Daily press. [volume] (Newport News, Va.) 1896-current, 1910-06-18

upon the villification and abuse that
has been heaped upon the defendants
In this case, we might as well bow cur
heads. But IL il Is TO be decided upon
the law and the facts, then 1 have no
fears whatever as 10 its outcome"
MIR. Read declared that the New
Jersey Supreme Court decision, cited
by Mr.. Stuart, sounded like school
boy Grafton, and he proceeded to real
q dissenting opinion in this case, in
which the majority opinion was
strongly opposed.
Continuing, Mr.. Read said that in
suranco is not commerce and not a
commodity. This was decided nearly
hundred years ago in the case OF
Paul against Virginia, and the insur
ance companies had been trying all
these years to get the United States
Supreme Court to reverse this ruling
in order that they might be given
the benefit of the interstate COM
merce laws. The speaker insisted
that there can be no conspiracy with
out a corrupt motive; that con-
spiracy must have criminal object
as its end In order to be indictabie.
II the shipyard, he continued, should
say TO its employees" You must work
eleven hours a day" and the workmen
should combine and say IF you force
this thing upon US We will withdraw;
we will not work for you," the COM
bination of workmen would not be a
crime under tho common law. This
~. Ind ~ uatH.
the council put this high tax upon
he insurance companies and the
rates were put up accordingly.
The kentucky Case.
Mr.. Read quoted at length from a
decision of the Kentucky Supreme
Court in a case against the Aetna
insurance company, in which 1t was
held that combination of insurance
companies TO fix rates is not con-
spiracy in violation of the common
law. The speaker said the common
Jaw. in Kentucky is the common law
of Virginia. and that both are the
common law as it existed in England,
beginning with the fourth year of the
reign of James I. Mr.. Read read,
also, a decision from the Supreme
Court of Texas, IN which it was stat
ed that it is not a violation of the
TO combine to fix rates for insurance
or commissions to be paid agents.
Ridicuiing the idea that ali of the
commonwealth attorneys in Virginia
during the past fifteen OF twenty
years would have overlooked such
violation of the common law as is al
legged in this case. Mr.. Read declared
that It was folly to say that twenty
three states OF the union would have
found It necessary to pass anti
compact laws TO prevent insurance
companies combining to fix rates IL
such a combination were in violation
Of the common law.
The speaker contended that the pub
lie has the same interest in the in
surance business that IL has in the
business OF doctors, lawyers and
others. He cited numerous cases in
labor disputes. claiming that the law
applies to combinations of insurance
companies inst as Il does TO combina-
tlons OF labor
-Invited TO Come Back
Referring to the Wharton Law.
CnHlALl W Nltklut4 d-rtNuUIN III
1898 to prevent insurance companies
combining to fix rates. Mr.. Read said
that during the four years this law
was in effect the insurance business
IN the State was in a worse condition
than ever before. and that in 1909
the assembly repealed the law and
thereby. practically extended an invi-
tstion TO the Southeastern Underwrit-
ers' Association 20 return to the State
and do business. What is more. the
speaker continued. the assembly
created an insurance commission.
every cent OF the expense Of which
Is borne by Che insurance companies.
The companies are required to report
to this commission the amounts they
pay TO underwriters associations
Virginia. therefore. has declared.
said the speaker. that this combins-
tion- which Is here called an unlawful
combination. Is q lawful combination
There Is no law. no reason. no
authority. no statute TO sanction such
q 7roceeding a. this the speaker
went On 10 say. As TO the question
II msisce. he said. the evidence shows
that The net Increase to the Insurance
companies BY the rcg rate was only
about - company. and nobody
would contend tina; the companies DID
a malicious act for this eight FOL
lars.
Mr Read arKues II length upon the
contention that here can be no
monopoly when there can be- an
corner. The Insurance. business Il
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