The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-08-04
Supreme Court Decisions.

Supreme Court Decisions. (
Complete reports of any of the cases
summarized below may be obtained by
addressing the West Publishing company,
st. Paul. Mimi:
The supreme court of Massachusetts,, in
Re Storti, 60 N E. Rep, no. has held
that the statute substituting deterioration
for hanging is valid and not in contra
VentiOn of the MaSSachus sets declaration
of rights prohibiting cruel and unusual
punlshments. Chief Justice Holmes in
the opinion, draws the distinction be-
tween the use of means for the sole pur-
pose of causing death and for the pur-
pose of causing other pain to the person
concerned before death results, such as
slow IRE. But when the means adopt
ed are chosen for the purpose of reach
Ing the end as swiftly and painleSsly as
possible, we are of the opinion that they
are not forbidden by the constitution al
though they Should be discoveries of re-
cent science, and never have been heard
OF before. The suggestion that the pun
ishment of death in order not to be I'M
psuai, must be accomplished by molar
rather than by molecular motion seems
to US fancy unwarranted by the constf-
tuition"
margarine in New York, People VS. Hill
man, So n. Y. Supp. &C. the court declines
to take judicial notice of the color OF
butter The evidence showed the sale OF
oleomargarine containing about as much
artificial coloring as is used In butter
and in close imitation thereof; that most
butter is colored; and that uncoIored
eiecmargaine Is about the same color as
some natural butter.
The circuit court of appeals for the
Fifth circuit has recently passed upon
a very unusual insurance question
rad taken out policy of insurance unon
his life. and had made his wife his bene-
Eclary. Later on they assigned a half
interest IN the policy to their two sons
A was tried and convicted of the mur-
der OF his wife, and was duly executed
Between his conviction and execution he
assigned his interest in the policy to his
TWO sons, who now claimed. as assignees
ana as heirs and next of kim to be the
sole owners of the policy. The court holds
that an action cannot be maintained
even though the policy contained no Dro-
vision for forfeiture in the event of exc
cutlon for crime. The court goes further
ana holds that II the policy. in express
terms permitted such a recovery, it
would in effect be insuring against the
risk of a miscarriage of justice, and void
as against public policy The court cites
the opinion of the lord chancellor in tina
Fountleroy case, Bligh On. r. 1874, 2lI
which, by the way. is the only other case
upon this point in the hooks, and was an
action by assignees in bankruptcy to col
lect a policy of insurance on the life Of
one Fountleroy, who had been convicted
OF forgery, then capital offense. and
executed. The case is entitled Burk v
Union Central Life Insurance COMPANY
and Will be found published in 1O5 Fed
eral, 419.
Quite the reverse of this question Is
discussed by the court in Schmidt v
Northern Life Association 81 N w SO0
~,
insured, her husband, and the court held
that she thereby forfeited all rights m
Ger the certificate, and hence neither her
children, as her heirs (she beine. sill
ailVe) nor her assignee could recover
thereon The company's liability, under
these circumstances, is not Terminated
however, Tor the court further holds that
the benefits of the certificate reverted
TO ana became part of the assured :
estate, and that his administrator could
recover thereon for the benefit of those
s9rance IN the absence of any designation
I of a beneficiary.
The case of horse that changed his
Color was recently adjudicated by the
supreme court of North Carolina. The
morse had been mortgaged and described
IN the deed as "a bay horse, six years
1 bo bel9re the mortgage fell due the
morse mad been traded from party to
party until purchased by the defendant
VINO mad no actual notice of fine porr
gage BY this time he had become a
white and sorrel spotted horse. without
any appearance of bay whatever - There
Delng no doubt as to the identity OF the
morse, the court held that the mortgages
dlo not lose his right to subject the
morse TO the payment of the lien
In the case of State VS.. Rogers. 80 S.
H., 81. which Games from the supreme
court OF North Carolina, the prosecutor
was expelled from church for haVine
voted the Democratic ticket The court
holds that an Indictment under the sec
Cion or the code providing that a person
shaH be guilty Of misdemeanor who shall
discharge from employment, withdraW ",
patronage from, or otherwise infure on
press or inttmidate any qualified voter
because OF the vote which he may have
cast. was properly quashed.
An act recurring the inspection of beer
and malt liquors manufactured and sold
IN IN, the state, and imposing tax on brew
erS and importers of a certain amount
per gallon inspected, has recently been
held constitutional by the Missouri SUI
preme court. The matter Of beer in
spection has been inquired into bv
number Of states in the past few wears
but this is the first test, as far as we
are able to discover, of any law authoriz-
ING such inspection. The case is entitled
Ease VS.. Bixman, and is reported in 81
southwestern, S2S
The supreme court of Ohio has recentIv
A-oiiHCo hOWI Il uBClSlOn which will re-
suit IN the determination of debenture
companies in that state The case is
Attorney General V. Interstate Savings
investment company 60 Northeastern Re
porter, z20 The court holds that con-
tracts of this company which bv fine
device OF 'numeral apart" are called in
and redeemed at a time before thew
would regularly accumulate a credit In
the reserve fund equal to the Stimulated
endowment value. contain elements of
chance and constitute a lottery The
court also holds that cOntrac cts which
cannot reasonably be expected to accu-
mulate reserve equal to the STIPULATED
endowment within the specified time and
which can only be paid from lapses or
the premiums on new business, are fraud
ulent and unlawful
The liability of doctor who arbitrarily
refuses to respond to the call Of a patient
with the result the patient dies, is dis
cussed. In the case of Hurley v Edden-
neld 59 n. e. 1858. The defendant in
this case had been decedents family phv-
stefan, and was sent for when decedent
became dangerously i'll. The messenger
informed the doctor of the decedent's
violent sickness, rendered him his fee for
his services, and told him that no other
physician was procurable in time No
other patients were requiring the doc
tors immediate service, and he could
have gone to the relief of decedent had
ne been willing to do so, but he refused
without giving any reason therefor Death
ensued. Counsel contended that under
the act regulating the practice Of medf-
cine, etc, physicians are bound to re-
spond to calls for services The court
holds, however, that this is not the case
and that physician does not hold him
self out TO enter into a contract with
everyone requiring his services in the
same manner as innkeepers, common car
riers and the like.
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