The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-05-06


ever in this State. unless sucn COMPANY
or individual snail be authorized to
transact business under the provisions OF
the act 10 which this is a supplement- and
supplements thereto
There is no doubt whatever 10 my
mind that the courts would hold that
concern doing public business like that
done by the Order of Earnest Workers,
whose methods have referred TO. traus-
crosses this provision of the statutes"
docs the act provide for the apprehen-
sion and punishment of persons violating
the law 10 this mannerp
'ft does so very plainly. The second
sec tion provides that the penalty Tor each
aud every violation Of this act, and OF the
act to which this is supplement, and
the supplement thereto. shall be $500 aud
all costs of suit. to be sued for and coll
lected on complaint in the name Of the
State by the Secretary OF State (now
Commissioner of Banking and lnsur-
anceJ
"This is comprehensive and definite. 1t
is the privilege and duty Of the Insurance
Commissioner to begin action against any
company or individual referred to in the
act quoted. upon complaint by any re-
sponsibIe person. You will observe, how
ever, that no authority is given TO the
Commissioner to proceed, except ON COM
plaint."
REPLYING TO A CRITICISM
The reporter at this point called atten-
tion to an editorial in the NetCs criticising
the Commissioner for not going ahead on
his own account. Colonel Harvey read 1t
carefully and said:-
"The Nelus apparently fabors under the
misapprehension tuat the law was
changed with the Commissioner. As a
matter of fact, the law stands exactly as
was Commissioner of Insurance until a
month ago, held that he had no right to
proceed ia matters Of this kind except on
complaint The Attorney General en-
dorsed this view. and 1, as the Nelcs says,
take exactly the same ground
s'Suppose that, in the direct face of the
language Of the statute and the construc-
tion put upon 1t by the Secretary of State
and the Attorney-General, ] should adopt
the policy suggested by the Ners. what
would be the resultG Simply that the
accused person would be discharged for
lack of evidence and other swindlers en-
couraged thereby 10 continue their prac-
tices Here is case in point. A man
came into my office last week aud said he
mad been trapped by one of these COM
panies. He wanted me to get his money
back. / told him l would do all / could
In that direction, II he would make
affidavit to the facts as be had related
them to me and testify to the same before
jury at the proper time. l even offered
to draw up the affidavit for MIN to sign.
He said he was not quite ready, but would
do so on the following day. That il the
last saw of him. Why he did not come
back cannot say. but it is fact that
most Of these companies are able and
willing to recompense any OF their men,
bers from whom they may anticipate the
danger of exposure. Whether this man
was satisfied in this way, do not know.
At any rate he did not return. Now, sup
pose | had proceeded at once to arrest the
persons whom he accused OF swindlinQ
MIN. The fact that he did not return te
make formal complaint. is sufficient to
convince me that he would rot be ready
to testify when required. The result
would have been that the accused persons
would nave gone scot free and worse than
nothing would have, been accomplished.
EXPECTED EVIDENCE
"During the past four weeks / have re-
ceived, Isuppose, an average OF fifteen oi
twenty letters week asking my opini OF
OF some of these societies. In each case
have replied that | not only considered
their business illegal and unsafe. but
have taken particular pains TO ask everJ
one making such inquiry to present for
NAL complaint, and have promised thai
upon receipt of such complaint would
institute proceedings at once.
Some OF these letters have reason T.
believe, will result in information which
will enable me to institute action and still
comply we.s t.c requirements OIL tue law
ConseQu emily, while practically helples:
at present, trust and believe that l shall
not be long; and when the opportunity
comes to proceed properly and legally
do not think even the NetUs will havs
occasion to complain of lack OF energy
in the Insurance Department. Ii, con
trarY 10 my expectations, no such oppor
tunity is presented, shall urge upon tn'
next Legislature ana the Governor. WHIT
is in fun sympathy with my action thu
far, the necessity of the enactment Of (
law which will overcome the difficult!
presented by the existing statute. Mean
while. the intelligent cooperation of al
| public-spirited journals in urging peopl
| to place in my hands the evidence re
quired by law for the commencement o
action, cannot fail to have a most bene
! fetal effect.
"Just one point more. do not wish i
understood that ] contemplate maxim.
| indiscrlminate warfare upon all societie
| incorporated under the Benevolent ant
| Charitable act. Nothing is farther from
my intention. There are many societie
| in the State, some in the city of Newark
which restrict their transactions to tn
limitations fixed by law and are entitled
to the protection which the law guaran
| tees. They, no less than regular insur
ance companies, suffer from the disreput'
| brought upon all by the bogus concerns
| Consequently, they should be the first u
strengthen any endeayor TO blot the N ou
| OF existence"