Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-12-02

Fauqncr pay torty-uine frticlhs Of all taxes
and cast over 500 majority. Her representa-
tives and loca officers who lay taxes for the
support of free schools are Conservatives. Her
county superintendent who examines into the
qualification of teachers and all her school trus-
tees who appoint teachers are Conservatives,
and there are, we believe, thirteen schools for
the education OF coored children within the
county. The rule has been to appoint qualified
colored persons to teach these at the same com
peDsaton paid to white teachers. We believe
this rule wrong, because their example, II not
instruction, exercises pernlclous political IN
fuence over the nsiug generation. 't"rTe"t""
Mler.
RAPIDLY RECoyERING.- The Richmond
correspondent Of the Petersburg News, reports
Mr.. Edgar S. Hutchluson, who attempted to
commit suicide last week, as rapidly recovering
from his injuries. He will lose the sight OF
both eyes, Du! on Wednesday was so much lm-
proved otherwise that he was removed from
the iufirmary of the Medical College to his
residence, corner of Second and Main streets
| Though there have been various spccu!atloas
as to The cause of his attempt upon his lilc, it
is fact that only one or two persons know the
real raasou therefor. hlr. Hutchinson himself
has only confessed it to his wife"
Mrs. Witchcr widow Of Oliver Witcher,
deceased, committed suicide at her home in
| Pilt>yvauia county, last Thursday. The &C.
count is that she took loaded gun and going
Into room alone, shot herself
Life Insurance Decision.
The following important decision was recent
~ rendered by the Circuit Court OF the United
States Tor the Western District Of Tennessee:
CIRCUIT COURT OF TIE UNITED STATES FOR THE
WESTERN DISTRICT OF TENNESSEE.
". f. Int ct al, Heirs Of Doctor Smuel
Bond. deccasIT u.s. Ncv York Lje h,sar-
oucc e. mp ,ny Commons, j.
A policy Of Insurance which lndcnntcs
public enemy against loss in time of war is un.
ties, is abrogated when they occur The re-
lations it establishes are illegal between bellig-
ercnts.
When life policy provides thar it shall be
void upon the non-paym"nt Of premiums with
| 10 the time prescribed, such payment is a con-
dition precedent; time is OF the essence Of con.
tract aud there can be 20 recovery il punctuai
! payment is omitted.
Where the performance Of Il coudiion pre-
cedcnt becomes unlawful, or by tie act OF God,
impossible, this will not authorize u recovery
upon the coutrac, without performance. Such
case distinguished from those in which subsc-
queut lupossibty and ilegallty are relied
upon as defence.
4 contract OF insurance, the continuance OF
which depends upon the election and acts OF
the insured Is not like debt, the obligation
Of which is absolute, and which is suspended
only hy war.
The relations between the members of a cor
puration for mutual insurance present all the
evils and are dissolved by war for the same
reasons as those between ordinary copartncrs.
The reasons for the dissolution of ex"cutory
contracts by war are not alone that such c0n-
tracts involve inter-coumunlon across the hos
tile lines, or that they rel late to property liable
to capture; but more especially because their
| execution increases the resources OF the enemy.
4 court Of equity has no authority to decree
the specific performance Of an agreement in
favor of party WHO has failed to perform a
condition which is of the essence Of the con-
tract although prevented by its becoming sub
scquently illegal or impossible by act Of God.
4 court of equity will not relieve a party
from the effect OF emitting to perform au act,
although the omission Was caused by subse-
uuent legality imposslbility arising from
the act OF God, where such act was merely OPP
tional, and the other party had no right to en-
force its performance.
The agency Of one reprc> eptng an insurance
! COMPANY, authorized to receive premiums and
renew policies, becomes unlawful when the IL
sured and Insurer become public enemies.
Humes 4 Poster, for plaintiff; Randolph,
Hammond i Jordan, for defendants.