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

or damage suffered by the insured.
This is effected by the following pro-
visions of the policy: I'm cases of loss
urder this policy and a failure of the
parties to agree as to the amount Of
loss. it is mutually agreed that the
amount of such loss shall be referred
20 three diSintereSted men, the COM
pany and the insured each choosing one
out of the three persons to be named
by the other, and the third being Sc
lected by the two 50 chosen: the award
in writing by majority of the referees
shall he conclusive and final upon the
parties as to the amount of loss or
damage, and such reference unless
waived by the parties, shall be con-
dition precedent to any right of action
in law or equity to recover for such
!oss; but no person shall be chosen to
act as referee, against the objection Of
aither party. who has acted in a like
capacity within four months"
How Intellectual the provision that
mo person shall be chosen to act as
referee, against the objection of either
party, who has acted in like capacity
within four months" would be against
the evils of partisan referees, any one
having experience in insurance cases
tan readily appreciate. Article |, Sec
lion 20 of the Constitution of this State
provides that lin all civil SUITS and in
all controversies concerning property,
the parties shall have q right to trial
by jury except in cases where 1t has
heretofore been otherwise practiced.'
Yet this fundamental principle has
oeen set at naught by the act of 1895
which leaves no choice to the assured
Is to whether ne will accept a policy
iepriving him of Il jury trial and other
important rights which have been Sc
cured to him in the past; for Section
/ of this act ingeniously provides that
no insurance company shall issue fire
insurance policies on property in this
State other than those of the standard
form herein set FORTH The assured
AN accept this policy or none at all.
No voluntary waiver of q conStitu-
tional right is here involved, as no
choice in the form of insurance is pre-
sented. The constitutionality of such
a statute may well be questioned.
| say frankly and fairly that Samuel
w. Carr, the insurance commissioner
IF this State, ever since l have been a
member of this Legislature, has
handled tWo-thirds of the committee
On Insurance. and makes it his boast
Upon the floor of this Senate, calling
them his committee, as he did two
ears ago, and has done in the pres
ance of members of this Senate since
his bill was introduced into the Sen
tie Of Maine.
The insured can accept this policy
or none at all, there is no remedy. Is
hat class legislation? Do you be-
ieve in it? Or, would you wipe it from
he statute books and let the law re-
main as it was for thirty-five years in
this State.
l am glad that there is no political
sentiment in this Let us act for the
interest of our constituents. l appeal
O you, fellow senators in behalf of our
great declaration and bill of rights the
safeguard of the American citizen
rom the time of the Declaration o.
Independence. 1t was a crime against
he people of this State, when in 1885,
hat bill was passed. Let us repeal it,
{ regard it as vital question; and !
nope you will agree with me fellow
nnators that we are doing no injury to
such action. The right of trial by
jury is the only safeguard of the lib
critics of the people.
Mr. WING of Androscoggin: Mr..
President. it was not my purpose to
make any remarks on this question,
out | certainly hope that the unani-
nous report of our committee on in
surance will be accepted. The Senate
will remember that there are three
Senators whose names go on that re-
port and they are gentlemen-they are
good business men. They have taken
md assumed the responsibility of theil
action, and they bring in a report here
BASED upon their business judgment
md such information as has come tc
heir attention.: and the Senate is now
lsked to accept it. l may have been
particularly favored in my life, but
have never seen, nor met, these grave
| abuses in a business way which are
charged upon the insurance companies
| have found in the practice of my
profession for 35 years-and have had
| 1 considerable number of cases with
| insurance companies-that the insur-
| lnce company is as anxious to pay al
| honest loss as it is to obtain insurance
| 1T the start. l have had my property
burnt. and | have settled with the adj
| iusters under these standard policies
| ana | believe it is a wise piece of
| legislatiQn-a good contract for the in
| sured, making certain and speedy set
| tlement of the loss in order that the
| insured may obtain exactly what be-
| longs to him, and to goalong about his
| business fully Unidentified. 1t must be
an evident proposition to everyone
| that you cannot, make a contract by
| legislation. You cannot say, by an Act
of the Legislature that an insurance
| company shall make this contract, OF
| that contract. You cannot say to an
insurance company: You must have
1 Your capital at the risk of fire ir
| Maine under certain conditions. Oul
4 attention has been called, by our Gov
| ernor. who is regarded as very capa-
| BILE business man-to this question OF
| insurance. In his address he calls
| the attention of the Legislature to thi?
| fact-that there is not a single stock
! fire insurance pOmDany organ