The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-03
UNITED STATES SUPREME COURT.
Famous HiIImOn Life Insurance Case
to BE Tried Again.

WASHINGTON, Feb. 2.-The celebrated
Kansas insurance case which grew out of
the alleged death of John w. Hillmon in
that State in 1879 was to-day sent back TO
the trial court for the sixth trial. Mill
mons life was insured in the Connecticut
Mutual Insurance Company for $4,000, and
when his death was reported the payment
of the policy was resisted on the ground
others to disappear. have the report cir
culated that he was dead. then substitute
the corpse of another man and claim pay
ment ON the policy. Hillmon disappeared
while travelling on the plains with a man
named Brown, who swore that he had been
killed by the accidental discharge of a gun.
The case has been in the courts ever since.
The Circuit Court of Appeals for the
cfded the case in favor of the widow of
Hiilmon, but the Supreme Court reversed
the opinion on the ground of error in the
trial. The opinion was delivered by JUS
tice Brown, Justices Brewer and White
dissenting.
In opinion handed down by Justice
Holmes the Supreme Court to-day decided
that chrome Photographic posters of cir
Gus are properly protected by the copyright
law. In the course of his opinion Justice
Holmes said the ballet is as legitimate
subject of illustration as any other. The
decision reverses the Circuit Court of APP
peals for the Sixth circuit. The case was
that of Bleinstein VS.. Donaldson. and was
brought to prevent the infringement of
copyright. Justices Harlan and McKenna
dissented.
In the course of his opinion Justice
Holmes quoted RuSkin as to the merits of
autographs and said 1.-The Constitution does
not limit the useful 10 that which satisfies
immediate bodily needs. Even if the pic
lures had been drawn from life, that fact
would not deprive them of protection. The
opposite proposition would mean that a
portrait by VeIasquez or Whistler was COM
mon property because others might try
their hand on the same face Others are
free to copy the original; they are not free
to copy the copy. The copy is the personal
reaction of an individual upon nature Per-
sonality always contains something unique.
Ii expresses its singularity even in hand
writing, and a very modest grade of art is
s sonnet irredueibie which is one mans
unless there is restriction in the words of
the act. If there is restriction ii is not 10
be found IN the limited pretensons of these
particular works. The least pretentious
picture has more originality in IL than di-
rectories and the like, which may be copy
righted. n picture is none the less a pic
ture and none the less subject of copy
right that IL is used for an advertisemsn t..
And If pictures may be used to advertise
| soap. or the theater. or monthly maya
zine, as they are. they may be used to adj
vertise circus: OF course. the ballet is as
| legitimate subject for illustrating as any
| other. The case originated in Covington,
| Ky, and was tried first in the Federal
| Court in that city. The Autographs in
| question were used TO advertise a circus.
The case of Easton the State of Iowa
was decided by the United States Supreme
| Court to-day in favor of Easton, thus re-
| versing the Supreme Court of Iowa. The
| case involved the applicability of state laws
| regulating state banks TO national banks
In this instance Easton was president of
| national bank at DEBORAH Ia. and he
| was sentenced TO five years in prison under
| the state law for accepting a deposit of
| 500 when he knew his bank to be insolvert.
| The decision was delivered by Justice Shi-
| ras, who said that state laws for the regu-
lation OF state banks did not extend 10
| banks incorporated under an act of Con-
gress. Announcing the conclusions OF the
court, which he said were based upon prin
/ ciples and authority. Justice Shiras said:
| THAT Congress. having power TO create
a system of national banks. is the Judge as
to the extent of the powers which should
/ be conferred upon such banks and has the
| sole power TO regulate and control the
| exercise of their operations; that Congress
| has directly dealt with the question of
| insolvency of such banks by giving COLI
| troll to the secretary of the treasury and
| the controller Of the currency, who are au-
/ tnorized TO suspend the operations of the
| banks and appoint receivers thereof when
| they become insolvent when they fail
| 10 make good any impairment of capital;
that full and adequate provisions have been
4 made for the protection of creditors of such
Institutions By recurring frequent reports