Daily press. [volume] (Newport News, Va.) 1896-current, 1910-10-30

cal laws OF each country TO deterWe
whether the purpose to De accom-
plished by the combination, or the
concerted means Of accomplishing II,
be unlawful OF criminal III the fespec'
tive countries
Therefore. let us enquire whether
this combination to fix insur-
ance rates is criminal combi-
nation, per sc. in Virginia
Labor may combine for self help,
so may capital in its maniioid per,
mutations and combinations seek lis
own welfare by lawful means even
though It, in doing so, accomplish the
destruction of its competitor; or even
though il intends this result, so long
as its polar star is the betterment OF
self and it's means are lawful Thus
far 1; seems that The analogy between
capital and labor may go. But II cap
ital combines to mOnOpOlize. or de-
stroy competition in the PRIME neces-
stiles OF life, il was always at common
law. and | believe now Is IN virginia.
a criminal conspiracy.
Therefore, the question arises, 10
fire insurance in general, or III New
port News in particular, prime no
cessity such as that the combination
to fix and maintain rates at which
insurance shall be written in the city,
a criminal conspiracy? We know that
il is not prime necessity in the
sense in which meat and bread Is.
One has no option as TO wetner No
will eat meat and bread. II is eat
or die. Many people may insure or
not as they see fit. and do exercise
this prerogativo SO in that sense 1t
Is not a prime necessity; though
do not understake to lay this down as
a test OF prime necessity.
81 am aware that there are few
business men who are willing TO do
business without insurance, and that
scarcely any one will lend money on
property, real or personal. unless the
property is insured. So that in TINS
sense insurance has become an essen
tial to the transaction OF the every
day business of life. though ii be not
commerce, nor is the writing OF pol
icy of Insurance an act OF commerce,
nor. as usually held. commodity or
article at all | am also aware that
there are few places in the country
where a larger percentage of the peo-
pie are dependent upon borrowed cap
ital to build their homes or to trans
act their business than in Newport
News, and, hence where the people
are more dependent upon insurance.
"But Bouvier's Law Dictionary eX-
presses doubt whether the comm law
against engrossing applies at all ex'
cept to obtaining a monopoly OF pro-
visions and | am not prepared to say
that insurance is in the common law
sense prime necessity OF life in gen.
eral. or in Newport News in particu'
lar. SO as that a combination TO fix
and maintain rates in said city. on
account of it's tendency to destroy
competition In such prime necessity,
is per Sc. a criminal conspiracy.
This is. in my opinion, matter
Of too grave doubt in view of the pc
culiar nature of the business. in view
of the holdings in many of the states
and in view of our own statutory at
titude in Virginia toward such COM
bination. to justify me in holding than
regardless of the question of the be-
havior of such a combination. the pub
lie policy of Virginia is that 1t is
criminal monopoly. BY statutory at
titude. refer, of course, to the enact,
ment of the Wharton law in 1898
whereby such a combination as the
one in question was prohibited, under
fines and penalties; the subsequent
revocation of this law, and still later
the establishment OF a bureau of in
mi
sioner at its head, for the observation
and regulation of all insurance bus
ness in the State
yet. if there is q common law OF
criminal conspiracy in Virginia in al
its pristine purity and power (adopt
ing Judge Browns language) as be
lieye there is, and Judge Fauntleroy
In the Crump case seemed TO think
there was. against 'bOycotting,' peo
pies conduct in this State must be
tested by the law whether they com
bine primarily to regulate insurance
rates or to run a Sunday school.
And, If IL can be alleged and prov
ed. for instance, that a combination
OF persons or insurance companies OF
both. formed for the purpose, amongs
! other things. of regulating rates o.
! Insurance in the State in general and
in Newport News in particular. ex
isted and that those forming sucf
combination had and exercised The
power TO fix practically the rates al
which insurance could be obtained IN
the city OF Newport News. and thai
the members of the combination OF
any two or more OF them acsuatec
entirely. OF mainly. by vantonness. OF
pique. or other evil motive. arbi
trariiy raised the rates of insurance
| In the city. not as a fair and legi
innate means OF covering the add
tional cost OF writing insurance MADE
necessary by an Increased tax rate