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

WOulu WHITMAN iiciii eiiN $1,000
| is the result today?
The insurance companies are DONG
business at the cd stand and l believe
the people of Duh State, are getting
better and quicker returns for then
premiums, than under the old law.
Do the people rise in their migh'
and demand change? NO. Inc
hearing was widely advertised ana only
lawyers appeared in the interest OF
the dear people, not one business man
farmer or laborer, came before tnt
committee to claim that their interests
were not protected.
Now the lawyers claim, that inc
law is unconstitutional and that we
are taking away the rights of the Peo-
pie to have a trial by jury, and they
have appealed to your feelings. not &c
deprive any man of the pleasure OF
knowing what it costs to go to law.
The question of constitutionality Is
one for the courts and not the Legisla-
ture to decide, for corporations. are
creatures for the Legislature and the
Legislature has the right to prescribe
the form of contract. II the lawyers
want more business, and think this
law is unconstitutional, why III
Heavens sake. have they not taken a
case to the Supreme court, and get a
decision in their favor?
They have had over seven years to
prove their assertion, and still all they
do, is to keep on talking.
have consulted several prominent
lawyers, one of whom was a member OF
the commission, who recommends this
oh thnv oil CT that thew
have serious doubts if the court would
decide it unconstitutional, and es-
pecially when we have such high
authority as Judge Foster, who is
quoted as saying that he has no doubt
the law is constitutional, do you blame
the lawyers for waiting seven years,
and still not pressing for a decision,
but only talking.
Governor Cleaves in his message
recommended a change and the insur-
ance commissioner, under the advice
of Governor Cleaves, had the law
passed, and our present honored Gov
ernor, in his last message, recon-
mended that this Legislature make
haste slowly in changing our present
form of policy. The question of dam
age is the only one which is referred
10 arbitration, all others are for the
courts to decide, and is it not better to
have a tribunal of three skilled men to
decide on the amount of loss, than to
leave it to a jury, who may be made
up of men not familiar with such
matters.
If the assured has an honest claim,
he need not fear to leave the question
of damages to three men, who are
skilled in the business, for the insur-
ance companies desire to continue to
do business in our State and from what
| have ascertained from talking with
business men in my own city, find they
are always more than willing to adj
just on liberal basis. If the assured
is dishonest. it gives the adjuster an
opportunity to reduce dishonest claims
to a more reasonable basis, and. what
ever keeps down. dishonest losses, will
tend to make lower rates for honest
people. The present law prevents
litigation in dishonest cases, which is
better for the people and for the COM
panies.
Laws are not perfect, neither are
lawyers, and when you get a law, such
as our present insurance one, which
accomplishes the greatest good for
the greatest number, then l say, let
well enough alone.
| said the lawyers were the only ones
who appeared in favor of a change, but
have not told you, who appeared to
ask the committee not to make any
change, and they were many, both in
person and by letters.
The representative of large foreign
fire insurance company, who could
withdraw his business at any time.
The agents, from all over our State,
who | believe from my own personal
experience, are most strongly disposed
20 favor the assured in settling a loss.
"ather than the companies for if l did
not think my agent looked after my
interest | would try others.
The Grange insurance companies of
which there are 35 to 40 in our State,
had representatives present, asking us
not to make any change. and these are
he small mutual companies of our
State, who today are carrying the farm
'isks, and are close to the people, be-
sides doing business on very low cost
Of expenses, living close to the wind
and they cannot afford to hire law
ytrS.
Also letters from business men all
over our State, saying they We're salts
led with the present law and asking
that we make no change, and last but
not least. the statements of the insur-
ance commissioner, that in his opinion.
the present law was the best that
could be had, to protect the interests
If the people, both from the lawyers
and from the insurance companies
Right here | want to say few words
in commentator of our present insur-
ance commissioner, for 1 believe him
an honest, capable man, and one who
has the best interests of the depart
ment at heart. A man thoroughly
conversant with the needs of his de-
partment and one who has not at
tempted in the slightest degree, to bias
the opinion Of any member of the COM
mittee. He was elected to protect
the people and not the insurance COM
panies and it is his duty to inform the
committee on all matters relating to his
department.
] claim it was his right and duty to
give the committee the best of his ex-
perience and knowledge, and thereby