The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-13

o. Wnicn are unknown to this aff1ant,
Is authorized and permitted by the
above named defendants to fix the
cost and rate of fire insurance to the
citizens of this state and upon the
property of citizens thin this state
and that by means of the agency and
acts of the said Charles E. Eldridge,
free competition in the business of
fire insurance in this state has been
greatly restricted and almost totally
abolished.
"Affiant further says, that by means
of the aforesaid unlawful arrange
ments, trust and combination between
the above mentioned defendants the
rates and costs of insurance has be-
come fixed at such high, unreasonable
and extortionate figures - to be, In
many instances. almost prohibitive
and the aforesaid unlawful practices
on the part of these great corpora
tons made defendants herein, make
and are making plausible grounds
and excuses for the creation of certain
cheap and irresponsible insurance
concerns which comply with the laws
of no state. and which prey upon the
public in the guise of tranSac citing a
pretended insurance business, all of
which is to the great detriment of the
citizens of this state"
Threaten a Receivership.
The petition of the state recites at
length the charges made by Mr.. Barnes,
and concludes with prayer for an in
junction to prevent continuation of
the evils described. 1t then asks that
receivers be appointed for the companies
If the injunction is not promptly obeyed.
1t was deemed best by the attorney
general to bring injunction proceedings
in the district court instead of quo
warranto in the supreme court, because
the injunction Will accomplish all the
purposes desired. 1t is not the desire
of the state to Gust the fire insurance
companies from doing business in Kan
II 70 q
use of competition-destroytn devices.
The prayer of the petition is as fol-
lows:
And plaintiff further prays If the
temporary restraining order or final de-
cree of this court is not promptly COM
piled with in good faith by each of said
defendants that this court appoint
receiver for each defendant violating
such temporary restraining order OF
final decree to take charge of the bust
ness of each of such delinquent de-
PENDANTS within the state of Kansas and
to direct and authorize the said recetV-
er to operate such business within mis-
state until such business is placed upon
an absolutely independent footing and
freed from the corrupt and blighttnge
influence of the unlawful arrangements,
trusts and combinations herein above
set forth. and until such business is
adjusted so as to be successfully Oper-
ated as contemplated by law
Order of the Court.
The fact that the suit against the in
surance companies has been under
consideration for some time is shown
by the fact that the order of the court.
which was signed this morning by
Judge Dana, was prepared ready for
his signature in printed form. The or
der is follows:
Now, therefore, it is ordered by the
court that a temporary injunction is
sue to said defendants, and each of
them, and that they and each of them
are hereby enjoined and restrained
until the further order of this court
from proceeding further with any, of
the unlawful combinations and ar
alleged in plaintiff s petit
ton, or from doing any act whatsO-
ever in furtherance of said arrange
ment and combination, and they and
each of them are temporarily enjoin-
ed and restrained from doing any act
of similar nature to said unlawful
com binationS, or in which in any way
is designed to or tends to control the
rate and cost of fire insurance to the
of Kansas Within this state,
and the defendants and each of them
are temporarily enjoined and re-
strained from confederating together
for any such or similar purpose, and
they and each of them are restrained
and enjoined to refrain from the viola
ton of section 2430 of the general
statutes of Kansas of 1901, and are re-
and enjoined to refrain from
the violation of all other laws OF this !
state prohibiting arrangements, COM
binations, pools trusts and agreements
in restraint of the trade, business and
commerce of this state.
and the defendants and each of
them are further restrained and en-
Joined from removing or secreting any
of the rate books. letters or other in
struments of writing or printing used
by them or either of them in fixing the |
cost or rate of fire insurance within
y, efo TO Of L n "
ing their agents within this state of
any rates so fixed and determined in |
of law, and the defendants
and each of them are further restrain
ed and enjoined from causing their
agents to deliver up any rate-books,
letters. or other instruments of writing
Or printing to the defendants. or any
Of them, or to any other person, or
from destroying or concealing them, |
and the defendants and each of them
are restrained from Secreting or de-
stroying any letters or communications
Of similar nature between them, or
either of them, and any of their
agents. and between any one of them
and any one of their agents, or from
the secretary or other officer of any
rating bureau located in Shawnee
county, Kansas, or any other central
agency or common medium of COM
between the above named
defendants or any Of them located in
Shawnee county, Kansas.
"a. w. DANA, Judge.
NJ. EIdridge Talks.
Charles E. Eldridge, the head of the |
Rating bureau, was informed |
by a State Journal reporter of the fl |
ing of the suit. He said:
This is a bolt out of clear sky, !
and 1 hardly know what to say. This |
rating bureau is a private business,
and have built it up by my own eff |
forts. From a business employing |
TWO persons. it has grown until it now
employees fourteen.
THE information we furnish to the |
is purely advisory We
simply inspect fire risks, and figure
,ut what the premium should be ON a
definite scale, allowing for improve
nentss and for changes in the prop
.rty which make a greater hazard. If