UNITED STATES OF AMERICA. (ALABAMA.) 



687 



stitution nor in conflict with treaties, but a dis- 

 senting opinion by Justices Brown and Harlan 

 held that such a law was not a proper exercise 

 of the police power of the State, as interfering 

 with foreign or interstate commerce and in con- 

 flict with the Constitution and our treaties with 

 foreign nations. 



Colorado's Stock Quarantine. The court sus- 

 tained the constitutionality of the stock quaran- 

 tine law of Colorado, in the case of Reed vs. Col- 

 orado. The law prohibits importation of cattle 

 or other live stock into the State from points 

 south of the thirty-sixth parallel of latitude, be- 

 tween April and November, unless they bear bills 

 of health. The law was attacked as unconstitu- 

 tional and also as antagonistic to the interstate 

 commerce law and the animal industry law, but 

 the court held the law to be valid. 



State Tax Laws. The case of the Cleveland 

 Trust Company vs. Landes, involved the method of 

 levying taxes on the shares of a corporation under 

 the Ohio statutes. The opinion sustained the 

 State law, affirming the decision of the court be- 

 low. What the Constitution or statutes of a State 

 require as to taxation must be left to be decided 

 by the Supreme Court of the State. 



Traveler's Insurance Company vs. Connecticut. 

 Decided May 5, 1902. This case involved the 

 constitutionality of the laws of Connecticut in 

 regard to taxation of stock held by non-residents 

 in a local corporation. The law was sustained, 

 and the difficulty of adjusting a system of perfect 

 equality in taxation was stated. Mere inequality 

 in the results of a State tax law is not sufficient 

 to invalidate it. 



Oleomargarine. The Capital City Dairy Com- 

 pany vs. Ohio. This case, decided Jan. 6, 1902, 

 involved' the constitutionality of the statutes of 

 Ohio regulating the manufacture and sale of 

 oleomargarine. The decision affirmed the deci- 

 sion of the Supreme Court of Ohio, and sustained 

 the validity of the State laws. 



New Hampshire Law. The case of Collins vs. 

 New Hampshire involved the constitutionality of 

 the New Hampshire law that forbids the coloring 

 of oleomargarine yellow. The judgment of the 

 Supreme Court of New Hampshire was affirmed 

 by an equally divided court. The provision in 

 question, therefore, remains in force. 



Stamp Tax on Dramshop Bonds. United 

 States vs. Ambrosini. Under the laws of the 

 State of Illinois and the ordinances of the city of 

 Chicago, it is necessary for a person making appli- 

 cation for license as a saloonkeeper to file with 

 the city collector a bond. The case of the United 

 States vs. Ambrosini involved the question wheth- 

 er SUQ!I bonds were subject to a stamp-duty under 

 the war-revenue act of 1898. The case was de- 

 cided in favor of the Government in the lower 

 court. It was taken to the Supreme Court, where 

 a decision was rendered, holding that such bonds 

 were not taxable by the United States.' The court 

 said : " The legislation was enacted in the exer- 

 cise of the police power for the safety, welfare, 

 and health of the community, and it is conceded 

 that that power is a power reserved by the States, 

 free from federal restriction. The general princi- 

 ple is that as the means and instrumentalities em- 

 ployed by the General Government to carry into 

 operation the powers granted to it are exempt 

 fixnn taxation by the States, so are those of the 

 States exempt from taxation by the General Gov- 

 ernment." 



Insurance Cases. Northern Assurance Com- 

 pany of London vs. Building Association. Where 

 a policy of insurance provides that notice of prior 

 or subsequent insurance must be given by indorse- 



ment upon the policy or by other writing, such 

 provision constitutes a condition the breach of 

 which will void the policy. Parol evidence i 

 inadmissible to contradict or vary the terms of a 

 valid written instrument. The subject of waiver 

 by agents was considered. 



The decision in the case of Lewis vs. the Iowa 

 Insurance Company, delivered Dec. 8, 1902, estab- 

 lished a rule in regard to notes given for the pay- 

 ment of life-insurance policies. Many policies are 

 issued, the insured giving a note or notes for the 

 payment of the first premium, the notes bearing 

 a stipulation that in default of payment when 

 due the policy shall cease and determine. In 

 some States it has been held that default of pay- 

 ment terminated the policy. In others it has been 

 held that the company must pay the face of the 

 policy, deducting, in case of default of payment of 

 premium note, the amount thereof with interest. 

 The Supreme Court held that the policy lapsed on 

 default of payment of the note. 



Knight Templar and Mason's Life Indemnity 

 Company vs. Jarman involved what is known as 

 the suicide statute of Missouri. It was held that 

 the policy must be paid in case the insured com- 

 mitted suicide while insane, notwithstanding it 

 contained a provision of voidance in case of sui- 

 cide whether the party was sane or insane. 



Burt vs. the Union Central Life Insurance Com- 

 pany, decided Dec. 22, 1902. The question of the 

 effect of murder upon a life-insurance policy when 

 issued upon the life of the murderer was passed 

 upon in this case. William E. Burt was insured. 

 His policy was made payable to his wife, and, in 

 case of her death, to his executors. Burt's wife 

 died, and he was charged with her murder, and 

 was found guilty and executed. The heirs of the 

 estate made an effort to collect upon the policy, 

 but the insurance company resisted payment. 

 The court affirmed the decision of the Court of Ap- 

 peals, holding the policy invalid, on the ground 

 that to sanction payment under the circumstances 

 would be contrary to public policy. " It can not 

 be that one of the risks covered by a contract of 

 insurance is the ci'ime of the insured. There is an 

 implied obligation on his part to do nothing to 

 wrongfully accelerate the maturity of the policy. 

 Public policy forbids the insertion in a contract of 

 a condition which would tend to induce crime, and 

 as it forbids the introduction of such a stipulation, 

 it also forbids the enforcement of a contract under 

 circumstances which can not be lawfully stipu- 

 lated for." 



ALABAMA, a Southern State, admitted to 

 the Union Dec. 14, 1819; area, 52,250 square miles. 

 The population, according to each decennial census 

 since admission, was 127,901 in 1820; 309,527 in 

 1830; 590,756 in 1840; 771,623 in 185Q; 964,201 

 in 1860; 996,992 in 1870; 1,262,505 in 1880; 1,513,- 

 017 in 1890; and 1,828,697 in 1900. Capital, Mont- 

 gomery. 



Government. The following were the State 

 officers in 1902: Governor, William D. Jelks; 

 Secretary of State, Robert P. McDavid ; Auditor, 

 Thomas *L. Sowell; Treasurer, J. Craig Smith; At- 

 torney-General, Charles G. Brown; Superintend- 

 ent of Education, John W. Abercrombie, who re- 

 signed to become president of the State Univer- 

 sity, and was succeeded July 1 by Harry C. Gun- 

 nels; Commissioner of Agriculture, Robert R. 

 Poole; Adjutant-General. William W. Brandon; 

 State Examiner of Public Accounts, John T. Gor- 

 man; State Tax Commissioner, Harvey E. Jones; 

 Railroad Commissioners, John V. Smith, W. C. 

 Tunstall, A. E. Caffee ; President of the Board of 

 Convict Inspectors, J. M. Carmichael ; Director 

 of the State Department of Archives and History, 



