The morning call., 1895-02-24
THE INSURAN CE
WAR NOT over.
SERIOUS CHARGES MADE AGAINST
THE BOARD OF FIRE
UNDERWRITERS
BY CONTINENTAL COMPANY.
CONSPIRACY AND ATTEMPTED Co.
ERCION ARE AMONG THE
CHARGES.

The insurance rate war mas only seen us
inception. The Continental Insurance
Company and the Board OF Fire Under
writer's of the Pacific are at outs. In con-
sequence elimination and recrimination is
the order of the day The plaintiff has
employed one of the most important legal
firms in the city to look after its interests,
and lively times are expected.
a suit has been commenced. 1t is en-
titled: The Continental Insurance Com
pany vs. The Board of Fire Underwriters
of the Pacific and the Fireman's Fund In
surance Company. Coupled with the de-
PENDANTS are George w. Spencer and Alfred
Stillman Judge McKenna granted a pre-
iminary injunction yesterday against the
defendants and the war may now be said
to have fairly begun.
In its complaint the Continental Insur-
ance Company makes serious charges
against the defendants. They tend to
show that instead of the rate war being
over it is only in its inception.
According to the papers on file the Con-
tinental Insurance Company is doing bust
ness under the laws of California, and the
Board of Underwriters is a secret society,
many of whose members are aliens. The
association is designed, according to the
complaint, to coerce the Continental In
surance Company, and "to interfere with,
vex, annoy and obstruct it in the proper
management of its business"
The complaint then goes on to state that
the defendants seriously interfere with the
plaintiffs freedom of action; that they
have "entered into a conspiracy to force
the plaintiff to join the association; that
they wish to prejudice the public or op-
!, ~.
to the power OF their confederates, and to
effect their purposes, whether by extortion
or mischief"
Further, "that the defendants have asso-
ciated with themselves large number of
persons, individuals, companies, corpora
tons and firms" who are too numerous to
be made parties to the suit.
1t also charges that the defendants
have conspired by agreement not only to
regulate their own conduct but to inter-
fere with the rights and privileges of the
Continental Insurance Company, and,
through Alfred Stillman, have been guilty
of a conspiracy contrary to law.
The defendants wished to compel the
plaintiff 'to carry on its lawful business
below certain rates fixed arbitrarily by
them" Because it refused the defendants
have endeavored to boycott the institution,
and have also 'driven away patronage
from the plaintiffs office, and in its efforts
to destroy all competition has forced the
agencies of the plaintiff out of business.
The complaint then sets forth that the
same dishonorable methods employed in
San Francisco have been used in Seattle,
Tacoma and Port Townsend, and that a
similar boycott has been ordered in Spo-
kane.
The attorneys for the Continental Insur-
ance Company-Messrs. Delmas and Short
ridge-lost no time in laying the matter be-
fore United States Circuit Judge McKenna.
After duly considering the matter his
Honor issued an injunction, and in doing
SO said:
And in the meantime and until the hearing
and final disposition of this order to show
cause, you, the said respondents, the Board of
Fire Underwriters of the Pacific, Cesar Bet
theau, George G. BOardman, George f. Butler,
Homer Craig, w. j. Callingham, Charles Chris
Jensen, 7. J. Conroy, ]. G. Cofran, A. d. Harri-
son, Charles D. Haven, George W. Spencer, AL
fred Stillman and the Fireman's Fund Iusur-
ance Company, a corporation, and each OF you,
and your and each of your attorneys solicitors,
agents, workmen and employees, are hereby
and until the further order of this court, com
manded to absolutely desist and refrain from
in any way interfering with the plaintiff in its
perfect liberty of action in the pursuit OF law
ful business, from continuing unlawfully to in
jure the plaintiffs property and business, and
from in any way interfering with and from Ia
preventing plaintiff from following its said
lawful business; (b) from endeavoring, by such
join the said Board of Fire Underwriters of the
Pacific; tc) from interfering with the rights and
privileges of plaintiff and its employees, agents,
ATTORNEYS servants and Workmen, It's assureds
and the public; (d) from all attempts to coerce
the plaintiff, its employees and agents, employe
and agent, of their and his individual liberty
to work Tor the plaintiff as an en-
ployer and master in its said lawful
business; (e) from the use by threats, men
aces intimidation by circular, letter or telegram
and by circular, letter and telegram collect
lively and singly, or by any other like or dis
similar method, from combining and conspir-
ing to compel this plaintiff not to carry on its
said lawful business OF making insurance
against fire below certain rates arbitrarily
fixed by said defendants; ~ from combin-
ing together with their said associates for the
purpose of preventing plaintiff from carrying
on its said lawful business at rates suitable to
plaintiff as corporation; (g) from their and
each of their attempts to boycott the plaintiff
and its clerks, agents, attorneys, servants,
workmen and assureds in the said business OF
insurance against loss by fire; M from their
and each OF their attempts and attempt
against plaintiff as a corporation in the
prosecution of its lawful business,
and from each and all and every unlawful at
tempt to injure the business of this plaintiff
"a from each and all and every attempt by
each and all and every defendant in combina-
ton, by their, his and its agents, attorneys,
clerks, servants, employees and workmen to
drive away business from plaintiff by threaten
ing plaintiff S aSsureds, the public and plant
iff s agents, clerks, attorneys, servants and
coercion to destroy all lawful competition of
plaintiff, the public and others, affecting the
said combinations OF defendants, and the afore-
said unlawful constitution OF the said Board of
Fire Underwriters of the Pacific; (k) from COM
bining to coerce the said plaintiff its employees
and agents respectively to become members of
the said Board of Fire Underwriters OF the Pa
citc; (D from all interference with, yexation
or annoyance of the plaintiff in the working
OF its lawful business I'M from all acts of vexa-
ton and annoyance, or vexation or annoyance
with a view to induce or TO compel plaintiff to
become members associates of the said
board; I'M from combining to prevent plaintiff
from making a just discrimination in the
wages paid to its agents, attorneys, clerks, en-
ployes servants, solicitors and workmen; (o)
from interfering with plaintiff in its perfect
freedom as an employer in carrying on its law
fu business OF insuring against loss by fire; (p)
from combining TO dictate and in debating the
terms upon which plaintiff shall conduct the
said lawful business; (q) from threatening
injury and loss so as thereby TO interfere with
the custom and patronage accorded by the
public to plaintiff in its aforesaid lawful bust
ness; (T) from interfering with the lawful en-
ployment OF other persons by plaintiff and
from doing any act calculated to abridge the
rights and freedom OF plaintiff in its said law
full business, until the further order and decree
of this court in the premises, and you and each
OF you are hereby commanded and strictly en-
joined under the pains and penalties which
may fall on you, to absolutely desist and re-
frain from committing. said aforementioned