Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-12-09
Life Insurance Companies Can
Not Refuse Payment of Sui
cide's Policy
DECISION IN HIGHEST COURT
The Missouri Statute of 1879 Declared
vaIid-Important Question Affecting
Interpretation of Bankruptcy Act
Answered-Lower Courts Decree Re-
versed in Iowa Insurance Case.

Washington, Dec. 9.-The United
States supreme court has handed down
an opinion sustaining the validity of
the Missouri statute of 1879 providing
that suicide shall not be a defense
against the payment of a life-insurance
policy. The opinion was rendered IN
the case of the Knights Templars and
Masons' Life Insurance Company VS..
Rosa b. Jarman. the policy involved
being upon the life of John 2. Jarman.
husband of Mrs. Rosa Jarman. who,
while insane, took his life in Grumpy
county, Missouri, in 1898. The decision
of the circuit court of appeals sustain
ed the law and held the company liable
for the amount of the policy, regardless
of the fact that the policy contained
clause for the avoidance of the policy in
case of suicide whether voluntary or
involuntary, sane or insane" This de-
cision was affirmed by the supreme
court.
Case from Philippines.
The court also denied the petition for
writ of certiorari in the case of Unit
ed States VS.. Thomas e. Kepner of the
Philippine islands. This proceeding was
of a criminal nature. Kepner is an at
torney residing in the islands. He was
proceeded against on the charge of en-
bezzlement by the court of first IN
stance in Manila, and was acquitted,
but the government appealed the case
to the insular supreme court. kepner
alleged that the government could not
regularly thus appeal the case in a
criminal proceeding and asked the SUI
preme court to interfere There was
considerable interest in the case, be-
cause 1t was the first from the Philip
pine islands.
Decision in Bankruptcy.
An important question affecting the
Interpretation of the bankruptcy act
was answered by the supreme court
thru Chief Justice Fuller. The ques-
ton arose in the bankruptcy proceeding
of c. Elliott & Co. vs.. Ferdinand Toepp-
ner, now pending in the circuit court of
appeals for the sixth circuit. The ques-
ton was whether "the court of appeals,
under an appeal granted from a judg
ment refusing to adjudicate Toeppner a
bankrupt, has authority to re- examine
the proceedings upon jury trial If 1t
shall appear from the transcript as GER
titled to the supreme court that there
was an error in instruction given or re-
fused or in the admission or rejection
of evidence" The question was an
swered in the negative.
Insurance Company Wins.
In the case of the Iowa Life Insur-
ance Company VS.. Lula T. Lewis, in
volving the question as to whether COL
lection can be made upon life-insur-
ance policy upon which the premium
has not been paid, the court handed
down an opinion reversing the decree of
the lower court. In this case a policy
was issued by the Iowa company upon
the life of Thomas M. Lewis, resident
of Fort Worth, Texas who gave note
for the payment Of the first premium.
This note had never been paid or re-
newed when Mr.. Lewis died In 1900.
The case was decided in favor of Mrs.
Lewis by the circuit court for the
Northern district of Texas. The opin-
ion of the supreme court reversing this
decision was handed down by Justice
McKenna.
Case to Test Land Laws.
Thru Soliucitor General Richards the
United States today filed motion in
the supreme court for leave to inter-
vene in the case of the Northern Pacific
Railroad Company VS.. Soderberg. The
case involves the decision of the ques-
ton as to whether stone is mineral in
the construction of the land laws. The
motion was granted.