Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-06-06
Important Decisions
ACCIDENT 1NsURANCE.

ACCIDENT INSURANCE.
The question whether death is due to
a cause covered by an accident in
surance policy is one which is not al
ways easy to determine. An example
OF this is found in Jenkins VS.. Hawk.
eye Commercial Mems Association, de.
cided by the supreme court OF Iowa,
and reported in 124 Northwestern Re-
porter, 1919. Insured, feeling a pain
in the region Of his rectum, inserted
his finger therein and withdrew a fish,
bone which he had swallowed. A SUBJ
sequent examination by a physician
disclosed a laceration Of the mucus
membrane Of the rectum, and insured
died a few days later from blood pois-
oning. which the physician testified
was caused by pollution, either from
the fishbone or insured's finger in re-
moving it. The insurance certificate
was conditioned on death being the
result "of external, violent and acct
dental means" It was claimed that,
as the injury was altogether internal,
no recovery could be had; but the
court drew a distinction between an
injury and the means Of injury, and
awarded a decree requiring the de-
PENDANT association to levy an assess
ment on it's members and pay the pro-
ceeds of insured's certificate. The court
said that it would be presumed that,
owing to the instincts of self-preserva-
ton, the bone had not been swallowed
voluntarily, and that, even il taken
carelessy. the fact of injury OF this
character from taking indigestible
matter into the alimentary canal was
so out Of the ordinary as to constitute
an accident; and that, while death was
caused by blood poisoning. the pois-
oning itself would not have occurred
had it not been for the accident.
SUPREME COURT JUDGES.
certain section Of the Oregon cons
stitution provides that when the pOpu-
lation Of Oregon reaches 10000 there
shall be three supreme court judges
and as many circuit judges as may at
that time be found advisable. Plain
tiff questioned the constitutionality OF
statute increasing the number or
supreme court judges from three TO
| five. The supreme court of Oregon IN
state VS.. Cochran. los Pacific Reporter.
SS4. held that. as every power not prog
hibted may be exercised by the legas-
| pressed or so strongly implied as to be
free from reasonable doubt, and as the
constitution declares that justice shall
be administered openly without pur-
chase, completely and without delay,
| an impossibility without an increase
in the number of judges upon the in
crease in the number of judges upon
| the increase of population, it was only
reasonable to infer that it was intend-
! ed the number of supreme judges, when
/ the state reached the population OF
| 100000 was to begin with three, not
/ less. leaving the additional number to
be determined under the future condi-
I tions as they might arise. Otherwise,
! in the opinion Of the court, the de-
/ Laws necessarily incident to the trial
| of persons accused of violating the
! law. and the determination of prop
erty interests, would inevitably amount,
| in large proportion of the cases. to
denial of justice, deprivation OF lib
erty by long confinements awaiting
trial. and, thru the inadequacy of lega1
protection in many instances, IN tnI
practical confiscation Of property
RIGHT OF A CITY TO FARM.
A farm lawfully acquired by defend
ant. the city of Portland, was manageQ
by IT for profit. Plaintiff. farm hane
was injured by reason of the defectVY
condition. of the basement step or
building situated thereon, but deIenoJ
ant denied liability on the ground tna1
its ownership and control OF the farm
was an ultra wires act. The supremd
judicial court of Maine, in Libby vs|
CITY of Portland, "a Atlantic Reported
sos. held that altho g. city an ob1ecl
of public and private bounty-coull
not raise money by taxation for thy
purchase of a farm, it did not follow
that 1t could not be the lawful owner
of a farm. and as such owner maintain
the same for pecuniary advantage
"Must the town." say the court, "alth I
the lawful owner, yet, because it is
town. let property If land, lie fallow, o.
If buildings, remain vacant and UNI
rented?" If the farm had been main
tanned solely for a public purpose, the
court holds that no liability would
arise; but where, as in this case, the
property was used principally for pub
lie purposes, but incidentally and in
part for profit, the city is liable for
negligence in it's management.
MARRIAGE OF ALLEN WOMAN.
Some interesting questions arise IN
the cases Of United States ex rel. MIC
ola VS.. Williams and United States ex
rel. Gendering VS.. Same, decided by the
United States district court for the
southern district of New York, and re-
ported in 173 Federal Reporter, 626. In
the first case, relator, subject OF
Turkey Turkey, was married to a citizen OF the
United States, who brought her to this
country, where she was stopped by the
immigration authorities on the ground
that she was suffering from disease
which would exclude her II an alien
; The court held that Immediately upon
her marriage she became citizen o.
the United States because OF the citi.
zenship of her husband, and could moi
: therefore be excluded, notwithstandinl
she had never resided in this country
In the second case, the refator came t.
, YIfalia n a \ nd mn rfde q