seller
of live stock operates his business on
his own "hook” as many are now do-
ing in Texas; if under a charter It at
once is subject to the control of the
secretary of state. The law that-deals
with corporations does not always ef-
fect individuals and vice versa.
No Control of Private Business.
The office of commissioner of insur-
rance is a creature of law and not a
nArticle 2036a—"A life insurance com.
pany shal be deemed, to be a corpom-
ihonsdanne,businesa under any charter
involving the payment of money to.
from this view, as all foreign concerns
plying their trades in Texas must have
permits from the proper officer whether
they sell cofins, burial robes, bed steds
or Insurance—be they natural or ar-
tificial persons. •
Pomestio Natural and Artificial Per-
sons.
There is also a vast difference be-
tween resident natural and artificial
Conclusion.
"Dread is the roar of the distant
Hun.” but be ye not afraid, for in this
Ase he is safely caged with more than
Iron bars: His doings are with the liv-
-pg not the dead. A breath has not
rade you and a breath can nut unmake
through herald of oficlal. An In-
SUPEREHUAUSHAIR
EV I have a saf and postively 8URE way
as defined by the art giving control 1e
stated to be a sum of money paid on
the death of a member to a relative
or dependent-one and may go by law,
in cane he has none. to a third party
and is tn no sense the payment er the
cost of a funeral of a dead body which
is quite a different thing.
cause of the legislation placing them
under the commissioner of Insurance’s
control and not their fraternal quail-
ties, for why have not fratetnal so-
det les not been dealt with before. No
attempt has ever been made and none
aerry a monfed beneft in some form,
not merely a monled benefit in E
form, such as an Insurance- or
demnity.
ANNIE OA
"F-ee
t Hart-
blanks
listricts
repara-
, which
of May.
one for
en ap-
on May
or and
pendent
l in this
f these
trustees
census i
showed
county
, and it
is year
. This
ving in
it bulk
eastern
f livingin
ig very
propor-
rn and
from assesa-
Corporations under our laws can be
formed, for benevolent and charitable
nurposes, but this would not Include
the purposes of your asadclatlons be.
ate the funeral and burial of a man’s
body is the highest duty to himself
and is neither behevolence nor charity.
Benevolence and charity are extended
to others, not to one’s self. Neither
can that be benevolence or. . charity
which a man buys and. purchases with
money, paying value and an adequate
consideration therefor and which ‘
or hfs legal r iu. _____
mand and assert as legal rights in an
ndlon at law therefor should you fall
to comply with your part of the con-
tract, .he having complied with his -
such things are legal contract and are
not benevolent and charitable institu-
tions and come under the Taw of
ordinary contracts such as the pur-
chase of a lot, a coffin, or a burial by
8elf or through a partnership.
The law of corporations permits the
formation of one for cemtery purposes i
but your assoclatlon, as we uner
(rrr dreggtt he M. "-EL.c
ngs
For sale by J. w. Graham
•00 Congress Ave. Mall orde
licited.
for business purposes are usually call-
ed corporations fur political officials.
Thus an individual may operate a
"Traveling as Ido continuously, I have been troubled a
great deal with dandruff add falling hair, and until I tried
Herpicide I never found a remedy that was satisfactory.
"Herpleido is a delightful preparation that fulfills tne
claims made for it, and no lady"s toilet is complete wihout
it. I highly recommend it to my friends.”
(Signed) ANNIE OAKLEY.
mils, and for this reason alone a com-
missloer of insurance could have no
hereafter passed
The Bar of Travis County Endorsot
His Race for Re-election,
Judge W, M. Key of Austin was en.
dorsed today by the bar of Travi
county in his candidacy for associate
justice if the court of civil appeal
of the Third supreme Judie’s! district,
He has also received the endorsement
of the bars at Waco and others places
and It is gratifying to his friends in
the district to know that he will not
have any opposition.
. J'
___
rescind hie contract It is not eeen how
the commissioner of insurance could
force him; nor require you who are
bound tighter then .with chains of
triple brass to throw him out, for the
law’ says you are bound. He is with-
out power to enforce.f it le suggested
< hntatum nor: Monsessedof the mental ms urun on trees nge sun-dried fruit—
carc th" A Li . compre hend the an easy prey 0 the elements, beasts
nature of the contract and know what and fowls cuts a sorry figure in this
they are dolng.be admitted and not ex- " ' ’ ' ‘
eluded solely on account of age and the
question of thelr right to rescind de-
Pend on each particular case as it
comes up and as to those for whom
you have performed your part of this
contract they will not be able to cme
back and rescind with, or without the
aid of the commssloner of irurance,
as the reclasionIs a personal right that"
can only be exercised by a live minor
not ji dead and burled one five feet
under ground.
#92 "MELBA’RYES
$ . 4490 Pin Gallons’
rh (LAgeEor Sppens os WHISKE
ma) 1O Coneumens ce rne S©VTS,„i
^LLCBATOOCXiCa^ DALLAS,n
May on Insurance, Vol. 1, Pao, 1,
This is the definition of Roccus it
• Romnic and- is substantially that
of Vallin and others. Mr. May says
no writer has improved on its terso
and expressive terms while some have
lost themselves In the subletfes of the
nterpretatlon of the different pacts, as
h Italy, where it is now denominated
ft mudum pactum, and now a con-
tractus innominatus, now a wage r
now a sctipulation, ft security, a sale,
a letting to hire. a partnership, and a
mandate The contract is , also alea-
toryofits inherent chance and per-
Fonal as it does not ncessari!v re-
quire title.
profit or that.issues benefit cert i Reft tea
to such of its -members only as may
--- - -ry figu,- ,,, .n,.
world in comparison with the people
who build the tomb of Washington, the
mnonument of Grant and the sac aphagus
of Le.
tion ' it you are not a corpora-
chnrtend.do.not pay money under a
prorteroon!y furnish services and sell
property- These do not come within
ihesrosulations. Cant Jou d0 ‘h« usn
mess. It is not ultra vires, rh. stet
dun<oT“,lo?s and etale Qemh
wyEnI to be a bar to this objection
insurance. , says the text booke,"ns
hton.carrled on for thousanae’ An
thousands of years by Individual, and
zartnerehips exercisirg Ui.. r|Kril o4
natural persons singularly or In fact "
InGresce, in Rome, around the Stedi-
urranean Eea, yea, in • Babylon ana
Mine voh whehever commerc. and the
arts nourished there the party of tho
first part and the party of the second
fzmtahuacontaininecchepfmie’ ^at
fea ure whefe the staie "(akePA
nt. tpaerhonn
pashestatsgganmned by its an
Batts- Revised Statutes of Texas
^a";."- 3,2 to 281, title
and elective representative form of
government and shall mnke provision
for the payment of benefits in case of
sickness, temporary or permanent phys-
ical disability either as the result of
disepseg accident or 'Old age; provided
that tlie period of life at which pay-
ment of physical disability benefits on
account of old age commences shall
not be under seventy years, subject te
thelr compliance with its constitution
and bylawa,"
"The fund from which the payment
of such benefits shall be paid which
Thl» decfalon |, a statutory one nnd
enco
•Ion come to the aame conefu!
8 n that the supreme court of
Kanras. did through the Fame rhuon.
I"F endthodintric Uudge there irerna
with the *upreme court, AN each sat
for itreit ,u ow# l»W»,
whether "a w "i are, not prepana to nay
lewhan "hrumintpurzoorrxnrra
andt.the.constitution of the ynited
Blate, as embodied in the fifteenth
therefor and which ho amondment, which forbids abridgment
re presentatives can de- o risht of contract, the eight-hor aw
............ Vr wix'Wi M's
public pollcy and there was one law on
contrar .for me 1 . another
women. Munerv state o Oregon, de.
cl«lon of s <• ij. h. iast weK ‛W:
dozbt tho.zaisdity.or iuea under thnt"r
iZ,aA,Wit hout reference to that of the
United states; firat, as agalnst public
policy and the theory of our govorn.
mont, and. socond, it Ia clana legisla-
tion. Ihe constitutionality of the act
rpoea i was not involved, of coure, wo do not
irntand say this is a wrong decision for Kan."
erning budy to whom the natural man
- has delegated the right to act for him
as to such and are possessed only of
,4 those powers especially given it by
”W. Their designation when created
The supreme court of Texas say»:
A contract for Insurance is an agree-
ment in consideration of n specific
sum nr sun)s payable at intervals dur-
ing, the contract to make payment in
money upon the destruction nr injury
of something in which the assured has
an interest. The, American Legon or
Honor vs. Larmour. ri Texas. .71. Thia
is the trend of the law of the court
of last resort in Texas on this sub-
ject.
In all contracts of insurance the in-
sured must have nn Insurable Interest
in the subject matter. 'must be inter-
ested in its preservation and damaged
bv its Inna. Thus in things, the ow ner,
consinnee, bailee, hirer, creditor, etc.
In life, the wife in husband’s; the
husband’s In the wife’s, credifnr in
debtor, father in son. Relationnhp,
however is not alone sufficient—the.
' interest meant is a pecunfary one '
whereby on the death a. damage in a
pecuniary sense happens. It is also :
agreed, that inenrance on a ship nr n 1
house at n fixed valuation nt an an- 1
nual premlum until one Im lost nnd the .
other is burned Is In no way dnerent 1
in Principle from the Insurance of a 1
life, at a fixed valuation and at an -
annual premlum until . death. And <
there may be between ths vigor of 1
manhood ard the decrpftude of old |
a8e the same change in value that the «
house nr the ship may undergo. In i
the one case the Insurance is ngainst •
I
the loss of capital which produces in-
come and in the other it is against
the loss of faculties which produce in-
come.
Your company does nut insure
against death nqr loss thereby. You
accept it as an assured fact that death
shall come to all and make prepara-
tion for ns happening which is agreed
will surely come to pass and that, too,
without the defense of the suicide
clause, sane or insane.
No Business Concern in Trade Sense.
The doing of wha( jour association
does is nut ft business in the sense of
Q trade—It is the exercise of a right.
You do not tell or buy anything among
jourselves nor to or with others. The
member simply purchases for himself
for a limited period, i. e.. so long as
a member a funeral and, burial as de-
fined in your by-laws. A man who
Every Woman
"amvuwanmze
I m w Byrhge.
None of these things your associa.
tion does nor pretenda to do and be-
cause your association does not do
them 1s no reason why it can not do
what it does do if it did them the
art appiles; if not. It does not a col-
lolary. There is a vast diff* rence In
a monied sum paid to another on the
mimber’s death and a service to and
supplying of things to onesseif to be
his forever in death though both be
purchased and paid for.
Asit may be contended that as sec-
tion 1 of this act does not sever your
association the following does, viz.:
Section 2."All .such ‘ associations
coming within tho description as pet
forth in nation 1 of this act, . or.
ganized under the laws of this or any
other state privonce or territory and
now doing business in (Ida stale may
continue such business and all asso-
. death benefits shall be to the families,
hrs, blood relatives, affianced I
The nrst legislation tn Texas on the
sudJeotofInsurancospems to have
been the act of May 2, 1874, acts of
legislature. It Is entitled an act to
regulate life and health ■ Insurance
companies - and all associations, part-
nerships or individuals within or with-
out the state of Texas. It uses the
wor3 assoclations, partnerships and
Individuals, but requires them to be in.
sorporated.. 11 says nothing about
those private concerns not incorporated
doing the same business. Mr. Batts.
n ’,I" annotation of the Revised
statutes of Texas, , says: -'This act is
substantially chapter 3 of the present
insurance laws, but the pharsedtogy of
chapter. Isdirrerent In that the Words.
8950 'atlons. partm-rahipe and In-
Hvl dualIs, are .left out, Shatter l re.
lates to Incorporation of Insurance
combantes. chapter 2, to their duties
anApowors. ii chapter 4, tie most im-
portant.or all, dennes and regulates
home life and accident insurance coms
pantesbut the controling rturonr
sinsprdharezsonthensuzamugkaib
- aet&(1^ eading sentenc’orthe
party In statu quo before ho can, res-
cid. An adult contracting
minor Is. always bound,
threfore optional with a
If A ho avoids or not his contract,
Hekide «' there is such a thing as
emkncipatlon of. a minor by his pa-
renks, if this is done, his contracts ar*
val We can not see how the com- at sea or in Mother Earth;oniy"(wr
18Noner of insurance can have any | all who have inhabited this earth so
cons rn In these things by virtue of far as wo know have been able to go
his :trice. What control over them bodily to heaven, notably, Elijah and the
therd Im W think belonga exclusively Christ. It is not stated what provision
to the county court of his resldence ’ Adam made for the burial of himself
Besides should the Infant refuse to | and wife, but it is taken that he dlo the
2 . . proper thing; however, It is clear that
Ahraham obtained the cave of Mach--
। polah for that just and rightful purpose
lai the stated price of 400 shekels of
‘ silver. Besides a nation's civilization is
attested in the burial of its dead as well
as in its battles,tarts, science and re-
’ 1Klon. for the poor Indian, who hangs
his dead on trees like sun-dried fruit-
Honed capable of taking the benefit at
the’ detath of the member,, then the
junction will stop attack and anrioy-
a nco against an action for damages for
slandor and loss of business: It is ques. i
tonable If justific atlon could be made
under the law crenting the office and (
defining its duties where the law is If 1
an offie ial exercsing due care doeg a
wrong yet belleves it right when exer-
rising official duties No responsibility
bucause of good faith. Iespeetfully
DOWELL & DOWELL. 8
Attorneys, 614 Brazos Street; Austin.
Texas.
' yenknounas Best, Safest, Al vays’kesabls
SOLDBYDRUGGISTSEVERYWNERE
admit babies. The contract of hifanta
are legal and voidable In law. 1 wo
classes: When contracting for neces-
saries they are bgal and binding and
can not be uvolded. It Is much a
"hlp"tsinsonytssumisoucba tt knaw hava nostex
ihanarornasu,mepotguporraguysngong"artdonstlesrzzzo""mim
auanfromthose,who pavethem to Ae.VeFme, sueh as Xot 1 in «ny lhen
1 ereaIeB a fund for that purpose aid in contracts of women thus forbid-
and other legitimate purposes in what ing an prficer Exing an I Nkow1B 12:
Is.sommonly known as a funerat and men: but n» to .Texas, a. .h, JZ.
burial of a dead human, and we doubt in any land where the
No surplus. If any, is paid over to chief alm of government is to furnish
the legal representatives of the de- Avenues to make bread and meat for
censed it being a payment only for ‘he man of blood and bones to live on.
tho actual services nnd burial property 1 would uphold n huw that excluded
to a certain amount, according to the himn fronr business and its earning and
chss. I turn them-over as rich and fertile pre-
8erverB to )tls Artificial brother who
eat#, and feeds not, han no wife and
children to support,, bears no arms in
her defense and is,in no. way respn-
•Ible for her existence. An Incorporated
right being an additoh and cumulative
not a nantagonistic one to the natural
rights of the natural man.
The legality of your association in
law is of the highest order—the mem-
n by written contract are guaranteed
necegultror an provid for.
the burial of his body as a grown up than to make provision for the burial
Infant in law I, one under 21 yeara of and instead of the national government
age, and in case of females they munt providing a bounty upon the production
not have married. if they do they be- or-sugar and the state peekliig to offer
come of age. Th,, voidable contract of “ reward fora volr’a scalp, the first
an Infant requires him to place-the beinK an acqulred taste, nnd In some
-- ■ ... sense eKemlunte. nnd the Iatier cateh-
with a !"K,n!y, nowuand ttien a ptray nheep.
it 2 guA* or pig, if it encouragfeo andfos-
minor te red. suh hlghly commendable and
beneficial institutions as these !t woul,
in our judgment, do a far more worthy
governmental net. Fur. after all, man
must submit to the power of death, and
his natural body be disposed of by tire
r in Mother Earth;
Dear Sir—Your inquiries as to
whether the National Burial Associa-
lion of America and like associations
are legal and if they are required to
have a permit from the commissioner
of insurance of the state of Texas to
do busness therein* when they are
residents* of Texas, is duly to hand
and in reply to these irquiries > we
say:
To the first, '‘Yes." •
IX) the second, "No.”
l ho Business league will meet in
regular monthly nession at Odd Fel-
lows' hall next Friday night and the
senslon will be an important one. The
South Auatin improvement club will
have a delegation there to take up the
matter of a bond issue for the, now
bridge mid the discusslon of this ques-
tion will probably be a feature of the
meeting. The Improvement club will
seek tin* league's endorsement of the
proposed bond Issue and ask the mural
support of its members.
Several speakers have been secured
for the meeting. These include Gov-
ernor Canipbell, who has consented to
addrenn the league upon some subject
of interest. Judge J. D. Moore will also
lie one of the talkers and' will ■ enter*
tain those present.in his usuul way.
There will bo one or two oer/Speak-
ers nt 01s meeting and it promises to
be a very interesting one. The attend-
ahce of all members and all who feel
an Intercut in league matters is de-
sired at this meeting.
Even a large class of this fncor-
rorated business is exemptedfronns
contro i,w hich otherwise would be in-
cluded in its terms- ' -5 ln
Ar’ile .3029, 358: "The pr..
V ।sions of this chapter shall in "no-
Wise apply to mutual benefit orgunila.
J ions doing business in this state
through lodges or councils such as the
Qrder of Chosen Friends, Knights ot
Honor or kindred organfzations•
The same exemption is made in the
law governing iife and health |n
qnGndornittigAruicle 3096, chaptor
These-are all incorporated societies
pying death benents in money and
indemnity for loss of time in sickness
Mostareall foreign, incorporated un-
i the laws of other states, doing
business by comity In Texas.
What is Insurance.
Insurance Is a contract whereby’one
for a consideration undertakes to com.
Pensate another if he shall suffe r loss.
tion to insurance companies doing
business in this state.”
Also article 3050:
Firt — To see that all laws respect-
ing insurance and insurance companies
are faithfully executed.
Second—To file and preserve In his
office all acts or articles of Incorpora-
tion of insurance companies.
Batts’ Ke vised Statutes of Texas,
volume II. pages 345, article 3050;
paragraphs.! and 2.
These are the only provisions of law
which in any sense whatever could be
contended as giving any Jurisdiction
over ihe class of business such as
yours. As his other duties relae
to banking and history not pertinent
to the legal information asked for, so
we do not discuss them. As your
assoclation is not an insurance com-
pany and the - above . being the only
authority that would commit the as-
socjatton to his jurisdiction, it is clear
that he has no control by the act
creating his office and defining his
duties. .
A Partnership.
The object of your association, as
r shown by the articles of its associa-
Fbu. tion and by-laws, are as follows:
% r ‘ The Object.
pF "The object of this association is to
V provide a fund for paying the funeral
9 and burial expenses of deceased mem-
I bers and not to provide benefits for
I surviving relatives.”
From this we conclude that it is a
| burial association pure and simple-
r not a corporation—and its legal status,
I in our judgment, is that of a voluntary
limited partnership for the purpose _of
making provisions for the burjal of
the natural bodies of its deceased
members only. The primary object
I of the contract being the funeral and
| burial of each contractor's own body
and as a necessary consequence thereto
the burial of his cu-partners' bodies
who die before he does, so long as he
/ is a member. This 'being true under
'v the law like any purchase, whether
L ..buying n suit of clothes, a hous or a
lot or farming or stock raising are not
up to this time committed to the con-
trol of the commissioner of insurance.
Funeral and Burial Expenses.
The word "expenses" of a funeral
and burial as here used are to be
interpreted in a liberal sense and mean
I the preparation of the body by em-
. baiming or cleaning, putting on tho
grave clothes, transportation to, pur-
chase of required grave lot, depositing
I the body, in the tomb As its final place
of rest and with or without’, religious
or fraternal services. These ore, in
bther words services performed and
things bought and purchased for tha
deceased-- the title to. Which as well
as the use. becomes vested In him
forever. • This is not flling insurance
. nr paying indemnities for loss, it is
not a loss to oneself to die—it may be
to others Interested in his life to
whom Insuranc or Indemnities may
be (.aid for their mnonled loss. It is
appointed unto all men to die, says the
. goo,] book. The inherent forces that
1 produce life also bring with them its
destruction. This would be enough to ’
exempt it from the control of the
pommissioner of Insurance, for where
there is no Insurance, there is no con-
trol. .
By reference to the law Treating th. '
office we see that the duties and i
PoWera of the commissloner of Jnsur- i
ance, among other things, are as fol- t
lows:
i Article 3047—"The commfsploner or ,
’ Insurance is charged with the execu- f
i Don of all laws now in forro or which I
I may herpatter be enacted in rela- i
’a lie following is a very able opin-
ion of Attorney John Doweil of this city
upon the rights of Burial associations
to operate in Texas. This opinion is in
reply to recent rulings of the state
insurance department and is a most
exhaustive, thorough and convincing
argument as tq the facts involved.
It reads as follows:
over him—if incorporated it goes un-
der the control of tills officer. An in-
persons doing the same character of
business in Texas on account of their
Texas Insurance Acts—Laws.
As the commissioner of insurance,
as we have seen, is to execute the in.
mi rance laws of the state, if your as-
sociation was doing an insurance busi-
ness, does It affect by its terms. No,
because It is not an incorporated con-
cern. That act deals exclusively
with or forbids the carrying on of
tne business of insurance by in-
dividuals. Natural persons.
- History of This Legislation.
The history of this legislation may
throw some light on this subject be-
fore we 80 into the language of the
act itself.
Fraternal Beneficial Associations.
Fraternal beneficial Associations that
shall.be known as the benefit fund, and
the funds from which the expenses of
such aseociations shall be defrayed.
'earning lion seeking whom lie may
devour, and Indeed from an examina-
tion of Ihe law governing it it has no
control over the private business of
the citizen. All offkces are created
with the general view of transacting
public business not private, and the
control that is given the office of com-
missioner. of insurance, banking and.
history is given for the purpose* of
aiding m and bettering the business
committed to it and to some extent is
virtually transacting of it at all times
and at other times administering of it
solelyandexcustvelyousttngthefor-
mer owners and operators. This be-
ing true, it must be some such busi-
ness that the state is interested in its
administration and thereby in some
mneasure charged with* its good con-
duct for example, an artificial person,
created by ft and operating by its au-
thority, while over the natural person
and the ordinary mercantile pursuits
of life he follows and his acquisition
and dispositon of property it has no
administrative control, except the
right of taxation. And as we shall
hereafter see while he is charged with
the control of the insurance business
Interests of the state It is purely
those that are corporatlons and derive
their authority from the state. This
being true, It is very Important to de-
e termine the status of the corpus of
your Association.
L corpus. The natural one is the man
r of blood and bones who owns this
country and exercises all rights un-
trammeled---that are not malum in se
—that are nut by him delegated to
i censtituted authority to perform for
1 him. Or in other words as to him
there are delegated rights and reserved
rights. All rights not delegated are
possessed while an artificial person is
n creature of law, formed by the gov-
•----*— g
“'ENTS
—
‛ame
to his control are statuary creatures
erected by thi act, the legal definition
Foreign and Domestic Business Rights.
There is a distinction in law between
the rights of domestic and foreign
business in Texas. Your association
being domestic and a resident of
Texas, It is hot required by law on
account of such to obtain any permit
from the commissioner of insurance
unless it is committed to his control
by law. because of the nature of the
business. So that in passing upon its
legal status on this point it is done
of which in no way fits mere burial
it is certainly signincant that Miss Oakley, the celebrated rine (hot and theatrical star,
who has traveled so extensively abroad, should choose Newbro’s Herpicide as the mostef.
cacious toilet remedy for the'scalp. No one will doubt her opportunity to choose the best’
and those who have seen the natty and winsome Miss Oakley will not doubt her power of
discrimination in matters of this sort.
Newbro's Herpicide is a scientific germici de and prophylactic for (be hair and scalp. It
destroys the germ or microbe that causes dandruff. Itching scalp and falling hair, after which
rhsuhtstsomtimnew tnnnneda "seP, "Naasrssofztrppzsdee baldness 2xraordinary
hros Herpleide is the da Intiest and most delightfully refreshing hair dressing available. The
first application proves its goodness. Try it.
Herpicide contains no grease, it will not stain or dye. 4
t . ca 5TOP8 ITCHING OF THE SCALP INSTANTLY.
DeTw R * S1.50 and 3 1.20. At Drug Stgre Send 10 ®«n“ in stamps to The Herpicide Co.
10865 Sridrtro.tsMioh- for * sample. Quaranteed under th. Food .nd Drug, AcL Jun« id?
INSIST UPG N HERPICIDE.
* son
lera mo-
corporation society or voluntary asso-
ciation, formed or organized and -car-
Chamberlain's Couah Remedy it Both
Agreeable and Effective.
Chamberlnin’s Cough Remedy has no
superior fur coughs, colds and croup,
nnd the fact that it l« pleasant to take
and contains nothing in any way in-
jurious has made it a favorite with
mothers. .Mr. W, 8. Pelharn, a mer-
chant of' Kirkavill, Iowa, says: "For.
more than twenty years Chamberlain's
Cough Remedy has been my leading
remedy for all throat troubles. It le
especlally successful in cases of croup.
Children like it and my < ustomers who
have used it ’will .not take any other.”
For sale by all druggfsts.
--— -------
Baraca Delegate to Naehvilfe.
Pan Antonlo, March 28.--R. H,
Wester, a promninent Baraca worker
of this city, has been selected by the
Travis Park Methodist Episcopal
(hutch ar the lay delegate to a con-
ference of all the churches to be held
on April 21 in Nashville. Tenn. It is
probable that he may be the only del-
ete from-Texas.
-------------------------------
This act deals alone with fraternal
beneficial associations and has noth-
ing to do with those mere monied or.
Banizations that have no fraternity in
them. The word, fraterai, hero
gs used is in the sense of a personal re-
well be said he has jurisdiction over aptronnsuch A Abrother by blood, by
the trousers one purchases in life to AEeen H5.by love and expresses a
1 • • h -eenR.ot the heart irrespective of a
Is mental calculation of how much money
is in it for the calculator and ineans
a society or order which always em-
braces an assocation, though an as-
sociation is not always a society or
order such as the Marons the- Odd
Helows, Knights of Honor, the Fran.
san Monks and the Thracian "Sacred
Band, who even wore warriors It
contemplates the cultivation and pro-
PoEation among the members or
brotherly love and feeling, generally
posses a lodge, rltualastic work, signs,
gnps. pledges, and carrying, the
Christian faith, such as belief in the
exestence of a God or a Supreme
Being, or, in other words, being an as.
2latlon that is a society or order as
set out and well described in the ac t
[(self of course there is no fra-
ternal feature in your association—It
being only a monled concern and this
of itself would exclude it from the pro-
visions of this act. The caption of
the act is to regulate fraternal
beneficial socleties. {It 5s clearly our
opinion that an assocition to be af-
fected by this act must be first fra-
ternal in the sense above stated and
her* is not one of title, but of the
exercise of |i right without the aid and
consent of a governmental official.
■Xi
axmahap
ML to ILllHn
Fryvents Contagien,
THGEVANSCMLMALCo,
CindixAn,a.
‘ Ui.a. J
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Imboden, W. M. The Austin Statesman (Austin, Tex.), Vol. 39, No. 89, Ed. 1 Sunday, March 29, 1908, newspaper, March 29, 1908; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1463858/m1/15/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .