The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-09

Several OF the local insurance managers
were present, some out OF curiosity and
some as officers of the board which is sued
to be restrained from boycotting the Con-
.tinental non-board company. Attorney
Page of Page & Eells appeared for the de-
PENDANTS, and Samuel NJ. Shortridge of
Shortridge & Delmas for the plaintiff.
Mr.. Shortridge read an affidavit of w. S.
Duval on behalf of the Continental COM
pany. 1t opened with a statement that
Frank c. Ensign, an insurance agent at
San Jose, was compelled to resign from the
Continental agency that he might keep
other companies in the compact.
The greater part of the document was
taken up wi tn legal review of the COM
pact's rules and constitution.
George W. Spencer, president OF the
board, in an affidavit, denied that he had
threatened Duval, but did his best to per-
suade him to join. He finally declared it
was absolutely false. that the union COM
panies com bined to destroy the Continen-
tai or prevent it from doing business on
the coast. The association of the insur-
ance companies is solely for mutual in
terest, Mr.. Spencer averred, and such pro-
vision OF its rules and constitution as refer
to companies not belonging to the assOcia-
ton are not Ieveled against such COM
panies with the object of injuring them
but OF protecting the companies in the
association from the assaults upon their
own business by the non-board com panies.
J. w. G.. Cofran made in his affidavit,
which was read by Mr.. Page, a general de-
NAL that he had said to Duval eve shall
simply wipe you off the face of the EARTH"
When the atfidavits were submitted Mr..
Shortridge made an argument covering in
detail the broad scope of matter INTRO
6noad in aITIHnnpo 1oCfincr
hours. He dwelt fully on the difficulties
met with in preparing evidence and infor-
nation from various points on the Pacific
Coast, TO impress the court that all dill
gence had been used by the complainant
to bring the case to a speedy termination.
Il have listened in vain for any fact
said he, Gin law or equity that should cause
this court to change its position in regard
to the temporary restraining order. Now
the complainant seeks further relief and
shows cause why it should be pro-
tected and the defendants are called upon to
show cause why the restraining order
should not be continued. The United
States Court of Equity has power to throt-
tie monopoly, to check oppression, such as
a common law court has not the power to
accomplish. The facts proved in the case
would authorize numerous suits against
each and every member of the board of fire
! underwriters"
the court could enjoin, and on that ground
alone he asked the court to continue the
restraining order, and If that were all to
have bond to prevent a recurrence of the
hardships against the plaintiff.
If on the one hand there was person
and on the other an aggregation of cor
porations threatening to ruin his business
and coercing the public, the court would,
he believed, enjoin the combine from boy
cottlng. Ii the court were convinced on
this preliminary hearing that there was
an unlawful interference with the COM
| plainants business, the spirit of truth
and justice permeating every decision on
such cases would prompt 1T to give the re-
lief desired
''Who are the parties before the court?
The complainant is corporation organ
lied in sister State, and authorized to
| transact business in the State of California
and elsewhere on the Pacific Coast, said
Mr.. Shortridge.
'The defendants, confederating under
the name of the Board of Fire Under
writers OF the Pacific, are a gigantic and
powerful compact, organized for the pur
pose OF controlling the business of fire in
surance on the Pacific Coast; they are
trust seeking to stihe and crush out all
competition, to coerce all companies to
join them, 10 fix arbitrarily the rates of
insurance, dangerous combination, an
unlawful association, the purpose OF which
is to impose monopoly on the property
owners throughout the Pacific States and
Territories. Defeated heretofore in legis-
lative halls, the people, represented by
the Continental Insurance Company,
comes into this court of equity and seeks
to restrain this colossal monopoly of its
power to do evil.
''Such appeals have never been made in
vain. A court of equity will deprive this