New-York tribune., 1902-12-23
SUPREME COURT DECISIONS.
Insurance Policy on a Murderer's Life In
valid-Pure Food Law Upheld.

Washington Dec. 22-The question Of the effect
of murder life insurance policy when issued
the life Of the murderer was passed upon by
the United States Supreme Court to-day in an opn-
ion delivered by Justice Brewer. The was that
OF S. NJ Burt against the Union Central Life In
surance Company. William E. Burt, Of Travis
County. Tex, the insured His pohcy
was made payable to his WIFE Anna NJ Burt and
in of her death to his executors. In the FOL
lowing year Burt's wife died. and he. was charged
with her murder, found guilty and executed The
heirs made effort to collect on the policy, but
the insurance company resisted payment. The
lower courts including the Court Of Appeals for
the Fifth Circuit sustained the protest OF the COM
pany, and to-days opinion affirmed the decision or
the Court Of Appeals. holding the policy invalid.
on the ground that to sanction payment under the
circumstances would be contrary TO public policy
Stating the question at issue, Justice Brewer SAID
Il was whether ordinary life policy containing
no applicable special provisions is binding con-
insure against legal execution Tor crime
in other words do insurance policies insure against
crimes?" Proceeding TO pass on the case. ne SAID
IT cannot be that one of the risks covered by a
contract of insurance is the crime OF the insured
There is implied obligation on his part 10 90
the policy Public policy forbids the insertion in
contract of condition which would tend to IN
such stipulation, it also forbids the enforcement
lawfully stipulated for
Taking up the contention that Burt did not com
nit the murder attributed to him, Justice Brewer
said that if that there true the action couid oe
maintained only on the assumption that there had
been failure justice in the criminal case, ana
he asked If it possible that there can be
contract of insurance against the miscarriage or
Justice This he said. would be In the nature OF
n wager and a wager intended to perVert the
course of criminal justice was contrary TO PUBIC
policy.
Tho oourt dismissed the writ Of in the case
OF Whitney Layton against the State OF missouri
on the ground that no federal question mao peeh
raised In the trial court The case involved the
consttutfonality Of the pure food law OF the state
a-a bas attracted much attention Layton, whose
nlace of business is St. Louis, was found gulIy III
the trial court Of the of alum In the manu-
facture of baking powder and fined 800 Inc YER
dict was afirmed by the State Supreme Court. Inc
effect of to-day's opinion is to leave the VerolcI
against Layton standing. but it did not enter INTO
the merits Of the case The opinion was delivered
by Chief Justice Fuller, who. in speaking OF the
decision of the Missouri Supreme Court sald'
Tbe decision was strictly decision sustaining
its validity when tested by the provsIons 4I fo be
State constitution. and whatever the similarly pe
o fe fourteenth amendment the constitution
the United States decsed ths fbe feeri question
suggested as necessaTy tnTovea II af IN nof ohe called
nnnn m 20 do So and that its decision rested on an,
other ground We cannot m adberin to the
usual course of its judgments, and we have ire ire
9sI igdements Of the State on the ground
that the validity of state enactebhsd has been ad9
iudeed where these courts did nothing more ai
decline 10 pass upon the federal question: pecduse
NOT raised in the trial court as required py the
State pracu5e=
An oninton was delivered by Justice Brewer IN
ossa involving the distribution OF the funos palo
20 tho Pottawatannie Indians Of Michigan and IN
5,ons According to the record in the case sloo'-
o,o has been paid to the Indians put aIler 'iiiS
navrnent was made 271 members OF the trioe WHO
ba5 received none the benefits OF the olstIlou-
ton brought suit. The case was decloeo against
the protestants by the Court OF CLAIMS ana tiie
on;rion handed down to-day affirmed that OPINION
-, ,be ground that if the Indians making the pro-
tas+ have any remedy it is in Congress and not IN
- courts Justices White and Mckenna ols-
sented. ,. -. T-,,,ad
THE case of Cheesbrough against the cnlted
s.a+es Involving The validity Of the provision OF
- ,,,.- reyenue law fixing tax on transfers OF
raoI estate. was advanced on the docket ana set
80 seorinp on the second Monday OF the next term
- oo,r- SET the case of South Dakota against
,-th Carolina involving the validity OF railroad
80 Guaranteed by the latter State for nearing
on April l3. .., -, oo,,-- al
.nad for the holidays. II will reconVene on