Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-11-08

trustee, has been paid by him to his account
at his bankers the person for whom
he holds the money can follow
it and has a charge on the balance
in the bankers hands, even although it Is
mixed with his (the depositor's) own money;
also that the bank cannot be permitted to as
sert It's own claim to the balance of the agency
account against the equity of the beneficial
owner, when the bank has notice, either actual
or constructive, of such equity. The decree
of the court below is therefore affirmed. The
opinion was by Justice Matthews.
A decision was also rendered to-day in the
insurance case of Caroline Klein against the
New York Life Insurance company, in which
is presented the question whether the penalty
for the failure or non-payment of premiums
expressed in a policy of insurance, can be en-
forced in all cases regardless of excuses or rea-
sons which may be assigned for default This
court holds that it can; that excuses offered
for non-payment of premiums can
not be taken into consideration;
of the company from liability on the failure
of the insured to pay the premium when due,
is the very essence and substance of con-
tract of life insurance, and that to hold a
company to its promise to pay insurance,
Notwithstanding default of the insured in
making punctual payment, is to destroy the
very substance of the contract. This court
of equity cannot do. The decree of the
circuit court is. therefore, affirmed. The
opinion was by Justice Wood.
THEIwH1sKY TAX.
The internal revenue bureau does not favor
the proposed reduction of the whisky tax
from ninety to fifty cents per gallon. In his
forthcoming report Commissioner Raum will
neither recommend the reduction nor will he
advise against it. He will state the amount
of revenue derived from whisky and, that the
proposed reduction will cut down The amount
without benef1ting producers or consumers.
Several officials regard the move for reduc-
tion as inaugurated wholly by middle men,
who they say would make all the profit. The
whisky trade will oppose the reduction,
as millions of dollars worth of whisky are
held in bond, and to reduce the tax would de-
moralize trade badly. The commissioner may,
in his report, point out this effect.
There will be determined effort made to
get congress to reduce this tax, and it is said
big lobby, with plenty of money will be here
in the interest of the movement. The infiu-
ence of the treasury and revenue bureau will
he against the reduction.
ALL MISTAKE.
Ex-secretary Window, referring in conver
sation to-day to the alleged difference Of opin-
ion between President Arthur and Attorney
General MacVeagh, at recent meeting of the
cabinet, said that, while he does not think it
proper for him to discuss the nature of the
business transacted at that meeting, he has no
hesitation in saying that the published ac-
count of the proceedings is entirely without
foundation in fact. Nothing occurred
at that time which would warrant
the assertion that there was any exhibition of
i'll feeling on the part of either gentlemen
mentioned. The questions under considera-
ton We're discussed in most friendly spirit,
without excitement or disagreement, and no
personal criticisms were made by any one.
Contrary to reports, the ex-secretary added
that the meeting was perfectly harmonious
in every respect.
AQUEER REQUEST.
The commissioner of Indian affairs to-day
gave audience to a delegation of Sacs and
Foxes, endeavoring to obtain the Great
Fathers consent to the payment to them
of $4,000 accumulated annuities, without
being obliged to sign the pay roll,
as required by law. The reason given for the
refusal to sign is, thatit would be disastrous
or "bad medicine" to use the names of their
wives and children for any such purpose. They
offered to append their own personal sigma
lures.
THAT MILITARY SCANDAL.
AHo haoSdCHuseIIo CoHluuiItec investigating
the charges of misconduct against members
of the Ninth regiment, on their recent visit to
Yorktown, visited police headquarters, closely
questioned Lieut.. Polico, and thoroughly
searched the police records, but did not find a
single charge of misconduct against any
member of the regiment during their stay in
Washington. The committee left this after
noon for home.
HATTON ON DECK.
First Assistant Postmaster General Hatton
has returned from Iowa and resumed charge
of his Office. He will also act as postmaster
general during James absence.
OBITUARY.
Bushrod Birch, for eighteen years disbursing
officer of the treasury department, died to-day
in Pittsfield, Mass, after long illness.