The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-11-27

FEW IMPORTANT CASES

II 4, probable that the Supreme
Court Of Appeals will adjourn Tor the
term on Friday.
There have been few cases before
tho court at It's present term involv-
inr far-reaching principles. Inc law
rers however. are awaiting WIN
great interest decision IN the 49,
brated insurance case OF Harris
against the Commonwealth, leeen>S
argued before the court.
noration Court OF Newport News and
~ tha outcome OF the indignation
felt by the citizens OF the seaport CITY
on account OF IN increase OF ten per
cent. on their insurance premium.
made effective by the insurance COM
panies Immediately after the CITY
Council had made the insurance
license y2b . year nat and nve per
cent. of gross premium coiiections.
The effect OF tho increased insur-
ance rates was not only to cause the
Nswnort New. public to pay the In
s,aFaHee Hcenses--h by Increased
premiums but TO, pay q sum equal
to double such entire license.
Commonwealth Attorney c. {.
Rerkeiey. OF Newport News, swore
out warrants against large mum Der
OF offictals and Nom bers OF the South
eastern Tariff Association and at
Hot Springs, Va, when the associa-
ton was holding Its annual banquet
warrants were served on twenty-three
persons They were bailed to appear
before the Police Court OF Newport
News, and after q memorable trial,
lasting some two weeks. Justice }. d.
G. Brown fined each OF the defen-
dants $500 and costs, the prosecution
tCharging conspiracy and bAsfng Its
f1Kht on the old English common
law.
Fierce Legal Contest.
An appeal was taken to the Cor
poration Court by the insurance men
and when the case came to trial in
the summer OF 1910 one OF the flercest
legal contests ever seen In q virginia
court was waged for three weeks.
| The defense contended for change
| of venue. 1t was denied and the case
went to trial before jury summoned
from Southampton county. Every
technical point possible was raised,
but the court sustained the Common
wealth, and ths case, after sundry
amendments to the Warrants, pro-
ceeded. Every phase OF the COM
mon law and its application to COM
binattonS was threshed cut.
The facts alleged were. in brief that
all the insurance companies repre-
scented in Newport News conspired to
fix and regulate fire insurance rates in
the city; that the City Council had
levied q new license tax on these COM
paniss, that the purpose OF liking the
rates was to co0rce the people to pay
them: that the means Of coercion wns
that the said insurance companies
would not furnish insurance for less,
and that another object OF the radi-
cal advance in rates was to compel
the City Council to repeal the ordi-
nance levying the license tax.
1t was held by the prosecution that
fire insurance was a necessity, and
that in uniting to raise the price OF
such a necessity the insurance COM
panies had been guilty OF criminal con-
sptracy
The defense alleged that fire INCUR
ance could not be held to be a neces-
sity: that any one OF the companies
would have had perfect right to de-
cline to write insurance in Newport
News at any rate at all or except At
such rate al It felt disposed TO charge
and that what would have been right
for one company to do was right fur
all such companies to do In co-opera-
ton.
| Again Found Guilty.
Tho jury found a verdict OF guilty
and q fine OF $500 each was imposed.
| but later tho court set aside the YER
| dict as to all save six OF t6e defend
ants Messrs. a. III. Harris, l. r.
Warren. E. b. Drewry. Il. A. Hamlfn,
E II. Jones. and W. r. Robbins. these
having been present At the meeting OF
the tariff associations committee
| which directed the advance In rates.
The case was promptly appealed and
| all who are interested in the question
| OF the application. OF the common law
| to such cases win watch tho Supreme
| Courts decision with great interest.
| A 100000 Suit.
| A case involving tho sum Of four
hundred thousand dollars was argued
| In tho Supreme Court Saturday, being
| the appeal OF Butler Brothers Hoff
| Company, appellant. versus tho vir-
| gilman Railway Company. The appeal
| Is voluminous. the petition covering
sl6 pages. The appellants claim that
they were underpaid for certain ex-
/ cavating work done In the construction
| OF the railroad In Campbell county,
the principal point involved being the
| classifi cation Of the work done At the
| Terryviile cut The contracting COM
| pany alleges that II was work done
/ under water, and the failure of the
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