The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-03-26
FOR DEATH OF SOLDIER
Question Whether Insurance
Company Is Liable.

A case has been appealed to the su-
preme court to determine the liability of
an insurance company where the policy
holder has enlisted in the United States
army and is killed or dies in the army.
It comes from Coffey county
Edward LaRue, a Coffey county boy
who held policy in the Kansas Mutual
for $1,000 in favor of his mother. Mrs.
Vashti LaRues enlisted in the regular
army on September r. 1899, and went
to the Philippines. His policy contained
a clause providing that if the insured
enlisted for service in any war he must
give the company written notice, and
would have to pay an additional prem
ium not to exceed per cent of the
face of his policy. LaRue did not COM
ply with these provisions.
On May IA, 1900, he was killed by
native at Lolucan, Mindanao. The in
surance company cOntended that he
was killed in war and refused to pay
the policy. The policy holders insisted
that his regiment was simply resting a.
Lolucan, that there was no fighting go
ing on there. and that La Rue was
simply murdered by a native who hit
him on the head with a bolo
The case was tried before Judge Den
mis- Madden of Emporia, who instructed
the jury to bring in a verdict for the
insurance company, and now the plain
tiff appeals. In an opinion in the case
Judge Madden entered into DISGUST
ton on the subject of the courts fol-
lowing the flags" which was somewhat
out of the ordinary. He said;
There is no question of fact in this
case. if it is admitted that this young
man was killed while in the military
service of the United States, in the
Philippine islands. think then it is a
question of law. It may be necessary
to 90 through the form of a trial unless
the facts are admitted. There is state
of war existing between the UniteG
States and the Philippine islands or
more properly. there is an lnsurrection
in the Philippine islands against the
sovereignty and authority of the United
States, and that amounts to a state Of
war. The military power Of the United
States extends throughout the length
and breadth Of the Philippine islands,
maintain that authority and to extend
it, without division of territory.
throughout the Philippine islands, and
to coerce and enforce obedience. Thers
is a military establishment there under
the authority Of the United States The
president has. by proclamation extend
ed the authority in expressing the in
tention of the United States to subdue
the uprising. and the reports of the Sec
retary Of war show the carrying out of
the provisions of the proclamation
The policy in terms provides that the
member serving in time of war in the
military service of the United States,
shall give notice to the company in
writing, and pay the extra premium,
not to exceed three per cent upon the
amount insured. If that notice is not
given and the extra premium for war
hazard paid. the company is liable only
for the reserve on the policy, computed
according to the Actuaries Tables of
Mortality. and four per cent interest.
THE court must take judicial notice
of these moving facts of history The
court would be blind to close its eyes
to the turbulence now in existence in
the Philippine islands. or the authority
Of the country existing The court
must follow the flag, and determine by
what authority it floats, and the rights.
as well as the duties and obligations of
those who fight under the flag. The
proof shows existing facts of history.
We are not on the western hemisphere
any more as a nation Our authority
is extended We know not where it will
extend, but wherever it does extend ana
wherever the flag flies. the jurisdiction
of the United States is established to
the extent established the courts will
follow and take notice of such facts"