The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-10
Wide SCOPE OF AN
ORAL ARGUMEN I.
S. M. SHORTRIDGE HAS HIS FINAL
SAY IN THE GREAT INSUR-
ANCE CASE,
D. M. DELMAS WILL CLOSE.
NOT ONLY THE INSURANCE Com
PANY BUT THE PEOPLE ARE
INTERESTED.

Samuel NJ. Shortridge closed his argu-
ment in the injunction proceedings of the
Continental Insurance Company against
the Board of Fire Underwriters of the Pa
citic Coast yesterday. 1t was an able
effort, and United States Circuit Judge
Mckenna showed his appreciation of the
points raised by counsel by stopping him
on several occasions to ask for further in
formation on the subject.
81 will ask the court" said Mr.. Short
ridge in conclusion, 'tO note the nom
intercourse laws laid down by the de-
PENDANTS; to pay especial attention to the
penalty that such rules impose on the in
surer; to note the injury it infiicts upon
the agents of the Continental Insurance
Company, and lastly the continual dam
age it Is doing to the business of the COM
pany itself" Mr. Shortridge then read a
portion of the complaint, which sets forth
that the Board of Underwriters is COM
bined to charge the property-owneTs 10 per
cent in excess of the rates at which the
Continental and other nOn-intercourse
companies are prepared to do business.
He then asked for an injunction in order
that the Continental might try to break up
the monopoly and give the public COM
petitive rates
Judge McKenna-What can be done
in regard to the agents you speak of, and
how can the court act so as to give the
insurer and the insured equal justice?
Shortridge-We aim at the suspension
of these nOn-intercourse rules by means OF
an injunction. This arbitrary law set up
by the Board of Underwriters is unjust to
the Continental and equally SO to the
public.
Judge Mathematician one of the things
you would have the court do would be to
enjoin the writing of these letters to the
agents of the Continental Company?
Shortridge-I would ask that they be
prohibited.
Judge McKenna-You state that the de-
PENDANTS decline to receive or place rein
surance from the plaintiff, and that these
board companies refuse to do business
with property who insure in the
Continental2
Shortridge-I do, and I think court of
equity will, by proper decree, prevent
erty-owners as reason for not doing
so that the plaintiff company is not a
member of the board and that they can
not therefore do business with it. This
compact is a menace to the people; it
seeks to arbitrarily control the insurance
| business on the Pacific COast-tO create an
oppressive monopoly; its object, its pup
public policy. This court is asked to pre-
vent the carrying into effect of this unlaw-
! full compact's unlawful purposes.
The attorney then quoted the case of a
Cincinnati typographical union which at
tempted to boycott printing office. Cir
| culars were sent to all the patrons of the
latter and his business suffered a great
deal He applied for an injunction and ii
was granted. Mr.. Shortridge then drew
the analogy between the Cincinnati case
and the one at bar. In conclusion, he said
This organization is an unlawful com
bination against public policy. 1t destroy!
competition among its members and by
| the enforcement of its non-intercourse sec
ton the complainant is suffering irrepara-
| BILE damage and the public is greatly
were bringing suit in this instance
there would not be a moments doubt
as to the outcome, and as the inter
ests of the people and the Continental
| Insurance Company are so closely allied
we trust that the result will be the same
What form of injunction we will ask youl
Honor to issue we will suggest after care
| fully considering the matter"
Charles Page of Page & Eells opened the
case for the Board of Underwriters. He
went over the case as presented by Mr.
Shortridge, and carefully analysed the
argument in favor of an injunction. He
| referred to the vast sums involved in the
case and the reputable business men who
were mem bers of the Board of Underwriters
| He insisted that no one had been coerceC
into Joining the ranks of the Board of Tn.
derwriters. 1t was late in the afternoon
when he concluded his address, and the
court then adjourned until tomorrow a
IL A. NJ, at which hour D. NJ. Delmas vii
close for the Continental Insurance Com