The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-03-30
KICK THEM OUT.
Suit Commenced to ExpeI so
Fire Insurance Companies.
Action Based Upon Kansas Anti
Trust Law.
MOOTED RATE SHEET.
1t Again Forms Grounds For
Court Procedure.
Penalty of 81, 900 Asked From
Each Concern.
THE COUNTY BEHIND TT
GaIen Nichols Brings Action in
District Court.
Temporary Injunction Against
All Companies Asked.

All Companies Asked.
County Attorney GaIen Nichols brought
suit in the district court this morning
against SO insurance companies doing
business in Topeka to prosecute them
under the trust laws of 1897.
The SO companies mentioned are all
known as union companies and the
petition names them as subscribers of
the rate book issued by the "E1ldridge
Inspection Bureau" County Attorney
Nichols suit against them means that
if judgment is recovered against them
each company will Ee liable under the
antitrust laws of 1897 and he asks for
a penalty of 81 900 apiece and a penalty
of 800 day apiece for all that continue
to do business after the judgment is re-
covered and that they forfeit all their
rights and franchises. The suit viii be
known as THE State of Kansas versus
The Aetna Insurance company and IS
the first case to be brought under the
antitrust law The statute provides
that the attorney general may bring the
case in any county but also gives the
county attorneys the same right.
The petition in the case alleges that
the companies are doing business in
Shawnee, duly authorized and licensed
and that they pay fees to the superln-
tendent of insurance. In citing the
charges the petition says: That each
and all Of said defendant corporations
QnlaWIully, Illegally ana WlkIQ1lE4 mis-
used and abused, and do now so misuse
and abuse, their franchises, rights and
privileges as fire, lightning and storm
corporations authorized to do business
under the laws of the state of Kansas,
in this, to-Wit: That each and all Of said
defendant corporations, by themselves
and through their authorized agents and
representatives, have unlaWfulIy, illegally
and svflfulfy created. entered into, and
become members of and parties to a GER
tain trust, agreement, combination, con-
federation and understanding with each
other, and with other fire insurance cor
porations and associations of persons to
unlaWfully illegally and Wilfully reg
ulate fix and control the cost and rate
of insurance to be paid for insuring
property in said city of Topeka, county
of Shawnee, state of Kansas, and in
other portions of said state and to un-
lawfully. illegally ana W1ltuIly prevent
competition in said business in said
county and state.
And the said defendant corporations,
members of and parties to certain
combination are commonly known as
Union Companies
THAT said defendants and each and
every one of them, in person, or through
their agents and representatives as
aforesaid, have bought, become sub
scribers to and take a certain rate book
books and map or maps, compiled,
made and published by a person or per-
sons, commonly known as the 'Fldridge
Inspection Bureau That said Eldridge
and others associated with him, compile
city Of Topeka, county and state afcre-
said. That said books and maps give the
cost and rate of insurance against fire
and other casualties, to be paid by citi-
zens of Kansas for policies issued upon
property in said state by said defend
ants
That said Eldridge Inspection Bureau
further supplies the said defendants and
their agents with supplemental slips or
sheets and supplementary maps, giving
information concerning the risk and the
consequent cost and rate of insurance on
any property not originally listed ana
mentioned in the said rate book and map
aforesaid That from time to time, be-
cause the building of new buildings, and
for the other reasons, that said Eldridge
Inspection Bureau send out supplement-
al slips and maps to the said defendants,
or their agents. herein mentioned Civ
ing a modified or changed rate of in
surance on certain pieces Of property al
ready listed in said rate books and
maps. The said modified and changed
cost and rate of insurance is adopted by
said defendant insurance corporations,
and each and everyone of them, and the
individual owner of said property IS
compelled to pay the cost for new inSur-
ance according to the rate and cost mem
toned in the said supplementary slips
THAT said Eldridge Inspection Bureau
is the successor to the Clarkson Tnspec-
tiOn Bureau. and Is operated and run in
the same manner as that was, and by
many, if not all, of the same individuals
who operated, controlled and owned the
said Clarkson Inspection Bureau. That
on or about November, 1897, the saIo
Clarkson whose name appears in the
name Of the ClarksOn Inspection Bureau
as aforesaid, discontinued his said pub
lications of rate books. maps and slips,
because of the fact that the superintend-
ent of insurance Of said state prohibited
the defendants and all other insurance
corporations from using the said rate
books, maps and slips. ruling that the
said use was an infractiOn of the anti
trust laws of said state. That the said
EIdridge Inspection Bureau was there
upon organized and began its business
and operations to take the place of the
said Clarkson Inspection Bureau and to
continue the business ir another name,
but in practically the same manner as
Heretofore conducted by Clarksou and
which C1aIkson had discontinued for the
reason aforesaid that the said defend
ant corporation. and each and every one
OF them, were subscribers and took the
rate books, maps, supplementary slips
and sheets of the said C1arkson Inspec-
ton Bureau, and when it was succeeded
by the said Eidridge Inspection Bureau,
said defendants, for the unlawful pur-
pose and design Of evading the laws OF
the state of Kansas, subscribed, ordered
ard purchased of the said EldTidge In
spection Bureau the books. maps, and
supplementary slips and sheets afore-
said, Intending that the said books, maps
and slips were to be unlawfully taken