Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1891-06-05

The STATUTES ARE NOT Expl lcl1
ON A COMMON SUBJECT.

suicide Under the law is rather a diff
cult thing TO define Ii is narticul.rIv
uncut IN view Of the different rulings
mat the courts Of different statas have
adopted. The provisions of insurance
poiic'es are so varied and contradictory
IN Their terms that it is next to impos.
Sibie to say what is the general rule
IN case brought before the supreme
court OF Michigan the argument was on
an insurance policy the terms of which
covered hurts from accidents but not
suicide. The question of INSANITY on
tered into the determination. of course
vi 'ne case, and the verdict was that if
the insured killed himself, while insane
ana not conscious Of what he was doing
the act was not suicide within the mean
ing OF the policy, nor was it within the
exception made in case of death result
ing from bodily disease, and that a re.
coyery could he had on the policy
| Inc decision of the court was to the
effect that on the question of voluntary
suicide, Intentionally committed by
sane man in the possession of his facuI
ties, knowing how to adopt means to
ends, and conscious of the immortality of
the act, all authorities agree that self de.
struction is within the exemption, and all
authorities likewise agree that an acct
dental death-as by taking poison by mis-
take or shooting ones self with a pistol
supposlng 1t not to be loaded or falling
from building or death happening in
any way by the unintended act of the
party dying-is not within the exemption
THE RULE IN ENGLAND
The difficulty arises whether suicide by
an insane man is also within the exemp
ton, and on this point different doctrines
have been maintained On the one hand
1t IS claimed that if the act be voluntarily
done IN pursuance OF an intelligent pur.
pose, and Intentionally and inteligentlv
carried out by the proper adoption of
means to ends. it is suicide on the part of
the insured, or death by his own hands
although insanity exists to such an extent
that he may not be able to appreciate the
moral qualities of the act
On the other hand it is maintained that
however intelligently the act may be
done, if at the time the will be overpow-
cred by an uncomfortable impulse, Or the
party be unable to appreciate the moral
character of the act, it is not within tile
meaning of the provision relating to self
destruction-in other words the man did
not die by his own volition, and was not
a suicide in any proper sense Of the term
In the case in question the rule laid
down in England in a celebrated case
was adhered to. The words of the pol
icy were that it should be void if the per-
son insured should die by his own hand
The man threw himself from the Vaux-
hall bridge, in London, into the Thames
and was drowned. The jury found that
he voluntarily threw himself into the
river knowing at the time that he should
thereby destroy his life, and intending
thereby to do so; but at the time of COM
uniting the act he was not capable of
, Judging between right and wrong.
1t was held that the policy was void,
the rule being laid down. in effect, that
the moral condition of the mind was i'm
, material, and if, when the act was done,
the insured knew that life would be
thereby destroyed, and intended it to be
So the policy is violated under the con-
dition, although the insured was insane
at the time
The supreme court of Massachusetts
held to practically the same opinion
THE NEW YORK DOCTRINE"
In New York in the earliest case il
was part of the stipulation that the
policy was to become void if the assured
died by his own hand. The insured
came to his death by suicide by drown
ing himself in the Hudson river Chic
Justice Nelson, delivering the opinion o.
the court, said. speaking legally; Sci
destruction by a fellow being beref
of reason can with no more prophet!
be ascribed to the act of his own hanC
than to the deadly instrument that ma.
have been used for the purpose.
( "The drowning was no more the man
? act, in the sense of the law, than if h
| had been impeled by irresistible physica
I force nor is there any greater reason
> for exempting the company from tn
risk assumed in the policy than if hi
: death had been occasioned by sucl
means Suicide involves the delloerat
1 termination of ones existence whhe L
the possession and enjoyment OF III
+ mental faculties. Self slaughter oy a
insane man or lunatlc is not an act 0
suicide within the meaning of the law.
j This rule was modified to some exten
by a succeeding decision In thaI II wa
r held that under the law IN New for
r the words die by his own hand haV