Daily press. [volume] (Newport News, Va.) 1896-current, 1910-06-19
PTON. PHOEBUS ANp OLD POINT.

| a disparaging way, but merely be
| ,ause IL was convenient TO DO so
| Justice Brown remarked that he az
cot suppose anybody in the CASE
reant to disaparase anybody elst
| personally. Captain Berkeley replied
hat while this was so. he did deploFs
hat any Southern men should put
themselves i'm the position these moI
ire in.
"One of the demOralizing effects and
'esults of these combinations he
continued. lis that the combination
sill do things which no single indi-
giduai In the association would take
he responsibility for. or have it said
If him that he had done. And they
% on and on until they find them
selves looking into the Jail doors"
Stands Alone.
The speaker said that the Kentucky
Judge quoted by the defense stands
slone; that he seemed to be looking
tor some way to let these people go
'ather than looking for some way TO
awe relief to the people OF Kentucky.
There Is no common law in Texas. the
,peaker went on to say. and there are
various other states in which the
common law does not apply. But in
New Jersey. Maryland and Virginia
he same common law applies in all
cases.
The Buchanan case, decided by the
supreme Court OF Maryland. was
quoted to show that presidents mere
~ illustrate and do not make the
common law. The question OF neces-
sites was discussed at some length.
and Captain Berkeley declared that
the testimony in this case proved be-
yond doubt that insurance is an alb
solute necessity in Newport News.
The speaker discussed the distinc
ton between contracts in restraint of
trade and monopolios. Answering the
Contention that there can be no
monopoly in the insurance business
because anybody who wants TO is free
to go into the business. he said. "You
might as we'll say that there can be
no monopoly in potatoes because
John Smith can grow potatoes"
Question of Malice.
On the malice question. the speaker
declared that the courts instruct jur-
les every day that any unlawful act
done without just cause carries with
it all the malice that is necessary.
This conspiracy. he continued. carries
with it evil intent bec-use it is an
evil thing.
The speaker declared that the in
surance combination has usurped a
function of government, and had fined
a whole community. Here he read
from the address OF Pitt in parliament.
after the adoption OF the stamp act.
These people lay a tax upon the
city of Newport News. Is that pre-
judicial to the public, to our free in
stitutiOns?" he asked.
They say they didn't have any in
tention of trying to coerce the eoun-
Gill; Captain Berkeley went on tossay.
and yet they know that they can
maintain this ten percent and make
il % percent if they want to. They
know that they are going to beat the
council down on this tax proposition.
because they know the council would
rather not collect the few dollars in
taxes that to have a burden placed
upon the community. Is there any
evil intent in this?''
Witness Afraid.
YOU honor saw the witnesses on
the stand here" said the speaker.
Was there a single one of them who
did not show that he was afraid Of
sOmething2"
Reverting to the Kentucky case,
Captain Berkeley said that it had not
been shown that this case was identi-
cal To that. even if it should be
granted that the Kentucky decision
was a good law He defined at length
the distinction between a conspiracy
TO commit a wrong against an individ
ual and one directed against the
whole public.
Urging the necessity for competition
N all lines of business. the speaker
said, Don't you know that they are
soing to waste money when all they
fave' TO do is TO reach out and take
ali they want. What's to keep them
from wasting it."
In conclusion. Captain Berkeicy
said he believed the commonwealth
had succeeded in controyerting the
~uncontrovertible propositions" OF the
defense. lie mentioned the What Is
common law in Virginia. "Ex posi-
facto," Statute of limitations" Civil
conspiracics' propositions.
Captain Berkeley concluded about
10 O'Clock. having spoken for fou.
hours.