The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-01-05
. 20 the propriety of the proced-

49, commissioner ia relation to the COM
pany and to the Marine Insurance Depart
ment, respectfully refer to the correspond.
ence on the subject Exhibit CT which accom-.
panies this communication.
Inc right OF Massachusetts by her agents 10
visit and examine any foreign company, as a
condition OF such company's authority to do
business within her Jurisdiction, is absolute
Equally absolute is the duty of the commits
sloner to make such visit and examination
whenever in his Judgment prudent. This an
tnor1ty and duty are not subordinate to. de.
pendent upon or related with the laws of pub
lie administration of other States. Massachu-
setts does not remit her people to foreign
government for protection in matters within
her own domain.
NO oDllgatlon OF law. usage or custody rested
upon me to correspond at all with the Maine
departments relative to my proposed examine.
ton. But from a desire for concerted action
by the department, agreeable to his eonstitu
ents and to mine, invited Commissioner
Smith to cooperate in that examination. az al
so IN contemplated examinations of Massachu-
sets life companies. His failure to respond
fayerably was surprise. Should the commits
sloner OF another State desire my cooperation
In his examination of a Massachusetts, comma
ny, 1 can conceive of no circumstances which
could persuade nae to decline, or hesitate
consent, especially If about to make an exam.
ination myself. My letter to Mr.. Smith was
mailed November 9th. Mr.. Plympton, on be-
half OF this department, waited upon him five
days later, with the results stated In the cor
respondence. AS the commissioner. after such
interval, was unable to decide without CON
sultatIon with the president of the COMPANY,
/ felt it undesirable, even discourteous,
to urge the proposal. President Dewitt
wrote me that Commissioner Smith was
dis1nclined to have me join in his examina.
ton; an obvious fact, although Mr.. Smith
does not say SO in terms. Yet / took an i'm.
preston that the commissioners disinclinatiou
was by the presidents desire an impression
made conviction by the circumstance that
subsequently, and as soon as the president sig
nified his pleasure to that effect, the commits
sioner was inclined and did invite other de.
partments to join his examination. Nv sug-
gestlon THAT an examination on the plan pro.
posed by Commissioner Smith would not be
satisfactory to me" has been construed as dis
! respectful to that official. did not SO intend
it. Commissioner Smith some weeks before
had started TO make an examination" and
then before he had got beyond the starting
point, or done any act under it, he suspended
his proposed examination sat the request OF
the president, who desired time to visit Chi
cago In order to prepare q list of the com.
pany'S loans on real estate, as also its property
OF the same character, together with the valu-
alton of the same" Giving indefinite time "a
a company to put its affairs in order for in.
spection, and allowing 1t, circumstanced a,
the Union Mutual is, BY its agents to appraise
its principal assets, are methods of examina
tions my Judgment does not approve, and an
investigation pursued on that plan would moi
(and so / wrote) be satisfactory to me.
That an examination should be reasonable
in time and manner 1 agree. Had any obiec
ton of that sort been urged, it would have
commanded nv cheerful Difference. Had al
examination been actually in progress l should
not have sought to proceed i'm any manner tt
interfere with it, But the books, papers anG
assets of the company were in possession an6
full control of its officers, and the Maine De
partment had no occasion for their use an6
had not asked access to them. Commissioner
Smith informed Mr., Plympton that he should
| not make the examination in person, bu
| should employ assistants, and had not then done
| SO. The fact also was within my information
! that at the time Mr.. Plympton made demand
for access to the company's books and papers
Commissioner Smith was in correspondence
| with Mr.. w. ID. Whiting of New York, the
| actuary of the United States Life, of which
| the president of the Union Mutual was for
| merly president and large stakeholder ant
| that gentleman had signified his dissemination
| to engage in the service unless The insurance
department of Massachusetts or of some othel
State should be associated in the examination
The reason assigned for refusal to submit to ar
examination was a matter, if entitled to an,
respect whatever, for the Commissioner O
Maine and myself to consider, and not for thu
company to interpose in bar. could have
made no examination before his was out of it