The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-11-22

ton of the Union Mutual as required by the
law of the State, he proposed to join in it. Mr.
Smith informed him that he bad suspended
the examination on account of the necessary
absence of President Dewitt, but should re-
sume it at once on his return which would be in
few days; and he would in two or three days
give Mr.. Tarbox an answer.
Mr.. Plympton went to Portland that night
and returned to Boston, reaching there in the
AFTERNOON of Wednesday. Thursday evening,
withr6t WAITING for Mr.. Smiths answer, he
started for Portland with his assistant, and on
Friday morning appeared in the Union Mutual
office and read the following communication to
the President:
COMMONWEALTH OF MASSACHUSETTS,
INSURANCE DEPARTMENT..
SO PEMBERToN SQUARE,
BOSTON, Nov. 10th, 1888.
Mr.. Noah Il. Plympton:
Dear Sir.-I have con nsidered your communication
of yesterday, informing me of your interview with
Commissioner of Insurance Smith, of Maine,
touching an examination of the Union Mutual Life
Insurance Company or that State. My inference is
that an examination on the plan proposed by Com
missioner smith, would not be satisfactory to me,
and, therefore, request you TO proceed, without
delay, to examine the Company and its affairs,
financial and other, and that the examination be
thorough. Should it be found advisable TO appraise
the Company's real estate in fee or mortgage,
wish the valuation made by appraisers selected by
this department. and not by persons selected by the
Company's officers, without conference and approv-
al. am very truly yours,
(sisned), JOHN X. rARBox,
Insurance Commissioner.
The above is a correct copy of letter of instruc-
tons presented to President John E. Dewitt, of
the Union Mutual Life Insurance Company, by me
this sixteenth day of November, 1855.
(Signed), NOAH A. PLYMProN,
90 Examiner.
The President replied orally, but at the re-
quest OF Mr.. Plympton, reduced his reply to
writing, as follows:
November 10th, 1888.
n. A. PLYdPT0N, ESQ.
Dear Sir-Referring to yonr letter of instructions
from Hon. John X. Tarbox, Insurance Commission
er of Massachusetts,, in relation examination
of the Union Mutual Life Insurance Company by
you, have to say, that the Company is now under
examination by the Hon. Insurance Commissioner
of Maine, which has been temporarily suspended on
account Of my absence, but is expected to proceed
quest until confer with he Maine Comm ssioner
nor until our Board of Directors can act therein.
l. 1 would call a special meeting of the Board, but
as its stated monthly meeting occurs next Monday
evening, special meeting cannot be held earlier
than that time.
will apprlse Hon. Mr. Tarbox of the action of
the Board as early as Wednesday next.
(signed) JOIN E. DEWITT,
President.
Commissioner Smith received dispatch the
same morning notifying him of the proposed
action Of Mr.. Plympton, and he thereupon
notified Mr. Tarbox that in view of the course
the latter had taken, any reply from the Maine
Department was unnecessary. Commissioner
Smith was much surprised when he saw the
letter Of instruction Of Tarbox to Plympton as
he had in no msnner stated to either of them
his plan of examination.
On Monday noon, Nov. 10Th, Plympton and
his assistant appeared in Portland and although
he knew that the regular meeting of the Di-
rectors was to be held in the evening, sent a
note to the Company's Office to the effect that
he was ready to proceed with the examination
of the Company as soon as he could have ac-
cess to the books. To this no reply was made.
In the evening the Directors instructed the
President to forward a communication to Mr..
Tarbox of which the following is a copy:
PORTLAND, Me- Nov. 10, 1888.
Hon. John *. Tdrbor Commissioner of Insurance for
the Commonwealth of Massachusetts,:
Sr:-As stated to your representative, N. A..
Plympton, on Friday last your request to examine
this company at once presented to our board of
directors at a meeting held this evening, and the
board by a unanimous vote, instructed me to say
that this company does not refuse examination
by you, but it is now under the examination by the
Commissioner of Maine required by law and he Is
disinclned have yeu join him n his examination;
yours, therefore, must be deferred until he has
finished: SO far as We are concerned it will be the
aim of this company that this examination shall be
made as diligently and faithfully as it can be made
OF course you will not be called upon to adopt it
either in whole or in part except so far you may
see fit. You will be promptly informed when it is
JOHN E. DEWITT, President,
The letter was forwarded by the night mail
and Mr. Plympton was notified that reply
had been sent
Tuesday forenoon, Nov. Goth, he appeared
at the office and madea formal demand to
proceed with the examination; in reply to
which copy Of the letter to Mr. TsrbOx
was handed to him. Upon reading
that he requested to suspend his
demand until he could telegraph for instruc-
tions, as Mr.. Tarbox had net received the letter
from the Company upon which he (PlymptoD)
was then acting. He soon returned with dis
patch from Tarbox, which he had found at the
hotel, and renewed his demand and was in
formed that the letter to Mr.. Tarbox was the
Company 8 reply to it. He returned to Boston
that evening, and on yesterday (Nov. 21st) we
are informed that Tsrbox revoked the Com
panys license to do business in Massachusetts.
The law of Maine gives Commissioner Smith
power in the premises which the Company
cannot control; and if he chooses TO make an
examination by himself, neither the Company
nor Commissioner from another State have
any right or power to interfere with him.
The law of Massachusetts, gives her Com
missioner power to suspend the license of a
foreign company if it refuses to submit to an
examination. In the Judgment of sound law
yers in Massachusetts,, Commissioner Tarbox
has exceeded his rightful power in reYoking
the license of the Union Mutual under the cir
cumstances.
The statement that 'strong efforts were
brought to bear to induce Commissioner Tar
box to forego the examination altogether or to
entrust it to different hands," is entirely with
out foundation, so far as the Company is con-
.cerned. The only correspondence with Mr..
Tarbox is that above given, and no officer OF
representative of the Company has had any
communication with him. So far as is known
no one of them ever met Mr.. Tarbox or Mr.
Plympton till he appeared in the office. If any
parties have done anything of the kind, it
must have been done on their own personal
responsibility and in an endeavor to prevent a
W tuo Oub1ueoo
CARD FROM PREsIDENr DE WITT.
UNION MUTUAL LIFE INsURANCEl
COMPANY,
PORTLAND, Me-, Nov. p, 1888.
To the Public:
The investigation now in progress by the
Hon. Insurance Commissioner Of Maine will
demonstrate beyond question that the Union
Mutual Life Insurance Company of Maine is
sound to the core and able TO pay all its obliga-
tions, as it has never failed to do during the 35
years of its existence; that it has been success
fully and honestly managed; and that all
statements derogatory to its character are un-
true and baseless.
The directors of the Union Mutual Life In
surance Company have not refused to allow 1t
to be examined by any insurance department,
aided by any men it may select.
The rev ocation of our license by the Insur-
ance Commissioner of Massachusetts,, to do
business in that State, will. when the whole
truth appears, do us no injury.
JOHN e. DE WITT, President.