Every evening, Wilmington daily commercial., 1906-03-26

state Insurance Commissioner George
". Marshall is very much opposed to the
movement now before Congress to pro-
yde for Federal supervision of life insur-
snce companies, on the ground that their
business is interstate commerce.
~ have given the matter some study. %
aid DR.. Marshall to a reporter of Every
Evening 'and as | understand it. if such
a thing should become a law it would
make 10 possible for any company to do
business in any State, without being
nlbect to State control. Should there
Be such a law, | believe, it would cut
Delaware out of between $4,000 and
$4,000 a year, which is now received
from the companies in return for the per-
mission given them to do business here,
being the charge for supervision"
According to the latest reports from
Washington, it seems hardly probable
that Congress will pass such a law. The
House committee on Judiciary has before
II a report, which viii be presented with
practical unanimity, denying the right of
The Federal government to control cor
porations and declaring that life insurance
Is not interstate commerce and Congress
cannat take from the States their police
powers.
let it be said kindly, but not oifen-
sively." is the language of the report.
"that it is a monstrous doctrine. subver-
sive of our dual system OF government.
TO even suggest, after the distribution of
these great powers between the Federal
government and the States. that the
Federal government, created hy the
States, can take from the States the power
they have always enjoyed and which is
expressly reserved to them by the Com
stitution. Hamilton himself never made
such a claim"
The report has been drafted by Repre-
sentative Jenkins, chairman Of the COM
mittee, and an unofficial poll Of the mem
bers indicates that with practically no
exception they concur in its conclusions.
The report says: Congress cannot pre-
vent the making of a contract OF insurance
between a company in New York and a
resident of Oregon. After the contract
is made, when will the power Of Congress
attach, and to what The policy and
premium are not merchandise. As the
power of Congress does not attach until
the merchandise is in commercial transit
it could not become active until the policy
hlA PREMIUM oNdlt AAA NlllAA IDAlilNN anu
would terminate when the place Of des-
tination is reached, and the duty and
power Of Congress- would be 10 protect
both in transit, and that is the limit Of
congressional power"
Dr. Marshall says he believes that the
matter of regulating and controlling the
business of insurance companies should
be entirely with the States, and, in his
opinion, the Federal government has no
right to interfere.
He is OF the opinion, also, that there
should be some additional insurance
legislation in Delaware. His idea is to
have separate statutes bearing on life,
fire and casualty insurance, on the ground
that each is a separate business, in
dependent Of either of the others.
While the law gives the insurance
commissioner great power, he thinks
there is not enough law on the subject,
and at the next session of the Legislature
he will, in all probability, make an effort
10 have some additional insurance legis-
lation enacted.