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

insured into the Offices of lawyers, .tiu'
MIR President 1 repeat, l p.Incf' .in I'll
ilemcn are honest: How can mp ~, ' I%..
iug such "A position when / recall w
many times during this session t'iit tiis
distinguished senator from NhoA H.
stood upon the floor pleading ,, ior ' Ho
rights of the common people. I'edSc ~
not misunderstood what | mean, l ot,-
leve that they are thoroughly llSh' III
taking the position from MONIES. tU =. "
ton; hut the questions resolves 'Soii i.. ne,
one of theory vs.. practice. We can iii
TN, orizc but we all know that many times
wn.n you come down [" the Actual Wofh
ing of Il law, that the cola htru it,csS vi
business experience do not carr oul w;
theories that we entertained III the earlier
stages. a meeting OF the comf''tct was
held on this question, at inns session; !.
was advertised extensively over Inc stat:
of Maine; and who appeared IN favor OF
the bill? There Were three lawyers, bu:
| f.lVe not told You who appeared against
the bill l have not told You OF All the
letters. The petitions and tclegr;tinS that
were filed with this connlttec. l nave
rot told YOU of the GrahgerS and the
mutual Insurance companies which APP
pearcd before Us but whcE | hold i'll my
hand letters, petitions and tclesra ms from
over 800 of the solid, practical business
n,en OF the State OF Maine. asking you
and to repeal the arbitration ciansc. Will
they have any weight with the intelligent
men OF the Senate? Are YOU III your vote
to show to these men OIL Maine Who curry
IL great amount of insurance in our State,
that they do not know what TIE! are talk
MS about; Are YOU by Nonr VOTE. soin:;
you want? No! | believe every ntelli
gent man in the Senate when his VOTE. Is
recorded will record il i'll sympathy with
this protest which has been entered here
from the business men of our State. Did
/ speak of the mutual insurance comph- :
MES and the three Grange companies,
MANY of them We're represented 1T that
meeting. They .lr" the men that the Setl-
;tCr from Knox WishS to prutcct-thc
people OF oar Stat" who lave he small
policies. the people who-the srntlrnan GA
III. other side Will ar%ut-nred the pro
lection more than the business lrtu with
their corporations and warned interests
They will argue that the husii:'>S man
ana his large amount OF Insurance VIII
get good terms rom thu insurance coh
panies. but that the farmer and re
Granger and the mechanic. mth wtl" Per
hdbs have not rs micl. Influence nave p',t
small policies. and that they are the mn
" HON the insurance c"mlg'nl.S are E"lIl5
t" Lrowhcat. Those il companies t1E'%
the law as it is. Why nay friends. d" E",i
r.:illZ" that those i companies carry "Nr
S;GWW,WD insurance Last wear. ana me tN-
pcnS.. of maintaining those completes WI
Si3.g4 bein., only So to company m
the question OF salaries ihoS' are W
con PANT that ar" sllilhS ci"n' 10 IN
wind. They are the ,onlpii''ieS Whtch are
economical. They are me ''"n!ntlii'H
which are protecting the iirm"r ana tht
Granger. They ire the companies when
are inSuring farmers and GrinSerS WHO
c.rEOt get insured in some oI tn l'rStr
companies that come into our state seek
ing business. and when tntN cone b"lor''
this committee ana ass us II! no unr.l it'n
| terms To- leave the law as il is: that they
wer" satisfied with ii. | coulh do no NOR
| than to say: Il believe yon are right;
You have. investigated this matter and
YOU have, a right to stand ferOre this COM
n.itt,... and TO state that You have knowl-
| edge of what you ask. assume that
| the 7 atitionS ana rcullt SITS o! the Changers
J Of oar State should be respected.
DO YOU realize that in the los losses by
| ire last year that Were adjusted by in
surance in the II foreign companies that
did business in o.r State. only 1-3 pc"
cent. We're adjusted by arbitration? The
other 96 per cent WAS amicsibl" settled
between the companies and tn" Insured
and are bound to believe they w,r.
settled ;micahlY to the insured. And morc
| than that. i'll no one case did these com
parties assert their right OF carrying to
| court any part of 1t bearing upon the
Is not that :; good showing for the law
| il oar State. and is il rot right to let well
enough .,Iore' This law WAS passed IN
der the influence and recommendation OF
on. OF the strongest and ,blcSt lawyers
| III the state Of Maine. when he occupied
| the highest chair in OlIr Stitt-tiovtrnor
Cleavt>. In 1885 h. recommended in his
| inaugural that should adopt / stand
| ard policy providing Tor AN arbitration
| clause. He realized. as any of you Will
ii you will look back to the history or
| 1894 of the number Of contested cases that
were in our courts. that something mad To
De zone 10 tne people OF Oiif state
| from spending the ls'rg" amount they
world receive from their policies in pro-
tecting their riehts in the courts. II"
urged. and it was through his Instrument
tally thtt this Inv WAS 1Eissed.
1t was also urged in the inaugural ad =
dresses OF Governor Powers and Govern
| or Hill They realized as we'll us Co
| ernOr tle;tv"S the satisfactory way in
which the law was working. The law
WAS copied after tine Massachusetts, act
at 1887. and i'll Massachusetts hut once.
Ln IN .fV
remove the arbitri ton clause. and on
that the committee reported ought not
To pass.
In our own States two attem,ts prior
to the present one have been nlit,i", one
II, 1891 and another IN 1853. In both cases
your committees reported ought not To
pass. and [ believe the Intelligent. sober
second thought of the present senator's
Will be that the present bill in regard
to the arbitration clause ought not to
pass.
Now there are two matters that want
to Impress urOn your TirdS. for. Mr.
President and senators, | am willing to
assume that any man who attends this
hearing here today with his mind in Il
receptive mood to rcC"i:e the argument
which il honestly given may change his
mind from what he previously thought
WAS an honest Interpretation of tn. Law
but what his vot" will be what it should
h"; and ii | in my feeble way can in
Struct or imphrt I" any senator here
present any thoughts in regard 10 thu. ar
bitration law which he has not Realized.
| should claim II his privilege to
reconsider any action. or any assurance.
h" :naA hay" given any fellow senator il.
II gard to what WHY he would vote upon
TINS question when it c;trn" up for add
juStmCnt.
Fearing that III mind ! wish to impress
upon your minds two facts; md if | can
not prove their truth | do not ask your
| support for the minority report one is
that the insured will get hi; money. and
do so quicker under the arbitration CLAUSE.
| III the Maine standard policy than n,,
| would il Il" had the right of trial hy JURY
| The other is that the insured pay a less
premium under the present law til IN h.,
| would II II" had the right to =, to the
| courts. These are two questions that vi
| tally affect the people OF oar STATE
| lou al know thai when III. farmer ar
tn. business man has u fire loss the iir+;
| thing he wants is to adjust his in Suruncr
| policies. II" wants to get on lis 1,rt. H..
| wants the money that is right. mis- IT,
| 'u'!d his little farm or to bus Il new stock
| Of goods.
| Now if YOU gave the inSured the right
| to trial by jury doubt ii there j. "A fair
| min led nan here present within Ire
| bearing of my voice hut will Si,- that if
| that man goes to the courts there will he
| III many cases dclaN-in MANY C;tsrS the
| matter VIII he carried to the law court -
| IN many caSeS the payment will he de-
| fcrred longer than it would he rlndcr tho
fl ,t-J. -,