Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-02-20
The INITIATIVE AND REF
ERENDUM WILL STAND.
Only Congress Can Object to 1t in Legisla=
ton in the States Is Decision OF the
Supreme COurt===Death by Law
VOids Life Insurance Policies.
CRIMINAL INSURANCE KILLED.

| Washington, Feb. 19.-Death by the
hand of the law, voids all life insur-
lance policies of the criminal. The SUI
preme court so had today. in the ac-
ton brought by the children of James
| McCue. mayor of Charlottesville, Va.
who was executed for the murder of
his wife in 1905 A policy for $4,000
was carried by Mccue in the North
| western Mutual Life Insurance Co, of
| Wisconsin.
The United States circuit court of
appeals for the fourth circuit held
that the policy was made in Wiscon-
sin. and under the Wisconsin laws was
not annulled by execution on the gall
llows, The supreme court held today,
that the policy was not to go into eff
feet until the payment of the premium.
which was made in Virginia, and
therefore the policy was made in Vir-
ginia and was not governed by Wis
consin law
After reviewing the cases in the
federal courts and in the courts of
Virginia, the court announced that this
public policy in both of the federal
and Virginia jurisdiction demanded
that death by the law should void life
constitutional right to be present dur
ing the taking of testimony at his own
trial on a charge of homicide. the
court decided in another case.
Although in one decision it held that
the Minnesota gross revenue tax law
on express companies was eonstitu
tional in another decision, today, the
supreme court held that a similar law
10 Stf
In the latter law was found to be
more than a tax on property and was
distinguished from the Minnesota ease
on that ground.
The Oklahoma law was expected to
bring into the state treasury about
S3.000,o00
Confusion in several states, notably
New York, Missouri. South Dakota
and Alabama, as to the time given a
borrower of money from national
bank in which to sue the bank for col
Ileeting usurous interest was set at
Irest when the supreme court decided
that the time is to be measured from
the date of the actual payment of
usury and not from the date of the
making of the usury contract.
The point arose in the suit of Patrick
Bank of Rapid City. s. d.
Title to the land on which the Cayite
navy yard in the Philippine islands was
for the most part constructed belongs TO
the United States. according to another
decision by the supreme court. Ker &c
Co. of Manila claimed title to 81 acres
on which structures valued at half n
million dollars had been erected
oIa he
sumption that land formed by deposit
along the seashores belonged to the own
er of the land bordering the sea. The
court held that such newly formed land
belonged to the government.
The right of the Chippewa Indians born
since the allotment acts of 1887 and 1883,
applicable to the White Earth reserva-
ton in Minnesota, to the benefits of those
acts. was upheld, today. by the supreme
court in the Fairbanks Mores case.
Italian consuls are not given the right
by treaty with the United States to in
tervene and exclude state authorities in
settling the estates of Italians dying in
this country without leaving wills, the
supreme court decided. The decision Is
said to affect thousands of aliens IN
America.
The right of Texas to classify osteop-
athy as a practice of medicine was up
, held by the court.
| The point arose when Ira w. Collins
practicing osteopathy in Eel Paso, was
arrested on a charge of practicing medi-
! cine without license Collins reply was
! that practicing osteopathy was not prac-
ticing medicine, because no medicine was
| administered.