Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-03-12

l Dill, All ACt 10 cStdDllSI1 Il law uIil-
form with that of other states, rela-
tive to insurance policies, came up on
lsecond reading.
MIR. STETSON of Penobscot: Mr..
President, l move that the bill be in
definitely postponed. I desire to state
that, yesterday, two reports relating
to this matter We're submitted to the
Senate. One was accepted, and the
other turned down. There seems to be
isome uncertainty in the minds OF
Isome of the senators present as to the
faction of the Senate, yesterday, and
some of those who We're not present
desire to express themselves on this
lmatter.
Mr. GOODWIN of Somerset: Will the
senator from Penobscot permit an in
Iquiry, in ORDER that we may under
stand what we are voting upon. Is
lyour motion to indefinitely postpone
this bill practically motion to deny
trial by jury in insurance cases?
| Mr. STETSON of Penobscot: Mr.
President, that is exactly what l do
mean. 1t is because l believe our peo-
ple are better satisfied, and get better
protection under the arbitration clause
than they would under the right of
trial by jury.
| Mr. GOODWIN of Somerset: Mr.
President. | want to say one or two
words in regard to this motion. The
gentlemen who have come in this
morning, who were not here, yesterday,
did not hear the argument advanced,
Yesterday, in regard to the substitution
of the bill for the report of the COM
mittee. Whatever has been done to
change the minds of the senators in
| this chamber, if anything has been
done, was done outside this chamber.
| This arbitration clause in an insurance
policy, gives the insurance company a
right to trial by jury, if it wants it. The
insured-the man who loses his build
lin2S. has got to submit to arbitration.
That is, the insurance company can
say: We will have a jury trial, if we
want it-but the insured-the man who
| suffers the loss, has got to submit to
arbitration, any way, whether he wish
les TO, or not. Could there be a more
powerful argument against the injus-
jtice of this proposed legislation? 1t
seems to me if the people could under
stand it, they would be rushing to this
House for the purpose of remedying
this matter. The insurance company
lean waive the reference-the insured
cannot. 1t takes from the people of
this State the right to trial by jury, but
does not take it from the insurance cor
pprations. 1t was stated, yesterday,
| that this question has never been de-
| cided by the supreme. court OF Maine.
| 1t is true. The answer is simply this:
| In many cases in which there have
| been exceptions taken to the ruling of
| the court in this matter where the law
| court would have been called upon to
| pass upon the constitutionality of this
| law, in every single instance the insur
| ance companies have settled the case
| rather than have the matter decided by
| the supreme court. Two such cases oc-
| CURED in my own county at the last
| term of court-both will probably be
| settled, rather than have the constitu-
| tionality of the law passed upon. Do
| you think the people of the State of
| Maine as represented by the State
| Grange, that body of intelligent, hard
working, deep thinking people-the
| brains of the State of Maine, would
| vote to strike out the right of trial by
| Jury in any case that might be present.
ed to them? / should as soon think that
| that class Of people-tnose honest
| minded men, would be willing to strike
| out entirely the constitution of the
| United States-declare the Declaration
of Independence to be a farce, or re-
| move the 10 commandments from the
| decalOgue.
| The senator from Androscoggin, yes
| terday, said: Here is a contract, in
which we agree to submit to arbitra-
ton" Now do We take this contract
because the law steps in and says:
You have got to take this from the in
surance companies? Is there a gentle
| man upon the floor of this chamber
| who wo,lid enter into Il contract with
any other orporaton-railroad, tele-
graph or telephone or any big manu-
featuring establishment. in which there
| was a provision, that if you were in
jured in your person or property, you
should have no right to trial by jury,
but must submit to arbitration of a.
| board, one member to be selected by
them, and they will submit to arbi-
tration if they see fit and we must
submit to arbitration whether We sec
fit, or not? There is not man who I'M
derstands the subject who would not
arise in holy horror if such a law
were proposed to be put upon our
Statutes books. / hope the motion of
the senator from Penobscot will not
prevail.
| Mr.. STETSON of Penobscot: Mr..
| President. The distinguished senator
| from Somerset has stated that we
should not leave the question to arbi-
tration. but should claim the right of
trial BY jury. If the gentleman will
| reach into his pocket he will find there
a little blue piece of paper, and on that
blue piece of paper are the words
Maine Central Railroad and also d
release of the right of trial by jury. |
| claim that gentlemen who were not
here, yesterday. should have a right
to express their opinion upon this mat
ter. The senator also states that the
insurance company has a right to
| waive the reference. That / deny. The
question of arbitration. today, is simply
| Il question of damages, and nothing
else. On every other question the right
of trial by jury remains. / am willing
to go on record that l believe / am
sound in the position / am taking that
the common people are represented in
| This bill. and that we stand here in