Page:The Green Bag (1889–1914), Volume 12.pdf/700

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Chapters from tJic Biblical Law. step off to interview the brakeman and tell one another what's the matter. You fall through a hole in the bridge. It is an acci dent and is no voluntary exposure. But if you walk home over a dangerous railroad trestle and fall through, when you could have gone home by a safe path, or you sit down on a railroad track in front of an approach ing engine, you are reckless because you are insured and your beneficiary may lose that which you paid for, on account of your volun tary exposure or unnecessary danger. Another loop hole by which accident com panies forearm themselves for escape is by providing against the results of unnecessary lifting and voluntary overexertion. In a recent case an insured was helping to arrange for an amateur entertainment in which a supposed strong man was to take part. He was to lift dumb-bells supposed to weigh from 300 to 450 pounds. The insured saw some boys playing with these heavy weights. It appeared to him the weights were not what they seemed to be or were lettered. In the laudable purpose to prevent a fake exhibition at the entertain

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ment he proceeded to test the dumb-bells by picking one of them up. It seemed easy enough to do so, but while they were in his hands something gave way in his back per manently injuring him. The defense of vol untary overexertion according to the terms of his policy did not avail, the court remark ing that an accident policy undoubtedly con templates that even a capitalist will do some lifting without physical or moral compul sion. It may be the better part of wisdom not to be a participant when accidents are run ning around at large seeking whom they may devour, if for no other reason than that you will never know until it is over what the exact nature and character of the incident will be. If, however, you must be in at the death, if you must be a hero, — and the world is in need of heroes at all times and in all places, — it is also the better part of wisdom to have a policy upon which recovery is possi ble, for your beneficiary will have more re spect for your memory if she recovers a judg ment in place of paying costs for a failure to do so.

CHAPTERS FROM THE BIBLICAL LAW. IX. THE TRIAL OF ACHAN BY LOT. BY DAVID WERNER AMRAM. IT is well known that among the He brews, God was supposed to be present in the Courts of Justice, and judgment was pronounced in his name. The trial of a case, therefore, partook somewhat of a sacramen tal character. This was due, no doubt, to the fact that, at a certain period in the his tory of the people, the offices of priest and judge were united; and people went to the priest to decide their disputes, even as they went to him to guide them in religious mat ters. It is also well known that divination and

sorcery in their various forms were practiced, and that decisions and opinions obtained by these means were given by the priests. The common method of obtaining a decision was by casting lots. " Chance " was not deemed fortuitous, as with us, but was supposed to be a direct result of divine action. Hence, the casting of a lot, when done by one in office, was supposed to be an expression of divine will, and gave the issue in doubtful matters. A remarkable instance of the use of the lot in the determination of a question involv