The Algona Upper Des Moines from Algona, Iowa on May 26, 1936 · Page 5
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The Algona Upper Des Moines from Algona, Iowa · Page 5

Algona, Iowa
Issue Date:
Tuesday, May 26, 1936
Page 5
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Does Benevolent Society Go Under Insurance Laws? 01TOSEN SENIORS HAVE BUSY TIME Banquet, Class Flay and Commencement Follow Each Other Ottosen: The junior-senior banquet was held last week with a three course banquet served. A theatre theme was used. "Rudy Vallee" Klnseth presented the cast, and "Zasu Pitts" Thorson gave an address of welcome. "Jean Harlow" Hanson delivered the response, with "Wheeler" Llest and "Woolsey" Bratlund presenting a skit. Hot gosslup was dished out by "Winchell" Liest. Seniors graduating were Eileen Schneider, Charlotte Klnseth, Delorea Klnseth, Pearl Hanson, Floy Cooper, Mary Welter, Roy Kramer, Jacob Liest and Marvin Kropf. The senior class day exercises were held Friday evening, May 22, at the Ottosen high school auditorium at 8:00 o'clock. Following was the program: Salutatory, Pearl Hanson; class History, Marvin Kropf; Class Record, Delores Kinseth; Class Poem, Jacob Liest; Class Will, Charlotte Klnseth; Class Prophecy, Mary Welter; Class song, sung by the class, written by Eileen Schneider; Valedictory, Ray Kram- cf. The senior class play, "Plain Jane", a four act comedy, will be presented Wednesday evening, May XT, at the Ottosen high school assembly at 8:00 p. m. The cast consists of Eileen Schneider, Charlotte Klnseth, Delores Klnseth, Floy Cooper, Pearl Hanson, Mary Welter, Ray Kramer, Marvin Kropf, Jacob Liest, Leo JVehrspan and Connor Starin. Commencement exercises will be held at the Ottosen high school assembly, Thursday evening, May 28, at 8 p. m. Following is the program: processional, small Instrumental group; music, "Come Forth 'Tis May", Girls' glee club; address. "The Call of the Horizon", Oscar C. Hanson, dean of men, Concordla College, Moorehead, Minn.; music, "On a Chinese Honeymoon," small mixed chorus; presentation of awards, Supt. U. P. Truesdell; community players; presentation of class, Supt. U. P. Truesdell; conferring of diplomas, Miss Naomi Struthers, secretary, board of education. ADVANCE ARTICLE DRAWS FIRE Clark Orton, Secretary of Benevolent Society Explains Case VOTE FOR OK] JOHN FRIDERES FOB COUNTY SUPERVISOR On Democratic Ticket FIRST DISTRICT • Your Support Will Be Appreciated <-* / ii\ *' / x&5fc Beautiful Wide- Brimmed Hats Wo have them for the bride and her attendants and for general wear with cool summer things. White and pastel colors. Bridal veils for those who plan more elaborate wedding costumes. THE ELITE Summer Clothes Need Special Care And Modern cleaning gives them the special care that they need. Send your white clothes and they'll come back pure white, NOT gray and dull. They'll come back the right size, NOT shrunk. You can send your most delicate frock without worry. And in spite of the EXTRA CARE that your summer clothes get, Modern cleaning costa no more than ordinary methods, Modern Dry Cleaners Phone 537 LUGGAGE No matter how you travel or where you are going you'll find greater satisfaction and prestige if you are equipped with the right luggage. Now is the time to purchase and save. Luggage) ia always an acceptable gift. We liuve a complete new line of Sjuiison Luggage iu runge of patterns and prices. $1.00-$9.00 Lightweight Straws 98c-$3.00 Madson& Hanson Synopsis of Advance Article Court action to disband the United Counties Benevolent Mutual insurance association, was started In district court here last Wednesday by the State of Iowa. Clark Orton, Algona, former district court clerk, is secretary of the association, and H. J. Sherman, Wesley, Is president. The case results from a suit instituted last fall by an Km- metsburg woman, Mrs. Ada M. Anderson, who Is seeking to collect $1,000 benefits following the death of her father. The father was given an Insurance policy, swearing good health. The association declares that he was suffering from, and had been taking treatments for diabetes, prior to taking out the policy, and that this voids the policy. Ray Murray, secretary of insurance, declares the association has "failed, refused and neglected to comply with statutory provisions relating to the selling, or offering for sale, of insurance." Mr. Orton stated that the association is not an Insurance company, hence is not required to abide by the rules of the Insurance department. It is incorporated as a mutual benefit association. There are more than 2,000 members at present, with more than $2,000,000 in certificates In force. Orion's Explanation Dear Mr. Dewel: As an officer and organizer of the United Counties Benevolent Association and as an individual member, I wish to call attention to the unjust, biased, and untruthful article you carried in the last week's issue of your paper under the glaring and sensational headlines of ORTON BENEFIT SOCIETY 'ILLEGAL'. I charge, Mr. Dewel, that you manufactured the story out of whole cloth and that you printed the article in a manner and way as to intentionally convey to the public mind that our organization was operating as a "racket" and, as a result, were in the toils of the law. You did this with malice and aforethought and if your act was not a libel, it was an unjust and slanderous attack upon the chraacter of our organization and an insult to its members. It cannot, help, in spite of any future action, but work great injury to our organization and its member.). My first objection to your article is, the fact that you have publical- ly tried and decided an action at law, brought before a court within 24 hours from the time it wu fllec and In which there had, as yet, been no time in which to file even an answer. The petition was filed at 10 a. m. May 20, 1936. Notice was served on me the afternoon of that date at my office. I went immediately to the clerk's office and called for the defendant's personal copy and was told that yau had been there and must have taken it. I went to your office and you had the copy and gave it to me. To this there Is no objection. The point I wish to make is: while I was at your office you had every opportunity to Inquire Into the merits of the article you were about to publish the next morning. You not only neglected, but for some reason avoided doing so. Knowing your proclivities as a sensationalist and without regard to whose character or reputation you are attacking, together with the animus connected with the case, I cannot say that your article surprised me. If my memory serves me correctly, as a result of the Advance's efforts to breed true to name, that paper has twice, during the past year, been responsible for cases being filed in the district court calling for a change of venue to another district, bringing consld- able embarrassment to the court and cost to the tax payers. You apparently consider it the duty and office of the Kossuth County Advance to decide petitions of law brought In the district court —leaving only to the court the duty of entering judgment. This you have done, Mr. Dewel, under the headlines—ORTON BENEFIT SOCIETY 'ILLEGAL'. As an injured party to your style of journalism. I wish to complain to the judge, presiding at the June term of the Kossuth county district court, and ask his protection and that he put a stop, by court order, to your unwarranted interference with court procedure. The case above referred to was not an action brought against Orton, nor was it an action brought against any officer or member of the United Counties Benevolent Association, but against that organization as a corporation. The state's petition does not refer to any irregularity or misconduct on the part of that corporation, as your article implies. Nor does it refer or even mention, in any way, the case you headline as "Suit Starts Investigation". I doubt very much if the commissioner ever heard of this case. Had you been looking for actual facts for a news items, I would have gladly furnished you with the correct Information when I was In your office to get my copy of the petition, but you had a wonderful "scoop" all cocked and primed to suit your own peculiar taste and style and you were not looking for facts or the truth. Therefore, you did not know, or purposely Ignored the fact, that our association had been sued finder a blanket form of complaint, which was also filed again seven other associations in various district courts In Iowa with the sole object of testing whether or not these organizations were benevolent associations under Chapter 394 of the Iowa Code or were insurance companies. The state's entire case as you well know, is summed up in their prayer which runs as follows: "Wherefore plaintiff prays that the defendant be ousted and excluded from carrying on an Insurance business and from exercising powers not conferred upon it by law, and that it have such other and further relief as it may be entitled to in the premises, and the costs of this action, and judgment therefor." For your further information I will say that we have no quarrel with the insurance commissioner. If the court decides that we are an insurance company then we must reorganize and comply with the insurance laws. Our objection to this is that it will cost the certificate holders more than double what their protection now costs as a benevolent association. Again the insurance laws are framed to comply with the requirements ol million dollar corporations, and are not applicable to a smalt local organization. Your statement of "How the Society Operate*" ia a jumbled affair and entirely a misrepresentation of the true facts, which were available had you the desire to obtain them. Your headline, "Orton Says The Plan is Not Subject to State Law" Is untrue, Mr. Dewel. I plainly stated "Not Subject to State Insurance Laws." Your article, as a whole, is filled with misstatements of facts with an absolute disregard for conveying the truth to the reader's mind. I am referring principally to the statements made under the headline "Suit Starts Investigation." The action started by Mrs. Anderson's attorneys is in no way connected with the state's case. You have connected this action with the state's case to frame your story and convey to the public's mind that this case brought on an investigation by the state, notwithstanding you had previously reviewed the records and knew the contrary. To clear this implication I will brief the facts as the evidence will show. Charles M. Steel was Issued a and the judge gives this court order, I will issue the call on all certificate holders who were members at that time and I am quite sure they will respond liberally. While I am conscious of the motive. It is inconceivable to me that \ ?-!"'?" man ln n community should attempt to destroy another buslness-especially a business organized with charitable ends in view. It is worse than a small boy throwing stones at window panes. In conclusion: As an officer and member of the United Counties Benevolent Association, I am justly proud of the organization we have built and of its record. frnm T't *,' !ncIudin K members from 5 to 15, we have over 225 members In good standing and during the period we have operated have never had a death. This protection costs $1.00 for membership and has not cost a cent to Its members since they joined Group 3 B. C, and D. nge 16 to 59 have paid less than Jl.oo (or d.h« P er * e for death benefits. We have had The first W P «r. melt l bershi P was small. We are now issuing the call for the second death, and hope ° f $1 '°°° which certain knocking *n s of Old Line Companies ^ T Unit pay , to P revent is simply an old age group e group for funeral benefit from age 60 to CONCRETE MILK HOUSE PAYS FOR ITSELF WITH BIGGER MILK CHECKS D AIRY farmers and health authorities everywhere know the value of a concrete milk house. Easy to keep clean and odor-free. One of the surest aids to lower bacterial counts, higher grade milk and bigger milk and cream checks. A concrete milk house costs surprisingly little to build. You can do it yourself or get a local concrete builder. Send today for a free copy of "Sanitary Milk Houses." It contain* suggested designs, specification, drawing—everything you need to plan the job. f «ti eitck IIU 99 ftnnr poilat lor utvaturt an Qtktt u6j*c<j NBTUNO CEMENT ASSOCIATION 40» Hubbell Bidg., Dti Moiou, low* Q Dairy Btra Fleon D Fo Q MiAk Cooling D8oL_. Tuka n Tankt.' a SUo* a ftvOuv Hbum P Fcedic* neon a fcpticYii^ certificate August 25, 1934, on the strength of a signed application, representing that he was In good health and free from all malignant disease, cancer, diabetes, heart trouble, etc. On March 2, 1935, Mr. Steel was found alongside the road sitting in his car—dead. A coroner's jury brought in a verdict of death by heart failure—not diabetes as your article stated. I checked :he case for the association and [pund unlimited evidence that Mr. Steel's health had been grossly misrepresented in his application and so reported. Article IX of our By-laws provides—"Any certificate holder who at the time of joining this association, who was suffering from cancer, diabetes, heart failure, hardening of arteries, etc., etc., or who has resorted to misrepresentation to secure the preelection of the society is open to expulsion by the board of directors and lie. or she, is at all times barred from receiving the relief ordinarily granted." In explanation of Article IX our circular states—"If any member has knowledge of any person who has obtained a certificate in this organization In violation of this article it is his duty to report such information to the secretary, etc etc." and again—"Where the death certificate shows, or there is evidence to prove that such certificate has been secured through fraud U it> the duty of the secretary to refuse to issue a contribution cull, unless co-ordered by court." After due investigation, I notified the beneficiary (his sister—not his daughter, as your paper stated) that as secretary, from the investigation I had made, that in justice to th<j members of the organization, I could not issue a contribution call and no call to this date has ever been made or one cent collected from the members of this organization for Mr. Steel's death. On September 10th, 1935, Mrs. Anderson's attorneys filed a case in the district court of Kossuth county asking for a'court order to force me, as secretary of the United Counties Benevolent Association, to issue this call. Our attorney appeared to defend. The plaintiff's attorney failed to appear. Since that time, four terms of court have passed and as yet, we have never been served with a trial notice. If the case comes up in the future rp. -;- *•• »BC UU IO , ...A r ?. up is sma " and the • We have had six we reach a 350 members from J12 to $15 per year EmmeUburg Girl Wins $10,000 For Best Novel Mrs_ Winnifred Mayne Van Etten daughter of the late L H Emmets "urg, postmaster Ottosen Rural Club o help celebrate Mothers' rhe program opened with « welcome talk by Mrs Start" 2 e byMr I ,• .m.. . «, by Mrs. Landers, and a reading by Mrs Loren Daniels. A two course hmcheon was served in the base- commu nlty singing was enjoyed. BANCROFT NEWS Bancroft: St. John's commencement exercises will take place on °" The graduates are: Leo. B Block- r, Maynard J. Bolster, Lillian M. Elt Pae h d r!' Ra * mond N. Hellman Elizabeth A. Inman, Delores C Le ^orte, John J. Lynch, Maxine M. '•"""••:hy, Gordon C. McDonald J. Murphy, Joseph E. Saunders, Richard P. Schiltz, Mary F Scniltz, E. Patricia Sheridan Rosemary U. Welp, Dorothy I Wil-1 helmi, Mary B. Williams and Rob- ' ert L. Wolfe. Mr. and Mrs. Otis Vaake and Sylvia Haupert were visitors in Fort Dodge Thursday. Harlan Earing, Rolfe, spent Sunday witli his grandparents, Mr. and Mrs. Tlios. Guest. The carnival at the Bancroft high Earl S. Kinsey (Duke) Democratic Candidate fur CLERK OF COURT Kossuth County Your support at the June Primary will be sincerely appreciated. 20-21* school which was held Inst Thursday was well attended. Vera Morris, teacher at the public school, attended a state home •conomics meeting at Ames Saturday. Mrs. George Carmean returned hcrne Wednesday from n visit with her daughter. Mrs. Rarl Elliott at Rockford, III. Colette Rockier entertained the pupils of her school nt n picric on Thursday. She teaches the John K'<rsten school. The members of the faculty and the seniors of the Bancroft high school, enjoyed a picnic breakfast Saturday morning. Mrs. Lee Brown. Omahn, visited from Wednesday until Friday at the home of her mother, Mrs. >et- er Berens, who Is ill. Mrs. W. O. Murray. Mrs. Bridget Quinn and daughter, Margaret, drove to Fort Dodge Thursday to visit the Rev. Robert Quinn. Father Quinn is a son of Mrs. Quinn. Mr. and Mrs. Cletus Deitering drove to Belmond Friday. Mrs. J. Underkofler returned to Bancroft with them for a week's visit. Mrs. Underkofler is Mrs. Deltering's grandmother. Mr. and Mrs. M. A. Saunders, Mrs. C. M. Baker, Isabel Saunders and Mrs. W. J. Welp, the latter of Humboldt, drove to Windom, Minn., Sunday to visit at the Chas. Skill- Ing home there. Mrs. Shilling is a daughter of Mr. and Mrs. Saundors and a sister of the other ladles. 5-YEAR \ PROTECTION ^ —THAT'S WONDERFUL! ••MM^ . IT CERTAINLY IS i FRIGIDAIRE'S SEALSD-IN \ MECHANISM COMES JO YOU PROTECTED AGAINST SERVICE- JEXPENSE8YA REMARKABLE NEWS-YEAR PROTECTION PLAN! ^"d" ffrt iri'4i' VKIGIDAIRK /,-//// ////I Mi;ri:i:-. Hisfcii' EASV TERMS AT BJUSTROM'S Home Appliances Algona Swca City "A Public Office Is a Public Trust 1 ' Vote For Gilbert Hargreaves Republican Candidate for SHERIFF of County Your Support Will Be Appreciated Why Not Elect a Farmer to the Sheriffs Office For the Bride's Home Any painted wall looks fine for a while, but unless it can be washed it soon becomes unsightly with spots, stains, smudges, and grime. When you use Lowe Brothers semi-gloss wall paint, Mello-Oloss, you worry no more, because once over with soap and water brings back its first-day beauty. Easy to apply, covers or hides the surface well and can be used on plaster, wallboard, woodwork, metal, burlap, or canvas. Before you paint, see our PICTORIAL COLOR CHART — a colorful selection of exterior and interior illustration*; done in actual paint. F. S. Norton & Son Phono 229 Algona, la. He Will Be a Good Senator CLYDE L. HERRING Democratic Candidate for United States Senator He was reared on a farm and knows agriculture's needs. He is trained in business and has given a business-like administration as governor. He knows Iowa and would sceak her TRUE VOICE as United States Senator. A VOTE FOR— CLYCS I, In the Iowa Primary EJ-ctirn M.^-Hoy, June 1 WILL BE A VOTE FOR YOUR OWN BEST INTERESTS THIS ADVERTISEMENT PAID FOB BY FRIENDS OF CLYDE L. HERRINO

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