The Dickinson press., 1903-10-17
NORTH DAKOTA NEWS
ITEMS OF A WEEK FROM VARIOUS
PARTS OF THE STATE.
Decision of Importance in Life Insur.
ance Cases Handed Down by
the United States Circuit
Court Of Appeals.

A decision has just been handed
down by the United States circuit
court of appeals for the Eighth circuit
In the case of Isabelle McAdam against
the United Commercial Travellers of
America The case is one of unusual
Importance, and has attracted a great
deal of attention in insurance circles.
7. ]. McAdams, former member
of Grand Forks. carried a policy In
the U. G. II. order under which his
beneficiary was entitled to $4,000 in.
surance In casG of the death of the in
sured by violent, accidental and in
ternal injuries. One night in Jan
uary. 1900, he and William D. Kelley
went into the basement Of kelley's
saloon, it is presumed for the purpose
CT lighting the large lamp with which
Kelley kept the stock room in his eel
lar warmed on cold nights. A leak in
gas pipe had been discovered that
evening, and it is supposed that the
cellar was filled with gas from this,
and that the attempt to light the lamp
resulted in the explosion which fol-
lowed. Both McAdam and Kelley were
instantly killed. Mrs McAdam. the
widow, was informed by an agent of
the company that McAdam had been
delinquent in his payments, and that
there was evidence that he was in
toxicated at the time of his DEATH and
that this would destroy her claim for
Insurance. He agreed, however, to
make her a present Of $1,000 IL she
would give him receipt relieving the
company from all further claim This
she did. and accepted a draft for
$1,000. Later she was informed that
she had valid claim, and she refused
to cash the draft, and rendered it to
the company again. The company de-
clined to receive 1t, and Mrs. McAdam
brought suit to have the settlement
set aside for fraud, surprise and igno-
rance of her rights. The case was
argued before Judge Amidon Of the
federal district court in Fargo, WHO
decided every point in favor of Mrs.
McAdam. and an appeal was then
taken to the next higher court. The
complicated nature Of the case is
shown by the fact that while all the
other business before the court at st.
Louis at that term was disposed of as
early as last May, the decision in this
case has just been handed down, sus-
tanning Judge Amidon on every point
Site for Indian School Selected.
The Bismarck citizens committee,
in charge of the furtherance of the
city's interests In connection with the
| Indian school to be established "at or
near Bismarck" by the department of
| the interior, has received word that
| the site offered by the city has been
accepted and the school located there
by the secretary At meeting Of the
committee arrangements were made
for obtaining title to the site and its
transfer to the government. The
school will be located on the bluff
overlooking the Missouri river and
near the steamboat wharf. There are
1G0 acres in the site An appropria-
tion of $500.000 has already been made
for beginning work. and it is under
stood that the plans Of the depart.
ment contemplate the establishment
of one Of the largest Indian schools in
the country at Bismarck. The total
expenditure for buildings and improve
ments will probably not be far from
half million dollars when the insti.
tuition is completed,
Farm Foreman ViclousIy Beaten.
Jack Howard, a foreman on the Still
farm north of Fargo. is in precarious
condition as result Of brutal as
sault. A threshing crew completed
the work on the farm last week and
just before leaving, Howard was in
formed the engineer and fireman had
a lot of farm tools in the engine box
He removed them. The engineer did
not discover the loss till he reached
Fargo. He and the fireman hired a
rig and drove back to the farm. While
the engineer held revolver on How