Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1850-1859, 1853-02-25


from their home and the home of their
witnesses. On the other side, if We take
their own report, is q rich and influential
corporation. These, sir, are the parties
truly the weak against the strong
The history of the case i. this. Soon
after the organization Of the HarrisburgJ
"keystone Mutual Life Insurance Com
pany," they sent travelling agent into the
borough of Lewisburg, in Union county,
and also appointed resident agent who
had opened an an Office there. To my own
knowledge, the agent sent there held out
every inducement, and made use Of every
persuasion he was capable of, to induce
Col. jackson MADDEN, then prominent
citizen of that place, to have his life in-
sured He at length consented, the policy
was made out, all the money due was paid
when, unfortunately for himself, for bis
family, for the community, and for all
concerned-the ink was scarcely dry upon
the contract when Col NJ Fadden sickened
and died. A demand was made upon the
Company for the insurance money, but it
vas not forthcoming. Suit was brought
against the Company, but when the Sheriff
came to serve his notice upon the Agent,
he was politely informed by that gentleman
that he was a little too late-that the Com
pany had taken the prccaution to udhdra,e
their agency, to avoid suit being brought
in Union county. 1t will be recollected
that, according to law upon our statute
book, an insurance company may be sued
Iu any county where they have an agency.
This was the law when this Company sent
ITS Agent among us. The Company could
not have been il gnorant of this law. Col.
M'Fadden had every right to expect that
his family should have, in good faith, all
die advantages of this law. And this, Mr.
Speaker, look upon as strong reason
why this case should be tried in Union
county. Why, sir, it is in the court of
Dauphin county not by law, but in defiance
Of law-or, at best, it is here only by a
most miserable evasion of law, by mere
trick altogether unworthy of the men com
posing this company-a company rich and
powerful, ccntesting the plain hts Of the
comparatively weak and helpless.
Had Col. MADDEN come to Harrisburg,
and sought out this Company at their own
home-had he here made his application,
and here effected his instrumentation, sir,
in all justice his children should come here
for their remedy. But the facts arc the
very opposite. The Company sought him
out at his own homo, they established al
Office at his very door, not for the benefit
Of this OF any other person, but for the
purpose Of gain to themselves. Aud can
the Senate now say that this Company
shall not be held responsible for the lcgit-
innate results of their business, where they
themselves, for purposes of profit to them
selves, wept to seek it-and especially
where the spirit and the letter of tue law
declared they should he responsible! /
would not claim that if company once
sends an agent into county should ever
after maintain their agency there, Or that
for all time to come it should be response
bio for the acts of that agent in such
county: but l contend that where COM
pany removes such agent for special pur-
pose to shriRk from an honest response
bility, it is right that the strong arm of
le gislation should come in and bring back
the fugitive. Since this question has been
here, l have been told by respectable
gentleman, that he, at the time this
agency was withdrawn, heard members of
this Company boasting Of the smartness Of
their Yankee agents as they called them,
in this very affair. Tho smartness Of the
trick consisted in this, Mr.. Speaker: they
We're with US long enough to get this mans |
money, insure his life, witness his death, !
sec him buried, make an attempt to blacken
his memory, and, after having struck the
blow, cOwardly skulk from justice by the
evasion of law and contract.
1t has been proposed SO to amend this
bill, as to try the suit in the county Of
Northumberland. In an ordinary case,
this might appear like reasonable propo-
sition. But it is not reasonable in this
case. 1t will be recollected that the plea
for nonf~yment, is charge of fraud
against the dcceased-a charge that should
be we'll weighed before being made against
the living, but doubly so before being made
against the dead. We can pot hold as too
sacred, the character Of the departed. The
guilt or innocence of the father upon this
charge, is a question of infinitely more
importance than the mere question OF how
much money the law may or may not
wiring from the Golfers of this company.
His children have right that the tear OF
affection that might start from their eyes
at the mention of his name, shall not be
changed into the blush of burning shame,
BY record of fraud maintained at tri-
bunal distant from his and their honac.
And this being a question of so much I'M
portance to thcm-becausc involving all
that is worth remembering Of their father
they have right that his character shall
be weighed and passed upon by those who I
have known him longest and best; and
whatever advantages the pure and spotless
life of the father may give to the children
in this suit, they arc justly entitled to. 1t
8 their property, and it would be wrong
10 deprive them of it. If the expression
nay be allowed, the character of the de-
ceased is an important ,eitness in this suit
It can not be transferred in all its strength
10 other places We ask, therefore, that