The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-01
Senator Dryden,s Insurance Bin.

On Monday Senator DRYDEN of New
Jersey introduced in the Senate bill TO
enable Congress to regulate and control
insurance power which the Federal
and State courts have adiudged that
Congress under the Federal Constitu-
ton has not.
The Senator is reported az saying that
the President has recommended such
control He is also represented az hav-
ing declared in regard to his bill
~Is purposes arc In the right direction and
having met the general approval OF many eminent
constitutional lawyers uei as ne administrative
auAoreks | shall take pleasure In presenting It,
believing as | do that any defects easily be
remedied and that a law will nnAlly be evolved
thar win not only stand the test OF the Supreme
Court but viii prove ot,evenAstinE bencnt 10 the
community at large
He does not say which officials among
the administrative authorities have
sanctioned his proposition. Are the
President and Attorney-General re-
ferred to?
The recent report of Commissioner
GARFIELD dealt at much length with
Federal control of insurance. That
report is 10 be assumed to have had the
Presidents commentator, inasmuch as,
having been sent TO him by Secretary
METcALF, it was transmitted to Congress
by the President
Commissioner GARFIELD affirmed that
the courts had established the legal
proposition that insurance was not inter-
state commerce in any of its forms yet
he intimated the expediency of propos-
ing to Congress some such bill as Sena-
tor DRYDEN has offered, and of pushing
the Supreme Court to modify its view of
the Con sti.ution, and thus amend il from
what it was AZ previously construed and
interpreted. Commissioner GARFIELD
advised the President, who sent the adj
vice 10 Congress, in these words
Insurance. compAuie- arc Included specifically
under the WORK OF obtSlnlng useful Information
but because OF the decisions OF our courts regard
Ing Insurance the question OF the power OF the
Commissioner over Insurance companies requires
special consideration.
Federal control over Insurance and the exer-
powers Of the Commissioner rest upon the same
legal basis raising at the outset the question whether
Insurance is in any Of It's forms Interstate com
merce.
\ long ne 81 decisions OF IN. Supreme Court
Of the United states, commencing with Paul Va.
Virginia "a Wall, 1857, sHcblIh,d ne kgJ pro-
portion MAJ tnJuraHes not Iaisridt oonrsrcs
in any Of rs forms -nre life, or marine presented
10 the court. THIS line OF decisions has been fur-
ther supported By the uniform holding, OF STATE
cotIrfs.
II this legal proposition Is irrevooably settled.
the powers Of the Commissioner relative 10 lnsur-
hnee arr purely Of a statistical. voluntary. non
compulsory nature. He may collect. compile and
publish such information as may be voluntarily
ilrnished him. but he cannot compel the produo-
Ton OF such information. nor would he be JUSTIFIED
IN recommending any Federal legislation directed
a. Federal control oflnsurancc. The rapid develop
neni OF Insurance business, its extent the enormous
amount Of money and the diversity OF interests
involved. and the present business methods sux
Sesl that under elisilpg condition. Insurance Is