Daily press. [volume] (Newport News, Va.) 1896-current, 1910-06-11
GREATER
THAN IN NEW YORK
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Continued From Second Page)
had undertaken TO prove the dement's
, of the association and that the State
had a perfect right to prove the IN
'iauities OF 1t. Captain Berkeley argued
further along the same line, say
;ng shat the defense had sought to
prove that the rates In Virginia could
not be lower than they are and that
the State is endeavoring TO show that
the business could be conducted IN
Virginia at a profit upon lower rates.
The State also is trying 10
drove. the commonwealth attorney
caid. whether or not 1t was necessary
tor the association ito Wy the PEG
pie OF Newport News IN their so
sence" and fine them ten per cent be
cause the city council raised the IL
Gene tax on the companies.
Mr.. Read said that the defense does
not think that the scope and purpose
of the association Is material In TINS
case. This attitude of the defense, he
said is that unless that there is a spe-
cific statute of Virginia preventing
a combination of insurance companies
in Virginia the common law does not
apply because the legislature plainly
invited such combination when II re-
pealed the Wharton law. I'VE have
no fear about the law in this case.
continued Mr.. Read, land We do not
think that this line of evidence Is
relevant to the case.
Justice Brown declared that Mr..
Reads remarks were very pertinent
TO the issue and Captain Berkeley re
| minded the court that he had objected
10 this line of testimony when the de
; tense first sought to open it up.
Declines to Answer.
! After some further discussion, JUS
tice Brown said that he would re-
quire the witness to tell the maxi
mum ana minimum commissions are
paid. Mr.. Leckey replied that he did
not like to be in contempt OF any
court, more especially when the court
was a good friend of his, but that he
could not consent to answer this
question until he had had an oppor-
tunity to confer with counsel about
it, He was told that he would have
that right
Captain Berkeley then asked the
are paid the agents in New York and
the witness replied that he did not as
his company is not doing business
there at this time. The witness was
asked what commission his company
paid its New York agents in 1908 and
Mr.. Leckey declined to answer the
quetion. Captain Berkeley asked that
the court compel the witness to
answer and the witness said he would
like to confer with counsel before
answering.
I Wants Law Enforced.
- I'VE have come now to very vital
Joint in this case" declared the com
monwealth's attorney, and the law
should be enforced" MIR. Bachelor
Gould not understand wherein this
| point was the milk in the cocoa
nut" as he expressed it, and Captain
berkeley proceeded to enlighten him.
He declared that the point now at
issue was whether these men, who
ere gentlemen of influence and OF
| wealth, who are men OF high standing
J financially and socially, are TO be
made to abide by the law. ITO my
mind this is the only issue in this
case, as the law is very plain" con-
tinued the prosecuting attorney.
Shall the court make these gentle
men abide the law as he would and
IN this city abide it. Will we face the
issue squarely, or are We afraid TO
/ face it, that's the point" declared the
attorney.
| Mr. Read said that he took the
statement of the commemorative at
,orney TO be an insinuation that the
court would not impartially enforce the
I law in this case. but Justice Brown
said that he did not put any such con-
struction on Captain Berkeley's re-
/ marks.
Percentage of Profit Greater.
J Mr.. Leckey reserved to himself the
right to consult with counsel before
answering the question and Captain
Berkeley again turned to the matter
If figuring the comparative cost of
doing business in New York and Viz
ginia and after much questioning. Mr.
Leckey finally admitted that In spite
of the higher tax rate In Virginia
the companies doing business here
make larger percentage Of
profits in Virginia than they make
in New York This was the point
which Captain Berkeley had been
~eeking to bring out and he announc.
, ed that he probably would not force
the questions which the witness had
declined to answer without consulting
with his attorney.
Defines Establishing.
Mr.. Stuart took the witness In hand
and asked him il II was not a fac;
that the association black-lists the
companies which are expelled for VIC
lating the agreement as to the rate
TO be charged for Insurance and Mr.
Leckey replied in the negative. He
said that ~black-listing" means. in ad-
diiion to having indicated the com