Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-11-22


on account Of my absence, but y ezpecssd g
proceed q once, and cannot comply with
or deny your request until confer With the
Maine commissioner, nor until orr board OF
directors can act therein would call .
special meeting Of the board. but ~ its
stated monthly meeting occurs next Monday
evening . special meeting cannot be held
earlier than that time. I will apprise Hon
Mr.. Tarbox of the action of the board IS
soon % Wednesday next.
(signed) JoHx E. DEWITT,
President.
Commissioner Smith received despatch
the same afternoon, notifying him of the pro-
posed action of Mr. Plympton. and thereupon
notified Mr.. Tyrbox that in view of the course
the latter had taken, any reply from the
Maine department was unnecessary. Com
missioner Smith was very much surprised
when he cav the letter Of instructions OF
Tarbox to Plympton, as he had in no manner
stated to either of them his plan of the exam
ination.
On Monday noon, Nov. 10. Mr.. Plympton
with his assistant appeared in Portland, and
although he knew that the regular meeting
of the directors was to be held in the evening,
sent note to the company's office to the ef-
feet that he was ready to proceed with the
examination of the company as soon as he
could have access to the books. To this no
reply was made. In the evening the direct
ors instructed the president to forward q
communication to Mr.. Tarbox, of which the
f,llowiou ia q capv
PORTLAND, Nov. 10, 1888.
To Hon. John X. Tarbox, Commissioner of
Insurance for the Commonwealth of
Massachusetts,.
As stated by your representative, n. A.
Plympton, Friday last, your request to ex-
anime this company at once was presented to
the board of directors, at meeting held last
evening, and the board by unanimous vote
instructed me to say that this company does
not refuse an examination by the commits
sioner of Maine, as required by law, and he
is disinclined to have you join him in the
examination. Yours, therefore, must be de-
ferred until he has finished. So far as We
are concerned it will be the aim of this COM
pany that this examination be made diligently
and faithfully as it can be made. OF course
you will not be called upon to adopt it either
in the whole or in part, except 50 far as you
see fit. You will be promptly informed when
it is completed.
(Signed) JOHN E. DEWITT,
President.
The letter was forwarded by the night
mail and Mr.. Plympton notified that q reply
had been sent. Tuesday forenoon, Nov. 20,
he appeared at the Office and made formal
demand to proceed with the examination, in
reply to which the letter to Tarbox was
handed to him. Upon reading it he requested
to suspend the demand until he could tele-
graph for instructions, as Mr.. TarboA had
not received the letter from the company
when he gave him the Instructions upon
which he (Plympton) was the acting. He
soon returned with despatch from Mr.. Tar
box which he found at the hotel and renewed
his demand AMI was informed that the letter
to Mr.. TarbOx was the company's reply to
it. He returned to Boston that evening and
on yesterday, Nov. 81, we are informed
that TarbOx revoked the compaDy's
license to do business in Massachusetts.
The law of Maine gives Commioner Smith
power in the premises which the company
cannot control, and if he chooses to make the
examination, neither the company nor COM
missioner from any other State have any
right to interfere with him. The law of
Massachusetts gives commissioners power to
suspend licences of foreign companies if it
refuses to submit to examination. In the
judgment of sound lawyers in Massachusetts.
Commissioner Tarbox has exceeded the
rightsul power in revoking the license of the
Union Mutual under the circumstances. The
statement that strong efforts were brought to
bear to induce Commissioner Tarbox to
forego the examination altogether, or to in
trust it to different hands, is entirely without
foundation, SO far as the company is con-
cerned.
The only correspondence with Tarbox is
above given, and no officer or representative
of the company has had any communication
with him so far as is known. No one of
them ever met Tarbox or Plympton until ap-
peared in the Office. Ifany parties have done
anything Of the kind it must have been done
on their own personal responsibility and in
endeavor to prevent walton injury to the in
surance business.
SANDY RIVER RAILROAD