The San Francisco Call. Newspaper, June 14, 1906, Page 3

THE SAN FRANCISCO CALL, THURSDAY, JUNE 1%, 1958 POLICY-HOLDERS WILL COMBINE 10 FlatT INSURED AGREE | OPPONENTS OF REDUCTION IN PAYNENT OF POLICIES WILL FORGE AN ISSUE 10 JOIN FORGES Policy Holders Desire Combined Movement to Collect. May Place Their Affairs in Hands of Attor- neys Today. sined actio cies may be PrwAsENABY B s E b s tha = a L ' t < « CELS TRADERS' POLICY. N r 3.—The Board of 2 ried in mpany of “SAN FRANCISOC TLL « BE SEEN AT CONEY ISLAND First Production of “The Melodrama Without Words” Set for Saturday Afternoon. : X g € n. inc rrection. Not Interfering in Jowa Politics. —An ex- | between Charles iblican State | President | here today. g the itin-| tour of the| he did so e President. | hed to Mr.| e interfering came from t the Presi- movements of ' at the DR. PIERCE'S REMEDIES. Nature’s Way Is Best. The function strengthening and tissue g pian of treating chronic, linger- ing and obstinate cases of disease as pur- by Dr. Pierce, is following after ure's plan of restoring health. He uses natural remedies, that is extracts from native medicinal roots, by processes wrought out by of much time and X it the use of alcohol, and 1iful combination in just the right proportions. Used as ingredients of Dr. Pierce’s Golden Medical Discovery. Black Cherry- bark, Queen’s root. Golden Seal root, Bloodroot and Stone root, specially exert heir influence in cases of lung, bronchial and throat troubles, and this “Discoy- ERY ” is, therefore, a sovereign remedy for bronchitis, laryngitis, chronic coughs, catarrh and kindred ailments. The above native roots also have the | strongest possible endorsement from the ng medical ‘writers, of all the several schools of practice, for the cure not only of the diseases named above but also for indigestion, torpor of liver, or bilious- ness, obstinate constipation, kidney and bladder troubles and catarrh, no matter | where located. You don’t have to take Dr. Pierce’s gay-s0 alone as to this; what he claims | for his “Discovery ” is backed up by the ings of the most eminent men in the medical profession. A request by postal card or_letter, Zaddressed to Dr. R. V. | Pierce, Buffalo, N. Y., for a little book | of extracts from eminent medical au- | thorities endorsing the ingredients of his | medicines, will bring a littie book free | that is worthy of your attention if needing a good, safe, reliable remedy of known composition for the cure of almost any old chronie. or lingering malady. Dr. Pierce’s Pleasant Pellets cure con- tipation. One little " Pellet " is 3 gentle laxative, and two a mild cathartic. The most valuable book for both men and women is Dr. Pierce’s Common Sense Medical Ad- viser. A splendid 1008-page volume, with engravings and colored plates. A copy, ~covered, will be sent paper anyone sending 21 cents {x‘z‘ oneee&t Efillfifl to mu’: cost of ma only, f . Pier a‘ufll.lo. N. A stemps. Representatives of Companies Determine to Reach a Thorough Understanding. Developments in Insurance Circles Indicate That There May Be a Split in the Fire Unde: OAKLAND, June 13.—Insurance cir es are siirred to the depths by the isclosures of yesterday's meeting at Reed Hall, when sixty companies voted to adopt a horizontal cut of 25 per cent in the payment of adjusted as on San Francigco losses. he aftermath of that session, where thirty odd managers fought every inch of the way against the proposed slash payments, follows quickly. Devel- ts today were steadily toward a in the Fire Underwriters' Ad- ng Bureau The point has been arrived at, say notable thirty who are standing invulnerable as the rock of Gibraltar for a dollar for dollar settlement, where a final decision must be reached as to further action on the bureau's part. To the end that concert of move- 1 be arranged by the men an honest meeting of policy porrow morning at Reed Hall of the 2panies opposed to the proposed cut per cent meeting, which has been ar- such men as Rolla V. Watt al, George W. Spencer of the J. Smith of the Connecticut, ge D. Dornin of the Springfield othérs of that stamp, is fraught import of the greatest signifi- nce. It means, unless all of the signs fail, that the companies which oppose 2 horizontal cut are determined to press home for answer the questions which are = disturbing, agitating and distressing not only the policy-holders but many of the insurance managers who are bet the “devil and the deep blue sea” in the seemingly in- term the & able tanglement of ideas as to n Francisco loss. PERMANENT POLICY. This meeting, everything tends to indicate, will result in a decision as to the permanent policy which the thirty more companies will maintain. Not ¥ will the subject be threshed out, but greater importance holders will, it is be ser consideration, namely, the ques- tion of forcing settlements on adjusted ses which were submitted to sub- mmittees of the Fire Underwriters’ sting Bureau. Much speculation has been indulged in by insurance eompany managers to- day as to the further proceedings h they felt must surely follow the meeting yesterday, when men mith one of to the policy- vehemently on the floor of the ghall that his company would not stand for a horizontal cut. Dornin of the Springfield and others spoke strongly the same vein. sion was along lines which were so di- vergent that in-the aftermath of gos- sip concerning the meecting opinions w freely given that the final crash was close at hand. That the meeting was not without important results was made evident todad@when the session for tomorrow was quietly and speedily arranged. To frame a policy which shall be ad- hered to throughout the campaign over San Francisco's losses is as- suredly among the important matters which will be taken up. How much farther the managers will go remains for the meeting to develop. COMPANIES THAT ARE TRUE. Though none of the officials or rep- resentatives of the Fire T'nderwrite-<' adjusting bureau will offer for the vesterday’s meeting, there has y percolated through the numer- ous insurance offices much detail con- cerning the session. Among the com- panies which have taken ,a stand P | against the proposition to hack a quar- ter off the adjusted claims are the fol- lowing: Aetna, American Central Commercial Union Citizens’, Connecti- cut, Continental, California, European and American Underwriters, German American, German Alliance, Hartford, Home, Individual Underwriters, Kings County, London and Lancashire, Liver- | pool and London and Globe, London As- surance, Mercantile Fire andgMarine, Manchester,~ New York New Hampshire,' Northern, New Zea- lard, North British and Mercantile, Norwich Union, Orient, Phoenix of London, Pelican, Queen, Royal, State of Liverpool, Springfield, Sun, St. Paul, Williamsburg City. While all of these companies voted “No” on the proposal to cut 25 per cent, it is probable that a few of the managers voted in that way because they had no instructions from their home offices as to the attitude they should definitely take. The great ma- jority of these companies are in the column of corporations that are main- taining first and last the policy “dollar for dollar” payments. TRYING TO FILE HIS PROOF. If tomorrow's developments are as expected a definite line on the com- panies which decide to go ahead and settle all claims at once on the basis of full payment of adjusted losses will be obtained. T. J. Lyons, an attorney of San Francisco and one of the trustees of the Frank H. Woods trust, which lost $1,000,000 in the fire, complained to- day that he had been unable to find any one authorized as manager or agent to accept from him proof of loss in the National Union Insurance Com- pany of Pittsburg. Lyons said: “I went to the National Union’s office at 528 Twelfth street and was met by a young woman who refused to give me her name and asserted that she would take the proof of loss. I asked for the manager of the company A. G. Nason, and was informed that he had been suspended several days ago. In view of that statement I declined to submit my proof of loss untl I could make further investigation. It seems to me that this company is not accord ing its clients the right kind of treat- ment when it fails to have the proper people at hand to accept proofs of loss. I should object strongly to filing mine with any one whom I was not sure rad the proper authority to receive MANY FAIL TO GIVE NOTICE. The startling fact in connection with the insurance situation is that, within a week of the final date for filing proofs of loss, policy-holders, either through ignorance, neglect or by bad advice received from representatives of insu- rance companies, have neglected to put their proofs in and there are hundreds of such. Experts in the underwriting business declare that all' loss proofs that are not sworn to will be thrown out by the companies, and the losers 11 be 3:.. because of their omissions. B 2 Sassa r0lding out for what they in-| racts, a session has been called for | of paying losses| much | of the Connecticut declared | The entire discus-| Atlas, | Underwriters, | of | Who Will Honor Obligations| rwriters’ Adjusting Bureau. | One of the foremost authorities on insurance in San Francisco, now con- 'nected with a large company that seemingly intends to do the fair thing, corroborated the various warnings that | Insurance Commissioner Wolf has been sending out to policy-holders. Yester- | dey this man said: I could not be persuaded to wait, no matter what representation was made to me to persuade me to delay in the filing of a claim of loss. The question | is easily raised by any company as to whether its representatives in San Francisco have been authorized to waive notice of loss within sixty days and to extend the period. Insurance | Commissioner Wolf has done what he could to secure an extension of time, but the com anies are still free to bring up technical points. In the ab-| sence of the proofs of loss the losers | are in danger of forfeiture. I would especially give warning to all my friends, because the sixty days allowed or the filing of notices of loss practi- cally expires on June 17. ! | The greatest interest attaches to the | | showing of losses that will be made, | in the aggregate, by the losers, not | later than the first of next week. While | thousands of loss proofs have been filed, | there are always many persons in | business who delay until the last]| minute. The aggregate figures will be | in the hundreds of millions of dollars. | | The companies that have met small | |losers individually and have paid or| effected compromises are urging the | adjusters who are working with the loss committees appointed in joint | losses to get in reports as soon as pos- |sible. Large figures will come in| through such reports. JOINT MEETINGS ABANDONED. | In each case a loss committee, con- | | sisting of three companies, has for | chairman the largest loser in that in- |dividual case. Each committee has an | adjuster, whose duty it is to investigate | all the facts and return an itemized | statement to the committee. Since a| new rule was adopted by the board of | fire underwriters in meeting in Oak- | land, the adjuster has not been called to give up information to any meefThg | that was qualified to act for the com- panies. All calling of meetings of the ! companies concerned in a joint loss has been abandoned. | Hereafter, at the end of seven days, | after recelving a report, each company, | will be free to take up the matter of | settlements with its own policy-hodlers | on its own basis as heretofore mention- ed and without consulting with Olher’ companies. Secretary Mohrhardt sent | out his last call for 2 meeting on Tues- day of the present week. In the meantime, however, the ap- | pointment of loss committees will be | | continued. At a meeting of the adjust- | ment bureau yesterday committees | were named, Which brings the in- vestigation of more than 1100 joint losses in total to date into® immediate view. Some losers by fire are beginning to | think that a systematic movement is engineered by certain insurance com- panies to get them scared so that they will, settle on any basis that is propos- ed. * There may be no truth in this idea, but in the ease of the Traders' Insurance Company a Chicago attor- ney made statements, in open meeting, in which the losses were made higher and the assets were made to appear | |lower than the real amounts, accord- | |ing to information since forwarded | 1from Chicago to the committee of | policy-holders of the Traders’ Company. | If any argument could persuade the | policy-holders to accept 25 per cent | less than their full claims, the amount | saved by the insurance companies would amount to between $50,000,000 | and $37,500,000, a large stake to play | for, at the cost of San Francisco. PROPOSE TO CUT HEAVILY. | One-Third Reduction Likely to Be Of- | fered by Philadelphia Concerns. | Twelve insurance compahies that make their headquarters in Philadel- | phia are liable to join the ranks of the | unpopular in San Francisco if the tele- | graphic reports are corroborated. Ac- cording to dispatches certain Philadel- phia fire insurance companies have | practically agreed in conference that they will cut 33 1-3 per cent on losses | in compromise settlements. This propo- | sition is based on a clause in what is | known as the New York agreement. A list of the Philadelphia companies that | | have risks on the San Francisco fire followss/ American Fire Insurance, Delaware | Insurance Company of Philadelphia, | Philadelphia Underwriters, Alliance | Fire Insurance Company, Fire Asso- | ciation of Philadelphia, Franklin Fire | Insurance, Girard Fire and Marine In- surance Company, Insurance Company | of North America, Pennsylvania Fire | Insurance Company, Spring Garden In- surance Company, Union and United Freemen's. Another meeting of the companies will be held and the names of those that have made the cutting agreement may be made public. 5 NASON RESIGNS. | Representative of the National Cannot Stand for Proposed Cut. | OAKLAND, June 13.—A. G. Nason, |'who has represented the National Fire |Insurance Company of Pittsburg as | Pacific Coast manager, has followed in | the footsteps of George D. Dornin, who resigned the Pacific Coast manage- ment of the National of Hartford in | protest against that company’s policy | of demanding a 25 per cent cut on adjusted claims. Nason is also protest- ing against the action of the National of Pittsburg in its attitude toward he clients he has gained for the com- | pany during a long term of service as |its Pacific Coast representative. Na- son has sent his resignation to his principals, to take effect July 1. He was asked tonight to explain state- | ments attributed by T. J. Lyohs, an at- torney of San Francisco, to an employe of the company, to the effect that N son had been suspended. Nason sal “I have neither been suspended nor dismissed from the National. My resignation is in, to take effect July 1. The affairs of the company are to be handled from the home office.”. ¥ ————— Radke & Co. Yormerly of 118 Sutter st. and 65 Geary st, now running full blast at 1813 Devisadero st., near Bush. Their stock of watches, diamonds, wedding rings and presents of all kinds are in- valuable souvenirs saved from the great fire of April 18. . A e T S e Veteran Comedian Dying. BRIGHTON, En&llld‘ June 13.—John Lawrence Toole, e veteran comedian, who has been iil for some time, is dy- ing. He was born in London in 1830. l | account of this attitude by the policy- | is | governor of the corporation, said the SCORES THOSE ITH POLIGIES Insurance Man Indig- nant Because They Want Full Value. Says Earthquake Dam- age Must Be Deducted in Each Case. SPECIAL DISPATCH TO THE CAIL. CHICAGO, June 13.—“The people of San Francisco have got to the point where they are saying ‘There was no earthquake—just a fire.' " Fred S. James, the insurance agent, who s a director of the Calumet In- surance Company, made this comment to Charles B. Gilbert, vice president of the Calumet Insurance Company, to- day. James has just returned from the coast, where he passed two weeks in:helping to arrange for the adjust- ment of losses by policy-holders of the Calumet. Jdmes points out that all insurance companies are delaying in their set- tlements of San Francisco losses on holders there. The companies are holding that a deduction from the total loss should be made for the part caused by earthquake in each case. As this is a matter for compromise/ there considerable haggling, especially over buildings destroyed in the lower Market street district. “Another evidence that the Calumet is going to pay its losses in full on the reasonable basis of adjustment fol- lowed by all the leading companies sistant adjuster to San Francisco, said Charles B. Gilbert, vice president. “This is Montgomery Clark, Missouri and Kansas manager, who was called to Chicago from Kansas City.” LONDON, June 13.—At a meeting of the Royal Exchange Assurance Cor- poration today Sir Neville Lubbock, corporation’'s loss by the fire in San Francisco was from< $2,000,000 to $2,500,000 out of a total risk of $3,450:- 000. The directors advocated a reason- able compromise in dealing with claims where the destruction of prop- erty was due in part to the earth- quake. THEIR LIABILITIES ARE. REINSURED IN NEW CORPORATION Two Companies Announce Their Teraporary Retirement From Business. SPECIAL DISPATCH TO THE CALL. NEW 10Rh, June 13.—In two differ- ent instances announcement has been made by fire insurance companies which re hit by the great San Francisco disaster of the reinsurance of their out- standing liabilities in new fire insur- ance companies organized since the earthquake. The North German Fire Insurance Com- pany of this city has reinsured its ne outstanding liabilities, exclusive of Calé ifornia, in the Cosmopolitan Fire In- surance Company, recently organized. The North German Company’'s assets on January 1, 1906, were $601,000; its reserve fund, $270,000 and its surplus $90,000. Its capital was $200,000. The San Francisco losses are estimated at $160,000 net, which will be adjusted and paid. The company, it is reported, probably will resume business later. The Security Fire Insurance Company of Baltimore, which recently announced its suspension of business, has rein- sured all of its outstanding claims, with the exception of those in California, in the New Jersey Fire Insurance Com- pany, organized since the San Fran- cisco disaster. Like the North German Company, the Security, it is said, probably will re- |} sume business when the matter of the | San Francisco losses has been settled. | FIFTY-FOUR EXTEND TIME. Insurance Companies Accede to Re- quest of Commissioner Wolf. One more insurance company yester- day signed the stipulation sent out by Insurance Commissiher E. Myron Wolf granting an additional sixty days’ time during which_policy-holders may file their proofs of loss. This company was the Prussian Natnal. Fifty-four in- surance concerns have now granted the extension of time, amd Commissioner Wolf expects many more to follow dur- ing the next two days. The las{ day for either signing the time stipulation or sending in a list of policy-holders and the description of policies expires on Saturday, and those insurance com- panies which do neither are likely to find themselves in a serious predica- ment. Commissioner Wolf will not say what steps he will take against those companies that defy the State law by failure to comply with its requirements, t it is likdly that they will be pro- ceeded against at once. The law just passed by the Legislature provides a penalty of prohibition from doing future business in California or a fine of $2000. ¢ Many of the insurance companies are signing the time stipulation rather than make public a description of the policies they have issued and the names of the policy-holders. In many cases the man- agers say that it 18 impossible) because of the reinsurance to furnish such a list. Others decline to do so for the reason that such a list will expose their business in every detail to other com- panies. Commissioner = Wolf smiles blandly when they come to him with their troubles, and states that he will fvithdraw his request for the lists as soon as the companies send in a signed stipulation granting the additional sixty days for the filling of proofs of loss. Three insurance companies—the Con- tinental, Austin of Texas and Scottish Union—have filed a description of all their policies with Insurance Commis- sioner Wolf. Hill Buys New York Manmsfon. NEW YORK, June 13.—The priva house at 8 East Sixty-fifth street, be- longing to Mrs. Annie B. Bliss, was bought yesterday for a residence hy James J. Hill, president of the Great Northern Rallway Company. It is a modern five-story American basement dwelling on a 43-foot lot and has been P‘Id at $500,000. Mr. Hill has been ni;ltn.{. when in New York, at the Savoy RAILAOAD GUILTY OF - REBATING Jury Convicts the Chicago, Burlington and Quincy. Concessions to Packing Companies Prove Unprofitable. - Defendant Is Subject to Fines on Fach of Four Counts. SPECIAL DISPATCH TO TYE CALL. KANSAS CITY, June 13.—The Chi- cago, Burlington and Quincy Railroad Company was found guilty here late this afternoon by a jury in the United States District Court on four counts of having granted concessions on packing- house shipments for export to the Ar- mour Packing Company, Swift & Co., Cudahy & Co. and the Nelson-Morris Packing Company. The conviction car- ried with it a fine of from $1000 to $20,000 on each count. Judge Smith McPherson, the presiding Judge, de- ferred sentencing the defendant until June 282. All four counts are practically the same. The case of the Armour Packing Company, on which fnstructions were read to the jury, charged specifically that the Burlington pn August 17, 1905, accepted a ahlpment of oleo oil from Kansas City to Liverpool at a rate that included a rate of 23 cents a hundred pounds, Mississippl to New York, whereas the regular tariff at that time was 35 cents. \ To simplify the case A. 8. 'Van Val- kenburgh, District Attorney for the Government, and Judge O. M. Spencer of St. Joseph, representing the defend- ant, signed an agreement of facts, which was in effect that the Burlington did contract with the packers to carry their product at 23 cents for the dis- tance named, or a rate of 49 cents for the whole distance from Kansas City to Liverpool.. Only a half dozen wit- nesses were examined, their testimony being largely technical and pertaining to the tariffs in existence at the time covered in the indictment. Judge McPherson, in instructing the jury, said that the Burlington Railroad had no right to make a contract for a period longer than the established rate of 23 cents should be in force. To have carried shipments for 23 cents after August 17, 1905, when the tariff was raised to 36 cents, would be considered | a concession.. The failure of the Bur- lington to file the schedule of 23 cents was immaterial. CRICAGO, June 13.—D. E. Hartwell, secretary for Swift & Co., packers, re- ferring today to the decision in the so- called report rebate case in the Federal court at Kansas City, said: “The case in question does not involve rebates. The shipments were made at the contract rates and payments of freight made accordingly, and all rates were shown on the blll of lading, no re- bates being received. The Supreme Court of the United States has held that | the rate on export shipments may be less than the rate on interstate or do- mestic shipments. If Judge McPherson's opinion be sustained, no, shipper can figure in advance what if will cost him to transport his products, and shippers will be seriously ‘embarrassed in mak- ing contracts for future delivery. In this case the law was not so determined in advance that Swift & Co. could kno that they were violating the law, and, as a matter of fact, they were advised by able legal counsel that in acting on the contract they were not violating the interstate commerce act.” POSITIVE THAT MORPHINE ~ WAS CAUSE OF DEATH. Professor Rodgers Resumes His Testimony at the Trial of Mrs. Emma Le Doux. STOCKTON, June 13.—The spectators who have crowded Judge Nutter's court-room from day to day hoping to { hear something sensational in the Le Doux murder trial have so far been disappointed. The evidence up to this | point has to a great extent been a recital of physical facts, and none of it has as yet pointed directly to the sac- cused as far as her actual connection with the death of McVicar is concerned. Much of the testimony has been of a decidedly technical character, dry and uninteresting to the point of weariness, | though relieved occasionally by _tilts between witnesses and defendant’s counsel. Almost the entire session today was taken up by a rigid cross examination of Professor R. R. Rodgers, the chemist who analyzed the tissues from the viscera of the dead man. He was closely catechised regarding his ex- periments and on more than one occa- sion he asked Attorney Fairall for the defense to please remember that he had answered some of the questions several times and told all he knew about the matters inquired into. Once the court rebuked the witness for telling the attorney to stop repeating the ques- tions, and once the court rebuked the attorney for suggesting that the wit- ness was paid a fee for testifying. Most {of the poisons known to sciemce, to- | Bether with their effect upon the | system, were the subject of inguiry. Rodgers stuck to his declaration, how- ever, that morphine had caused the death of McVicar, and that he could not possibly be mistaken as to its presence in the tissues examined. —_— Day Retires as Rear Admiral. WASHINGTON, June 13.—Captain MRS. EMMA ON STOCKT! LE TR[E-_\‘Y\.‘: FOR HER LIFE AT DOUX. WHO IS Willlam P. Day, recently stationed at the Navy Yard at Mare Island, Cal, has been placed on the retired list of the pavy with the rank of rear admiral. on his own application, after more than fitty years' service. —_— Calaveras Big Trees. Good trout fishing. Goed table. Low hotel rates. scenery over the Sierrs Rafl- way and oaly $I5 for the round trip. Get yous from Santa Fe or Southern Pacific agent.® monsisiuche wiames o dive Californians in Paris. PARIS, June 13.—The following Cal- ifornians registered at the Call-Herald Bureau today: Mrs. J. Q. and Tracy Hall of Los Angeles; Dr. Anna Mos< grove of San Francisco. —_——— Russian Prince Murdered. KUTAIS, June 13.—Prince Hidibeg~ off, a marshal of the nobility and m- inent in the Liberal movement, was killed in the street here today. Alfred Lilienfeld & Co ANNOUNCE THE REOPENING OF THEIR TWENTIETH CENTURY CLOTHES SHOP 1363 and 1365 Fillmore Strect.... High-Grade Tailoring and Imported Haberdashery for TODAY (THURSDAY) MORNING JUNE THE FOURTEENTH