The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-02-08
FIRE INSURANCE men =
WIN Big POINT
Court Intimates That the Legisla-
ture Can Afford Reief-Con-
spiracy Under the Common
Law Cannot Be Pleaded.
Extracts From Opinion.
RIG ND VA sDeciaI

uttSA mine inc rates TO be charged fOI
| risks written in Virginia
Tho title of the case Is Harris and
/ others against the Commonwealth
| being an appeal from the Corporation
| Court OF Newport News. which sus.
tanned the decision OF a magistrates in
tnat CITY Wnen the cases were first
! brought, and who imposed a fine on
the offending agents. Some twenty
SlN agents were involvs I'd in the litiga-
tom, and in the decree only some half
dozen of the accused were found
sulity and We're fined $500 each. The
others were discharged. Appeal was
taken to the State Supreme Court.
! Inc opinion of the Supreme Court
handed down today is by Judge John
a Buchanan, and covers some TWEEN
V,two ypewritten pages.
IN the opinion there is a clear sug-
gestion that the remedy for the con
oluons complained of is in the hands
or the Legislature, in the following
| language:
We do not wish TO be. under
stood as holding that the 'cOmbi-
nation charged i'm this case may
not be prejudicial TO the public,
and that a sound public policy
may not require limiting or sup
pressing such combination"
me opinion handed down today
reads in part as follows:
From the Opinion.
rms Is prosecution for criminal
| conspiracy. 1t was commenced be-
| fore justice. but upon appeal to the
Corporation Court of the city of New
port News, the warrant was, by leave
of the court. amended.
The amended warrant is quite long
IL charges, in substance, that on May
IL, 1910. and previously for a num-
Der Of years. a large number of in
surance companies had been doing all
the nre insurance business OF the city
which insurance was a necessity 20
| all persons owning property In the
:tty; that prior 10 the said nth OF
May the city authorities had passed
an ordinance requiring certain IL
cenSe tax TO be paid by each FIRE in.
sursnce company doing business in
the city for the license year begin
nlng May i, 1910; that the (siX) plain
tins In error and some twenty other
persons. naming them, and other un-
known, together with all the said fire
Insurance companies and associations
dtd, on the i7th Of the said May. with
dsHaFe and injure. Cypress and CO.
erce the persons owning property in
the city. and the Council of the city
and the members thereof acting in
their official capacity. "maliciousiy.
hnmorally. corYuptlY. wantonlv and
trsudulently. unlawfuny and wicRed-
fy. consp!red. combine. confederate
and agree together. with intent afore-
said By coercion and Intimidation 10
arbitrarily IN. establish. regula t.
control. charge and collect the pre-
rntu rns OF insurance on all policies and
contracts OF Insurance issued ADD 10
be Issued by the said Insurance COM
pantes and oil others who might "a
tempt to do @ 6re kosuran nee br1SIn%xa
N the city. and all their agents on all
property IN the city. for the purpose
OF maintaining Q wicked and exclusive
monopoly Of All the FIRE Insurance
boS4neSs ooBe IN the city aud STATE
ss1d With ltSe ktent so e.'c- Nrd Pr
FtToY all con petition u Dr. Irrs.ps -
Ia the city, and NTth ike Loteo< ~
arbitrarily chs rS-. .-o"-ce. extort aud
collect the homeopathic rates and
premiuEIe 50 arbitrarily ft1rd. and 90
prevent persons owning property 10
the cttS rroD Procuring rir~ iusDraDce
non-corn petittvs rates, ana thereby CO.
cree and fntimtdate ssid Council and
HS members 20 repeal the said license
tax on said FIRE INSURANCE. companies
all OF which was charged TO be 10
the great damage Of the city and
State, the Council and IT'S members
snd against the peace and dignity OF
the Commonwealth
The warrant further charged that
pursuant TO sid conspiracy the par
Ties had done the said acts cornplan4ed
Of
error. but IN the View we take OF the
case II will be unnecessary 40 csnS1de-
any q them except the demQPrcc 20
the warrant.
That demurrer - IN Substance that
the warrant does not charge y crirnf-
Dal offense.
II e conceded that there Is no
statute OF this State prohfNftIna
such y combination A. thai
charged In the amended warrant,
but the coute1ttoB Of COUNSEL for
the Commonwealth f. tiIa1 the
combination charged L. a Grimm at
common faH.
II seems TO he settled that
there was no prohibition ut common
law against the creation Of mo-
n9poiy BY individueis Chief Justice |
WnIte. IN STANDARD on Company VS.
United States, e21 u. & I. 6e. IS, |
says II Is remarkable that noEbere
at common law can there be found
prohibition against the creation of
monopoly by an individual. The fire.
Quent granting of monopoltes'' 10y
the sovereign and the struggle
which led to a Denial of the power
to create them-that Is to say, to the
esfa hlfshment that they we're incon-
patioLe with the English Constitu-
tion-is known to all and need not
be reviewed. The evils which led TO
he public outcry against mohopolies
and to the final denial Of the power
% make them may be thus summar-
lily stated: I) The power which the
monopoly gave to the one who en-
loyed it to fix the price and thereby
njure the public: (2) the power
which 1t engendered OF enabling a
imitation on production, and CD the
danger of deterioration in quality of
he monopolized article which n was
ieemed was the inevitable resultant
If the monopolistic control over It's
)roducAon and sale. AS monopoly
IS thus conceived embraced only a
consequence arising from an exertion
II sovereign power, no express re-
trictions or prohibitions obtained
Sainst the creation by an individual
OF monopoly as such. But as Ii
was considered. at least so far as the
necessaries of life were concerned.
that individuals. by the abuse OF their
right to contract. might be able to
'isurp the power arbitrarily to en-
nance prices. one OF the wrongs aris-
ing from monopoly. IL came to be
that laws were passed relating to of
lenses such as forestailinR. regrating
and engrossinR by which prohibitions
were placed upon the power az Indi-
tduals to deal under such circum-
stances and conditions as according
"a the conception Of the times. Gre