Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-01-29

Passed to be Engrossed.
An Act additional to and amendatory
Of Chapter 31S of the Private and Spe-
cial Laws of 1901 entitled An Act to in
corporate the Bridgton Water Com
pany.
An Act to amend Chapter 81 of the
Private and Special Laws of 1899 en-
titled An Act to establish the Bar Har-
Dor Municipal Court.
Orders of the Day.
On motion by Mr.. Staples of Knox
Bill, An Act to set off the town of Isle
au Haul in Hancock County and an
mex the same to Knox County was TAX
en- from the table: and on further mo-
ton Of the same Senator, the bill was
tabled for printing, pending reference
to committee.
On motion by Mr.. Libby of Kennebec,
Senate Document No. 6, Report of w.
w. Stetson, State Superintendent of
Schools in response to order requiring
him to make strict investigation of the
condition, amount and income Of the
school funds of the several towns aris-
ing from the sale of school lands, was
taken from the table; and on further
motion by the same Senator, the same
was referred to the committee on Edu-
cation.
Mr.. Stetson of Penobscot, Mr.. Presi-
dent The other day An Act was in
troduced to amend Section 1 of Chapter
IS of the Public Laws of 1895 relating
to reference on insurance policies. The
act was introduced and referred to the
committee on the judiciary, and it was
received back and by vote of the hon
orable Senate it was reconsidered and
then placed upon the table and as
signed for today. ! therefore move
that it be taken from the table.
The motion prevailed.
Mr.. Stetson then moved that the bill
be referred to the Committee on
Mercantile Affairs and Insurance and
said:-
Mr.. President, the position is just
this: This bill is a similar bill to one
taken up by this honorable body, last
week. and referred to the committee
on mercantile affairs and insurance,
deeming that the committee was broad
enough to cover the scope of this bill;
and / have no question = the gen.
tlemen. today, will concur with their
opinion of last week, when they voted
thirty to one that a similar bill should
be referred to the committee on mer-
camille affairs and insurance; and as
one bill has already been referred to
that committee. it seems to me fitting
and appropriate that similar bill as
this is which is now pending reference
should be referred to the same commit
tee.
Mr.. CLARK of Hancock: Mr. Presi-
T h will
vail. 1t seems TO me that this matter
has been before the Senate in three diff
ferent phases. and that the proper
place for this bill is before the judiciary
committee. The commissioners APP
pointed by the Legislature in regard to
uniformity of laws have investigated
this matter quite thoroughly, and in
their report say that the constitution
alty of this law is a serious question.
Now. that report has gone before the
committee on judiciary. and I under
stand that notice has been given for
hearing on that report, so that some
action will probably be taken by that
committee. There is another bill pend
ing in the Legislature which has gone
to the House and there tabled, of u
similar purport to this bill, although
drawn on different lines, yet accom-
plishing the same purpose. This bill
does away. if enacted, with reference
on insurance policies.
Now. 1 have no objection to any COM
mittee in this matter. 1 do not wish to
cast any reflection upon the committee
on mercantile affairs and insurance. l
think the judiciary committee compe-
tent to investigate and handle this
matter. 1t is only a few years ago that
this Legislature enacted a license law
in this State which has been declared
unconstitutional by the supreme court
of this State. recently. A bill now is
pending before the committee on legal
affairs to see if we shall not refund
the amount received under that uncon-
stitutional act. that people have paid;
so that ] say it is the safest plan for
this Legislature to let no bill pass it ii
it can be helped until the constitutions
atty of it is investigated. Some have
said that only the supreme court can
tell whether this bill is constitutional
or not. l say this Legislature can de-
termine whether it is constitutional or
not; and there are gentlemen upon the
judiciary committee who can investi-
gate this matter and decide upon that
question. Surprising that an insurance
policy be presented to this Legislatu
of different form to this, which state,
what form of action should be brought
by an insured against an insurance
company in case of loss-supposing the
insurance company insist in that policy
that you should bring a real action to
recover your damage under that insur-
ance policy: wouldn't it be proper for
the committee to investigate that and
see if it was a proper action to bring.
or whether some other action should
be brought? And who can tell unless
they are familiar with that form of ac-
ton? Now. l say there is question
about the constitutionality of this act.
/ say you should not take away the
right to trial by jury. which is one of
the most noble heritages of any people
on the face of this globe, unless this
matter is thoroughly investigated. If
you do. you take away something the
people have always been in the habit
of looking to for their protection, and if
you grant this right to the insurance
company you have got't grant SINH
lar rights and legislation to every cor