Daily press. [volume] (Newport News, Va.) 1896-current, 1910-06-19

4
Micajah Woods would haze invoked
the common law.
| Identity Of Defendants.
Captain Berkeley declared tina
| there was no question about thes'
defendants belonging to the under
| writer's association; that they wer'
lsurrenderd as such to Chief Reynolds
at Hot Springs.
Answering the contention that the
repeal OF the Wharton law was an in
vitatlon to the insurance combination
to return to Virginia, the speaker
cited an opinion of the Virginia SUI
preme Court, in which It was held
that the repeal of a statute in aid
of the common law did not abrogate
The common law. Even had the Whar
ton law actually abrogated the com
mon law, instead OF being deciaratort
OF It, the common law would have
toen revived in all its force and vigor
with the repeal of the law.
The cas- cited was decided
in 1886. and the question
involved was whether or not
champerty is in violation of the com
n on law in Virginia since Virginia re-
pealed statute prohibiting the prac
lice. The court held that the repeal
of the statute did not affect the com
mon law
Scientific Rating"
The speaker referred to Mr.. Lecky's
testimony to the effect that the profits
from the insurance business in Vir-
ginia are greater than in New York.
lie touched upon what Mr.. Lecky had
10. oh. 10
of fixing rates adopted by the under
writer's association, and said. ''They
have not exercised any of their
science in Stanton. where there is n
Tat rate for everything. | has been
demonstrated that city o. the first
class means nothing. Ii is simply a
blind to fool these communities
Danyille Is rated as a city of the first
class. and yet Winchester, another
city of the first class. has rates
about half those prevailing in Staun-
ton. Stuanton is city of the second
class. and yet 1t has fiat rates"
THE attitude OF the defense in this
case at first" continued the speaker.
was Go ahead and prove your case.
But when they found that We were go
ing to prove the case, Mr.. Bachelor
came forward and wanted TO throw
light on the subject. But he cut off
the light when we wanted to get the
rate books Of the various cities of the
commonwealth. and your honor had
TO send TO these cities and bring peo
pie here TO prove the facts"
Didn't Obey Law.
Captain Berkeley said that the in
no he.
law during the time the Wharton act
was in effect; that the companies not
only continued to charge the same
rates that had been agreed upon. but
that all of them added - cents for
certain risks.
Law Against conspiracies.
Answering Mr. Reads contention
that there was no common law against
Iconspiracies in England prior TO the
fourth year of the reign of James |.
Captain Berkeley quoted Bishop t.
prove that the common law against
ronspiracies existed in England before
the time of Edward !. and that all
statutes passed on the subject had
been merely declaratory or in aid OF
the law. The speaker went on to
say that the fact that legislatures are
ignorant and do not know that the
common law applies. is no argument
10 prove that the common law does
not exist.
Il am glad" he said. that | do not
believe like MIR. Read and Mi.
Bachelor. that live in State
where there is no law to prevent peo-
pic OF this kind coming into the
State and acquiring power that the
government does not possess and
which no free people would permit
their government TO have
The kentucky Case.
Captain Berkeley dweIt az length
upon the decision of the Kentucky
Supreme Cc2rt. upon which the de
tense had reli q so largely. He
said the Kentucky judge erred. in the
FRS, place in stating that the com
mon law in Kentucky and the com
man law in Virginia are the same He
read from the Virginia code of 1Si&
g show that the act Of 1916. declar,
ing that the English common law and
statutes in force prior 10 tho fourth
year OF the reign OF James l should
apply in Virginia. had been repealed
and statute passed providing that
! ali English common law not repugnant
- the BIN Il rights or to the Consti-
tuition should apply in virginia The
speaker quoted from Bishop ami
blackstone in this connection. and de-
clared thst-it was ridiculous TO set up
Ibis kenincky judges opinion against
TIA; OF Nr. Bishop.
Captain Berkeley discussed the evi.
tcnce IN the case. and declared that
/ ~ haf h..r~ f.s.,s.u ffos ~. ~h-,,i.ts q