Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-04-04
UNITED STATES sU IRENE COURT
several l.por.an, Decision. Rendered.

WASHINGTON, April 8.
A decision was rendered by the supreme
Cont of the United States in the life l"sur-
ance case of the Knickerbocker Life insuf-
ance Company of New Yor.., vs.. Bartholomew
Foley. This was q suit to recover Tue
amount of life insurance of one Badenn0p'
debtor of present defendant in error. Inc
company set up Is defence that the policy
was void for reason that the insured gave
untruthful answers to questions: Is Tue
party of temperate habits!" has ne always
been so?"
To prove that the answers given to these
questions were untrue the company put IN
evidence to show that the deceased had oe-
lirium tremens before the time when ne maue
application for insurance. The court at the
trial below charged the jury that occasional
use of intoxicating liquors did not make the
deceased man of incorporate habits, nor
would an exceptional case of excess create
such a condition as to justify an application
of this character to him; that the attacks OF
delirium tremens may sometimes follow
single indulgence, and that If habits OF as
sured in usual ordinary and every day routine
of his life were temperate representations
made not untrue within the meaning OF policy.
even though he might Rave had an attack OF
deIirium tremens from exceptional over in
diligence. To this charge the company took
exceptions and it is the principal assignment
of error in the present appeal. The view
taken in the court below is here sustained
and its judgment affirmed. Opinion by JUS
tice Field.
An important bank tax decision was rem
dered BY the court today on the case Of GER
tain stockholders of the National Albany
Exchange bank to recover taxes paid into
the treasury of the county of Albany. 1t
was maintained in behalf of the stockhold-
ers thrt the taxes were illegally assessed, be-
cause the state law violated the restriction
imposed upon such assessment by the U. ).
statutes in that it did not permit the share
holders to deduct the amount of his debt
from the valuation of the shares. 1t was
therefore void, for as it related to the shares
of stock in the national banks. This view
of the case was sustained ny the court below
and judgment was rendered in favor of the
stockholders. This court holds that the in
validity of the state law does not necessarily
invalidate it in toto. The New York state
law is in conflict upon single point with a
federal statute as far as that point is con-
cerned it is invalid but in other respects it
must be held to be operative. 1t does not
appear that any shareholder for whose relief
the suit is brought ever asked to have his in
debtedness deducted from his assessment OF
had any such Indebtedness to be deducted.
Their cases therefore are covered not by the
invalid but by the valid part of the state law.
The judgment of the court below is reversed.
Opinion by Justice Miller.
Another important decision was rendered
by the court in the case of theWestern Union
Telegraph Co., plaintiff in error, vs.. the
State of Texas. The question presented by
this case is the right of State to impose tax
~
and received at all the offices within its limits.
The court hold that the taxation of messages
which originate or go outside is the regula-
ton of interstate commerce, and as such is
beyond the power Of the state. The taxation
of government messages is also unconstu
tional for the reason that it is the taxation by
the state of the means employed by the gov
eminent of the United States to execute its
powers. Opinion by Chief Justice Waite.