Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-01-25

written request to appoint referees. it
shall not have named three men, each
of whom shall be a resident of the
state ana wiling to serve. In the case
IN question the company named with :
IN the time limit three men, each OF
whom was a resident of the state and
willing to serve. 1t would seem there
| tor" that it had complied with the law
and should not have been deemed to
have waived the right to an arbtra
tlon. When. therefore. the referee Sc
lected by the insured found himself
three days after his selection unable
to serve on account of the death of
his father, contingency for which
no blame could attach to the com
pany, 1T promptly notified the insured
of the fact and submitted the name of
another person. The court decides
that, under the circumstances. tho
company must be considered to have
waived the right to arhitrate because
the law contains no provision giving
II the right, either to present a new
name of to name three new men from
whom the insured could make q Soc
cond selection. nor does it specifv anv
time limit beyond the single term of
ten days. In order that the intent of
the law may not be nullfied in such
cases. 1t would seem advisable that
provision should be made whereby =
company which has acted i'm good
| faith, as in this case it is admitted to
nave done, shall not be penalized for
pelng unable to perform an impossi-
ously under the circumstances. adj
Vanced the argument that the right
commended for by the company would
enable 1T to defeat the purpose Of the
statute through a change of mind,
on the part of the referee selected
The argument that. under its own ruI
ing, the purposes of the statute might
just as easily be defeated through a
| 'fhange of mind induced in the ref
cree by the assured is equally peril
hent There is no need here of de-
| tending the principle of the arbitration
| clause in the fire insurance polcv. for
| It's use is sanctioned or made compul-
! sorry by law in every state in the Tn
| ION. Its value to the assured as well
| as to the company is recognized bv the
court IN the present decision. If.
through defect in the Maine law.
either of the parties to the insurance
contract is deprived of the right to
an arbitration, the law should be
amended"
hon. Paul D. Sargent returned Sat
uroay night from a trip to New York
where he went last week to attend a
meeting of highway engineers called
by special committee of the Aneri-
can Society of Civil Engineers appoint
ed a year ago to consider bituminous
binders for road surfaces and to
formulate tests and analyses for the
same. From so to 100 engineers We're
present at the meeting. representing
the New England and Middle Atlantic
states. Papers were presented from
engineers in Florida and Texas treat
ing of the question under considera-
ton. The meeting was entirely in
formal and was devoted principally to
rehearsal of experience of those
present in the use of bituminous bind
ers and large amount of practical
information was brought out. At the
close of the meeting the chairman of
the committee stated that while in
yestigation had been in progress for
the wear the committee was far from
being ready TO report definite con-
clusion and that the investigation
would have to be carried on for some
time yet before that point could be
reached.
The tuberculosis exhibit of the State
Board of Health. which has been shown
at many places in the State during
the past two years and which is with
out doubt the best in Maine, will be
taken to Pittsfeld today to be shown
at the meeting of the Tuesday Club
this afternoon and evening. and be-
foreS which organizationDrA Nichols
az, Tie HebrssS6aHe toEiuin WA lecture
this evening 81 the subjeet ~ tuber
culosis. Miss Gertrude Carver of this
city will accompany the exhibit.
The following corporation has filed