The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-03-12
ALL IN A MIDDLE
County Commissioners Have
Trouble Over Insurance Case.

The county commissioners are in
somewhat of a middle over the anti
trust eases brought against 56 fire in
insurance companies by County Attor-
ney Nichols.
The commissioners at first sanctioned
the prosecution of the cases under the
SuppOsition that the county would be
benefited financially and when the COM
missioners found that no fines nor pen
alties would be paid into the county
treasury, but would go into the school
fund, they tried to gracefully back out
of their position.
Now the commissioners are in the
position where they must furnish some
funds. If the cases are decided in favor
of the insurance companies the com
missioners will have a bill for court
costs amounting to al least 500 to look
after and if the commissioners decide
to use all means to avoid the payment
of the costs. by having the cases ap-.
pealed, they will stand to increase the
expense in the supreme court several
hundred dollars. 1t will cost $500 OF
$500 to take the case to the supreme
court.
The commissioners fell into trap.
Soon after County Attorney Nichols
began his official duties, in January.
1901 he brought the cases against the
Sc insurance companies under the anti
trust law The law provides for d fine
of from 800 to 81 600 in each case and
the Insurance companies continue to do
business in violation Of the law and are
found guilty of a nuisance The com
nissioners had visions of several thou-
sands of dollars going into the county
treasury. The commissioners entered
into written agreement with County
Attorney Nichols and D. r. Hite that
they should prosecute the cases ana
for their fee receive one-fourth OF the
fines and penalties.
Then the commissioners were informed
by other parties that they would NOT
have the handling Of the fines and pen
alties and that according to the
provisions of the law all the money
would go into the school fund.
Then the commissioners tried to
back cut When it came to ad~
vancing funds for the attorneys to go
to New York, Chicago and other points
to take dispositions the commissioners
declined. hoping thereby to get out OF
the agreement.
This did not seem to stop the pro-
ceedings as the attorneys went anyway:
The dispositions were taken. The cost OF
the dispositions in the meanwhile IS un-
paid and the decision of the cases WIN
the suits are lost the commissioners VIII
have them to pay. If the commissioners
decide to carry the cases through the
supreme court in hopes of winning ana
avoiding payment the co-counsel, Mr.
Eiite. win undoubtedly want a fee for
his labor. The commissioners viii then
have to decide definitely what action to
take regarding the cases.
In the fifty-six suits there will be no
fines nor penalties. Judge Hazen de-
cided that in the trial of the cases.
There were two causes of action
brought. One to enjOin the companies
from doing business and the other ask
ing for the penalties to be paid by the
companies from March I, 1901. to date
If the ffty-six companies could be con-
victed of being in a trust and if the 500
March /, 1901 to March l. 1903, each
company would owe $4,000 in forfeits
and the fifty-six companies would owe
81. 0S9 000 That was nice vision for
the commissioners but Judge Hazen de-
cided that as the companies were not
being prosecuted for a misdemean0r that
no fines and 10 forfeits could be i'm
posed and that the case could continue
only as regards the injunction The
visions of wealth that the commission
ers had entertained went glimmering.
The test case against the Aetna COM
panv will be decided soon by Judge
Hazen and if he denies the injunction
then it will be up to the commissioners
to decide whether prosecution under the
antitrust law shall continue or not and
if the case is decided in favor OF the
prosecution the company viii appeal
and the commissioners will have to deal
above board and grant or refuse to bear
the expenses Of the case in the supreme
court.
do something that would lessen the no
tice Of his inactiVeness as regards the
prohibitory law has gotten the commits
csc arG into hot water