The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-10
.C0NSP Tracy CASE
IS FULLY ARGUED
Entire Day Taken Up in Supreme
Court With Insurance
Mems Appeal.

All VI yesterday session OF the su-
prcme Court OF Appeals was taken up
In argument OF the case OF Harris and
others against the Commonwealth. IN
volving the charge OF conspirucy In
the fixing OF rates for fire Insurance
In the city of Newport. News Upon
tho conclusion OF the hearing the case
was submitted and the court adjourned
TO 10 this morning. At that hour. un-
der an order Issued wednesday. Ar.
thur Kyle Davis IL required to pro-
ducc the body OF Charles Hall Davis
before the bar OF the Supreme Court.
In the hnbeas corpus proceedings.
The case for the plaintiffs in error
IN the ltarris case was argued by Ran
dolpl Harrison and Alexander Z.
King. commemorative Attorney =.
{. Berkeley appeared for the city Of
Newport News, while Attorney General
Samuel w. williams represented tic
Commonwealth
Convicted of Conspiracy.
In this case. which involves an i'm
por'ant point. a. n. Harris, L. II. war
rem. Il. -. Dewey. p. A. Hamlin T. n
Jones and w. II. Robins. officials .,
the Southeastern Underwriters AS
ISOLATION, were convicted OF crlminaI
conspiracy and lined $500 each Tho
city had imposed a fat license taM OF
go per ycnr on all companies doing
o pre insurance bushes there. and In
addition had assessed 8 per cent OF
ali premiums paid Tiicreupon tho as
ISOLATION increased the premium rates
10 per cent. on all classes Of proncr-
ties.
The attorneys for the plaintiffs In
error contcnded tina, there il no yIr-
sinia statute on which can he based AN
action for criminal conspiracy IN THIS
case. Replying 10 the argument of
the Commonwealth that the old Eng
iish common law covers the situation.
1t was cnntended that the alleged con-
sriracy did not cover IAN article nr
prime necessity" and therefore could
not be criminal Insurance, II was
further said. was not even an article
of trade and commerce. aud the action
Of the convicted men was not contrary
TO public policy.
What liz Necessity:
Attempting to define articles Of
primo necessity under the common
law. the attorneys said that religion,
education. exercise. labor were all
necessities, but not ARTICLES of prins
necessity" IL response TO the aIlega-
ton that the rates were raised In n
spirit of malice. II was argued that
II was startling II u lawful act is TO
be considered criminal simply because
IL was inspired by piquc or malice.
Much stress was laid on alleged in
flammatory articles which appeared
during the agitation In Newport
News paper said to incite public In
dignation against the insurance com
panics.
In reply, the Attorney General said
that the common law, however an
cient. must be adapted to modern
conditions-that the aviator or the
wireless telegraph operator has his
rights and his liabilities defined by
that law. which existed long before
his craft was in being
Quoting from = former decision OF
the court he said that the rulings of
n trial court on the admission of GER
tain evidence would not be reviewed
by an appellate tribunal when it APP
peared that the proper evidence I'M
contradicted, would have been sufficient
to have formed the basis for verdict
The principles of the common law.
said Mr.. Berkeley, are inevitable and
irresistible. and not to he limited or
circumscribed by error or stayed by
resistance. "They were here when
chaos reigned, and will be here when
eternity comes"