Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-03-11

'V'iN"N "ieiiNiNN IlolI llle SldlC loVbJ
and it is now impossible to secure
adequate insurance in licensed COM
panles. 1t IS unwise to impose upon
these corporations unnecessary or
bufdensome restrictions, which must
either force them to withdraw from
the State, or charge increased pre-
miums for insurance." That is the
candid statement of one of the most
candid men that ever graced the chair
OF the Governor of the State. Now,
gentlemen, Il contract is made, of in
surance; and, as / stated before, | be-
lieve that the standard policy provides
for a speedy and satisfactory adjust
mcnt of the loss. 1t has been on our
books for eight years; and it certainly
is not so glaringly unconstitutional as
1T has been represented. for its con-
stltutionality or its lack of con-
stitutionality has never been invoked.
The court. in eight years, has never
been called upon to pass upon the
question, and matters have been liti-
gated forcibly and ably. Gentlemen
learned in the law have had contests
over the policy and over settlement of
losses, where the parties ould not
agree with the under-w writers. Such
man as Judge Foster-Who, perhaps,
will insist upon the rights Of his client
as long and as far as any attorney in
the State, in very extensive litigation
in our county did not invoke the con-
stitutionality Of the law; and, so far
as the adjustment of losses is con-
cerneG, it is safer and cheaper and
more satisfactory than it was under
hn al nd T ,C,i-
ness proposition that the unanimous
report of this committee will be ac-
cepted, and accepted as, believe, en-
titled to the respect of the Senators in
this Legislature.
Mr.. STETSON of Penobscot: Mr..
President and Gentlemen: | have
listened with much attention to the
speeches of the two distinguished
lawyers, who are members of this
honorable body, who claim that the
rights of the people are taken away,
md that they do not speak from sell
ish interests, but only for the dear
common people, who need a guardian
to look after their interests.
If you will recall. we had little diff
Terence some weeks ago, as to the
proper committee. to which these two
bills, now under discussion should be
referred, and this honorable body, de-
cided that they should be referred to
the committee on mercantile affairs
md Insurance, as the proper commit
zee, and not to a legal one, believing
S you did, that a committee COM
posed of practical business men, who
}.ere conversant with the business
life of our State. We're competent to
lecide on the merits Of the matter.
You were assured, that the members
If that committee, would listen to the
arguments to be made on both sides,
Without prejudice or favor, and that
should legal questions arise, they
could seek the advise of legal com
nittees or capable lawyers.
The hearing was duly advertised,
argely attended and prominent men
lppeared for and against the bills.
The members of the committee had
nipple opportunity, each for himself,
o decide whether, the repeal of the
present law, which gives us the Maine
Standard policy with arbitration, in
stead of a trial by jury, was for the
Jest interests of the people of our
State.
After a free and frank discussion Of
The matter, the committee by unani-
nous report, have decided that the in
erests of the people. are better pro-
ected, that losses are more satisfac-
oriiy adjusted, under the present law
han under the old law, which is es-
antially, what these bills provide,
Mould you in your judgment decide
rot to accept the report of the COM
nittee.
| will endcavOr to reply in as few
words rs possible, to the arguments
dvanCed by the two senator's, who
rave spoken, and endeavor to inform
you in my limited way. of the reasons.
hat decided the committee to report,
ought not to pass" on these two bills,
which are now under discussion.
l assure you that the star spangled
,anner will not be waived, nor will /
appeal to your feelings for the poor
people of our State, who my colleagues
lain, should have ample opportunity
o enter the lawyers offices and have
neir fire losses adjusted.
This is business proposition and
OF one of sentiment, for either the
ssured or the lawyer.
The laws of our State are supposed
.le and when q law has been found to
tork to their disadvantage, it is the
'uty of the Legislature to remedy the
vii.
In 1894, the last year under the old
NV there was more litigation in the
ettlement of fire losses than in any
reVious two years. The lawyers We're
gaping a harvest, the assured was
lying the fiddler, and complaints
we're heard On every side of the diff
ulty of settling losses. What was the
esult?
The passage in 1895 of law which
ave US the present standard policy
md one which | will show you, Is
working to the satisfaction of the com
non people of our State, If not the
lawyers
The law, is an exact copy of the
Massachusetts law, which was passed
n 1887, and in Massachusetts for the
)ast ten years, there has only been l4t
| osses settled by arbitration, as am
Informed, the other thousands OF losses,
)eing settled to the satisfaction OF the
'ssured, without recourse to arbitra-
ion
Whom tho low ,-vc y,aSSpd in 1895, it