Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-12-03

and charges OF any business does not
deprive the legislature Of its own con-
trolEover such matters of the right to
create the state insurance board.
Sfxth-The- court will not pass upon
the constitutionality OF an act unless a
person can show himself entitled to
the benefits of the act or about to be
subjected to some Of its burden or
penalties. III
Seventh Exempting mutuals and
reclprocals does not deny the insur-
ance companies the equal protection Of
Eighth-The title Of the act is not
defective.
MULTIPLICATION made for court
appeal gives a speedy and ADEQUATE
remedy and an Injunction win not lie
to restrain the board within its juris-
diction.
Similar to Iowa Law.
The Oklahoma law being held con
stitutioDal in every respect in which
it was questioned and Ymany features
being Identical " ith tiieTso g !. t!te
State Insurance Commissioner Emory
H. English is Of the opinion that the
Iowa law can not be attacked success
fully
The insurance companies thru their
attorneys have given notice that they
will file a petition for a rehearing be-
fore the Oklahoma supreme court and
indicated that If this was denied they
would appeal the case to the United
States supreme court. How they can
hope for any relief from the supreme
court of the United States is beyond
comprehension, in view of the fact that
the court has passed on several cases
IDENTICAL with this and in each in
stance have upheld the right of the
state to regulate Insurance rates and
this seems to be the only ground on
which they can appeal to the United
States supreme court.
Under the operation of the law Com
missioner English says fire insurance
rates in Iowa are being equalized. and
defects in construction of buildings
corrected. SFavoritism in securing Of
advantages in rates having been pro-
hibited, property owners are invest1-
eating conditions surrounding their
buildings with the 9purpose of lessen
ing the fire hazard and thereby lower
ing the rate.
The law enables fire insurance rates
to be based upon physical construction
of the buildings insured, the hazards
Of occupancy and location and charac-
ter of fire protection afforded; Power
and authority to make rates is taken
away from the local agent and reruire-
ment that all rates charged shall be
public and filed with the state and
that all property of the same class and
degree Of protection and hazard shall
be entitled TO the same rate.
1t is not the intent that under the
new law the total of premiums col
lected in Iowa by insurance companies
shall be in excess of those heretofore
paid, but that distribution of same
be had upon a non-discriminative
basis. -s
Complaints made to the state insur-
ance department are largely included
in three classes-from the large in
surer who has in the past profited by a
preferential rate because OF his inf1u-
ence, from the property owner whose
building is bad fire risk and from
the property owner whose risk has
been improved by correction of defects
and the improvement in hazard notEre-
Elected in the rate. 1t is possible ifor
the last two named to secure the relief
to which they are entitled, but in the
first case, the man who has for years
let others bear a portion of his insur-
ance burdens must at last meet his
own obligations. The department is
adjusting complaints and securing
proper rates for many who avail
themselves of the regulatory advan-
tages secured under the law.