"The Amazonia Fire Insurance Company and others
. . . are fire insurance corporations organized under the
laws of other States or foreign countries, and are doing a
fire insurance business in the State of Missouri, and at all
the dates hereinafter mentioned were duly organized to do
such business in the State of Missouri, having heretofore
complied with the laws of the State of Missouri authorizing
foreign fire insurance corporations to do business in this
State; and at all times hereinafter mentioned respondents
were engaged in the business of writing fire insurance
contracts, policies and agreements insuring property from
loss by fire or other causes, and conducting generally a fire
insurance business throughout the State of Missouri; and that
for many years respondents and each of them have been doing
business in the State of Missouri with the consent of the
State as foreign corporations and engaged in insuring
property for the citizens and residents of Missouri against
loss by fire and otherwise.
"That
on the day of April, 1913, each and all of respondents
unlawfully, illegally and wilfully misused and abused their
said franchises, rights and privileges as foreign fire
insurance companies authorized to do business under the laws
of the State of Missouri in this, to-wit: that on said date
each of said respondents did create, enter into, become a
member of and participate in a certain pool, trust
agreement, combination, confederation or understanding with
each other and with other fire insurance corporations and
associations of persons (whose names are unknown) against
public policy and in restraint of trade, in this, to-wit:
that on said date each and all respondents unlawfully,
illegally and wilfully entered into an agreement to suspend
operation and withdraw from sale all fire
insurance in the State of Missouri, on the 30th day of April,
1913, and unlawfully agreed to refuse to accept, write, issue
or sell any insurance on any properties located in said State
of Missouri, and unlawfully agreed to withdraw from said
State of Missouri by concerted movement simultaneously on
said 30th day of April, 1913, and thus leave the citizens of
the State of Missouri without adequate fire insurance
protection, and unlawfully agreed to cancel all fire
insurance policies heretofore written in the State of
Missouri, which said action on the part of said respondents,
if carried out, as they now propose, will cause a calamity in
the financial world in said State of Missouri and leave the
citizens of said State without any adequate fire insurance.
"Your
informant further informs the court that the said unlawful
agreement, combination, confederation, and conspiracy will
affect the trade, traffic and commerce in this State, and
that the same will be hindered, injured and retarded and the
people of the State, will, after said 30th day of April,
1913, be denied the right to purchase fire insurance and to
protect themselves and their property against loss by fire.
"Your
informant further informs the court that the general nature
and object of the said combination, conspiracy and
confederation, so made as aforesaid, is to act in a concerted
manner, simultaneously, and with a view to crippling and
destroying the financial credit of the State of Missouri and
the people therein, and to deny to the State of Missouri and
the people therein the right to protect their property by
insurance against loss or damage by fire, and such
conspiracy, confederation and agreement is against public
policy, in restraint of trade, and is intended at one blow to crush the entire business and commerce of
the commonwealth of the State of Missouri.
"Your
informant further informs the court that respondents and each
of them are associated together in a common organization or
interest called the 'Western Insurance Bureau,' which
bureau is organized for the purpose of controlling the
insurance business of the United States and particularly in
Missouri, and for the further purpose of controlling,
managing, regulating and conducting the entire insurance
business in the State of Missouri, and that respondents and
each of them are members of such insurance organization and
association, and by the scheme of said association and
respondents and each of them such association is authorized
and empowered to and does approve rules and regulations for
the government of the entire association and all of the
members thereof and of each and all of the respondents
herein, and when said rules and regulations are so fixed, as
they now are, each member and each respondent herein is
called upon and required and compelled by the rules of said
association and by the rules of the respondents herein to
obey, and that said association and that each of respondents
do obey such rules, and that when said respondents created,
entered into and became a member of and participated in such
illegal agreement and combination and understanding with each
other and with such association to suspend business and
withdraw all fire insurance from sale in the State of
Missouri, and to withdraw by such concerted action from such
State, each of said respondents are required and commanded,
by the rules and understanding between the said association
and respondents and each of them, to comply therewith, and to
suspend operation in said State of Missouri and to withdraw
therefrom and to withdraw from sale all fire insurance in
said State, and such understanding, agreement, confederation
and combination is an abuse of the corporate
privileges of each of said respondents and in violation of
the laws of the State of Missouri, against public policy and
is in restraint of trade.
"Your
informant further informs the court that there has been
promulgated by said association and by each of respondents
herein, and approved by such association and by each of
respondents herein, rules for the control of the members
thereof, by which it is provided that no member of such
association of insurance companies, including each of the
respondents herein, shall write or sell insurance in the
State of Missouri after April 30, 1913, and each of said
respondents, as members of such insurance association and
individually has illegally agreed to suspend operation and
withdraw from sale all fire insurance in said State of
Missouri on said April 30, 1913, and to withdraw in a
concerted movement from said State of Missouri, and that by
the rules of such association each and all of the respondents
herein are compelled and required to withdraw from said State
of Missouri, and to suspend operation therein and to withdraw
from sale all fire insurance in said State, so that said
association of insurance companies and the respondents herein
have placed in the power of such insurance association to
authorize and compel each insurance company named herein to
immediately withdraw from said State of Missouri, and to
suspend operation therein and to withdraw from sale all fire
insurance in said State, thus leaving the people of the State
of Missouri without any protection against loss by fire, and
to prevent citizens of the State of Missouri from securing
any fire insurance and thus injure and destroy the commercial
value of the State of Missouri, and to deprive the citizens
of said State of Missouri of the right which they have
heretofore enjoyed of having their property insured by said
respondents or either of them, against loss by fire, and that
each of said respondents entered into such illegal agreement with the express and avowed purpose of
injuring and destroying the credit and commercial value of
the State of Missouri.
"Your
informant further informs the court that the object and
purpose of such association which met as aforesaid on April
--, 1913, was and is to stifle competition in the insurance
business in the State of Missouri by withdrawing its
membership and refusing to write insurance and thus lessen
competition in the insurance business in said State of
Missouri, and to deny to the citizens of said State of
Missouri the right to purchase fire insurance, and each and
all members of such association and the respondents herein
are banded together for a common cause to injure and destroy
the value of property in the State of Missouri and are acting
in a rebellious and retaliatory manner and are now
threatening to immediately suspend operation and to withdraw
from the State of Missouri in a concerted movement on the
30th day of April, 1913, and that respondents and each of
them are now actively and earnestly engaged in carrying out
said purpose by the use of every means known to them, and are
now preparing to and are...
