Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-03-03

other side will argue that the prcseiit i.M
of arbitration has many trEu. Sni i,.
and alarming faults. Was th'lE
law enacted in the State oil Maine vi ~
where else in which faults miSit mo- ="
found, especially where II tHrci9 ~ J.
dccs in this case, the people Vi ti'e ""0'
State? -, :;
/ know that they will argue tE;tt tie Ia
Str:,,j,p companies have rights 10 i'ppt'',,
t. the courts which the llsur'u ~ -
have under our present law, "i Wan, ~,
going To sly that stanu MN ,,.' .,,, mat
both feet. They are going ~ az |',,r
the adjustcrS appointed by me u.s. , ',n
companies are men interested ~ ,i. ~ ,h.
panies: they are men chosen al oN', ~
State of N,,ine-whlt they N th'r ttsti-
mCuv before the. com,ni;t"c called rms
.rs'-mcn hired by II" 'oHil.ti'H - ~.
around and reduce the aEa"m ,Ii,rr ~ And
award in favor OF the c"mP:th,. Nv.
;L.v are. right in ii measure. tii' re- nv i
been cases whcr. injustice has p.'h o" ~,
:Jy.r.s tnd enc or two blIck sh"'p III
The. large flock. and therefore no III" "''
mav have its leaks ana its lauitS: ,hi
But they will also say to HoU , ,,''' VIII
law is unjust in other WAYS nul l VIZ
NOT sion 10 eutiritrate them l Will ~.
1h,. present time to call Your sti''i !, w.,
attention to what pf"InN' ~ re-
1907 n.hirh in my opinion is an honest
one that the arbitration rEl''s, "o''r nv"
work any injustice to me ne1pr " ,m,
81 ,te-tI,ut il is right-th;tt II Is Jus -
- i, works n greater benz til thau
',ny law which allows tA'm To NV
wr:ingles in the courts an ,"' ~
;nr ,innn the lawyers i'll any WAY. 90
~ wish to ne understood AS SAYING th''
/ think the lawyers ar" NOT hoi" S'-h''
for one moment: they are III" til'"ri"ciS.
/ want TO stand here representing u"
r',tir.,I men of the State. who have i'll e
snrInc, who buy policies. who have loss
- md as representing the views OF $40
nnonlr here before this committee who
tx Ms not to make u change. | repre-
sent the people of the State when am
b.t,.kd IN bN that numbt OF Requests.
Tlel. are faults III the Law. and hay"
drawn here Il new arbitration claus"
which ccmprlS insurance COMPANIES i'll tn
State of Maine to pay all tn. costs if they
go to arbitration. To-Day 1t IS divided and
tiirN will argue on the OTHER side that
Injustice has been done, and il has i'll
individual cases: but should this act pass
il will compel the INSURANCE" companies
act provide : that the bo;Ilu shall bc mad
up OF DISTINGUISHED men. ana that WIS
not. MIR. President. int til" act which is
now i'll force. The present act provides
y here over the State of Maine. that an
idiuStcr nr :; ringer may come FROM
Augusta int" Somerset county or York
county. or ArooStouk-W nile this :'"t that
| ask Your consideration UI provides thai
tue adiustcr shall! be appointed from tn"
county i'll which tn, ire orculS- ! think
in the act which | i.Old in my hard |
have answered Ill. and cam answer Ill
the objections that We" rLiScd ut tiI,.
hearing before this committee.
Now. my two points arr tHtSc-in SUP
port Of the minority r"pott SIGNED hr
tour ont OF the IL. believe it is for tn.
best interests OF the l"opl" OF ~" Stat"
Of Maine and il by Your Vot" Yea ace q /
the passage Of that ttt in tie n"N draft.
VIII agree TO Immediately pres, vt this
act which r.tS b.,-.n drawn up by onr of
tie prominent lawyers Of tn" St,t". and
examined ty several, They ara Heartily
in sympathy with the provision of this
act.
They tell me ara others ~ tho commit
toe who signed the minority report that
tli-. arbitration clause is AN a.;vdntae,
to tEe people. and they ar ag INST TIL
disadvantage of trial b" inrN. They 81
that I :laVc covered IN this act Ill tirr
provisions which the lawvrr- in the past
and ut the present time ;tr" nbircting To.
| | am not going TO dctaih yea l"nc,I.
Simply vote rcs on TIE pending question:
| ARD give the people of the State of Main
| through voUr committee right to pre-
| sent ;n act which repeats tn, blemshcs
| in the present law.
| Mr.. CLARK of Hancock: | would like
I" ask the gentleman from PenObscot il
he will permit M a question.
Mr.. STETSON: l should he pleased IL
Mr.. CLARK: Did YOU furnish '1e with
4 copy Of your amendment that YOU pro.
posed To- rake TO this bill"
e AR COW WIN nt haTn "pi i So rnrci, INA, y
You will read the interlinins it will give
YOU the exact copy of it,.
Mr., CLARK: You hold in. yo'lr hand
| Il verbatim copy Df the on" ! have
| Mr.. STETSON: Certainly
| Mr.. CLARK: Will YOU read the part
| That c"mpels arbitration on the part OF
| th'. InS1tranc" comp my?
| Nj. ST ItIS0N: Yes. with pleasure. The
present act provides that insurance com
Inn,i"s may arhitratc If the senate:
end. horc it says ''ms,lral,ce companies
| shall arbitratc." 1t leaves them no dis
cr"tion., They must do it: ana the law
y"rs ! have asked to examine that. tell
mo that the bill compels the insurance
Mr.. CLARK: Will the senator permit
one ,;r m Srr, 4YrStion? c,r,,;,,,.
Mr.. CLARK: Suppose company sim
| ply sits down. and will not do anything
when directed to arbitrate. what would
Mr. STETSON: They would have to ar
| htrate
Mr. CLARK: You car take your hors.
| 70 water; but how are you going to make
| him drink?
Mr.. STETSON: think there is a way
| To make them arbitrate. OF course thor.
| ar" many Laws we pass il is difficult t.
Mr. CLARK: You mean that You ,uld
nay" to go to law t" enforc" Your right
Mr.. STETSON: If the companies do
| not wish to arhitrAtc it should he mao.
| compulsory for them t" do so.
! Mr., CLARK: That leaves the law cx-
af My n sT i IS NV NJ cir :. : 49,,
| may have made it shall"
| Mr.. SHAW of Sagadahuc: Mr. Prcsi-
| dent: Being the only memhcr on the part
| of tn" SenIt" who signed the ma iority
| report. ! wish to offer ms reasons in j
| general way in support of the position
| which | took | VIII not 20 irto detail
| brit leave it for those better able to d.
| that.
| | wish to stat" first that I have 40 criti-
| "iSn whatever 70 make against any IN
| Surlncr company doing business in This
| state: | believe ana am satisfied tlI;tt til,
| p"opl" who control and manage. Ino<,
| companies are honorable nrcu rs honor
| able MS any doing business within ON
| State.
| dld rot arrive ut tn" conclusion which,
| | did arriV" at in signing this ,nlinfity
| report from any personal experience. thi,
! nay" ever had with tn" insurance. com
| iill:icS- They har" @lwnl., treated m.
! N"iE fairly: in ftct. ! nave had hat y,lv
| ilttic dealings with them in regard ~
i"sS'S <. and have been eng god in artiv.
| business sine" ISIS will say in the I,st
| IL years IN" company at which | am D.,
| E"nbtr mas averaged to c:lrrN from 500 :
ESQ u y 1000" ot fir" inSlIr me, in and avn
| nf the state. and do not remember of
| hi'f TWO losses that We have ever had
| on" at 500. which was Scttlcd-a tnt,l
| lnSS. ana another one of very littln lr,-
| tiiin ~" or 500. | nm rot quit. Si1rn sn
| cannot speak from personal experience
| tine reason why | am opDoSpd ia tbr