Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-23

| portant opinion today on the insurance ques-
| ton. The opinion in full follows:
have the honor to return 10 you herewith
! the papers in the matter OF the application OF
| the New American Home Assurance Society OF
the District OF Columbia for authority to do
| business in this District which was recommit-
| ted to me for my opinion, "whether the (new
certificate submitted by Nc. Potter) is in ac-
cordance with the opinion rendered May Is,
1s9s..'
The language of the act of Congress under
| which this society proposes to operate
Is; THAT no company hereafter organized
or incorporated within the District of
Columbia sh.n transact the business OF insur-
ance In any of its branches unless the whole
| capital OF such company he not less than
500, 600, actually and in good faith paid up IL
full, In cash, excepting life insurance COM
ponies rhich issue TO their members policies or
certificates agreeing TO pay benefits or sums of
1'o'sey 'ciitch are TO be realized by assessments
teoied upon the members no other -copitot thaa
such assessments shall be. required of them
GA STAT, 366. sec. ID
1t will be observed that the law relates $50
| insurance in any of its branches" This in
cludes health Insurance and life insurance on
the premium or assessment plan. Life insurance
has a wei-defined meaning. Briefly stated. II
is the payment OF sum oi, money in the event of
the death of the insured. Health insurance or
sick benefits" as it is popularity called is not
life insurance, there is a well-defined line be-
tween the two. The scheme OF the New Amer
lean Home Assurance Society, as read its GER
uncates, is primarily the pc yIlent of ''sick ben
ehts, whilst death losses are simply incidental
Assuming that this society is one of life insur-
ance on the assessment plan then under the law
the losses TO be paid must be realized by as
sessDents levied upon it's members as the
need occurs. The distinction between an
assessment Sjnd premium is that the as
sessment is levied as the need occurs and NAV
be varied as the liabilities of the company
vary, whereas premium is a fixed amount
collected absolutely and without regard to the
needs or liability OF the company. The prin-
cipal benefits mentioned in the new draft Of
certificate submitted by Mr.. Potter (attorney
for this society are provided for
by fixed amounts payable by the members at
fixed times. and they are in NO wav variable so
as to conform to the needs or Liabilities Of the
society. The mere calling these amounts ''as-
sessments" does notmake them such
1t will be noted on page two of the new
form of certificate submitted that ..mem-
bers are in full benefits for sick and
death benefits after sixteen weeks from
date of certificate in weekly schedule. One
will be paid if death occurs after three months
from daIe. One-hals only II death occur after
six months and within one year" These
statements are contradictory and mis-
leading. The first one as I read il
creates the impression that ..death benefits" are
payable III full after six weeks of membership
while the succeeding provisions show that such
benefits will not be paid in full until after one
year o. membership. On a denomination of
this matter my opinion is the New
American Home Assurance Society is
not life insurance company on the assessment
n,tln IN ha hoaf
company o. beneficial association. Its primary
object. as 1 understand its scheme, is health in
surance ''sick benefits" Many cases
hold that society formed for the
purposes of rendering assistance to
members of their families in case OF, sickness.
and tSknsure the payment of a certain sum 70
the widow or dependents OF a member at death
is not an insurance company.-(State VS.. Nut.
Pro. Assoc, PC Ohio. ST. -, Commonwealth
Nat Aid Assoc, ~ Pa St 4s1. Chosen Friends
VS.. Fairmsn. 81 How. Pr. n. Y. 1861
Such associations. was observed by the
court in the Pennsylvania case. are substantially
benefit or mutual and associations. they have no
fixed capital, they are not bonnd to pay any
fixed sum on the death of a member but only
SO much as may voluntarily be paid by tho
surviving members. and even that cannot be
enforced by law. On a more critical examine
ton of the scheme OF the New American Home
Assurance Society am satisfied it is not i life
insurance company on the assessment plan.
The second draft of certificate submitted by it
does not agree 20 pay life insurance on the as
sessInent plan. and it is not in conformity with
my opinion of the 18th instant Aside from
this the society certificate OF Incorporation
does not contemplate life insurance on the
assessment plan.
STREET CAR CROSSING REGULATIONS.
The new regulation governing street car
crossings goes into effect today, it having been
published FOR thirty days as required bv lawin
case OF amendments TO the police regulations
The new regulation reads as follows:
Wherever street railroads using cable or
electric motive power cross each other. all
have the right Of way over trains cars
bound east or west and all motormen
and gripmen on any such trains or cars shall.
on approaching the interesting railroad cross
lnSs. stop their cars or trains and see that the
way is clear before crossing. Provided. that
this shall not apply where branches of the
same street railway cross each other.
POLES FOR TIE DISTRICT USE.
Superintendent Miles of the District telephone
and telegraph service has requested the Cons
missioners in issuing permit to the Baltimore
and Potomac Railroad Company to Sc. line Of
telegraph poles along 9th street from Its pas
senger depot 20 Virginia avenue and thence
along said avenue that ten-pin crossaTm
said poles be reserved for the free use Of the.
District.
A SEWER TRAP STOPPED.
The secretary of Howard University has
called the attention of the Commissioners to
the fact that considerable damage is being done
to 9th street at the intersection of Howard ave-
nue.. caused by the stoppage of the sewer trap
just north OF the university grounds. The
Commissioners have been asked 10 give it their
attention.
A POLICEMAN Ills PENSION
ais ex-Private William Eser of the, police
force entitled 10 pension?" That is the
question that is agitating the minds OF the
Commissioners just at this time. and it will
require meeting of the board to settle the
matter The case is an interesting one.
The record of the police surgeons shows
that he is unfit for duty as police officer
being subject to fits. 1t is claimed by Eser
that these fits the result of a blow re-
ceiyed in the line of duty. and that he is en-
titled 10 pension of S25 per month accord
ing To the act of February %. 1855. Upon an
order OF the Commissioners the case was re-
opened some time ago, and the police trial
board. which consisted of Capt. Austin and
Lieuts. Swindels and Heffner, after hear
ing the testimony decided that Eser
wss not entitled to pension, and so
recommended. Maj. Moore. however, dis
tad frpy -,