The daily times. [volume] (Wilson, N.C.) 1902-1936, 1921-04-13
INTERESTING ARGUMENTS
IN ENES ING ARGUMENTS
Automobile Indemnity Com
pany Forbidden to Operate
in the State. Insurance Com
missioner Warns the People
That This Company is Not
Licensed in N. c.
(By Max Abernethy)

Commissioner Stacey w. Wade's re-
cent action in requiring the Belt Au-
tomobile Indemnity Exchange of
Illinois to pay two claims in North
Carolina over which there arose
some difference of opinion as to the
rights of the policyholders, gave rise
to the withdrawal of this exchange
from the State.
Commissioner Wade maintains
that everything favors a company
selling insurance, since it provides
the contract and imposes all of the
condition, and often provisions which
might prejudice the rights of the
policyholder are included without his
knowledge or assent, or without any
explanation as to their full import.
Consequently such contracts should
be so literally interested as to strip
them of mystery and technicalities,
and to guarantee to the policyholders
common sense protection and fair
| treatment.
No objection is interposed to the
fullest investigation of each claim,
and where the existence of fraud is
| established the company has ample
protection, but no bona fide claim
should be rejected until such fraud
| is proven.
The Belt Exchange is not now
licensed in North Carolina and the
policyholders as well as the public
generally, warns Commissioner Wade
should be governed accordingly.
Argument on the petition of the
Southern Power Company before the
week for an increased schedule of
rates that it may charge it's custo-
mers for hydroelectric power pre-
sents the most interesting legal battle
the commission has ever been called
to pass upon.
The fact that while the power COM
pany, is opposing a motion made by
cotton mill interests which are in
turn opposing the proposed increases,
because denial is made that the tran
smission of it's power is interstate,
the same company is before the State
ISupreme Court representing that the
Federal Court is where the action,
involving the old fight of the North
Carolina Public Service Company of
Greensboro and High Point, should
have been brought. The latter case
began when the Southern Power Com
pany threatened to discontinue serv-
ing the public utilities of the two
lcities.
For the interests opposing the Pc
tition w. P. Bynum of Greensboro
filed with the commission and sup
ported it with argument brief deny
ing the State commissions right to
pass upon the question at issue. He
asks that the Southern Power Com
pany be sent to the Interstate Com
merce Commission, and that if that
body does not have the right and
power of jurisdiction then the power
company cannot and ought not to be
interfered with in making its rates.
Reason for this position is that
the State commission has no juris-
diction over interstate commerce
business. The transmission of hydro
lelectric power into North Carolina
over the Southern Power Company's 8
lines is interstate business, it is con-
tended, since the current originates
in South Carolina. Transmission OF
the power from one state into anoth-
er takes from it corporation COM
mission, it is argued, the right to fix
rates.
Attorneys from the power COM
pany contend that all of the courts
have previously settled the question
as to whether the corporation COM
mission had jurisdiction and that
until Congress. enacts a law regulat-
ing the movement of electric current
| Continued on page 81