The free press. (Poplarville, Miss.) 1890-19??, 1922-11-16
Famous Insurance Case
Affirmed on a ech->
nicality

panies announced this afternoon that
n they. will file a suggestion of error
q within the next few days.
n If this is overruled an appeal
q will then be taken to the United
a States Supreme Court.
& AS three members of the court
opposed the finding of Chancellor
4 Stricken, the issuance of a writ of
error as basis for carrying the liti-
cation to the nations highest tri-
bunal is a -foregone conclusion.
The Supreme Court this morning
affirmed the decision of Chancel-
lor v. j. Stricken in the Kinds
county chancery court imposing
fines and penalties amounting to
So, 055, 075 on the fire insurance
companies formerly operating in the
state, charged with violating the
antitrust law by conspiring to con-
troll rates.
The affirmative carries with it
the full penalties imposed by the
lower court. About 1870 insurance
companies are involved the heavi-
est penalty against any company
being $195,875, and the lowest
$3.50. The judgment is in favor
of State Revenue Agent, Stokes v.
Robertson, who filed the suit nearly
year ago. .
Court Evenly Divided
The decision of the court, al
though it clearly affirms Chancel-
lor Strikers finding both on the
evidence and the numerous legal
points. involved, for it comes from
bench evenly divided.
There are six members of the
Supreme Court, and it is rule
of the tribunal that when it's mem
bers are equally divided the de-
cision must affirm the lower court.
The members could not agree on
all the law points involved, being
badly split in several important re-
spects, and four opinions were read
this morning, the total being ITO
pages of typewriter matter.
How They Stood
: Justices Cook, Etheridge and Hold
en- are of the opinion that the evil
dence. is sufficient to support the
finding of the lower court, and that
ali of the companies, with but five
e exceptions, are guilty of having
entered into trust and combine
as allegded in the bill of complaint.
The companies excepted for the
decree, and against whom the Su-
preme Court today dismissed charges
are, The Columbia National Fire
Insurance Company, Union Insurance
Society of Canton, st. Paul Fire &
Marine Insurance Company, and the
Fidelity Phenix Insurance Company.
Justices Anderson, Sykes and
Smith, the latter being Chief JUS
tice, are of the opinion that the
evidence. is insufficient to support
the finding of the court below, and
hold that none of the appellant
companies are guilty of entering
into a trust or combine. They hold
that the bill of complaint should be
dismissed as to all of the companies.
The last, three members are also
of the opinion that the state cannot
be charged with .laches-delay in
asserting claim. Justices Cook,
Ethridge and Holden are of the
opinion that the state can be charged
with laches, and should. be charged
with it in this tribunal to the ex-
treme that the State Revenue A.
gent should not be permitted to
collect penalties for the full period
of time that the court below found
the companies had been doing busi-
ness in under the allegded unlawful
conspiracy.
All concur, however, in holding
that the aggregate of the penalties
imposed on the companies is not SC
great as to violate either the due
process of law clauses of the state
and Federal constitutions. 1t is
held that "conceding for the sake
of Argument that the court below
erred in admitting and excluding
the testimony complained of, the
prejudice, if any, resulting there
from to the appellant companies is
not sufficient to require reversal
Of the decree.
Unanimous On One Point
In brief, the court reaches
unanimous conclusion on only on'
point, and that is in reference t.
the. innocence Of the five companie
!, against whom it dismisses all com