Appendix — American Insurance v. Lucas

Supreme Court brief1941

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Text

I. Index of Witnesses and Exhibits (Chronologically as

to appearance in transcript)—

Pages XXVI

II. Alphabetical Index of Witnesses—

Pages XXVII to XXXI

III. Alphabetical Index of Plaintiff Insurance Companies—

Pages XXXIII to XXXVIII

IV. Exhibits (Chronologically as to dates thereof)—

Pages XXXIX to LXI

a <

District Court of the United States

FOR THE WESTERN DISTRICT OF MISSOURI.

CENTRAL DIVISION.

IN EQUITY.

No. 270

(and other pending cases 270 to 426 excepting those dismissed).

AMERICAN INSURANCE COMPANY, A CORPORATION,

PLAINTIFF,

VS.

RAY B. LUCAS (SUCCESSOR IN OFFICE TO R. E. O’MALLEY,

SUCCESSOR IN OFFICE TO JOSEPH B. THOMPSON), SUPER-

INTENDENT OF THE INSURANCE DEPARTMENT OF THE STATE

OF MISSOURI, AND ROY McKITTRICK (SUCCESSOR IN OFFICE

TO STRATTON SHARTEL), ATTORNEY GENERAL OF THE

STATE OF MISSOURI, DEFENDANTS.

INDEX I

(Chronologically As to Appearance in Transcript.)

Vol. Page

Caption I 1

Appearance of parties I 1

Colloquy between counsel as to the introduction of

testimony -. I 2

DEFENDANTS’ EVIDENCE

RUSSELL D. HOBBS, Secretary Subscribers Actuarial

Committee .. Ed I 3

Exhibit 1—List of cases pending I 9

ERNEST A. HENNE, Chairman Subscribers Actuarial

Committee and Vice President Continental Insurance

Group I 20

Exhibit 2—Memorandum Agreement (settlement

agreement) dated 18th day of May, 1935, between

R. Emmet O’Malley and Charles R. Street... I 27

II INDEX I

Exhibit 3—Decree dated February 1, 1936, entered

in each cause

Exhibit 4—Declaration of Trust dated February 1,

1936, executed by Charles R. Street and Robert

J. Folonie

Exhibit 5—Check of Continental Insurance Ceamene,

dated May 2, 1935, _— to Chas. R. Street,

Chairman, for $15,000.00... ee

Exhibit 6—Letter from Mr. prs ‘Peeciéent, pany

tinental Insurance Company, to Mr. Henne, Vice

President, dated April 16, 1936... ae

Exhibit 7—Letter from Mr. Sones to Mr. ‘Clee.

President, Continental Insurance Company, dated

gOS AR SRILA RA rl aC

Exhibit 8—-Memorandum of C. R. Street, addressed

to the Governing Committee, dated September 25,

1936

Exhibit 9—Inter-office cumunieation ‘eee ‘Bert

R. Jones, Assistant Auditor, and William H. Emes,

Auditor, dated October 29, 1936...

WALTER D. WILLIAMS, former President of Security

Insurance Company and East and West Insurance

Company; member of Subscribers Actuarial Committee

Exhibit 10—Letter from C. R. Street to Walter D.

Williams, dated March 17, 1936__

Exhibit 11—Letter from C. R. Street | om Walter D.

Williams, dated March 17, 1936...

Exhibit 12—Check issued by Seontiy. Tesemenee Sines.

pany, dated March 23, 1936, payable to C. R. Street,

agent, amount $2,960.75

Exhibit 13—Check issued by East and West Semseuees

Company, dated March 23, 1936, — to C. R.

Street, Agent, amount $1,302.56...

Exhibit 14—Letter from Mr. C. R pee ja Mr.

Powrie, dated November 9, 1936.

Exhibit 15—Letter aoe deed 1 » . Mr. c R.

Street, dated March 23, 1936. teas eS

RUSSELL D. HOBBS, Recalled...

Exhibit 16—Extract from Minutes a mesting of re

tuarial Committee, dated February 8, 1935.

Exhibit 17—Extract from Minutes of meeting @

Actuarial Committee, dated March 19, 1935.

Exhibit 18—Extract from Minutes of meeting -

tuarial Committee, dated July 9, 1935. ete

Vol. Page

I 32

I 40

I 46

I 51

I 53

I 54

I 55

I 70

I 81

I 82

I 83

I 84

I 85

I 87

I 97

I 98

I 99

INDEX I III

_iVol. Page

Exhibit 19—Extract from Minutes of meeting Ac-

tuarial Committee, dated October 1, 1935.................. I 101

Exhibit 20—Extract from Minutes of meeting

Actuarial Committee, dated November 27, 1935........ I 102

Exhibit 21—Extract from Minutes of meeting Ac-

tuarial Committee, dated November 27, 1935... I 104

Exhibit 22—Extract from Minutes of meeting Ac-

tuarial Committee, dated April 8, 1936... a 105

Exhibit 23—Extract from Minutes of eeoting Ac-

tuarial Committee, dated June 5, 1936 I 106

Exhibit 24—Extract from Minutes of meeting of

Actuarial Committee, dated October 23, 1936_.......... I 106

Exhibit 25—Extract from Minutes of meeting of Ac-

tuarial Committee, dated December 8, 1936............. I 107

Exhibit 2¢—Extract from Minutes of meeting of Ac-

tuariol Committee, dated April 30, 1935_................... I 108

A. F. POWRIE, Manager, Western Department, Fire

Association of Philadelphia Group...............----..---.------- I 109

Exhibit 27—Copy of letter from Mr. Powrie to O. E.

Lane, dated March 12, 1936 I 112

Exhibit 28—Voucher receipt to Fire Association of

Philadelphia by C. R. Street, Chairman, dated

March 13, 1936, for $1,712.82................------------------.-------- I 116

(Exhibit 28a see page XXV.)

Exhibit 29—Letter from Mr. Powrie to C. R. Street,

transmitting check for $1,712.82, dated March 13,

OO cnc bps as ohana tal cee Raat one I 120

Exhibit 31—Letter from Mr. Powrie to C. R. Street,

dated April 29, 1936, transmitting check for

(Exhibit 3la see page XXV)

(Exhibit 31b see page XXV.)

(Exhibit 3lc see page XXV.)

(Exhibit 31d see page XXV.)

Exhibit 30—Letter from Charles R. Street to Mr.

A. F. Powrie, dated April 27, 1936.. eas I 131

Exhibit 32—Letter from C. R. Street to va F Powsie,

dated November 9, 1936 (original of Exhibit 14).. I 132

GEORGE H. BELL, Manager, Western Department,

National Fire Insurance Company and affiliated com-

panies; member Subscribers Actuarial Committee........ I 136

Exhibit 33—Check National Fire Insurance Company,

dated May 7, 1935, to Hicks and Folonie, Attys., for

oe 5 nccismanead nbdesoninnnn da dbisecviepinatesicatianceietcaeinaiaatane3 I 148

IV INDEX I

Exhibit 34—Check National Fire Insurance Company,

dated March 27, 1936, issued to C. R. Street, Agent,

for $13,655.11 Sill

J. C. McKOWN, Secretary, St. Paul Fire & Marine In-

surance Company and Mercury Insurance Company...

C. A. DOSDALL, Secretary, St. Paul Fire & Marine

Insurance Company and Mercury Insurance Company

Exhibit 35—Letter from C. R. Street and R. J.

Folonie, Trustees, to St. Paul Fire & Marine In-

surance Company, and Mercury Insurance Com-

pany, dated March 9, 1936

Exhibit 36—Disbursement Voucher Mercury Insurance

Company, dated March 31, 1936, and pencil mem-

orandum from C. R. Street

Exhibit 37—Letter to C. R. Street from C. A. Dosdall,

dated March 13, 1936 Sea agian eat eiedt haec ee

Exhibit 38—Letter to J. C. iditoon from C. R.

Street, dated March 30, 1936.....

Exhibit 39—Cancelled check of “St. Paul Fire &

Marine Insurance Company, dated March 13, 1936,

payable to C. R. Street and R. J. Folonie, Trustees,

re aii anirecesinrsnteittieeroenrmrnisiesintinantntceimsorn'

Exhibit 40—Cancelled check of Mercury Insurance

Company, dated March 13, 1936, to C. R. Street

and R. J. Folonie, Trustees, amount $478.94...

Exhibit 41—Letter from C. A. Dosdall to C. R. Street,

dated April 1, 1936

(Exhibit 4la see page XXV.)

(Exhibit 4lb see page XXVI.)

Exhibit 42—Letter from C. R. Street to C. A.

Dosdall, dated April 2, 1936... HASHES SST ES

J. C. McKOWN, Recalled...

RAYMOND WALDRON, Vice President Detroit Fire

& Marine Insurance Company...

Exhibit 43—Check of Detroit Fire & Marine Insurance

Company, dated March 19, 1936, issued to C. R.

Street, Agent, amount $897.43

CHARLES A. REEKIE, Vice President and Secretary,

Detroit Fire & Marine Insurance Company...

S. F. WEISER, Secretary, Dubuque Fire and Marine

Insurance Company and National Reserve Insurance

Company .

Exhibit 44—Memorandum sive Mr. S. F. Weiser, March

24, 1936... .

Vol.

Page

149

165

168

171

172

174

176

180

181

184

185

204

206

209

212

213

217

INDEX I

Exhibit 45—Copy of letter from H. C. Clark to S. F.

Weiser, dated March 24, 1936

Exhibit 46—Check of Dubuque Fire & Marine Insur-

ance Company, dated March 25, 1936, issued to Cc. B.

Street, Agent, for $2,910.02

Exhibit 47—Check of National Reserve Insurance Com-

pany, dated March 25, 1936, issued to C. R. Street,

Agent, for $676.06...

w. R. REILLY, Assistant Secretary Dubuque Fire &

Marine Insurance Company........-.....-.-------

S. M. BUCK, former Western Manager Firemen’s Fund

Insurance Company group; member Subscribers Ac-

turial Committee

Exhibit 48—Office Memorandum from W. L. Leonard

to Mr. Buck, dated March 24, 1936. ;

Exhibit 49—Carbon copy of letter from Mr. Buck to

Mr. C. R. Street, dated March 27, 1936_...............---.

Exhibit 50—Check of Home Fire & Marine Insurance

Company, dated March 27, 1936, issued to C. R.

Street, Agent, for $1,259.22

Exhibit 51—Check of Firemen’s Fund Insurance Com-

pany, dated March 27, 1936, issued to C. R. Street,

Agent, for $5,739.21 ...............-----

HERBERT A. CLARK, Vice President Firemen’s Fund

Insurance Company group; member of Subscribers

Actuarial Committee.......

Exhibit 52—Letter from C. R. Street and R. J. Folonie,

Trustees, to Mr. Clark, dated March 9, Sc ciasdicnsediven

Exhibit 53—Memorandum from Mr. Clark to Miss

Bircher, dated March 13, 1936. ............------.-------—-

Exhibit 54—Memorandum from Mr. Clark to Miss

Bircher, dated March 24, 1936................------------------

Exhibit 55—Check of Concordia Fire Insurance Com-

pany, dated March 25, 1936, issued to C. R. Street,

Agent, for $2,858.24... ... ...

Exhibit 56—Check of Firemen’s Semsenee “Campuny,

dated March 25, 1936, issued to C. R. Street, —

amount $6,162.33. si

Exhibit 57—Check of ‘Girard Fire = Marine ‘i-

ance Company, dated March 25, 1936, issued to C. R.

Street, Agent, for $1,820.25... naw

Exhibit 58—Check Mechanics lnsusanee Conger e

Philadelphia, dated March 25, 1936, issued to C. R.

Street, Agent, for $387.17

Exhibit 59—Check of Milwaukee Mechanics’ Insur-

ance Company, dated March 25, 1936, issued to C. R.

Street, Agent, for $3,387.72... ees sn

Vol.

Page

241

247

270

271

272

vI INDEX I

Exhibit 60—Check of National-Ben Franklin Fire In-

surance Company, dated March 25, 1936, issued to

C. R. Street, Agent, for $1,359.93

Exhibit 61—Check of Superior Fire Insurance Com-

pany, dated March 25, 1936, issued to C. R. —

Agent, for $1,015.21...

JOHN C. HARDING, Vice President, Springfield Fire &

Marine Insurance Company group; member Subscribers

Actuarial Committee...

Exhibit 63—Letter from F. A. Schiccinger { to John c.

Harding, dated March 24, 1936 020...

Exhibit 62—Inter-Office communication from B. E.

Hobart to George B. Bulkley, dated March 26, 1936

BERNARD E. HOBART, Auditor, Springfield Fire &

Marine Insurance group

W. L. LERCH, Manager of the Underwriters Grain As-

IS al eo abdienmatncalaiadiiabelacimmcioncons

Exhibit 64—Check of Underwriters Grain Association,

dated March 18, 1936, issued to C. R. reba Agent,

for $2,070.98.

Exhibit 65—Letter from C. R. Street to W. L. Lerch,

I I Ts picchrnrrievcectstecekewesdemonieren

JOHN R. CASHEL, Assistant ~ainteads Providence Wash-

ington Insurance Company .... Me

CARSTEN CLAUSSEN, Manager Western Department,

London & Lancashire Insurance Company group... _.

Exhibit 66—Check of London & Lancashire Insurance

Company, dated March 24, 1936, issued to C. R.

Sweet, Agent, for 93,700.56... ns...

Exhibit 67—Check of Orient Insurance Company, dated

March 24, 1936, issued to C. R. Street, Agent, for

$3,506.24

Exhibit 68—Check of Safeguard Insurance Campeny,

dated March 24, 1936, issued to C. R. Street, Agent,

+ BE REESE DRE et RAS Bt SR a

Exhibit 69—Check of Law, Union & Rock Insurance

Company, dated March 24, 1936, issued to C. R.

Street, Agent, for $1,307.63...

Exhibit 225—Letter from C. Ghounmen | to | ener iL

Berger, dated August 1, 1939

Exhibit 225a—Carbon copy of letter from Claussen,

Manager, to General Manager, London, dated ined

10, 1936

Exhibit 225b—Carbon copy of page from senor of

Missouri Impounded Premiums as of June 30, 1936

274

279

294-295

297

300

305

310

312

315

317

323

324

325

326

330

331

332

InDEXx I

Exhibit 225c—Memorandum letter from Home Office of

London & Lancashire Insurance Company Manager,

Chicago, dated July 24, 1936 I 333

CHARLES H. SMITH, Assistant General Agent Hart-

ford Fire Insurance Company and Citizens Insurance

Company; member of Subscribers Actuarial Committee I 334

ROBERT P. BARBOUR, United States Manager Northern

Assurance Company and London and Scottish Assur-

ance Corporation....................-----. I 337

Exhibit 70—Memorandum by Mr. Barbour, dated

March 23, 1936 _............-.- I 359

Exhibit 71—Check of Northern Assurance Company,

dated March 23, 1936, issued to C. R. Street, Agent,

for $4,910.48... I 360

Exhibit 72—Check of Lenden & “Scottish Assurance

Corporation, dated March 24, 1936, payable to North-

ern Assurance Company, Ltd., for $673.33................... I 361

O. E. LANE, President, Fire Association of Philadelphia

QBTOUP —.- naan nnennennnenenneneennen senses ensenee I 363

WALTER F. BRADY, Vice President and Secretary of

Merchants Fire Assurance Corporation I 371

Exhibit 73—Memorandum by Mr. Brady, dated Stereh

25, 1936... I 380

Exhibit 14—Check Mehenie ‘Fire home Ow

poration, dated March 25, 1936, issued to C. R.

Street, Agent, for $3,012.99... I 381

Exhibit 75—Page 125 of General Cash Book of ‘Mere

chants Fire Assurance Corporation, dated March,

|. ees » 2 382

F. J. BREEN, President Standard Fire Insurance Com-

pany of New Jersey. I 383

Exhibit 76—Check of Standard Fire Insurance Com-

pany, dated March 24, 1936, issued to C. R. Street,

Agent, for $2,891.02... --—--------ce--eeseeeseeeenneneeeneen ees I 390

Exhibit 77—Memorandum hewing impoundings and

amount of check of Standard Fire Insurance Com-

pany of New Jersey I 392

Exhibit 78—Page 116 of Cash Book of Standard Fire

Insurance Company of New Jersey I 393

Exhibit 79—Page 65 of the Journal of Standard Fire

Insurance Company, dated June, 1936 I 393

Exhibit 80—Ledger page entitled “Missouri mans

pounded Premiums Held by Trustee—Expenses”

Standard Fire Insurance Company of New Jersey I 393

VIII InpDEx I

Exhibit 81—Ledger page entitled “Legal Expenses”

Standard Fire Insurance Company, 1936-1938...

WILLIAM H. KOOP, President Great American In-

surance Company group

Exhibit 82—Check requisition, Great American Insur-

ance Company, for $10,000.00, payable to R. J.

Folonie, Attorney, dated March 9, 1935_...............

Exhibit 84—Check Great American Jnsurance Com-

pany group, dated May 9, 1935, to R. J. Folonie,

Attorney, for $10,000.00

Exhibit 83—Check requisition, Great American In-

surance Company, issued to C. R. Street, Agent,

dated March 24, 1936, for $5,997.00

Exhibit 85—Check of Great American Insurance Com-

pany, dated March 25, 1936, issued to C. R. Street,

Agent, amount $5,997.00

Exhibit 86—Telegram from C. R. Street to Mr. Koop,

a cenroideemrgewanaes

Exhibit 87—Telegram from W. H. Koop to C. R. Street,

I aides vere ctreriee Nee demriaiempzencninns aomvaciers

Exhibit 88—Telegram from C. R. Street to Mr. Koop,

dated May 16, 1935.

Exhibit 89—Memorandum from Mr. Erskine to Mr.

Koop, dated May 16, 1935

Exhibit 90—Letter from Mr. Erskine to Mr. Street,

dated May 17, 1935

Exhibit 91—Telegram from Mr. Erskine to Mr. Street,

dated May 16, 1935

Exhibit 92—Telegram from Mr. Erskine to Mr. Street,

dated May 17, 1935

Exhibit 93—Telegram from Mr. Street to Mr. Koop,

rc oircortacenescicecensecnetevcensiceatniaamincies

WILFRED KURTH, Chairman of the Board of Home

Insurance Company and affiliated companies...

Exhibit 94—Check of Home Insurance Company, dated

May 2, 1935, issued to Charles R. Street, Chairman,

for $15,000.00

Exhibit 95—Check of Home Insurance Cangeny

Special Account No. 3, dated March 23, 1936, issued

to C. R. Street, Agent, for $2,868.14 0.

(Exhibit 95a see page XXVI.)

Exhibit 96—Order by Mr. Kurth for check to C. R.

Street, Chairman, for $15,000.00, dated May 2, 1935

Exhibit 97—Order for check to Charles R. Street,

Chairman, for $15,000.00, dated May 2, 1935...

4038

410

411

412

413

422

428

430

432

434

Inpex I

Exhibit 98—Order for check to C. R. Street, Agent,

for $28,682.14, dated March 23, 1936

Exhibit 99—(Plaintiff’s Exhibit 1) Page from Cash

Book of Home Insurance Company, dated May 2,

JOHN R. VAN HORNE, Secretary Globe & Rutgers In-

surance Company

Exhibit 100—Memorandum from Mr. Van Horne to

George C. Bowers, dated March 23, 1936

Exhibit 101—Check of Globe & Rutgers Insurance

Company, dated March 23, 1936, issued to C. R.

Street, Agent, for $2,852.81 Se

Exhibit 102—Check requisition dated March 23, 1936,

to C. R. Street, Agent, for $2,852.81

HAROLD T. CARTLIDGE, Deputy United States Man-

ager Royal Insurance Company and affiliated com-

panies ..

Exhibit 103—Check requisition, Royal Insurance Com-

pany, for $10,000.00, to Cc. R. Street, Chairman,

dated May 2, 1935

Exhibit 104—Check Royal Insurance Company, dated

May 2, 1935, payable to C. R. Street, Chairman, for

$10,000.00 - "

Exhibit 105—Letter from Subscribers’ Actuarial Com-

mittee to companies, dated February 4, 1936 “

Exhibit 106—-Memorandum as to impoundings Royal

Insurance Company group

Exhibit 107—Memorandum from Paul L. Haid to Mr.

ld, ae

Exhibit 108—Order for check dated March 23, 1936,

payable to C. R. Street, Agent, for $12,200.40_.........

F. W. KOECKERT, United States Manager Commercial

Union Assurance Company group; member Sub-

scribers’ Actuarial Committee

Exhibit 109—Check of Commercial Union Assurance

Company, dated May 2, 1935, issued to C. R. Street,

Chairman, for $7,500.00 Es,

Exhibit 111—Page from Cash Book for May, 1935

Commercial Union Assurance Company.............-----

Exhibit 110—Check of Commercial Union Assurance

Company, dated March 21, 1936, issued to C. R.

Street, Agent, for $8,281.67

Exhibit 112—Ledger sheet entitled “National and

Local Boards” Commercial Union Assurance Com-

pany, May 2, 1985 _—...—-----------<-------n-menennneere renner"

x INDEX I

March, 1936, Commercial Union Assurance Company

Exhibit 114—Ledger account entitled “Legal Ex-

penses” Commercial Union Assurance Company......

THOMAS C. MOORE, Vice President and Manager

Potomac Insurance Company.

Exhibit 115—Circular letter from Missouri tnepection

Bureau to agents, dated June 12, 1935...

Exhibit 116—Marked but not offered, covered by

statement

Exhibit 117—Check Potomac Insurance Company,

dated March 24, 1936. issued to C. R. Street, hiccuiane

for $2,450.74

Exhibit 119—Requisition for check, Petemne pane

ance Company, dated March 24, 1936, to C. R.

Street, Agent, for $2,450.74

Exhibit 118—Photostatic copy of Memorandum em

files of Potomac Insurance Company... Ra

RONALD R. MARTIN, United States Manager Atlas

Insurance Company..

Exhibit 120—Letter from Mr. Barry to Mr. Gihem,

dated March 24, 1936

(Exhibit 120a see page XXVI.)

FRED A. HUBBARD, former President Globe & Rutgers

Fire Insurance Company, and President Hanover Fire

Insurance Company.

Exhibit 121—Check Hanover Fire Insurance Com-

pany, dated March 23, 1936, issued to R. J. Folonie,

Agent, for $4,116.48

Exhibit 122—Letter from Vice President Hanover Fire

- Insurance Company to C. R, Street, Trustee, dated

March 23, 1936

Exhibit 123—Letter from Mr. Coffill to Mr. Nelson,

dated March 23, 1936

Exhibit 124—Letter from Mr. Nelson to . Mr. ‘Coffill,

EE NE BIEN Bi naecintesesincnaivarsrenetinicsenbotsainionsucsosabiens

Exhibit 125—Sheet 313 of the Agency Remittances

for month of March, 1936, for Hanover Fire In-

surance Company...

Exhibit 126—Sheet from Agency Remittances Henover

Fire Insurance Company for month of March, 1936

Exhibit 127—Sheet from Cash Book Hanover Fire

Insurance Company for month of March, 1936........

Exhibit 113—Page 249 from Cash Book for month of

INDEX I

Exhibit 128—Page from General Cash Book, Western

Department, Hanover Fire Insurance Company,

month of March, 1936

Exhibit 129—Page from General Cash Book, Western

Department, Hanover Fire Insurance Company.....

Exhibit 130—Page from General Cash Book, Hanover

Fire Insurance Company, March, 1936......-..---.----

(Exhibit 131—none marked with this number.)

Exhibit 132—Page frorr. General Cash Book, Western

Department, Hanover Fire Insurance Company.......-

Exhibit 133—Page from Ledger of Hanover Fire In-

surance Company, entitled “Home IE scnteviyersrsene

Exhibit 134—Page from Ledger of Hanover Fire In

surance Company, entitled “Legal Expenses”.......... -

Exhibit 135—Monthly Report, Western Department,

Hanover Fire Insurance Company, month of March,

OSWALD TREGASKIS, United States Manager, Sun

Insurance Office, and President Patriotic Insurance

COROT ana anna nm on vn ce cncencnmeemrrnnnnnnnrcemrrnmrrrnmnennree

Exhibit 136—Check requisition, Patriotic Insurance

Company, to R. J. Folonie, Agent, dated March 23,

1936, for $249.31... ..........~ ..-----c--c--n-eeneeneensennsesremennennennnss eens

Exhibit 137—Check of Patriotic Insurance Company,

dated March 23, 1936, payable to R. J. Folonie,

Agert, $240.3). ----nnnn---cennnoncennmnenennenemrrnnnnrnnnnstenn oo

Exhibit 138—Requisition for check, Sun Insurance

Office, payable to R. J. Folonie, Agent, for $3,591.06,

March 23, 1936........... ‘or cdenscg cuiainsaenaciioeiebonamen nena eta

Cc. A. SIEDELL, Secretary Stuyvesant Insurance Com-

TRI sec cacmeenceneenrescte-ceeersn seestenemeen ace N CC TTT

Exhibit 139—Check Stuyvesant Insurance Company,

dated March 23, 1936, payable to Cc. R. Street,

Lor $2,171.41 ana ann 2nnnennnennnenenersnnenwenenmeenmmnnnnstansonensars

FRANK M. SMALLEY, President, Glens Falls Insurance

COMpany —...---n-----nnneon---eeneerseeeseneenesnenenaeensnmenmeensnenntnasenaees ve

Exhibit 140—Check of Glens Falls Insurance Company,

dated March 20, 1936, issued to C. R. Street, Agent,

LOP $2,877.38. ------nenn = = enn eneeeneenecensenseneeanensemennnnenssaananaeen

Exhibit 141—Order for check to C. R. Street, Agent,

dated March 20, 1936, for $2,877.38.......................-..-.--

Exhibit 142—Letter of Glens Falls Insurance Com-

pany to Mr. J. D. Erskine, dated March 20, 1936........

H. F. WATERMAN, Secretary, Agricultural Insurance

Company -...--------c0+-eeeevneeeee vicetetouey ss

Vol.

Page

XII INDEX I

Exhibit 143—Check of Agricultural Insurance Com-

pany, dated March 21, 1936, to C. R. Street, Agent,

for $2,049.89; also receipt of C. R. Street, Agent... .

Exhibit 145—Letter of Mr. Waterman to C. R. Strect,

dated March 21, 1936.......................

Exhibit 144—Letter from C. R. Street to Mr. ‘Water-

man, dated March 23, 1936... nie

JOHN KOENIG, Secretary. United States Branch, Royal

Exchange Assurance Group...

Exhibit 146—Letter of Charles R ‘Street to > Roya

Exchange Assurance, dated March 31, 1936...

LAURENS R. BOWDEN. Vice President, Bankers &

Shippers Insurance Company Group... :

Exhibit 147—Check Pacific Fire Sasusenee ‘Canpeny,

dated March 24, 1936, to R. J. Folonie, Agent.

for $1,602.17... A

Exhibit 148—Check “Beshew ~ poy ‘eee

Company, dated March 24, 1936, to R. J. Folonie,

Agent, for $2,060.97..

Exhibit 149—Check of ew pom begee co

pany, dated March 24, 1936, issued to R. J.

Folonie, Agent, for $1,402.27... 2

Exhibit 150—Requisition for atk of Pacific Fire

Insurance Company, dated March 24, 1936.

Exhibit 151—Memorandum of receipt of New aie

Insurance Company, dated March 25, 1936 ..

Exhibit 152—Request for check of New Jersey Insur-

ance Company, dated March 24, 1936...

Exhibit 153—Journal page of Pacific Fire Insurance

Company entitled “Missouri Impound Custodian”.

HARRY HALPRIN, Assistant Branch mxmccnteadle of —

Exchange Group ne

Exhibit 154—Check of Royal Site Assurance,

dated March 23, 1936, to C. R. Street, for $6,385.31.

Exhibit 155—Page from disbursement records of a

Exchange Assurance, March 25, 1936 ..

HERMAN L. WILKINS, former Secretary and Treasurer

of Importers & Exporters Insurance Company .

Exhibit 156—Check of Importers & Exporters Insur-

ance Company, dated March 25, 1936, to C. R.

Street, Agent, for $2,482.25... eh.

HARRY G. CASPER, United States Manager of Eagle

Star and British Dominions Insurance Company

Vol.

Page

103

105

a 3! bo, eee

See PP eee

InpEx I

Exhibit 157—Check Eagle Star & British Dominions

Insurance Company, dated March 24, 1936, to C. R.

Street, Agent, for $1,028.57... ini

Exhibit 158—Voucher of Eagle Star & British ‘Seu

ions Insurance Company, dated March 24, 1936...

Exhibit 159—Page 252 from Cash Book of Eagle Star

& British oe * Insurance acinar for month

= March, 1936... aa ee Meehan

JOHN R. BARRY, Vice President of Corroon & Reynolds

EVERETT W. NOURSE, United States sauna London

Assurance Corporation Group ..

Exhibit 160—Check of London ” pamapenen, "gated

March 23, 1936, to Charles R. Street, Benson for

$3,493.96 eee

PAUL B. SOMMERS, President, American Insurance

Company Group...

Exhibit 161—Check requisition of deneaionn ‘ewe

ance Company, dated March 21, 1936................----

Exhibit 162—Check American Insurance Company,

dated March 21, 1936, to C. R. Street, for $9,719.03

Exhibit 163—Check requisition of Columbia Fire

Insurance Company

THEODORE PLESSNER, President of Northern Insur-

Qe COCTINIOING naan ann enna e oon ener ceernneenncnenenrencomrnmmenennnnens

Exhibit 164—Check of Northern Ineurence Company,

dated March 23, 1936, to C. R. Street, — for

$3,639.20 anid ore

GEORGE S. ALLEN, Chief Accountant, Svea Fire & Life

Insurance Company, and Secretary of Hudson Insur-

ance Company . ;

Exhibit 165—Check of Svea Fire & Life Insurance

Company, dated April 2, 1936, to C. R. Street,

Agent, for $647.91...

Exhibit 166—Check of Hudson Insurance , een

dated April 2, 1936, to C. R. Street, — for

$615.66

HENRY J. WYATT, Vice President, Crum & Forster

Group

Exhibit 19—-Check of Crum & ; onion. " dated un

2, 1935, to Charles R. Street, Chairman, for

Exhibit "lak ented prams “distribution of

$5,000.00 among companies of group... oe

Vol.

112

114

117

122

128

131

136

138

143

145

148

153

159

160

162

165

166

XIV Inpex I

Exhibit 169—Carbon copy of check and office voucher

of Crum & Forster, dated May 2, 1935, to Charles

R. Street, Chairman, for $5,000.00

Exhibit 170—Check of Crum & Forster, dated March

21, 1936, to C. R. Street, Agent, for $6,419.41; and

memorandum prepared by Mr. Haid.........................

Exhibit 171—Copy of check and office voucher of

Crum & Forster, dated March 21, 1936, to C. R.

Street, Agent, for $6,419.41...

S. CLARENCE KLINE, Superintendent of Agencies,

Tokio Marine & Fire Insurance Company....................-.

Exhibit 172—Check of Tokio Marine & Fire Insurance

Company, dated March 25, 1936, to C. R. Street,

Agent, for $1,792.86

FRANK B. MARTIN, formerly with Yorkshire Insur-

ance Company group.

Exhibit 173—Requisition of Yorkshire Insurance Com-

pany, dated March 24, 1936, to C. R. Street, Agent,

for $2,455.62

Exhibit 174—Check of Yorkshire Insurance Company,

Ltd., dated March 24, 1936, to C. R. Street, Agent,

for $2,455.62.

T,. J. IRVINE, Manager and President of Phoenix As-

surance, Ltd., group

Exhibit 175—Check of Phoenix Assurance Company,

Ltd., of London, dated March 23, 1936, to C. R.

Street, Agent, for $5,226.18... .....---------.-0-ceeeee-seeeees

Exhibit 176—Memorandum showing proration of

payment borne by each member of the group........

Exhibit 177—Memorandum odin by Mr. Irvine,

March 23, 1936...

Exhibit 178—Letter_ “of “Mr, ‘Cencingen | to ~ Mr.

Erskine, dated March 23, 1936....0.0.......-.c:ccccesse

Exhibit 179—Page from Cash Book of Phoenix he

surance Company for month of March, 1936..

Exhibit 180—Page from Cash Book of Shessis i

surance Company opposite Exhibit 179...................

Exhibit 181—Sheet from General Ledger entitled “Ac-

count Missouri Impounded Premium Adj. Acc’t’”’....

R. V. A. BAKER, General Auditor of Tokio Marine &

Fire Insurance Company. .........02......-00c0-cesesneneeeeeesseenanen

GUSTAVUS REMAK, JR., President Insurance sheers

of the State of Pennsylvania.

JOHN J. P. RODGERS, Vice President and Treasurer

of Insurance Company of the State of Pennsylvania...

168

170

172

196

208

209

218

— a >.

InveEx I

Exhibit 182—Check of Insurance Company of the

State of Pennsylvania, dated March 24, 1936, to

C. R. Street, Agent, for $1,876.68

Exhibit 183—Page 177 of Cash Book of Insurance Com-

pany of the State of Pennsylvania

Exhibit 184—Letter of Hicks & Folonie to Mr. Rodgers,

dated February 24, 1936... -----------ceecceeeeeeeems

Exhibit 185—Circular letter of Insurance Executives

Association, dated March 20, 1939...

JOHN M. THOMAS, President National Union Fire

Insurance Company ....

Exhibit 186—Check National ‘Union ‘Fire Insurance

Company, dated March 23, 1936, issued to Charles

R. Street, Agent, for $4,019.00.............--------------------

Exhibit 188—Letter of Mr. Street to Mr. Thomas, dated

March 17, 1936.-.......--.-.-.----

Exhibit 189—Letter of Mr. Thomas to Mr. Street, dated

March 23, 1936

Exhibit 187—Check requisition of National Union Fire

Insurance Company, dated March 20, 1936...

WILLIAM C. DENT, Assistant Secretary, Potomac In-

surance Company...........-

SHELDON CATLIN, Vice President of insusence Com-

pany of North America Group....

Exhibit 190—Disbursement veuser of Tasusanee Cm-

pany of North America, dated March 24, 1936.......

Exhibit 191—Check of Insurance Company of North

America, dated March 24, 1936 to C. R. Street,

Agent, for $8,903.39

(Exhibit 191a see page XXV.)

(Exhibit 191b see page XXV.)

(Exhibit 191¢ see page XXV.)

Exhibit 192—Page from Cash Book of the Alliance

Insurance Company, dated March, 1936... :

HART DARLINGTON, Moenager of the New York De-

partment of Norwich Union Society group...

Exhibit 193—Check requisition of Norwich “Union

Fire Insurance Society, dated March 23, 1936...........

Exhibit 194—Check of Norwich Union Fire Insurance

Society, dated March 23, 1936, to Cc. R. —

Agent, for $2,201.37.

Exhibit 195—Check requisition ie Fire jae

of New York, dated March 23, 1936... ............-.-

Vol. Page

293

294

XVI Inpex I

Exhibit 196—Check Eagle Fire Insurance Company,

dated March 23, 1936, to C. R. Street, Agent, for

$896.60

A. T. TAMBLYN, President Lincoln Fire Insurance Com-

pany (Chicago Fire & Marine and Presidential Fire

& Marine)

Exhibit 197—Check of Lincoln Fire Insurance Com-

pany, dated April 15, 1936, to C. R. Street, Agent,

for $694.52.

LOUIS MOECKEL, Supervisor of the Statistical De-

partment of Continental Insurance Company group...

Exhibit 198—Memorandum prepared by Mr. Moeckel,

dated December 18, 1935...

Exhibit 199—Letter of Mr. Swan to Mr. Haid, dated

March 23, 1936

Exhibit 200—Letter of Mr. Swan to Mr. Jones, dated

March 21, 1936

Exhibit 201—Letter of Mr. Swan to Mr. Jones, dated

March 30, 1936

Exhibit 202—Letter of Mr. Jones to Mr. Swan, dated

April 1, 1936.

W. H. EMES, Comptroller of Continental Insurance

Company group

Exhibit 203—Letter from Mr. Jones to Mr. Culver,

dated April 20, 1936

CECIL F. SHALLCROSS, United States Manager of

North British & Mercantile Insurance Company group

F. W. MAASEN, Auditor of London Assurance Corpora-

tion group

J. D. ERSKINE, Secretary, Insurance Executives Associa-

tion

Exhibit 204—Extract from Articles of Association of

Insurance Executives Association, showing the

purposes

Exhibit 205—List of companies in Federal Court cases,

showing amounts impounded to May 1, 1935.........

Exhibit 206—List of companies arranged as to groups,

showing 11% payment total impounded premiums

and 5% of impounded premiums

PAUL L. HAID, President, Insurance Executives As-

sociation -

Exhibit 207—List of Trustees of Insurance Buscutives

Association in 1935

Exhibit 208—List of Trustees of Insurance Executives

Association in 1936

Vol. Page

44 295

II 299

II 301

II 305

II 307

II 316

II 318

Il 324

I 325

326

340

II 342

0 343

II 347

I 360

II 362-364

TI 366-370

II 373

I 407

II 407 .

InpEx I XVII

Vol. Page

Exhibit 209—List of companies in Missouri Rate case

in Federal Court not affiliated with Insurance Exec-

utives Association ... eee Il 408

ROBERT R. CLARK, United States Manager of

Caledonian Insurance Company II 415

Exhibit 210—Letter of Mr. Clark to Mr. George Cc.

Long, dated May 3, | Il 421

Exhibit 214—Check of Caledonian lnewenee ‘Compeny,

dated May 3, 1935, to Charles R. Street, Chairman,

for $2,000.00 ... : II 423

Exhibit 211—Carbon | copy of ‘letter om ‘Chiet yr

countant Caledonian Insurance Company to Mr.

Street, dated November i = II 426

Exhibit 212—Letter “of Mr. Street to Mr. Clark, dated

November 23, 1936... ; II 428

Exhibit 213—Letter from Mr. ‘Clark to Mr. ‘Street, dated

November 25, 1936.. OR: II 429

Exhibit 215—Check of Caleéenien Raswwenee Company,

dated November 25, 1936, to C. R. Street, for $495.50 II 431

Exhibit 216—Receipt of C. R. Street, Chairman, to

Caledonian Insurance Company, for $495.50............ II 433

Exhibit 217—Copy of telegram from Mr. Street to

Mr. Long, dated May 16, 1935... II 441

R. M. BISSELL, President of Hartford Fire Insurance

Company group..........- II 442

Exhibit 218—Check of Hartford Fire ‘Resmsenee ‘Gm-

pany, dated May 3, 1935, to C. R. Street, Chair-

man, for $10,000.00 .. . II 449

Exhibit 219—Letter of Mr. Bissell to wy G. ‘Dugan, .

dated December 27, 1935 ............- II 452

JOHN H. VREELAND, United States Manager of Scot-

tish Union and National Insurance sirens and

President of American Union ............. II 461

Exhibit 220—Check of Scottish Union and National

Insurance Company, dated fl 3, 1935, to R. J.

Folonie, Attorney, for $4,000.00 . ‘Il 468

Exhibit 221—Receipt of C. R. Street, Chairman, to

Scottish Union & National Insurance oe

dated May 3, 1935... ADe II 470

Exhibit 222—Check of American Union Insurance ‘ain.

pany, dated March 27, 1936, to C. R. Street, —

for $1,257.42... seein II 472

Exhibit 0-Chedh of Seottidh “Union & ” National

Insurance Company, dated March 27, 1936, to C. R.

Street, Agent, for $414.50... a aeeedasetannebaninanel Il 474

XVIII InpEx I

Exhibit 224—Letter to Scottish Union & National In-

surance Company from Internal Revenue Agent,

dated September 21, 1937

Exhibit 224a—Report of Internal Revenue Agent en-

closed with Exhibit 224

(Exhibit 225 see page VI.)

(Exhibit 225a see page VI.)

(Exhibit 225b see page VI.)

(Exhibit 225c see page VII.)

FREDERICK M. DOMINICK, Assistant Secretary Boston

Insurance Company group

Exhibit 226—Letter of Mr. Dominick to Mr. Hewett,

dated March 21, 1936

Exhibit 228—Letter to Paul L. Haid from Mr.

Dominick, dated March 21, 1936

(Exhibit 228a see page XXVI.)

Exhibit 227—Receipt of C. R. Street to Old Colony

Insurance Company, dated March 25, 1936______.

Exhibit 227a—Receipt of C. R. Street to Boston In-

surance Company, dated March 25, 1936...

lL LLOYD GREENE, Vice President of Boston Insurance

Company group.

Exhibit 229—Memoranda odnasuite by Mr. Greene,

March 21, 1936 wings

FREDERICK M. DOMINICK, recalled

Exhibit 230—Letter from Mr. Dominick to Mr. Street,

dated June 4, 1936

Exhibit 231—Receipt from Mr. Street to Mr. Dominick,

dated April 13, 1936, for $6,097.15

Exhibit 232—Letter from Mr. Street to Mr. Dominick,

dated June 8, 1936

WILLIAM R. HEDGE, President of the Boston In-

surance Company and of Old Colony Insurance

Company

F. B. LUCE, Vice President of the Providence Washing-

ton Insurance Company

Exhibit 233—Check of Providence Washington Insur-

ance Company, dated March 24, 1935, to C. R.

Street, Agent, for $2,186.72

FRANK A. SCHLESINGER, Treasurer of Springfield Fire

and Marine Insurance Company group...

Exhibit 234—Certificate of Frederick B. Sweet in re

George G. Bulkley, dated August 3, . 1939

Vol.

BARA RA

Page

”

en a Pe ee ee ee ee es ee ee ere a

Inpex I

Exhibit 235—Affidavit of George G. Bulkley, dated

August 3, 1939

Exhibit 236—Letter from Treasurer to Paul ay ‘Haid,

dated March 23, 1936... 3

Exhibit 237—Memorandum “ March 24, 1936, pram

ing 5% of impoundings Springfield Fire Group...

Exhibit 238—Same as Exhibit 63...

Exhibit 239—Check of Springfield. ‘Fire & “Marine

Insurance Company, dated March 23, 1936, to c me

Street, Agent, for $15,821.52... ich B

Exhibit 240—Receipt from C. R. ‘Street, , Agent, to > ie.

Bulkley, dated March 31, 1936. k.

ROBERT C. WEIGEL, Secretary and Comptroller of

the Rhode Island Insurance Company group...........

Exhibit 241—Check of Rhode Island Insurance Com-

y to C. R. Street, Agent, dated March 26, 1935,

for "$2,938. 42.

Exhibit 242—Check of Merchants Insurance Company

of Providence, dated March 31, 1936, to e 2.

Street, Agent, for $1,010.90

Exhibit 243—Requisition for check for $2,938.42, pay-

able to C. R. Street, Agent, March, 1936...

Exhibit 244—Letter from Mr. Weigel to Mr. Street,

dated March 26, 1936...

Exhibit 245—Letter pecs “Mr. Weigel o Mr. Street,

dated March 26, 1936.. va

Exhibit 246—Letter from Mr. “Street to Mr. Weigel,

dated March 28, 1936 ..

Exhibit 247—Letter from Collection ‘mew py Mr.

Street, dated March 31, 1936...

JOHN R. COONEY, President of the Firemen’s Insur-

ance Company group .. =

GILBERT KINGAN, Eastern Manager of London and

Lancashire Insurance een and Chief Executive

of affiliated companies...

Exhibit 248—Letter om ‘. Pp. pera to ; fea L.

Haid, dated August 4, 1939... ;

Exhibit 249—Letter from J. P. “Redgers to et ‘

Haid, dated August 4, 1939... RUE:

Exhibit 250—Letter from Mr. Rodgers ne ‘Subscribers’

Actuarial Committee, dated February 18, 1936...

Exhibit 251—Memorandum of March 24, 1936, The In-

surance Company of the State of Pennsylvania...

Exhibit 252—Letter from Mr. Rodgers to Subscribers

Actuarial Committee, dated February 19, 1936___...

xx InpEx I

Vol. Page

ESMOND EWING, Vice President and Secretary of

The Travelers Fire Insurance I etic cece cscs III 26

CLYDE P. SMITH, Secretary of the Hartford Fire In-

surance Company.... rue Ill 30

Exhibit 253—Check of ‘Hartford Fire Insurance Com

pany, dated March 24, 1936, payable to C. R. Street,

Agent, for $25,285.99... III 42

ROBERT D. SAFFORD, Vice President and Assistant

Secretary of The Travelers Fire Insurance Company... III 43

Exhibit 254—Check of The Travelers Fire Insurance

Company, dated May 3, 1935, for $2,000.00, to

Charles R. Street, Chairman Ill 49

(Exhibit 254a see page XXVI.)

Exhibit 255—Memorandum from Robert D. Safford to

Auditor Flynn, dated May 27, 1935 Ill 53

Exhibit 256—Memorandum from Mr. Safford to Mr.

Flynn, dated February 26, 1936. III 56

Exhibit 257—Memorandum from Mr. Safford to Mr.

Flynn, dated March 25, 1936 Ill 59

Exhibit 258—Memoranda, dated March 24, 1936, for

I sac aitatesserelniceaisdclnesoneshgertptonn esenpeacnnsacindse III 62,63

Exhibit 259—Letter from Ewing to Mr. Erskine, dated

SI 7 an oan adecneaemeneeonenenatignpaauatbsirienaranen III 65

Exhibit 260—Letter from Safford to George C. Long,

_ dated May 3, 1935 Ill 70

Exhibit 261—Memorandum prepared sd Alfred Stin-

0 ee III 14

FRANK D. LAYTON, President of the National Fire

Insurance Company group... Ill 75

GEORGE C. LONG, JR., President of the Phoenix In-

surance Company group.. Ms Ill &4

Exhibit 262—Letter im Mr. Bissell po . Mr. ‘ee

dated May 3, 1935... = Ill 90

Exhibit 263—Letter won Mr. ‘Safford pe “Mr. ‘Le

dated May 3, 1935... we Ill 91

Exhibit 264—Letter on. “Mr. Clark, Manager, to

Mr. Long, dated May 3, 1935........... III 92

Exhibit 265—Letter from Alfred Stinson to Mr.

Long, dated May 4, 1935........... III 93

Exhibit 266—Letter from Mr. apy pe Mr. Street,

dated May 4, 1935... nee III 95

Exhibit 267—Photostatic ¢ copy wr teen puny Mr.

Street to Mr. Long, dated May 16, 1935... ae ae 98

Exhibit 269—Photostatic copy of telegram pa c R.

Street to George C. Long, dated May 16, 1935... II 99

InpEx I

Exhibit 268—Photostatic copy of telegram from H. P.

Whitman to C. R. Street, dated May 16, (| ae

Exhibit 270—Copy of letter from Ross McCain to

Mr. Street, dated May 16, 1935...........-----------

Exhibit 271—Photostatic copy of telegram from Mr.

Long to Mr. Street, dated May 16, 1935...

JOHN F. GILLIAMS, Vice President of the Camden

Exhibit 272—Requisition of Camden Fire Insurance

Company, dated March 23, 1936, to C. R. Street,

Agent, for $2,301.59.....------—--------------n nr

Exhibit 273—Check of Camden Fire Insurance Com-

pany, dated March 23, 1936, to C. R. Street,

Agent, for $2,301.59 1 ISR

J. D. SMART, President of the New Hampshire Fire

Insurance Company group.

Exhibit 274—Check of New Hampshire Fire Insurance

Company to C. R. Street, Agent, for $4,652.18, dated

March 21, 1936

Exhibit 275—Memo of telephone conversation from

Paul Haid to J. D. Smart, dated March 21, 1936........

Exhibit 276—Letter from Mr. Swallow to Mr. Haid,

dated March 21, 1936............---------—------------ SA Pas

GEORGE W. SWALLOW, Secretary-Treasurer of the

New Hampshire Fire and Secretary of the Granite

State -

HENRY P. WHITMAN, Vice President of the Phoenix

Insurance Company 8TOUD.........-.------------- crn

JOSEPH K. HOOKER, Vice President of the Auto-

mobile Insurance Company 8TOUDP........-------------------

Exhibit 277—Certificate of Dr. G. Gardiner Russell,

in re Alfred Stinson, dated August 4, 1939.................

Exhibit 278—Check of Automobile Insurance Com-

pany for $3,158.48 to C. R. Street, Agent, dated

March 24, 1936..............-.------- i ae at aes

Exhibit 278a—Check of Automobile Insurance Com-

pany for $3,500.00 to C. R. Street, Agent, dated

May 4, 19386................-------- : “i

Exhibit 278b—Endorsement on check, Exhibit 278.......

Exhibit 278c—Endorsement on check, Exhibit 278a........

Exhibit 279—Check requisition of Automobile Insur-

ance Company of Hartford, to C. R. Street, Chair-

man, dated May 4, 1935, for $3,500.00..............------------ “a

Vol.

Ill

IIL,

pei

Ill

III

Ill

113

114

115

121

122

123

126

127

130

133

137

138

137

138

139

XXII INDEX I

Vol. Page

Exhibit 280—Check requisition of Automobile Insur-

ance Company, to C. R. Street, Agent, dated March

24, 1936, for $3,158.48 Ill 140

Exhibit 281—Voucher No. 42 for check payable to

C. R. Street, Chairman, for $3,500.00, dated May 4,

1935, by Automobile Insurance Company of Hart-

ford; also Voucher No. 221 for check payable to

C. R. Street, Agent, for $3,158.48, dated March 24,

1936, Automobile Insurance Company of Hartford... III 141-142

Exhibit 282—Letter of transmittal from Alfred Stin-

son to George C. Long, dated May 4, 1935............... III 148

Exhibit 283—Memorandum re Total Impounded pre-

miums of Aetna Insurance Company Group to May

1, 1935. III 144

Exhibit 284—Inter-office Communication dated March

24, 1936, from Mr. Hooker to Alfred Stinson... Ill 145

Exhibit 285—Copy of letter from Mr. Hooker to Mr.

Haid, dated March 24, 1936 Ill 146

Exhibit 286—Letter from Mr. Linde to Mr. San,

dated July 15, 1938 III 147-148

Exhibit 287—Sheet No. 39 from Journal of Auto-

mobile Insurance Company, for month of May,

ER as, * Ree eet errr nee te serena eee III 149

Exhibit 288—Sheet No. 46 from Journal of Auto-

mobile Insurance Company, for month of May,

1935 be III 149

Exhibit 289—Sheet entitled “Legal Expense” Account

No. 97, for year 1935, Automobile Insurance Com-

pany - III 149

Exhibit 290—Sheet No. 23 from Journal of hate

mobile Insurance Company, month of March, 1936... III 149

Exhibit 291—Sheet No. 27 from Journal of pure

mobile Insurance Company, month of March, 1936... II 149

Exhibit 292—Sheet entitled “Legal Expense” Ac-

count No. 100, year 1936, Automobile Insurance

Company ———....________._--__-—-___----—---—------—-- III 149

WILLIAM H. TALCOTT, Auditor of Scottish Union and

National Insurance Company.............-.....--..----------------------- III 152

ROBERT J. FOLONIE, of the firm of Hicks & Folonie,

Attorneys for the Insurance Companies. III 156

Exhibit 293—Page No. 14 from Cash Receipts book

of firm of Hicks and Folonie, entitled “Cash Re-

ceipts,” dated May, 1935 Ill 169

Exhibit 294—Page No. 14 from Cash Disbursements

book of firm of Hicks and Folonie, entitled “Cash

Disbursements,” dated May, 1935. Ill 169

INDEX I

Exhibit 296—Statement from C. R. Street to income

tax representatives

Exhibit 295—Check of Phoenix Insurance Company,

payable to R. J. Folonie, Attorney, for $6,500.00,

dated May 4, 1935

Exhibit 297—Check of Pacific Fire Insurance Com-

pany, dated March 24, 1936, payable to R. J. Folonie,

Agent, for $1,602.17

Exhibit 298—Check of Bankers & Shippers Insurance

Company, dated March 24, 1936, payable to R. J.

Folonie, Agent, for $2,060.97

Exhibit 299—Check of New Jersey Insurance Com-

pany, dated March 24, 1936, payable to R. J. Folonie,

Agent, for $1,402.27

Exhibit 300—Check of Sun Insurance Office, dated

March 23, 1936, payable to R. J. Folonie, Agent,

for $3,691.06

Exhibit 301—Letter from C. R. Street to Mr. Folonie,

dated December 28, 1937

A. L. McCORMACK, in the insurance business...

RAY B. DUBOC, President of The Western Fire In-

surance Company

Exhibit 302—Check of The Western Fire Insurance

Company, dated April, 1936, payable to C. R. Street,

Agent, for $1,693.63

Exhibit 303—Letter from C. R. Street to Mr. Duboc,

dated March 30, 1936

Exhibit 304—Statements from Missouri Inspection

Bureau to Western Fire Insurance Company for

assessments for the years 1929-1930.

Exhibit 305—Statements of assessment of Missouri

Inspection Bureau to Western Fire Insurance Com-

pany dated January 2, 1934, October 1, 1933, July

1, 1933, May 1, 1933, April 1, 1933, and Premium

Report to Missouri Inspection Bureau dated March

21, 1933

Exhibit 306—Letter dated September 2, 1931, from

Missouri Inspection Bureau to Western Insurance

Company

RUSSELL D. HOBBS, Recalled

Exhibit 307—Copy of letter from Hicks & Folonie,

dated March 12, 1935, to C. R. Street, Chairman...

G. N. GARDNER, Vice President of the Merchants Fire

Insurance Company of’ Denver...

XXIII

Vol. Page

Ill 179

III 181

III 200

Ill 201

III 202

III 203

Ill 218

Ill 228

III 255

III 258

III 259

III 265-272

III 274-280

III 281-282

III 284

Ill 294

III 297

XXIV InDEx I

Exhibit 308—Check of Merchants Fire Insurance

Company, dated April 8, 1936, to C. R. Street, Agent,

for $669.40_. ...

Exhibit 309—-Remittance Advice, dated April 8, 1936,

to C. R. Street, Agent, for $669.40

Exhibit 310—Copy of letter from Mr. Gardner to

Mr. Street, dated April 1, 1936 3

Exhibit 311—Copy of letter from C. R. Street to Mr.

Jessup, dated April 4, 1936

Exhibit 312—Copy of letter from Mr. Street to Mr.

Gardner, dated April 4, 1936

Exhibit 313—Copy of letter from Mr. Jessup to Mr.

Gardner, dated April 6, 1936 mall

Exhibit 314—Copy of letter from Mr. Gardner to Mr.

Jessup, dated April 8, 1936

Exhibit 315—Copy of letter from Mr. Jessup to Mr.

Gardner, dated April 9, 1936

Exhibit 316—Copy of letter from Cc. R. Street to

A. L. Jessup, dated March 30, 1936 a

Exhibit 317—Copy of letter from Mr. Jessup to Mr.

Street, dated April 2, 1936

Exhibit 318—Copy of letter from Mr. Jessup to Mor-

rison, Nugent, Berger, Byers & Johns, dated August

26, 1939

Exhibit 319—Copy of letter from Mr. Jessup to Mor-

rison, Nugent, Berger, Byers & Johns, dated Sep-

tember 1, 1939. —--—--—--——-—--—-

J. L. PARSONS, President of Crum & Forster............------

Exhibit 320—List of plaintiff companies showing

number of each case and group affiliations..............-.

Ww. R. McCAIN, President of the Aetna Insurance

Company group aie

Exhibit 321—Check of Aetna -nsurance Company,

payable to Charles R. Street, Chairman, for

$5,000.00, May 3, 1935.

Exhibit 322—Check of Aetna Insurance Company,

dated March 23, 1936, to C. R. Street, Agent, for

$6,991.95

Exhibit 323—Memorandum prepared by G. H. Grant,

HAROLD WARNER, President of the Royal Insurance

Company group

Exhibit 324—Memorandum for Journal Entry, dated

June, 1935, Royal Insurance Company....---..---------

Vol. Page

Ill 300

Ill 301

Ill 302

ll 303

Ill 304

Ill 305

Ill 306

Ill 307

Ill 308

lll 308

Ul 309

Il 317

Ill 317

I 327-331

Ill 331

Il 342

Ill 343

ItlI 350

Ill 351

Il 356

* "i, 4 Fer oy

INDEX I

Exhibit 325—Check of Royal Insurance Company,

Ltd., dated March 23, 1936, to C. R. Street, nant

for $12,200.40

PAUL W. TERRY, Manager of the Missouri Inspection

Bureau

HOMER H. BERGER, Attorney for the Insurance

Companies

BERNARD M. CULVER, President of the Continental

Insurance Company group

Exhibit 326—Check requisition of Continental re

surance Company, dated May 2, 1935, for check

to Chas. R. Street, Chairman, for $15,000.00...

Exhibit 327—Check of The Continental Insurance

Company, dated March 21, 1936, to C. R. Street,

Pe EE ee ene

Exhibit 328—Check requisition of The Continental In-

surance Company of New York, dated March 21,

1936, to order of C. R. Street, Agent, for $22,323.12 _

EDWARD WEST ELWELL, President of the Royal Ex-

change Assurance group...............-------.-----

Exhibit 3la—Check of Fire Association of Philadel-

phia, dated April 29, 1936, to C. R. Street, for

$2,929.90 -

Exhibit 31b—Check of nents Insurance Cen

pany, dated April 29, 1936, to C. R. Street, for

$1,221.22

Exhibit 31c—Check of The Reliance ensenee Som.

pany, dated April 29, 1936, to C. R. Street, for

$794.78

Exhibit 31d—Check of The Reliance Insurance pasta

pany, dated April 29, 1936, to C. R. Street, for

79.0 = _____________--__- = ---------

Exhibit 191a—Check of The Alliance Insurance Com-

pany of Philadelphia, dated March 24, 1936, to

C. R. Street, Agent, for $1,077.43_...............-...-----. -

Exhibit 191b—Check of National Security Fire In-

surance Company, dated March 24, 1936, to C. R.

Street, Agent, for $552.19... -.--------------

Exhibit 191c—Check of Philadelphia Fire & Marine

Insurance Company, dated March 24, 1936, to C. R.

Street, Agent, for $2,553.21_..........--------------------—--

Exhibit 41a—Check of Mercury Insurance Company,

dated March 31, 1936, to C. R. Street, — for

QL SGO GG anna nanan aan ann anna name an aan nnn nnneenncnmenencecennn

Vol.

Ill

III

Ill

III

404

410

423

424

425

426

428

429

430

XXVI InvEx I

Vol. Page

Exhibit 4l1b—Check of St. Paul Fire & Marine In-

surance Company, dated March 31, 1936, to C. R.

Street, Agent, for $4,121.75 Ill 431

Exhibit 254a—Check of The Travelers Fire Insurance

Company, dated March 25, 1936, to C. R. Street,

Agent, for $6,738.21 Ill 432

Exhibit 120a—Check of Atlas Assurance Company,

Ltd., dated March 23, 1936, to C. R. Street, Agent,

for $2,159.17 433

Exhibit 95a—Check of National Liberty Insurance

Company of America, Special Account #3, to

Cc. R. Street, Agent, dated March 23, 1936, for

$4,260.39

Exhibit 228a—Check of Boston Insurance Company,

dated March 21, 1936, to C. R. Street, Agent, for

$6,097.15

Exhibit 28a—Check of Fire Association of Philadel-

phia, dated March 18, 1936, to C. R. Street, for

$1,712.82

Exhibit 329—Copy of report of Robert J. Folonie,

Surviving Trustee, and Ernest A. Henne, Successor

Trustee, dated February 24, 1939 437-472

Exhibit 330—Certified copy of Final a of

Aetna vs. O’Malley, December 7, 1935... 474-511

Exhibit 331—Copy of Certificate of Setiataction of

Judgment on January 16, 1936_ 511-512

Exhibit 332—Final Judgment in O’Malley vs. Patriotic

Ins. Co., December 7, 1935 513-515

Exhibit 333—List of plaintiffs not parties to motion

for restitution in Aetna vs. Hyde and not soa

to the judgment of restitution 515-516

Exhibit 334—List of companies that were parties

plaintiff in Aetna vs. Hyde, but were not parties

plaintiff in any of the Federal Court cases. 516-517

JOHN J. CAMPBELL, with the Custodian of Impounded

Funds 519

Exhibit 335—Statement of various accounts taken

from Custodian’s record as of June 30, 1929—

amounts as to each company of the total im-

pounded distribution to the companies, distribution

to the trustees, balance on hand, and amounts re-

turned to Custodian by each company...

CERTIFICATE OF REPORTER, dated September 12,

1939

Stipulation as to checks of Union Fire Insurance Com-

pany and Phoenix Insurance Company m

InpEx II

INDEX Il

Alphabetical Index of Witnesses

ALLEN, GEORGE S., Chief Accountant, Svea Fire &

Life Insurance Company, and Secretary of Hudson

Insurance Company......-

BAKER, R. V. A., General Auditor of Tokio Marine &

Fire Insurance Company

BARBOUR, ROBERT P., United States Manager of

Northern Assurance Company and London and Scot-

tish Assurance Corporation

BARRY, JOHN R., Vice President of Corroon & Reynolds

BELL, GEORGE H., Manager, Western Department,

National Fire Insurance Company and affiliated com-

panies; member Subscribers Actuarial Committee.

BERGER, HOMER H., Attorney for the Insurance Com-

panies

BISSELL, R. M., President of Hartford Fire Insurance

Company group

BOWDEN, LAURENS R., Vice President, Bankers &

Shippers Insurance Company Group

BRADY, WALTER F., Vice President and Secretary of

Merchants Fire Assurance Corporation

BREEN, F. J., President Standard Fire Insurance Com-

pany of New Jersey

BUCK, S. M., former Western Manager of Firemen’s

CAMPBELL, JOHN J., with the Custodian of Impounded

, Se Een eee ae hae

CARTLIDGE, HAROLD T., Deputy United States Man-

ager Royal Insurance Company and affiliated com-

panies

CASHEL, JOHN R., Assistant Manager, Providence

Washington Insurance Company

CASPER, HARRY G., United States Manager of Eagle

Star & British Dominions Insurance Company...

CATLIN, SHELDON, Vice President of Insurance

Company of North America group......

CLARK, HERBERT A., Vice President, Firemen’s Fund

Insurance Company Group; member of Subscribers

Actuarial Committee.......................------------------------

Vol.

a — a |

XXVII

271

249

XXVIII InpEx II

CLARK, ROBERT R., Manager of Caledonian Insurance

Company ed

CLAUSSEN, CARSTEN, Manager Western Department,

London & Lancashire Insurance Company Group...........

COONEY, JOHN R., President of the Firemen’s In-

surance Company Group

CULVER, BERNARD M., President of the Continental

Insurance Company Group

DARLINGTON, HART, Manager of the New York De-

partment of Norwich Union Society Group...

DENT, WILLIAM C., Assistant Secretary, Potomac In-

surance Company.

DOMINICK, FREDERICK M., Assistant Secretary of

Boston Insurance Company Group.

DOSDALL, C. A., Secretary, St. Paul Fire & Marine In-

surance Company, and Mercury Insurance Company

DUBOC, RAY B., President of The Western Fire In-

surance Company.

ELWELL, EDWARD WEST, President of the Royal Ex-

change Assurance Group

EMES, W. H., Comptroller of Continental Insurance

Company Group ~

ERSKINE, J. D., Secretary, Insurance Executives

Association

EWING, ESMOND, Vice President and Secretary of The

Travelers Fire Insurance Company.

FOLONIE, ROBERT J., of the firm of Hicks & Folonie,

Attorneys for the Insurance Companies.

GARDNER, G. N., Vice President of the Merchants Fire

Insurance Company of Denver.

GILLIAMS, JOHN F., Vice President of the Camden

Fire Insurance Company.

GREENE, I. LLOYD, Vice President of Boston Insur-

ance Company Group.

HAID, PAUL L., President, Insurance Executives As-

sociation

HALPRIN, HARRY, Assistant Branch Secretary of Royal

Exchange Group.

HARDING, JOHN C., Vice President, Springfield Fire &

Marine Insurance Compeny Group; member of Sub-

scribers Actuarial Committee

HEDGE, WILLIAM R., President of Boston Insurance

Company and Old Colony Insurance Company..__.

s goose & 8S 8 & ws we & &

INDEX II

HENNE, ERNEST A., Chairman, Subscribers Actuarial

Committee, and Vice President Continental Insur-

ance Company Group

HOBART, BERNARD E., Auditor, Springfield Fire &

Marine Insurance Company Group

HOBBS, RUSSELL D., Secretary, Subscribers Actuarial

Committee ............ sciiakatdeteigial

HOOKER, JOSEPH K., Vice President of the Automobile

Insurance Company Group... nit

HUBBARD, FRED A., former " President ale Globe &

Rutgers Fire Insurance Company, and President Han-

over Fire Insurance Company

IRVINE, T. J., Manager and President of Phoenix As-

surance, Ltd., Group

KINGAN, GILBERT, Eastern Manager of London and

Lancashire Insurance Company and Chief Executive

of affiliated companies

KLINE, S. CLARENCE, Superintendent of Agencies,

Tokio Marine & Fire Insurance Company—__-___--

KOECKERT, F. W., United States Manager Commercial

Union Assurance Company Group; member Sub-

scribers Actuarial Committee

KOENIG, JOHN, Secretary, United States Branch, Royal

Exchange Assurance Group

KOOP, WILLIAM H., President Great American Insur-

ance Company Group

KURTH, WILFRED, Chairman of the Board of Home

Insurance Company and affiliated companies

LANE. O. E., President, Fire Association of Philadelphia

Group

LAYTON, FRANK D., President of the National Fire

Insurance Company Group

LERCH, W. L., cunt of the Underwriters Grain

Association -.......-----

LONG, JR., GEORGE | C., President of the Phoenix In-

surance Company Group

LUCE, F. B., Vice President of the Semnbiien Wash-

ington Insurance Company

MAASEN, F. W., Auditor of London Assurance Cor-

poration Group...

MARTIN, FRANK B., , formerly with Vectaiiee Insur-

ance Company Group ... ieee. 3

xXxXIX

Vol. Page

xxx Invex II

MARTIN, RONALD R., United States Manager Atlas

Insurance Company

McCAIN, W. R., President of the Aetna Insurance Com-

pany Group

McCORMACK, A. L., in the insurance business......... roe

McKOWN, J. C., Secretary, St. Paul Fire & Marine In-

surance Company and Mercury Insurance Company

MOECKEL, LOUIS, Supervisor of the Statistical De-

partment of Continental Insurance Company Group...

MOORE, THOMAS C., Vice President and Manager

Potomac Insurance Company

NOURSE, EVERETT W., United States Manager

London Assurance Corporation Group..................-.--.-

PARSONS, J. L., President of Crum & Forster ..............

PLESSNER, THEODORE, President of Northern

Insurance Company... ¢

POWRIE, A. F., Manager, Western Department, Fire

Association of Philadelphia Group.

REEKIE CHARLES A., Vice President and Secretary,

Detroit Fire & Marine Insurance Company...

REILLY, W. R., Assistant Secretary, Dubuque Fire &

Marine Insurance Company

REMAK, GUSTAVUS, JR., President, Insurance Com-

pany of the State of Pennsylvania

RODGERS, JOHN J. P., Vice President and Treasurer

of Insurance Company of the State of Pennsylvania

SAFFORD, ROBERT D., Vice President and Assistant

Secretary of The Travelers Fire Insurance Company

SCHLESINGER, FRANK A., Treasurer of Springfield

Fire and Marine Insurance Company Group.

SHALLCROSS, CECIL F., United States Manager of

North British & Mercantile Insurance Company

Group

SIEDELL, C. A., Secretary, Stuyvesant Insurance Com-

pany

SMALLEY, FRANK M., President, Glens Falls Insur-

ance Company.

SMART, J. D., President of the New Hampshire Fire

Insurance Company Group.

SMITH, CHARLES H., Assistant General Agent Hartford

Fire Insurance Company and Citizens Insurance

Company; member of Subscribers Actuarial Committee

SMITH, CLYDE P., Secretary of the Hartford Fire

Insurance Company.

Vol. Page

II 1

Ii 331

Ill 228

I 165, 204

Il 305

I 529

II 122

Ill 317

ae 145

I 109

I 212

I 228

II 220

II 225

lll 21-25

Il 43

II 528

II 342

II 28

II 31

mi 115

I 334

ees

Invex II

SOMMERS, PAUL B., amend American Insurance

Company Group... pie Saciaiienanainle

SWALLOW, GEORGE * W., Sentenes -Treasurer of the

New Hampshire Fire, and ae of the Granite

State Fire Insurance Company... es idanee

TALCOTT, WILLIAM H., Auditor of ‘sootties “Union

and National Insurance Company... cacao

TAMBLYN, A. T., President of ciel “Fire Insur-

ance Company (Chicago Fire & Marine and Presi-

dential Fire & Marine)... ae FEI BiG ee

TERRY, PAUL W., Manager of the + ieee i Ingpetion

Bureau . paiineeaes eee

THOMAS, JOHN M., ‘Paiees of 1 National Union Fire

Insurance Company...

TREGASKIS, OSWALD, . United States Manager of Sun

Insurance Office, and President Patriotic Insurance

Company .......--.. ---- :

VAN HORNE, JOHN R., Secretary, " Globe & ; Seon

Insurance Company... a

VREELAND, JOHN H., United States Silene of Scot-

tish Union and National Insurance Company, and

President of American Union Insurance Company...

WALDRON, RAYMOND, Vice President of Detroit Fire

& Marine Insurance Company... so si inevadaaueoniabedes

WARNER, HAROLD, President of the » Royal } Insurance

Company Group

WATERMAN, H. F., Secretary, Agricultural Insur-

ance Company

WEIGEL, ROBERT C., Secretary and Comptroller of

the Rhode Island Insurance Company Group......_..

WEISER, S. F., Secretary, Dubuque. Fire and Marine

Insurance Company and National Reserve Insur-

WHITMAN, HENRY P., Vice President of the Phoenix

Insurance Company Group............-----

WILKINS, HERMAN L., former Secretary and Treasurer

of Importers & Exporters Insurance Company............

WILLIAMS, WALTER D., former President of Security

Insurance Company, and East and West Insurance

Company; member of ——— Actuarial Com-

I iccinncionnnicsinsncencensccmncii

WYATT, HENRY J., Vice President of Crum &

Forster Group.. :

XXXI

Vol. Page

II 131

II 126

III 152

II 299

Ill 372

II 243

Il 16

I 453

II 461

I 206

lil 351

Il 54

Ill 1

I 213

III 127

II 100

I 70

II 162

pany

American Eagle Fire Insurance

Company

American Union Insurance Com-

pany of New York

Atlas Assurance Company, Ltd.

Automobile Insurance Company

of Hartford, Connecticut

Bankers & Shippers Insurance

Company

Boston Insurance Company

British America Assurance Com-

pany

Caledonian Insurance Company

California Insurance Company

Camden Fire Insurance Associa-

tion

Central States Fire Insurance

Company

Chicago Fire and Marine Insur-

ance Company

Citizens Insurance Company

City of New York Insurance Com-

Columbia Fire Insurance Com-

pany

Joseph K. Hooker

Laurens R. Bowden

F. M. Dominick

I. Lloyd Greene

William R. Hedges

Henry J. Wyatt

J. L. Parsons

Robert R. Clark

F. W. Koeckert

John F. Gilliams

George C. Long, Jr.

Henry P. Whitman

A. T. Tamblyn

Charles H. Smith

R. M. Bissell

Clyde P. Smith

Wilfred Kurth

T. J. Irvine

Paul B. Sommers

Br@es

ta]

Se dn See. .

Ha. nBBR «88s San

i=)

_ as?

The Eagle Fire Company of New

York

le Star and British Dominions

Company

East and West Insurance Com-

pany

Equitable Fire and Marine In-

surance Company

Federal Union Insurance Com-

pany

Fidelity Phenix Fire Insurance

Company

Fire Association of Philadelphia

Fireman’s Fund Insurance Com-

pany

Firemen’s Insurance Company

Louis

W. H. Emes

B. M. Culver

William H. Koop

Raymond Waldron

Charles A. Reekie

William H. Koop

S. F. Weiser

W. R. Reilly

Hart Darlington

Harry G. Casper

Walter D. Williams

George C. Long, Jr.

Henry P. Whitman

I 7

Il 84

Il = 127

I 462

I = 351

Il 305

I 326

lt = 397

ia ae

I 363

HI 423, 436

a a

I 249

m6 4

I 20

1 305

Tl 326

mr = 397

-—

I 136

m 865

Girard Fire and Marine Insur-

ance Company

Glens Falls Insurance Company

Globe and Rutgers Fire Insur-

ance Company

Granite State Fire Insurance

Company

Guaranty Fire Insurance Com-

pany of Providence

Hanover Fire Insurance Company

Hartford Fire Insurance Company

Home Fire & Marine Insurance

Company

Home Insurance Company

Hudson Insurance Company

Imperial Assurance Company

Importers and Exporters Insur-

ance Company

Insurance Company of North

America

Insurance Company of the State

of Pennsylvania

Law Union and Rock Insurance

Company, Ltd

Liverpool and London and Globe

Insurance Company, Ltd.

London Assurance Corporation

London and Lancashire Insur-

ance Company, Ltd.

London and Provincial Marine

and General Insurance Com-

pany, Ltd.

London and Scottish Assurance

Corporation, Ltd.

Lumbermen’s Insurance Company

Manhattan Fire and Marine In-

surance Company

Invex III

Name of Witness

Herbert A. Clark

John R. Cooney

Frank M. Smalley

John R. Van Horne

Fred A, Hubbard

J.D. Smart *

George W. Swallow

William H. Koop

Robert C. Weigel

Fred A. Hubbard

Charles H. Smith

R. M. Bissell

Clyde P. Smith

S. M. Buck

Wilfred Kurth

George S. Allen

T. J. Irvine

Herman L. Wilkins

John R. Barry

Sheldon Catlin

Gustavus Remak, Jr.

John J. P. Rodgers

Carsten Claussen

Gilbert Kingan

Harold T. Cartlidge

Harold Warner

Everett W. Nourse

F. A. Maasen

Carsten Claussen

Gilbert Kingan

Frank B. Martin

Robert P. Barbour

A. F. Powrie

O. E. Lane

Everett W. Nourse

F. A. Maasen

William H. Koop

Herbert A. Clark

John R. Cooney

XXXV

Vol. Page

I 249

Ill 14

II 37

I 453

Il 7

Ill 115

Ill 126

I 393

lll 1

II 7

I 334

Il 442

Ill 30

I 231

I 422

II 153

II 200

II 100

Il 117

II 271

II 220

II 225

III 21-25

I 317

III 18

I 462

351

II 122

Il 343

I 317

Ill 18

I 190

I 337

I 109

I 363

III 424

II 122

II 343

I 393

I 249

II 14

XXXVI

Mechanics and Traders Insurance

Company

Merchants Insurance Company

Merchants Fire Assurance Cor-

poration of New York

Merchants Fire Insurance Com-

pany

Mercury Insurance Company

Michigan Fire and Marine In-

surance Company

Milwaukee Mechanics Insurance

Company

Minneapolis Fire and Marine In-

surance Company

National Ben Franklin Fire In-

surance Company

National Fire Insurance Com-

pany of Hartford

National Liberty Insurance Com-

pany of America

National Reserve Insurance Com-

pany

National Security Fire Insurance

Company

National Union Fire Insurance

Company

Newark Fire Insurance Company

New England Fire Insurance

Company

New Hampshire Fire Insurance

Company

New Jersey Insurance Company

New York Underwriters Insur-

ance Company

Niagara Fire Insurance Company

Northern Assurance Company,

Ltd.

Northern Insurance Company

North River Insurance Company

Northwestern Fire and Marine In-

surance Company

Invex III

Name of Witness

H. Bell

D. Layton

Robert C. Weigel

Walter F. Brady

G. N. Gardner

J. C. McKown

C. A. Dosdall

John C. Harding

Bernard E. Hobart

F. A. Schlesinger

Herbert A. Clark

John R. Cooney

George C. Long, Jr.

Henry P. Whitman

Herbert A. Clark

John R. Cooney

George H. Bell

Freak D. Layton

Wilfred Kurth

S. F. Weiser

W. R. Reilly

Sheldon Catlin

John M. Thomas

Harold T. Cartlidge

Harold Warner

John C. Harding

Bernard E. Hobart

F. A. Schlesinger

J. D. Smart

George W. Swallow

Laurens R. Bowden

R. M. Bissell

Clyde P. Smith

E. A. Henne

Louis Moeckel

W. H. Emes

B. M. Culver

Robert P. Barbour

Theodore Plessner

Henry J. Wyatt

J. L. Parsons

R. M. Bissell

Clyde P. Smith

Vol. Page

I 136

Ill 75

Ill 1

I 371

ll 297

I 165, 204

I 168

III 430

I 279

I 300

Il 528

I 249

III 14

Ill 84

Ill 127

I 249

Ill 14

I 136

III 75

I 422

III 434

I 213

I 228

II 271

II 428

II 243

I 462

III 351

San. faa BB sHH

I 337

I 145

I 162

Il 317

It 442

Nl 30

co EL CaaS oe ee

Invex III

Norwich Union Fire Insurance

Society, Ltd.

Old Colony Insurance Company

Orient Insurance Company

Pacific Fire Insurance Company

Palatine Insurance Company, Ltd.

Patriotic Insurance Company of

America

Philadelphia Fire and Marine In-

surance Company

Phoenix Assurance Company, Ltd.

Phoenix Insurance Company

See Stipulation, Vol. III, page 536.

Potomac Insurance Company of

the District of Columbia

Presidential Fire and Marine la-

surance Company

Providence Washington Insurance

Company

Provident Fire Insurance Com-

pany

Queen Insurance Company of

America

Reliance Insurance Company of

Philadelphia

Rhode Island Insurance Company

Royal Exchange Assurance

Royal Insurance Company, Ltd.

Safeguard Insurance Company

St. Paul Fire and Marine Insur-

ance Company

Scottish Union and National In-

surance Company

ty Insurance Company of

New Haven

Sentinel Fire Insurance Company

Springfield Fire Insurance Com-

pany of Connecticut

Standard Fire Insurance Company

of Connecticut

Name of Witness

Hart Darlington

F. M. Dominick

I. Lloyd Greene

William R. Hedges

Carsten Claussen

Gilbert Kingan

Laurens R. Bowden

F. W. Koeckert

Oswald Tregaskis

Sheldon Catlin

T. J. Irvine

George C. Long, Jr.,

Henry P. Whitman

Thomas C. Moore

William C. Dent

A. T. Tamblyn

John R. Cashel

F. B. Luce

John Koenig

Harry Halprin

E. W. Elwell

Harold T. Cartlidge

Harold Warner

A. F. Powrie

O. E. Lane

Robert C. Weigel

John Koenig

Harry Halprin

E. W. Elwell

Harold T. Cartlidge

Harold Warner

Carsten Claussen

Gilbert Kingan

J. C. McKown

C. A. Dosdall

J. H. Vreeland

William H. Talcott

Walter D. Williams

John C. Harding

Bernard E. Hobart

F. A. Schlesinger

John C, Harding

Bernard E. Hobart

F. A. Schlesinger

Joseph K. Hooker

XXXVII

Vol. Page

Il 288

II 490, 510

II 517

I 317

Ill 18

Il 75

I 495

Il 16

Il 271

III 429

Il 200

Ill 84

Ill 127

I 529

II 264

II 299

I 315

Il 519

II 68

Il 93

Ill 415

I 462

Ill 351

I 109

I 363

Til 425

Il 1

II 68

II 93

Ill 415

I 462

III 351

I 317

III 18

I 165-204

I 168

Ill 431

II 461

Til 152

I 70

I 279

I 300

II 528

I 279

I 300

II 528

Ill 130

XXXVIII

Standard Fire Insurance Com-

pany of New Jersey

oy Insurance Company of Amer-

State Assurance Company, Ltd.

Stuyvesant Insurance Company

Sun Insurance Office, Ltd.

Superior Fire Insurance Com-

pany

Svea Fire and Life Insurance

Company

Tokio Marine and Fire Insurance

Company, Ltd.

Transcontinental Insurance Com-

pany

Travelers Fire Insurance Com-

pany

Twin City Fire Insurance Com-

pany

Underwriters Grain Association

Union Assurance Society, Ltd.

Union Fire Insurance Company

tigulation, fiom, Vol

vere? “eo

Company ae Philadelphia

United States Fire Insurance

Company

United States Merchants and

Shippers Insurance Company

Victory Insurance Company

Westchester Fire Insurance Com-

pany

Western Assurance Company

Western Fire Insurance Company

World Fire and Marine Insurance

Company

Yorkshire Insurance Company,

Ltd.

InveEx III

Name of Witness

J. F. Breen

Harold T. Cartlidge

Harold Warner

John Koenig

Hal

E. Ww Bai

C. A. Siedel

Oswald Tregaskis

Herbert A. Clark

John R. Cooney

George S. Allen

S. Clarence Kline

R. V. A. Baker

a H. Bell

D. Layton

nn E

Robert D. ‘ord

R. M. Bissell

Clyde P. Smith

W. L. Lerch

F. W. Koeckert

Everett W. Nourse

F. W. Maasen

T. J. Irvine

Henry J. Wyatt

J. L. Parsons

Henry J. Wyatt

J. L. Parsons

A. F. Powrie

O. E. Lane

Henry J. Wyatt

J. L. Parsons

Henry J. Wyatt

J. L. Parsons

Ray B. Duboc

W. R. McCain

Frank B. Martin

InDEx IV

INDEX IV

Exhibits (Chronologically As to Dates Thereof)

1929-1930

Exhibit 304—Statements from Missouri Inspection

Bureau to Western Fire Insurance Company for

assessments for the years 1929 and ep cstnenie tibetan

SEPTEMBER 2, 1931

Exhibit 306—Letter from Missouri Inspection Bureau

to Western Fire Insurance Company, dated Sep-

tember 2, 1931..........--.. ;

1933-1934

Exhibit 305—Statements from Missouri Inspection Bu-

reau to Western Fire Insurance Company for assess-

ments for the years 1933 and 1934 and premium report

to Missouri Inspection Bureau, dated March 21, 1933

FEBRUARY 8, 1935

Exhibit 16—Extract from Minutes of Meeting of Ac-

tuarial Committee, February 8, 1935............----

MARCH 12, 1935

Exhibit 307—Copy of letter from Hicks & Folonie, dated

March 12, 1935, to C. R. Street, Chairman............----

MARCH 19, 1935

Exhibit 17—Extract from Minutes of Meeting of Ac-

tuarial Committee, March 19, 1935.............------------- ga:

APRIL 30, 1935

Exhibit 26—Extract from Minutes of Meeting of Ac-

tuarial Committee, April 30, 1935...

MAY 1, 1935

Exhibit 205—List of companies in Federal Court cases

showing amounts impounded to May 1, 1935_.........

Exhibit 283—Memorandum re Total Impounded Pre-

miums of Aetna Insurance Company group to May

Be Fi eccerneereenntres os

MAY 2, 1935

Exhibit 5—Check of Continental Insurance Company,

payable to Chas. R. Street, ‘Chairmen, dated May 2,

1935, amount $15,000.00 =

Exhibit 94—Check of Home Insurance Company, dated

May 2, 1935, payable to Chas. R. Street, Chairman,

amount $15,000.00... aie LL caulinonacentee fond

Vol. Page

III 265-272

III 281-282

III 274-280

I 98

It 294

I 98

I 108

II 362-364

Ill 144

I 46

I 428

XL InpEx IV

Exhibit 96—Order by Mr. Kurth for check payable to

C. R. Street, Chairman, dated May 2, 1935, amount

$15,000.00 Se

Exhibit 97—Order for check payable to C. R. Stree

Chairman, dated May 2, 1935, amount $15,000.00...

Exhibit 99—(Plaintiff’s Exhibit 1) Page from Cash Book

of Home Insurance Company dated May 2, 1935

Exhibit 103—Check requisition of Royal Insurance

Company, dated May 2, 1935, payable to C. R. Street,

Chairman, amount $10,000.00 m=

Exhibit 104—Check of Royal Insurance Company, dated

May 2, 1935, payable to C. R. Street, Chairman,

amount $10,000.00.

Exhibit 109—Check of Commercial Union Assurance

Company, dated May 2, 1935, payable to C. R. Street,

Chairman, amount $7,500.00 ee

Exhibit 111—Page from Cash Book of Commercial Union

Assurance Company, dated May 2, 1935

Exhibit 112—Ledger sheet of Commercial Union As-

surance Company, entitled “National and Local

Boards,” dated May 2, 1935 iy

Exhibit 167—Check of Crum & Forster, dated May 2,

1935, payable to Charles R. Street, Chairman, amount

$5,000.00

Exhibit 168—Memorandum dated May 2, 1935, showing

distribution of $5,000.00 among companies of Crum

& Forster Group

Exhibit 169—Carbon copy of check and office voucher of

Crum & Forster, dated May 2, 1935, payable to

Charles R. Street, Chairman, amount $5,000.00

Exhibit 326—Check requisition of Continental Insurance

Company, dated May 2, 1935, payable to Chas. R.

Street, Chairman, for $15,000.00................---------------

MAY 3, 1935

Exhibit 210—Letter from Mr. Clark to Mr. George C.

Long, dated May 3, 1935 :

Exhibit 214—Check of Caledonian Insurance Company,

dated May 3, 1935, payable to Charles R. Street,

Chairman, amount $2,000.00 Pee ee

Exhibit 218—Check of Hartford Fire Insurance Com-

pany, dated May 3, 1935, payable to C. R. Street,

Chairman, amount $10,000.00 4

Exhibit 220—Check of Scottish Union and National

Insurance Company, dated May 3, 1935, payable to

R. J. Folonie, Attorney, amount $4,000.00.

eee’

InpEx IV

Exhibit 221—Receipt of C. R. Street, Chairman, to

Scottish Union & National Insurance Company,

dated May 3, 1935.

Exhibit 254—Check of The Sevens ‘Fire Insurance

Company, dated May 3, 1935, amount $2,000.00, to

Charles R. Street, Chairman .............-----------------------------

Exhibit 260—Letter from Mr. Safford to George C. Long,

dated May 3, 1935.........

Exhibit 262—Letter from Mr. Bissell to Mr. Long,

dated May 3, 1935... SE aeeere

Exhibit 263—Letter oan “Mr. Safford to Mr. ene,

dated May 3, 1935 ...........-----—---—--------------------

Exhibit 264—Letter from Mr. Clark, =e to Mr.

Long, dated May 3, 1935 .. 2

Exhibit 321—Check of poy fampenee Cumpuy.

payable to Charles R. Street, Chairman, amount dosh

000.00, dated May 3, 1935... Pee ne et ccodeeain

MAY 4, 1935

Exhibit 261—Memorandum prepared by Alfred Stin-

son, dated May 4, 1935..

Exhibit 265—Letter from Alfred Stinson to Mr. Lene,

dated May 4, 1935..........-.----—--—-

Exhibit 266—Letter from Mr. Long to Mr. Street, dated

May 4, 1935...

Exhibit o78a—Check of " Automebile Insurance Cun-

pany, payable to C. R. Street, Agent, dated May 4,

1935, amount $3,500.00

Exhibit 278c—Endorsement on Check of " Rutemaiiie

Insurance Company Exhibit 278a_.....

Exhibit 279—Check requisition of Automobile Insurance

Company of Hartford, to Cc. R. Street, Chairman,

dated May 4, 1935, amount $3,500.00...

Exhibit 281—Voucher No. 42 of Autiedlin “Seenounes

Company, for check payable to C. R. Street, Chair-

_man, for $3,500.00, dated May 4, 1938_........—-------

Exhibit 282—Letter of transmittal from “Alfred Stinson

to George C. Long, dated May 4, 1935... i

Exhibit '287—Page No. 39 from Journal of “Autemnetlle

Insurance Company, dated May 4, ,

Exhibit 295—Check of Phoenix Insurance Company,

payable to R. J. Folonie, Attorney, dated May 4, 1935,

amount $6,500.00... wf eee Ene

MAY ‘1935

Exhibit 33—Check of National Fire Insurance Company,

dated May 7, 1935, to Hicks & —- Attorneys,

amount $5,000.00... peso Ae

Vol.

Ill

342

InpDEx IV

MAY 9, 1935

Exhibit 82—Check requisition of Great American In-

surance Company, dated May 9, 1935, payable to

R. J. Folonie, Attorney, amount $10,000.00.

Exhibit 84—Check of Great American Insurance Com-

pany, dated May 9, 1935, payable to R. J. Folonie,

Attorney, amount $10,000.00.

Exhibit 293—Page No. 14 from Cash Receipts book of

firm of Hicks & Folonie, entitled “Cash Receipts,”

dated May 9, 1935.

Exhibit 296—Statement from C. R. Street to Income

Tax representatives relative to $100,000.00_...........--..

MAY 10, 1935

Exhibit 294—Page No. 14 from Cash Disbursements

book of firm of Hicks & Folonie, entitled “Cash Dis-

bursements,” dated May 10, 1935...

MAY 16, 1935

Exhibit 86—Telegram from C. R. Street to Mr. Koop,

dated May 16, 1935.

Exhibit 87—Telegram from W. H. Koop to C. R. Street,

dated May 16, 1935

Exhibit 88—Telegram from Mr. Koop to Street,

dated May 16, 1935. ae

Exhibit 89—Memorandum from Mr. Erskine to Mr.

Koop, dated May 16, 1935

Exhibit 91—Telegram from Mr. Erskine to Mr. Street,

dated May 16, 1935.

Exhibit 217—Copy of telegram from Mr. Street to Mr.

Long, dated May 16, 1935

Exhibit 267—Photostatic copy of telegram from Mr.

Street to Mr. Long, dated May 16, 1935

Exhibit 268—Photostatic copy of telegram from H. P.

Whitman to C. R. Street, dated May 16, 1935

Exhibit 269—Photostatic copy of telegram from C. R.

Street to George C. Long, dated May 16, 1935

Exhibit 270—Copy of letter from Ross McCain to Mr.

Street, dated May 16, 1935

Exhibit 271—Photostatic copy of telegram from Mr.

Long to Mr. Street, dated May 16, 1935

MAY 17, 1935

Exhibit 90—Letter from Mr. Erskine to Mr. Street,

dated May 17, 1935

Exhibit 92—Telegram from Mr. Erskine to Mr. Stree

dated May 17, 1935 eal

InpEx IV

MAY 18, 1935

Exhibit 2—Memorandum Agreement (settlement agree-

ment) dated May 18, 1935, between R. Emmet O’Malley

and Charles R. Street

MAY 23, 1935

Exhibit 93—Telegram from Mr. Street to Mr. Koop,

dated May 23, 1935

MAY 27, 1935

Exhibit 255—Memorandum from Robert D. Safford to

Auditor Flynn, dated May 27, 1935.

MAY, 1935

Exhibit 288—Sheet No. 46 from Journal of Automobile

Insurance Company, for month of May, 1935...

JUNE 12, 1935

Exhibit 115—Circular letter from Missouri Inspection

Bureau to agents, dated June 12, 1935...

JUNE, 1935

Exhibit 324—Memorandum for Journal Entry, dated

June, 1935, Royal Insurance Company...

JULY 9, 1935

Exhibit 18—Extract from Minutes of meeting of

Actuarial Committee, dated July 9, 1935

OCTOBER 1, 1935

Exhibit 19—Extract from Minutes of meeting, Actuarial

Committee, dated October 1, 1935.

NOVEMBER 27, 1935

Exhibit 20—Extract from Minutes of Meeting of Actuarial

Committee, dated November 27, 1935

Exhibit 2l1—Extract from Minutes of Meeting of

Actuarial Committee, dated November 27, 1935

DECEMBER 7, 1935

Exhibit 330—Certified copy of Final Judgment of Aetna

vs. O’Malley, December 7, 1935.......

Exhibit 332—Final Judgment, a” vs. Patriotic In-

surance Company, December 7, 1935...

DECEMBER 18, 1935

Exhibit 198—Memorandum prepared by Mr. Moeckel,

, dated December 18, 1935 :

XLII

Vol. Page

I 27

I 413

Ill 53

III 149

I 530

III 356

I 99

I 101

I 102

I 104

Ill 474-511

III 513-515

Inpex IV

DECEMBER 27, 1935

Exhibit 219—Letter from Mr. Bissell to A. G. Dugan,

dated December 27, 1935.

MISCELLANEOUS YEAR 1935

Exhibit 207—List of Trustees of Insurance Executives

Association in 1935

Exhibit 289—Page entitled “Legal Expense” Account

No. 97, for year 1935, Automobile Insurance Company

JANUARY 16, 1936

Exhibit 331—Copy of Certificate of Satisfaction of

Judgment, dated January 16, 1936.

FEBRUARY 1, 1936

Exhibit 3—Decree dated February 1, 1936, entered in

each cause

FEBRUARY 4, 1936

Exhibit 105—Letter from Subscribers Actuarial Com-

mittee to companies, dated February 4, 1936

FEBRUARY 7, 1936

4—Declaration of Trust dated February 7, 1936,

Exhibit

executed by Charles R. Street and Robert J. Folonie

FEBRUARY 18, 1936

Exhibit 250—Letter from Mr. Rodgers to Subscribers

Actuarial Committee, dated February 18, 1936 ca .

FEBRUARY 19, 1936

Exhibit 252—Letter from Mr. Rodgers to Subscribers

Actuarial Committee, dated February 19, 1936

FEBRUARY 24, 1936

Exhibit 184—Letter of Hicks & Folonie to Mr. Rodgers,

dated February 24, 1936

FEBRUARY 26, 1936

Exhibit 256—Memorandum from Mr. Safford to Mr.

Flynn, dated February 26, 1936

MARCH 9, 1936

Exhibit 35—Letter from C. R. Street and R. J. Folonie,

Trustees, to St. Paul Fire & Marine Insurance Com-

pany, dated March 9, 1936

Exhibit 52—Letter from C. R. Street and R. J. Folonie,

Trustees, to Mr. Clark, dated March 9, 1936

III 511-512

InDEX IV

MARCH 12, 1936

Exhibit 27—Copy of letter from Mr. Powrie to O. E.

Lane, dated March 12, 1936

MARCH 13, 1936

Exhibit 28—Voucher receipt to Fire Association of

Philadelphia by C. R. Street, Chairman, dated March

13, 1936 as

Exhibit 28a—Check of Fire Association of Philadelphia,

dated March 13, 1936, to C. R. Street, for $1,712.82...

Exhibit 29—Letter from Mr. Powrie to C. R. Street, trans-

mitting check for $1,712.82, dated March 13, 1936...

Exhibit 37—Letter to C. R. Street from C. A. Dosdall,

dated March 13, 1936.................................

Exhibit 39—Cancelled check of St. Paul Fire & Marine

Insurance Company, dated March 13, 1936, payable

to C. R. Street and R. J. Folonie, Trustees, amount

$1,483.84

Exhibit 40—Cancelled check of Mercury Insurance Com-

pany, dated March 13, 1936, to C. R. Street and R. J.

Folonie, Trustees, amount $478.94

Exhibit 53—Memorandum from Mr. Clark to Miss Bircher

OI BIS.

MARCH 17, 1936

Exhibit 10—Letter from C. R. Street to Walter D. Wil-

liams, dated March 17, 1936

Exhibit 11—Letter from C. R. Street to Walter D. Wil-

liams, dated March 17, 1936

Exhibit 188—Letter of Mr. Street to Mr. Thomas, dated

March 17, 1936

MARCH 18, 1936

Exhibit 64—Check of Underwriters Grain Association,

dated March 18, 1936, payable to C. R. Street, Agent,

amount $2,070.98..

MARCH 19, 1936

Exhibit 43—Check of Detroit Fire & Marine Insurance

Company, dated March 19, 1936, issued to C. R. Street,

Agent, amount $897.43

Exhibit 65—Letter from C. R. Street to W. L. Lerch,

dated March 19, 1936

MARCH 20, 1936

Exhibit 140—Check of Glens Falls Insurance Company,

dated March 20, 1936, payable to C. R. Street, Agent,

for $2,877.38

XLV

Vol. Page

174

181

310

312

XLVI | ae IV

Exhibit 141—Order for anne to c. R. Street, Agent,

dated March 20, 1936, amount $2,877.38

Exhibit 142—Letter of Glens Falls Insurance Company

to Mr. J. D. Erskine, dated March 20, 1936............--.----

Exhibit 187—Check requisition of National Union Fire

Insurance Company, dated March 20, 1936... ;

MARCH 21, 1936

Exhibit 110—Check of Commercial Union Assurance

Company, dated March 21, 1936, issued to C. R. Street,

Agent, amount $8,281.67

-Exhibit 114—Ledger account entitled. “Legal Expenses”

Commercial Union ‘Assurance Company, dated March

- 21, 1936

Exhibit 143—Check of Agricultural Insurance Compaiiy,

dated March 21, 1936, payable to C. R. Street,

Agent, amount $2,049.89; ee a © R. Street,

Agent

Exhibit 145—Letter of Mr. Waterman to C. R: Street,

dated March 21, 1936

Exhibit 161—Check requisition of American Sapesemee

Company, dated March 21, 1936.

Exhibit 162—Check of American Insurance ‘aon,

dated March 21, 1936, to C. R. Street, amount $9,719.03

Exhibit 170—Check of Crum & Forster, dated March 21,

1936,. to C. R. Street, Agent, amount $6,419.41; also

memorandum prepared by Mr. Haid.

Exhibit 171—Copy of check and office voucher of

.Crum & Forster, dated March 21, 1936, payable to

C. R. Street, Agent, amount $6,419.41

Exhibit 179—Page from Cash Book of Phoenix ~

_ surance Company, dated March 21, 1936... sili

Exhibit 180—Page from Cash Book of Phoenix itp

. surance Comipany, ‘opposite Exhibit 179_. wat

Exhibit 183—Page 177 of Cash. Book ot ‘feewemnee

Company of the State of ieenet mes dated March

21, 1936...

Exhibit 199—Letter of Mr. Swen ‘a “Mr. "Haid, “Metal

March 21, 1936... os

Exhibit 200—Letter ‘a “yy ‘Gin to = “Sie

dated March 21, 1936... :

Exhibit 226—Letter of Mr. ‘Penta: | to te. ‘ten “-,

dated March 21, 1936

Exhibit 228—Letter from Mr. Dominick to Mr. “Haid,

dated March 21, 1936... meee

Exhibit 228a—Check of eaten aunenin: ‘Gneieas.

dated March 21, 1936, to C. R. Street, eitecenal amount

5, eee :

Vol. Page

259

InpEx IV

Exhibit 229—Memoranda prepared ty Mr. Greene,

dated March 21, 1936

Exhibit 274—Check of New Hampshire Fire Insurance

Company to C. R. Street, Agent, amount $4,652.18,

dated March 21, 1936 eae

Exhibit 275—Memorandum of telephone conversation

from Paul L. Haid to J. D. Smart, dated March 21,

1936

Exhibit 276—Letter from Mr. Swallow to Mr. Paul L.

Haid, dated March 21, 1936

Exhibit 327—Check of The Continental Insurance

Company, dated March 21, 1936, to Cc. R. Street,

Agent, amount $22,323 12

Exhibit 328—Check requisition of The Continental In-

surance Company of New York, dated March 21,

1936, to order of C. R. Street, Agent, amount

$22,323.12

MARCH 23, 1936

Exhibit 12—Check issued by Security Insurance Com-

pany, payable to C. R. Street, Agent, dated March

23, 1936, amount $2,960.75

Exhibit 13—Check issued by East and West Insurance

Company, dated March 23, 1936, payable to C. R.

Street, Agent, amount $1,302.56

Exhibit 15—Letter transmitting checks to Mr. C. R.

Street, dated March 23, 1936

Exhibit 70—Memorandum by Mr. Barbour, dated March

23, 1936

Exhibit 71—Check of Northern Assurance Company,

dated March 23, 1936, issued to C. R. Street, Agent,

amount $4,910.48. :

Exhibit 95—Check of Home Insurance Company Special

Account No. 3, dated March 23, 1936, payable to

C. R. Street, Agent, amount $28,682.14

Exhibit 95a—Check of National Liberty Insurance Com-

pany of America, Special Account No. 3, payable to

C. R. Street, Agent, dated March 23, 1936, amount

$4,260.39 _.

Exhibit 98—Order for check to C. R. Street, Agent,

dated March 23, 1936, amount $28,682.14

Exhibit 100—Memorandum from Mr. Van Horne to

George C. Bowers, dated March 23, 1936_............ '

Exhibit 101—Check of Globe & Rutgers Insurance

Company, dated March 23, 1936, payable to C. R.

Street, Agent, amount $2,852.81

Exhibit 102—Check requisition dated March 23, 1936,

to C. R. Street, Agent, amount $2,852.81... a

Vol.

Ill

XLVIII InpEx IV

Exhibit 106—Memorandum as to impoundings Royal

Insurance Company Group, March 23, | Eee

Exhibit 107—Memorandum from Paul L. Haid to Mr.

Warner, March 23, 1936

Exhibit 108—Order for check dated March 23, 1936,

payable to C. R. Street, Agent, amount $12,200.40

Exhibit 120a—Check of Atlas Assurance Company,

Ltd., dated March 23, 1936, to C. R. Street, Agent,

for $2,159.17

Exhibit 121—Check Hanover Fire Insurance Company,

dated March 23, 1936, payable to R. J. Folonie, Agent,

for $4,116.48

Exhibit 122—Letter from Vice President of Hanover Fire

Insurance Company to C. R. Street, Trustee, dated

March 23, 1936.

Exhibit 123—Letter from Mr. Coffill to Mr. Nelson, dated

March 23, 1936 =

Exhibit 136—Check requisition, Patriotic Insurance

Company, to R. J. Folonie, Agent, dated March 23,

1936, amount $249.31

Exhibit 137—Check of Patriotic Insurance Company,

dated March 23, 1936, payable to R. J. Folonie, Agent,

amount $249.31

Exhibit 138—Check requisition by Sun Insurance Office,

payable to R. J. Folonie, Agent, dated March 23,

1936, amount $3,591.06

Exhibit 139—Check of Stuyvesant Insurance Company,

dated March 23, 1936, payable to C. R. Street, amount

$1,171.41

Exhibit 144—Letter from C. R. Street to Mr. Waterman,

dated March 23, 1936 i

Exhibit 154—Check of Royal Exchange Assurance

dated March 23, 1936, to C. R. Street, for $6,385.31...

Exhibit 160—Check of London Assurence dated March

23, 1936, to Charles R. Street, Agent, for $3,493.96...

Exhibit 164—Check of Northern Insurance Company,

dated March 23, 1936, to C. R. Street, Agent, for

$3,639.20 -

Exhibit 175—Check of Phoenix Assurance Company

Ltd., of London, dated March 23, 1936, to C. R.

Street, Agent, for $5,226.18

Exhibit 176—Memorandum showing proration of pay-

ment borne by each member of the group-—...........---

Exhibit 177—Memorandum prepared by Mr. Irvine,

dated March 23, 1936..............-----------

Exhibit 178—Letter of Mr. Cunningham to Mr. Erskine,

dated March 23, 1936 ........------------------------ RAL. a ee:

InpEx IV

Exhibit 186—Check of National Union Fire Insurance

Company, dated March 23, 1936, payable to Charles

R. Street, Agent, for $4,019.00.

Exhibit 189—Letter from Mr. Thomas to Mr. Street

dated March 23, 1936.

Exhibit 193—Check requisition of Norwich Union Fire

Insurance Society, dated March 23, 1936

Exhibit 194—Check of Norwich Union Fire Insur-

ance Society, dated March 23, 1936, to C. R. Street,

Agent, for $2,201.37

Exhibit 195—Check requisition of Eagle Fire Company

of New York, dated March 23, 1936.

Exhibit 196—Check of Eagle Fire Insurance Company,

dated March 23, 1936, payable to C. R. Street, Agent,

amount $896.60.

Exhibit 236—Letter from Treasurer to Paul L. Haid,

dated March 23, 1936

Exhibit 239—Check of Springfield Fire & Marine Insur-

ance Company, dated March 23, 1936, to C. R. Street,

Agent, for $15,821.52

Exhibit 272—Requisition of Camden Fire Insurance Com-

pany, dated March 23, 1936, to C. R. Street, Agent,

for $2,301.59

Exhibit 273—Check of Camden Fire Insurance Company,

dated March 23, 1936, to C. R. Street, Agent, for

(bl 2

Exhibit 300—Check of Sun Insurance Office, dated March

23, 1936, payable to R. J. Folonie, Agent, for $3,691.06

Exhibit 322—Check of Aetna Insurance Company, dated

March 23, 1936, to C. R. Street, Agent, amount $6,991.95

Exhibit 323—Memorandum prepared by G. H. Grant,

Secretary

Exhibit 325—Check of Royal Insurance Company, Ltd.,

dated March 23, 1936, payable to C. R. Street, Agent,

amount $12,200.40 ....... ses alation; VoL LiL, page 636.

MARCH 2%, 1936

Exhibit 44—Memorandum by Mr. S. F. Weiser, dated

March 24, 1936........

Exhibit 45—Copy of letter from H. C. Clark to S. F.

Weiser, dated March 24, 1936...........

Exhibit 48—Office Memorandum from W. L. Leonard

to Mr. Buck, dated March 24, 1936

Exhibit 54—Memorandum from Mr. Clark to Miss

Bircher, dated March 24, 1936

xXLIx

Vol. Page

II 246

II 249

II 292

II 293

II 294

II 295

II §39

II 541

III 113

Ill 114

Ill 203

Ill 343

Ill 350

Ill 365

I 217

I 220

I 234

I 266

L INDEX IV

Exhibit 63—Letter from F. A. Schlesinger to John C.

Harding, dated March 24, 1936

Exhibit 238—Same as Exhibit 63.

Exhibit 66—Check of London & Lancashire Insur-

ance Company, dated March 24, 1936, payable to C. R.

Street, Agent, for $3,752.55

Exhibit 67—Check of Orient Insurance Company, dated

March 24, 1936, payable to C. R. Street, Agent, for

$3,506.24

Exhibit 68—Check of Safeguard Insurance Cuneo,

dated March 24, 1936, payable to C. R. Street, Agent,

amount $495.38...

Exhibit 69—Check of Law, Union & Rock ‘enusanee

Company, dated March 24, 1936, payable to C. R.

Street, Agent, for $1,307.63

Exhibit 72—Check of London & Scottish heme

Corporation, dated March 24, 1936, payable to Northern

Assurance Company, Ltd., amount $673.33...

Exhibit 76—Check of Standard Fire Insurance Company,

dated March 24, 1936, payable to C. R. Street, Agent,

amount $2,891.02

Exhibit 78—Page 116 of Cash Book of Standard Fire In-

surance Company of New Jersey, dated March 24,

1936

Exhibit 83—Check requisition, Great American Insur-

ance Company, issued toe C. R. Street, — dated

March 24, 1936, amount $5,997.00 _.

Exhibit 117—Check of Potomac leewenee ‘Commun,

dated March 24, 1936, payable to C. R. Street, Agent,

for $2,450.74

Exhibit 118—Photostatic copy of Memorandum from files

of Potomac Insurance Company, dated March 24,

1936

Exhibit 119—Requisition for check, Potomac Insurance

Company, dated March 24, 1936, to C. R. Street, Agent,

amount $2,450.74. AEE IID SE ER ALLE BY, PEER

Exhibit 120—Letter from Mr. Barry to Mr. Schoen, dated

March 24, 1936..

Exhibit 147—Check of Pacific Fire taswanee Company,

dated March 24, 1936, to R. J. Folonie, — amount

SES

Exhibit 148—Check of ‘Bebe & Siow Seenenes

Company, dated March 24, 1936, to R. J. Folonie,

Agent, amount $2,060.97... :

Exhibit 149—Check of Sew Sacer incense -

pany, dated March 24, 1936, — to R. J. WP beacon

Agent, amount $1,402.27... ed

Vol. Page

I 294-295

323

324

325

326

361

390

393

INDEX IV

Exhibit 150—Check Requisition of Pacific Fire Insurance

Company, to R. J. Folonie, dated March 24, 1936_...

Exhibit 152—Request for check of New Jersey Insurance

Company, dated March 24, 1936

Exhibit 153—Journal page of Pacific Fire Insurance Com-

pany, entitled “Missouri Impound Custodian,” dated

March 24, 1936..

Exhibit 157—Check of Eagle Star & British Dominions

Insurance Company, dated March 24, 1936, to C. R.

Street, Agent, amount $1,028.57.

Exhibit 158—Voucher of Eagle Star & British Dominions

Insurance Company, dated March 24, 1936

Exhibit 159—Page 252 from Cash Book of Eagle Star

& British Dominions Insurance Company, dated

March 24, 1936

Exhibit 173—Requisition of Yorkshire Insurance Com-

pany, dated March 24, 1936, to C. R. Street, Agent,

amount $2,455.62.

Exhibit 174—Check of Yorkshire Insurance Company,

Ltd., dated March 24, 1936, to C. R. Street, Agent,

for $2,455.62

Exhibit 182—Check of Insurance Company of the State

of Pennsylvania, dated March 24, 1936, to C. R.

Street, Agent, amount $1,876.68.

Exhibit 190—Disbursement Voucher of Jnsurance Com-

pany of North America, dated March 24, 1936

Exhibit 191—Check of Insurance Company of North

America, dated March 24, 1936, to C. R. Street,

Agent, amount $8,903.39

Exhibit 19la—Check of The Alliance Insurance Com-

pany of Philadelphia, dated March 24, 1936, to C. R.

Street, Agent, amount $1,077.43

Exhibit 191b—Check of National Security Fire Insur-

ance Company, dated March 24, 1936, payable to

C. R. Street, Agent, for $552.19

Exhibit 191c—Check of Philadelphia Fire & Marine “a

surance Company, dated March 24, 1936, payable to

C. R. Street, Agent, amount $2,553.21

Exhibit 192—Page from Cash Book of the Alliance In-

surance Company, dated March 24, 1936

Exhibit 233—Check of Providence Washington Insur-

ance Company, dated March 24, 1936, to C. R. Street,

Agent, amount $2,186.72

Exhibit 237—Memorandum of March 24, 1936, showing

5% of Impoundings Springfield Fire group...

Exhibit 251—Memorandum of March 24, 1936, The ~

surance Company of the State of Pennsylvania...

LII InDEx IV

Exhibit 253—Check of Hartford Fire Insurance Com-

pany, dated March 24, 1936, payable to C. R. Street,

Agent, amount $25,285.99

Exhibit 258—Memoranda, dated March 24, 1936, for

Mr. Ewing

Exhibit 278—Check of Automobile Insurance Company,

payable to C. R. Street, Agent, dated March 24, 1936,

amount $3,158.48

Exhibit 278b—Endorsement on check of Automobile In-

surance Company, Exhibit 278...

Exhibit 280—Check requisition of Automobile Insur-

ance Company, to C. R. Street, Agent, dated March

24, 1936, amount $3,158.48

Exhibit 281—Voucher No. 221 for check payable to C.

R. Street, Agent, for $3,158.48, dated March 24, 1936,

Automobile Insurance Company of Hartford...

Exhibit 284—Inter-office communication dated March 24,

1936, from Mr. Hooker to Mr. Alfred Stinson

Exhibit 285—Copy of letter from Mr. Hooker to Mr. Haid,

dated March 24, 1936 aes

Exhibit 290—Page No. 23 from Journal of Automobile

Insurance Company, dated March 24, 1936

Exhibit 297—Check of Pacific Fire Insurance Company,

dated March 24, 1936, payable to R. J. Folonie, Agent,

for $1,602.17-..

Exhibit 298—Check of Bankers & Shippers Insurance

Company, dated March 24, 1936, payable to R. J.

Folonie, Agent, amount $2,060.97

Exhibit 299—Check of New Jersey Insurance Company,

dated March 24, 1936, payable to R. J. Folonie, Agent,

for $1,402.217......._—_-—+ Ssidicippeiee ”

MARCH 25, 1936

Exhibit 46—Check of Dubuque Fire & Marine Insur-

ance Company, dated March 25, 1936, payable to C. R.

Street, Agent, amount $2,910.02... ---------an----nneenseenseereneee

Exhibit 47—Check of National Reserve Insurance Com-

pany, dated March 25, 1936, payable to C. R. Street,

Agent, amount GOTG 0G anne nnc an ennenneenn cen enen reenecrcentnenernennnnee

Exhibit 55—Check of Concordia Fire Insurance Com-

pany, dated March 25, 1936, payable to C. R. Street,

Agent, amount GOGO. BA an eae n anne cennenereevene renner

Exhibit 56—Check of Firemen’s Insurance Company,

dated March 25, 1936, payable to C. R. Street, Agent,

amount $6,162.33

Exhibit 57—Check of Girard Fire and Marine Insur-

ance Company, dated March 25, 1936, issued to C. R.

Street, Agent, amount $1,820.25

141-142

145

146

InDEx IV

Exhibit 58—Check of Mechanics Insurance Company of

Philadelphia, dated March 25, 1936, payable to C. R.

Street, Agent, amount $387.17

Exhibit 59—Check of Milwaukee Mechanics’ Insurance

Company, dated March 25, 1936, payable to C. R.

Street, Agent, amount $3,387.72 . ‘

Exhibit 60—Check of National-Ben Franklin Fire new

ance Company, dated March 25, 1936, payable to C. R.

Street, Agent, amount $1,359.93

Exhibit 61—Check of Superior Fire Insurance Company,

dated March 25, 1936, payable to C. R. Street, Agent,

amount $1,015.21

Exhibit 73—Memorandum by Mr. Brady, dated March

25, 1936

Exhibit 74—Check of Merchants Fire Assurance Cor-

poration, dated March 25, 1936, sii to C. R. Street,

Agent, amount $3,012.99... is (SR ree

Exhibit 75—Page 125 of the ‘Genuesi ‘Cash Book of

Merchants Fire Assurance Corporation, dated March

25, 1936

Exhibit 85—Check of Great American Insurance Com-

pany, dated March 25, 1936, payable to C. R. Street,

Agent, amount $5,997.00

Exhibit 124—Letter from Mr. Nelson to Mr. Coffill, dated

March 25, 1936

Exhibit 151—Memorandum of Receipt of New Jersey In-

surance Company, dated March 25, 1936

Exhibit 155—Page from disbursement records of Royal

Exchange Assurance, dated March 25, 1936

Exhibit 156—Check of Importers & Exporters Insur-

ance Company, dated March 25, 1936, payable to C. R.

Street, Agent, for amount $2,482.25

Exhibit 172—Check of Tokio Marine & Fire Insurance

Company, dated March 25, 1936, to C. R. Street, Agent,

for $1,792.86

Exhibit 227—Receipt of C. R. Street to Old Colony In-

surance Company, dated March 25, 1936

Exhibit 227a—Receipt of C. R. Street to Boston Insur-

ance Company, dated March 25, 1936...

Exhibit 254a—Check of The Travelers Fire Insurance

Company, dated March 25, 1936, to C. R. Street,

Agent, amount $6,738.21. ol

Exhibit 257—Memorandum from Mr. - Safford to Mr.

Flynn, dated March 25, 1936................ SEE aa ot i Se

Exhibit 259—Letter from Mr. oe! to Mr. Erskine,

dated March 25, 1936 -

LIII

Vol. Page

271

_ ome

InpEx IV

MARCH 26, 1936

Exhibit 62—Inter-Office communication from B. E. Hobart

to George B. Bulkley, dated March 2 See

Exhibit 241—Check of Rhode Island Insurance Com-

pany to C. R. Street, Agent, dated March 26, 1935,

amount $2,938.42.

Exhibit 243—Requisition for check for $2,938.42, pay-

able to C. R. Street, Agent, March, 1936...

Exhibit 244—Letter from Mr. Weigel to Mr. Street, dated

March 26, 1936.

Exhibit 245—Letter from Mr. Weigel to Mr. Street,

dated March 26, 1936

MARCH 27, 1936

Exhibit 34—Check National Fire Insurance Company,

dated March 27, 1936, payable to C. R. Street, Agent,

amount $13,655.11

Exhibit 49—Carbon Copy of letter from Mr. Buck to Mr.

C. R. Street, dated March 27, 1936

Exhibit 50—Check of Home Fire & Marine Insurance

Company, dated March 27, 1936, payable to Cc &

Street, Agent, amount $5,739.21

Exhibit 51—Check of Firemen’s Fund Insurance Com-

pany, dated March 27, 1936, issued to C. R. Street,

Agent, for $5,739.21 we

Exhibit 222—Check of American Union Insurance Com-

pany, dated March 27, 1936, to C. R. Street, Agent,

for $1,257.42

Exhibit 223—Check of Scottish Union & National In-

surance Company, dated March 27, 1936, to cK Re.

Street, Agent, for $414.50

MARCH 28, 1936

Exhibit 246—Letter from Mr. Street to Mr. Weigel,

dated March 28, 1936.

MARCH 30, 1936

Exhibit 38—Letter to J. C. McKown from C. R. Street,

dated March 30, 1936 :

Exhibit 201—Letter of Mr. Swan to Mr. Jones, dated

March 30, 1936

Exhibit 303—Letter from C. R. Street to Mr. Duboc,

dated March 30, 1936

Exhibit 316—Copy of letter from C. R. Street to A. L.

Jessup, dated March 30, 1936

Vol. Page

Ill

InpEXx IV

MARCH 31, 1936

Exhibit 36—Disbursement Voucher of Mercury In-

surance Company, dated March 31, 1936, and pencil

memorandum from C. R. Street

Exhibit 4la—Check of Mercury Insurance Company,

dated March 31, 1936, to C. R. Street, Agent, for

$1,330.35

Exhibit 41b—Check of St. Paul Fire & Marine Insur-

ance Company, dated March 31, 1936, payable to

C. R. Street, Agent, for $4,121.75

Exhibit 146—Letter of Charles R. Street to Royal Ex-

change Assurance, dated March 31, 1936...............-........

Exhibit 181—Page from General Ledger entitled “Ac-

count Missouri Impounded Premium Adj. Acc’t”

Phoenix Assurance, dated March 31, 1936_...................

Exhibit 240—Receipt from C. R. Street, Agent, to Mr.

Bulkley, dated March 31, 1936

Exhibit 242—Check of Merchants Insurance Company of

Providence, dated March 31, 1936, to C. R. Street,

Agent, amount $1,010.90...

Exhibit 247—Letter from Collection Manager to Mr.

Street, dated March 31, 1936

MARCH, 1936

Exhibit 113—Page 249 from Cash Book for month of

March, 1936, Commercial Union Assurance Company...

Exhibit 125—Page 313 of the Agency Remittances for

month of March, 1936, for Hanover Fire Insurance

Company

Exhibit 126—Page from Agency Remittances for month

of March, 1936, for Hanover Fire Insurance Company

Exhibit 127—Page from Cash Book of Hanover Fire

Insurance Company for month of March, 1936...

Exhibit 128—Page from General Cash Book, Western

Department, Hanover Fire Insurance Company, month

of March, 1936............

Exihbit 129—Page from General Cash Book, Western

Department, Hanover Fire Insurance Company, month

of March, 1936...

Exhibit 130—Page oon General Cash Book, Hanover

Fire Insurance Company, March, 1936...

Exhibit 132—Page from General Cash Book, ‘Westem

Department, Hanover Fire Insurance — month

of March, 1936...

Exhibit 135—Monthly Report, Western ‘Depanent,

Hanover Fire Insurance a: month of hearin

ye Se

Vol. Page

I 172

Ill 430

Ill 431

II 714

Il 209

II 542

II 5

Ill 10

I 528

II 15

Il 15

II 15

LVI InDEXx IV

Exhibit 163—Check requisition of Columbia Fire In-

surance Company, month of March, 1936...

Exhibit 291—Sheet No. 27 from Journal of Automobile

Insurance Company, month of March, 1936

APRIL 1, 1936

Exhibit 41—Letter from C. A. Dosdall to CR. Street,

dated April 1, 1936

Exhibit 202—Letter of Mr. Jones to Mr. Swan, dated

April 1, 1936

Exhibit 310—Copy of letter from Mr. Gardner to Mr.

Street, dated April 1, 1936

APRIL 2, 1936

Exhibit 42—Letter from C. R. Street to C. A. Dosdall,

dated April 2, 1936

Exhibit 165—Check of Svea Fire & Life Insurance

Company, dated April 2, 1936, to C. R. Street, Agent,

amount $647.91

Exhibit 166—Check of Hudson Insurance Company,

dated April 2, 1936, to C. R. Street, Agent, for $615.66

Exhibit 317—Copy of letter from Mr. Jessup to Mr.

Street, dated April 2, 1936

Stipulation, Vol. Lil, page 38.

aprit £f936

Exhibit 311—Copy of letter from C. R. Street to Mr.

Jessup, dated April 4, 1936

Exhibit 312—Copy of letter from Mr. Street to Mr.

Gardner, dated April 4, 1936.

APRIL 6, 1936

Exhibit 313—Copy of letter from Mr. Jessup to Mr.

Gardner, dated April 6, 1936

APRIL 8, 1936

Exhibit 22—Extract from Minutes of Meeting of Ac-

tuarial Committee, dated April 8, 1936

Exhibit 308—Check of Merchants Fire Insurance Com-

pany, dated April 8, 1936, to C. R. Street, Agent,

amount $669.40.

Exhibit 309—Remittance Advice, dated April 8, 1936, to

C. R. Street, Agent, amount $669.40

Exhibit 314—Copy of letter from Mr. Gardner to Mr.

Jessup, dated April 8, 1936

APRIL 9, 1936

Exhibit 315—Copy of letter from Mr. Jessup to Mr.

Gardner, dated Apri} 9, 1936 :

III

Ill

INDEX IV

APRIL 13, 1936

Exhibit 231—Receipt from Mr. Street to Mr. Dominick,

dated April 13, 1936

APRIL 15, 1936

Exhibit 197—Check of Lincoln Fire Insurance Com-

pany, dated April 15, 1936, to C. R. Street, Agent,

for $694.52.

APRIL 16, 1936

Exhibit 6—Letter from Mr. Culver, President, Con-

tinental Insurance Company, to Mr. = Vice

President, dated April 16, 1936...

APRIL 20, 1936

Exhibit 7—Letter from Mr. Jones to Mr. Culver,

President Continental Insurance Company, dated April

20, 1936

Exhibit 203—Letter from Mr. Jones to Mr. Culver, dated

Ps SES ee

APRIL 27, 1936

Exhibit 30—Letter from Charles R. Street to Mr.

A. F. Powrie, dated April 27, 1936...

APRIL 29, 1936

Exhibit 31—Letter from Mr. Powrie to C. R. Street,

dated April 29, 1936, transmitting check, for $5,425.59

Exhibit 3la—Check of Fire Association of Philadelphia,

dated April 29, 1936, to C. R. Street, amount $2,929.90

Exhibit 3lb—Check of Lumbermen’s Insurance Com-

pany, dated April 29, 1936, to C. R. Street, amount

$1,221.22

Exhibit 3lc—Check of The Reliance Insurance Com-

pany, dated April 29, 1936, to C. R. Street, for $794.78

Exhibit 31d—Check of The Reliance Insurance Com-

pany, dated April 29, 1936, to C. R. Street, for $479.69

APRIL, 1936

Exhibit 302—Check of The Western Fire Insurance

Company, dated April, 1936, payable to C. R. Street,

Agent, for $1,693.63.......

JUNE 4, 1936

Exhibit 230—Letter from Mr. Dominick to Mr. Street,

dated June 4, 1936...

LVII

Vol. Page

II 512

II 301

I 51

I 53

II 340

I 131

I 125

III 423

Ill 424

III 425

Ill 426

III 258

II 510

InDEXx IV

JUNE 5, 1936

Exhibit 23—Extract from Minutes of Meeting Ac-

tuarial Committee, dated June 5, 1936

JUNE 8, 1936

Exhibit 232—Letter from Mr. Street to Mr. Dominick,

dated June 8, 1936.

JUNE 30, 1936

Exhibit 225b—Carbon copy of page from report of Mis-

souri Impounded Premiums as of June 30, 1936...

JUNE, 1936

Exhibit 79—Page 65 of the Journal of Standard Fire

Insurance Company, dated June, 1936.

JULY 10, 1936

Exhibit 225a—Carbon copy of letter from Claussen,

Manager, to General Manager, London & Lancashire

Insurance Company, dated July 10, 1936

JULY 24, 1936

Exhibit 225c—Memorandum letter from Home Office

of London & Lancashire Insurance Company Manager,

Chicage, dated July 24, 1936

SEPTEMBER 25, 1936

Exhibit 8—Memorandum of C. R. Street, addressed to

the Governing Committee, dated September 25, 1936...

OCTOBER 23, 1936

Exhibit 24—Extract from Minutes of Meeting of Ac-

tuarial Committee, dated October 23, 1936

OCTOBER 29, 1936

Exhibit 9—Inter-Office communication between Bert

R. Jones, Assistant Auditor, and William H. Emes,

Auditor, dated October 29, 1936

NOVEMBER 9, 1936

Exhibit 14—Letter from C. R. Street to Mr. Powrie,

dated November 9, 1936

Exhibit 32—Letter from C. R. Street to A. F. Powrie,

dated November 9, 1936 (original of Exhibit 14)...

NOVEMBER 19, 1936

Exhibit 211—Carbon copy of letter from chief ac-

countant, Caledonian Insurance Company to Mr.

Street, dated November 19, 1936

Inpex IV

NOVEMBER 23, 1936

Exhibit 212—Letter of Mr. Street to Mr. Clark, dated

November 23, 1936

NOVEMBER 25, 1936

Exhibit 213—Letter from Mr. Clark to Mr. Street,

dated November 25, 1936

Exhibit 215—Check of Caledonian Insurance eines

dated November 25, 1936, to C. R.. Street, for $495.50

Exhibit 216—Receipt of C. R. Street, yoo to

Caledonian’ Insurance Company, amount $495:50

. DECEMBER 8, 1936

. Exhibit 25—Extract from’ Minutes of. ‘Meeting «* of Ac-

tuarial Committee, dated December 8, , 1936...

YEAR 1936

’ Exhibit 80—Ledger page éntitled ‘Missouri Supounded

Premiums Held by Trustee—Expenses” Standard Fire

Insurance Company of New. Jersey, 1936.....

Exhibit 208—List of Trustees. of Insurance Executives

Association for year 1936. . ue

Exhibit 292—Sheet entitled “Legal ipente” Account

No. 100, year 1936, Automobile Insurance Company...

SEPTEMBER 21, 1937

Exhibit 224—Letter to Scottish Union & National

Insurance Company from Internal Revenue —

dated September 21, 1937... mae. “tah ae

Exhibit 224a—Report of Internal Revenue | Agent en+

closed with Exhibit 224. = Ee oS eolaadiaeite

_. . DECEMBER 28, 1937 |

Exhibit 301—Letter from C. R. Street to Mr. viene

dated December 28, 1937. a ree

JULY 15, 1938

Exhibit 286—Letter from Mr. Linde to Mr. hensunds dated

July 15, 1938. a a iptoctaaonrin

FEBRUARY 24, 1939

Exhibit 329—Report of Robert J. Folonie, insite

Trustee, and Ernest A. Henne, Syeseases Trustee,

dated reaouaey 24, 1939... aise Ge "

MARCH 20, 1939

Exhibit 185—Circular’ letter: of Insurance Executives

Association, dated March 20, 1939. a elec

LIx

Vol. Page

II 428

III 147-148

III 437-472

Lx InpEx IV

JUNE 30, 1939

Exhibit 335—Statement of various accounts taken from

Custodian’s record as of June 30, 1939—amounts as

to each company of the total impounded distribution

to the companies; distribution to the Trustees; balance

on hand; amount returned to custodian by each

company

AUGUST 1, 1939

Exhibit 225—Letter from C. Claussen to Homer H.

Berger, dated August 1, 1939

AUGUST 3, 1939

Exhibit 234—Certificate of Frederick B. Sweet in re

George G. Bulkley, dated August B= —O——

Exhibit 235—Affidavit of George G. Bulkley, dated

August 3, 1939

AUGUST 4, 1939

Exhibit 248—Letter from J. P. Rodgers to Paul L. Haid,

dated August 4, 1939

Exhibit 249—Letter from J. P. Rodgers to Paul L. Haid,

dated August 4, 1939

Exhibit 277—Certificate of Dr. G. Gardiner Russell, in

re Alfred Stinson, dated August 4, 1939

AUGUST 26, 1939

Exhibit 318—Copy of letter from Mr. Jessup to Morrison,

Nugent, Berger, Byers & Johns, dated August 26,

We cnn

SEPTEMBER 1, 1939

Exhibit 319—Copy of letter from Mr. Jessup to Morrison,

Nugent, Berger, Byers & Johns, dated September 1,

Se. sone

SEPTEMBER 12, 1939

Certificate of Reporter, dated September 12, 1999.......

MISCELLANEOUS

Exhibit 1—List of cases pending.

Exhibit 77—Memorandum showing impoundings and

amount of check of Standard Fire Insurance Com-

pany of New Jersey.

Exhibit 81—Ledger page entitled “Legal Expenses”

Standard Fire Insurance Company Years 1936-1938...

Exhibit 133—Page from Ledger of Hanover Fire In-

surance Company, entitled “Home Office” Years 1936,

1937 and 1938.

Vol. Page

Ill 523-531

I 330

530

531

mi 21

mi 22

Ill 133

Il 309

Ill 317

Ill 535

I 9

I 392

I 393

InDEX IV

Exhibit 134—Page from Ledger of Hanover Fire Insur-

ance Company, entitled “Legal Expenses,” Years

1935-36

Exhibit 204—Extract from Articles of Association of

Insurance Executives Association, showing purposes

Exhibit 206—List of companies arranged as to groups,

showing 11% payment total impounded vaiend

and 5% of impounded premiums

Exhibit 209—List of companies in Missouri Rate Case in

Federal Court not affiliated with Insurance Executives

Association

Exhibit 320—List of plaintiff companies showing number

of each case and group affiliations

Exhibit 333—List of plaintiffs not parties to motion for

restitution in Aetna vs. Hyde and not parties to the

judgment of restitution

Exhibit 334—List of companies that were parties plain-

tiff in Aetna vs. Hyde, but were not — —

in any of the Federal Court cases . ie

LXI

Vol. Page

II 15

II 360

II 366-370

II 408

III 327-331

III 515-516

III 516-517

Bistrict Court of the United States

FOR THE WESTERN DISTRICT OF MISSOURI.

CENTRAL DIVISION.

IN EQUITY.

No. 270

{and other pending cases 270 to 426 excepting those dismissed).

AMERICAN INSURANCE COMPANY, A CORPORATION,

PLAINTIFF,

VS.

RAY B. LUCAS (SUCCESSOR IN OFFICE TO R. E. O’MALLEY,

SUCCESSOR IN OFFICE TO JOSEPH B. THOMPSON), SUPER-

INTENDENT OF THE INSURANCE DEPARTMENT OF THE STATE

OF MISSOURI, AND ROY McKITTRICK (SUCCESSOR IN OFFICE

TO STRATTON SHARTEL), ATTORNEY GENERAL OF THE

STATE OF MISSOURI, DEFENDANTS.

TRANSCRIPT OF TESTIMONY BEFORE SPECIAL

MASTER.

Be It Remembered, that pursuant to an order of the

District Court of the United States for the Western Dis-

trict of Missouri, Central Division, made on the 3rd day

of July, 1939, at Kansas City, Missouri, appointing the

Honorable Paul Barnett as Special Master to take tes-

timony, the above entitled cause came on regularly for

hearing before the said Honorable Paul Barnett, Special

Master, at ten o’clock a. m. of Thursday, July 27, 1939,

in the office of the Western Underwriters Association,

1039 Insurance Exchange Building, in the City of Chicago,

County of Cook, and State of Illinois.

The Plaintiffs were represented by Messrs. William

Marshall Bullitt of Louisville, Kentucky, and Homer H.

Berger, of the firm of Morrison, Nugent, Berger, Byers

and Johns, of Kansas City, Missouri, their attorneys.

APPEARANCES—OFFERS

The Superintendent of the Insurance Department of

the State of Missouri was present in person and repre-

sented by Judge Charles L. Henson and Messrs. Frank

Hollingsworth and Lawrence Holmen.

(The Special Master announced that under the pro-

visions of the order appointing him as said Special Mas-

ter, he had, on July 11, 1939, appointed Emily F. Miles

to report the proceedings had in said matter.)

Whereupon, the following proceedings were had and

entered of record:

Mr. Berger: I would like to make a suggestion,

when you offer your testimony, that you indicate in

which one of the cases it is offered. As I understand

it, you are taking hearings in 137 cases simultaneously?

The Special Master: I am going to take it in all the

cases. I am only going to hear it in all cases. If there

is any evidence that is only applicable to one case, that

can later be pointed out.

Mr. Berger: That is what I thought. It should be

indicated whether the evidence is being offered in al! of

the cases or whether it is being offered in an individual

case.

Mr. Hollingsworth: I do not think it should be so

indicated. We would prefer—

The Special Master: I would prefer that you would

offer your testimony in all of the cases, then when you

get ready to file your suggestions, you are at liberty to

point out that all this evidence would not be applicable

to this or that or the other case.

Mr. Berger: Then we would not be in a position to

object at such time.

The Special Master: Not at all. You would point it

out. It ought not to be any trouble in the world, after

the evidence is in, to be able to isolate it if it is isolated.

Mr. Berger: My point is that I did not think all

companies should be bound by the testimony of the exec-

utive of another company in which they have no con-

nection.

Mr. Bullitt: If they want to offer it they are en-

titled to offer it.

(Whereupon, discussion was had off the record.)

The Special Master: We do not have time to sepa-

rate the evidence in advance. We might have several

hearings if we did it that way. There will be no trouble

in getting up a report and isolating the evidence and

making it applicable to the proper case, and every insur-

Russe._t D. Hospsps—DIREcT 3

ance company knows that the evidence offered is going

in if it is applicable to any company, and he has a

perfect right to claim it is not applicable to him after it

gets in, if that is true.

Mr. Berger: That is the way I thought it would be,

but I thought it ought to be definitely determined.

The Special Master: We would never get through

within the time allotted if it were not handled in that

manner.

Defendants’ Case.

Whereupon, the defendants, to sustain the issues in

their behalf, offered testimony, oral and documentary,

and made admissions as follows:

RUSSELL D. HOBBS, being produced, sworn and ex-

amined as a witness on behalf of the defendants,

testified as follows:

Direct Examination by Judge Henson.

Q.1. I wish you would state your name to the ste-

nographer. A. Russell D. Hobbs.

Q@.2. Where do you live, Mr. Hobbs? A. Chicago.

Q.2. What is your position with the Subscribers’

Actuarial Committee? A. I am secretary.

Q.4. You are secretary at this time? A. Yes, sir.

Q.5. Were you secretary in 1935? A. From Sep-

tember on.

Q.6. From September, 1935, until this time? A.

Until this time.

Q.7. Who was your predecessor? A. J. V. Parker.

Q.8. Is he living? A. He is not.

Q.9. Now, I will get you, if you will, to name the

members of the Subscribers’ Actuarial Committee.

Mr. Berger: You mean at the present time?

Judge Henson: Yes, sir; first, I will ask for the pres-

ent time.

A. George H. Bell, S. M. Buck, H. A. Clark, J. C.

Harding, E. A. Henne, F. W. Koeckert, W. F. Robertson

and C. H. Smith.

Q.10. Is W. D. Williams a member? A. Not at the

present time. That is the present membership of the

committee.

Q.11. Now, will you name the members of the Ac-

tuarial Committee during the first six months of the

year 1935?

4 Russet, D. Hosss—Drirect

The Special Master: Judge Henson, I do not know

whether you have this information in advance. Do you

have this information in advance?

Judge Henson: No.

The Special Master: Do you have lists that you

could spare?

Mr. Berger: Yes, I gave you that.

A. I can prepare them.

The Special Master: Here is what I have in mind.

Mr. Berger: I gave you a letter from Mr. Henne

that gave you a list.

The Special Master: Here is what I have in mind,

Judge: When a man gets ready to summarize testi-

mony, when he comes to lists, he just does it like that,

and when he comes to this oral testimony from which

you can make a list, he has to spend some time on it.

If you have those lists and ask him, was that the list, etc.,

it will just go like that, you see.

Mr. Bullitt: I think they have all of that.

Judge Henson: We have.

The Special Master: That is just a suggestion.

Mr. Bullitt: We gave him a list of all of the execu-

tives of every kind, and we have given them everything.

The Special Master: Things that are tabulated, that

can be handled very rapidly.

Judge Henson: Then I guess that is what this (in-

dicating) must be.

Q.12. (By Judge Henson) I will show you a 4

which I find I have here, and ask you if that is the list

of the Subscribers’ Actuarial Committee during the first

half of the year 1935. A. It is, with the exception of

the last three names.

Q.13. The last three names, W. P. Robertson, C. H.

Smith and S. M. Buck were not members during the year

1935? A. That is correct.

Q.14. All right.

Mr. Berger: In addition to that, Mr. Street.

Judge Henson: Yes, in addition to that, C. R. Street.

A. Mr. Street’s name is on the list.

Mr. Berger: Yes, that is right.

The Special Master: It does not serve his purpose.

Q.15. (By Judge Henson) Who were the officers of

this committee in 1935, the first half of the year? Who

was chairman? A. The chairman was Mr. C. R. Street.

The secretary was Mr. J. V. Parker.

Te ee

B'<”

a BES atria =

S tae Fin a a

Ct ETE RE CTE ee

alt tate

a at as

RussE_t D. Hopps—DIREcT 5

Q.16. How is this committee selected or composed?

A. This committee is selected by the subscribers to the

rating bureaus.

Q.17. Go right ahead. A. They are elected at the

semiannual meetings of the subscribers.

Q.18. By that you mean subscribers of the rating

bureau? A. The rating bureau, yes.

Q.19. Well, how are the subscribers of the rating

bureau selected and determined? A. They voluntarily,

for their own purposes, subscribe to the rating bureau.

The subscribers are the insurance companies.

Q.20. By “insurance companies” you mean fire in-

surance companies? A. Fire insurance companies.

Q.21. Companies doing fire insurance business.

Then no one can belong either to the rating bureau or

the other unless they are a member of the fire insurance

companies? A. Anyone can belong if they need the

services of the bureau. If they have use for the serv-

ices, the bureaus are open to their subscription.

Q.22. It wouldn’t be needed by anybody except a

fire insurance company, however? A. There are some

instances of casualty companies belonging to the bureaus

because of the requirements of the statute relating to

automobile business.

Q.23. Now, then, getting to the Subscribers’ Actu-

arial Committee in 1935, were there any members of

that committee who were not engaged in fire insurance

business or connected with fire insurance companies?

A. There were not.

The Special Master: Just state what the connec-

tion of the various men was.

A. Mr. Street was vice-president of the Great

American Insurance Company, Mr. Williams was vice-

president of the Security Insurance Company of New

Haven. I am not sure whether at that time he was

president or not, but he might have been during the

latter part of the year. Mr. G. H. Bell was manager of

the Western Department of the National Fire Insurance

Company. Mr. E. A. Henne was vice-president in charge

of the Western Department of the Continental Insurance

Company. Mr. F. W. Koeckert was United States man-

ager of the Commercial Union Assurance Company, Ltd.

Mr. H. A. Clark was vice-president of the Firemen’s In-

surance Company of Newark, New Jersey. John C. Har-

ding was vice-president of the Springfield Fire and Marine

Insurance Company. Now, these same gentlemen—there

6 Russet, D. Hossps—Direcr

were other companies in these groups. I have given

you one company of the group. They held similar po-

sitions for other companies.

The Special Master: Anybody in their fleet?

A. In their fleet, yes.

Q.24. (By Judge Henson) What was the object of

the Subscribers’ Actuarial Committee? What do they

do? A. In order to answer that question, I think I will

have to give you as briefly as possible the story of the

formation of the committee, which will, I think, explain

its object more clearly than I can state it any other way.

This committee was formed in 1915 for the purpose

of working out the details of changing the term rule.

By that I mean the method of writing insurance for

more than one year at a reduced multiple of the annual

rate. Prior to that time the three year policy was writ-

ten for two annuals for three years. The stand-

ardized term rule which this committee was formed

to supervise changed that to two and a half an-

nuals for three years. That upset the rating con-

ditions in most states and required a great deal of study

and work to put that into effect so as to be fair to the

public and to the companies. In most instances there

was a reduction in the annual rate when it was put into

effect so that the three year rate would be the same.

When the committee started in that work they soon found

that the machinery for handling their machinery was

cumbersome and unwieldy. There was « committee of

managing underwriters for each state ts whom the man-

ager of the bureau looked for advice on his problems, and

there were fourteen such committees, which meant that

this Subscribers’ Committee would have to deal with

fourteen separate committees to try to get a quorum for

meetings, and it was unworkable. The individual state

committees were abandoned, and the Subscribers’ Com-

mittee was given the task, in addition to the term rule,

of supervising the activities of the bureaus with par-

ticular reference to their administrative problems and

their financial problems. There was a feeling that by

so doing that the entire operations in which the com-

panies had a common interest could be more economically

handled. As that work developed, the committee being

the only committee representing the common interests

of all companies subscribing to these bureaus, all prob-

lems relating to those bureaus were referred to the com-

mittee. Until along in 1921 the committee was then

RusseLt D. Hopps—DIREcT 7

looked upon as the committee to whom the companies

would go with their problems affecting the bureaus in

any individual state, and the bureau manager would go

to the committee. Now, there is no constitution or by-

laws or rules governing the duties and obligations of

this committee. They are all members of these bureaus

themselves and they represent the other companies.

Some committee must do that work and this committee

through the passage of time has been given more and

more work because it represented all interests. Now,

does that give you the picture?

Q.25. Yes, I think so. Then by common consent

this matter of term rate and fire insurance rates was

delegated through the bureau to this actuarial commit-

tee? A. That is true.

Q.26. Did this actuarial committee have charge of

the Missouri rate litigation that was pending or known

as the sixteen and two-thirds per cent increase? A. It

Q.27. Did you have meetings regarding that during

the pendency of the suits? A. We did.

Q.28. Did you make records of your meetings? A.

Yes. These meetings were not held, I think without

exception, for that purpose alone, but to consider various

matters before the committee, and the secretary has

kept a record, largely for his guidance, as to what tran-

spired at those meetings, and what needed to be done, so

far as the secretary was concerned, the secretary being

the man who handled the detail of the work.

Q.29. Now, having charge of this Missouri rate liti-

gation, did the committee employ counsel for the com-

panies? A. It did.

Q.30. Were these counsel engaged for all of the

companies that were engaged in that litigation? A. Yes.

Judge Henson: And if you could furnish me a list

of this 137—

Mr. Berger (Interrupting): The 137 companies?

Judge Henson: Yes, if there is some way we can

agree on it.

Mr. Berger: That is the current list.

Judge Henson: Well, then, shall we start exhibits?

If that is really in the lawsuit, I hate to encumber it.

_ Q31. I show you a list of the companies remain-

ing in the Missouri rate litigation in the federal cases

at the time the litigation was settled, and ask you if

that is a correct list of the companies. A. I don’t know.

8 Russet, D. Hopps—DrirectT

Mr. Berger: I think we can agree that is the cor-

rect list of the pending cases.

Judge Henson: All right. Those are the pending

cases, if your admission will go that way.

(Whereupon, discussion was had off the record.)

Mr. Berger: That is a list of the cases that is at-

tached to the order of the Court.

The Special Master: As a matter of law, you are

correct. To know what that means, I would have to

look up as many appointments as there are, and per-

sonally, I don’t know.

Judge Henson: Let’s just mark this as a con-

venience.

The Special Master: It is a convenience.

Mr. Berger: That is a copy of the list that was at-

tached to the Court’s order appointing you in this case.

The Special Master: I understand, but I haven’t

that. I only have a printed copy that has no such list

attached.

Judge Henson: We will mark it, Your Honor.

(Said list, handed to the reporter, was marked for

identification as ‘Defendants’ Exhibit 1, EFM.”)

Judge Henson: Now, if I understand you, you agree

that Defendants’ Exhibit 1 is the list of the—

Mr. Berger: That is a list of the cases.

Judge Henson: The list of the cases involved, nam-

ing the companies.

Mr. Berger: This Defendants’ Exhibit 1 is a list of

the cases that were pending at the time the final decree

was entered February 1, 1936. Each company is an in-

dividual plaintiff, except as in the case No. 383 where the

plaintiffs are the Phoenix Insurance Company, the

Minneapolis Fire and Marine Insurance Company and

Central States are the three besides the named plaintiff

here, the Phoenix Insurance Company.

Judge Henson: I wish to introduce Exhibit 1, with

the admission made.

(Which said Defendants’ Exhibit 1, so offered in evi-

dence, having been previously duly marked, is in words

and figures as follows: )

DEFENDANTS’ EXHIBIT 1

“DEFENDANTS’ EXHIBIT 1.

Court

Number

271 Agricultural Insurance Com-

pany vs. Ray B. Lucas, et al.

273 Aetna Insurance Company vs. -

274 The Alliance Insurance Com-

pany vs. %

275 American Alliance Insurance

Company vs.

276 American Central Insurance

Company vs. “

277 American Eagle Fire Insur-

ance Company vs. “y

279 American Union Insurance

Company of New York vs.

280 Atlas Assurance Company,

Ltd. vs.

281 Automobile Insurance Com-

pany of Hartford, Con-

necticut

282 Bankers and Shippers Insur-

ance Company

283 Boston Insurance Company

284 British America Assurance

Company

286 Caledonian Insurance Com-

pany

288 California Insurance Company

289 Camden Fire Insurance

Association

292 Chicago Fire and Marine In-

surance Company

293 Citizens Insurance Company

294 City of New York Insur-

ance Company

295 Columbia Insurance Com-

pany (New Jersey)

296 Columbia Fire Insurance

Company

10 DEFENDANTS’ ExursirT 1

Court

Number

297 Commerce Insurance Com-

pany vs. Ray B. Lucas, et al.

298 Commercial Union Assur-

ance Company, Ltd. vs. =

299 Commercial Union Fire Ins.

Co vs. a

301 Concordia Fire Insurance

Company of Milwaukee vs. "

302 Connecticut Fire Insurance

Company vs. "

303 Continental Insurance Cum-

vs. =

pany

304 County Fire Insurance Com-

pany of Philadelphia vs. -

305 Detroit Fire and Marine In-

surance Company vs. "

306 Dubuque Fire and Marine In-

surance Company. vs. ”

307 The Eagle Fire Company of

New York vs. 7

308 Eagle Star and British Do-

minions Insurance Com-

pany vs.

309 East and West Insurance

Company vs. .

310 Equitable Fire and Ma-

rine Insurance Company vs. *

312 Federal Union Insurance

Company vs. -

313 Fidelity Phenix Fire Insur-

ance Company vs. .

314 Fire Association of Philadel-

phia vs. -

315 Fireman’s Fund Insurance

Company vs. a

316 Firemen’s Insurance Com-

pany vs. 7

317 First American Fire Insur-

ance Company vs. -

318 Franklin Fire Insurance

Company of Philadelphia vs. -

DEFENDANTS’ ExuHrsiT 1

Court

Number

319 Franklin National Insur-

ance Company vs. Ray B. Lucas, et al.

320 Girard Fire and Marine

Insurance Company vs. 4“

321 Glens Falls Insurance Com-

pany vs.

322 Globe and Rutgers Fire In-

surance Company vs.

323 Granite State Fire Insurance

Company vs.

324 Great American Insurance

Company vs.

325 Guaranty Fire Insurance Com-

pany of Providence vs.

326 The Hanover Fire Insurance

Company vs.

327 Hartford Fire Insurance Com-

pany vs.

328 The Home Insurance Com-

pany

329 Home Fire and Marine In-

surance Company

330 Hudson Insurance Company

331 Imperial Assurance Com-

pany

332 Importers and Exporters In-

surance Company

334 Insurance Company of North

America

335 Insurance Company of the

State of Pennsylvania

336 The Law Union and Rock In-

surance Company, Ltd.

338 Liverpool and London and

Globe Insurance Company,

Ltd.

339 The London Assurance Cor-

poration

340 London and Lancashire In-

surance Company, Ltd.

12 DEFENDANTS’ EXHIBIT 1

Court

Number

341 London and Provincial Ma-

rine and General Ins. Co.

Ltd. vs. Ray B. Lucas, et al.

342 London and Scottish Assur-

ance Corporation, Ltd. vs.

343 Lumbermen’s Insurance Com-

pany vs. -

344 Manhattan Fire and Marine

Insurance Company vs. ms

345 Massachusetts Fire and Ma-

rine Insurance Company vs. -

346 Mechanics Insurance Com-

pany of Philadelphia vs. "

347 Merchants Insurance Com-

pany vs. -

348 Merchants Fire Assurance

Corporation of New York vs. "

349 Merchants Fire Insurance

Company vs. ws

350 Mercury Insurance Company vs. es

351 Michigan Fire and Marine

Insurance Company vs. “

352 Milwaukee Mechanics Insur-

ance Company vs. 7

354 National Ben Franklin Fire

Insurance Company vs. ™

355 National Fire Insurance

Company of Hartford vs. is

356 National Liberty Insurance

Company of America vs. *

357 National Reserve Insurance

Company vs.

358 National Security Fire Insur-

ance Company vs. .

359 National Union Fire Insur-

ance Company a, a

361 The Newark Fire Insurance

Company vs. r

362 New England Fire Insurance

Company vs. ?

DEFENDANTS’ ExHIBIT 1

Court

Number

363 New Hampshire Fire Insur-

ance Company vs. Ray B. Lucas, et al.

364 New Jersey Insurance Com-

pany vs. 7

366 New York Underwriters In-

surance Company vs.

367 Niagara Fire Insurance Com-

pany vs.

369 The Northern Assurance

Company, Ltd. vs.

370 Northern Insurance Com-

pany vs.

371 North River Insurance Com-

pany vs.

372 Northwestern Fire and Marine

Insurance Company vs.

374 Norwich Union Fire Insur-

ance Society, Ltd. vs.

375 Old Colony Insurance Com-

pany vs.

376 Orient Insurance Company _ vs.

377 Pacific Fire Insurance Com-

pany vs.

378 Palatine Insurance Company,

Ltd. vs.

379 Patriotic Insurance Company

of America vs.

381 Philadelphia Fire and Ma-

rine Insurance Company vs.

382 Phoenix Assurance Com-

pany, Ltd. vs.

383 The Phoenix Insurance Com-

pany, et al vs.

383 Presidential Fire and Marine

Insurance Company vs.

386 Providence Washington In-

surance Company vs.

387 Provident Fire Insurance

Company vs.

389 Queen Insurance Company

of America vs.

14 DEFENDANTS’ EXHIBIT 1

Court

Number

390 Reliance Insurance Company

of Philadelphia vs. Ray B. Lucas, et al.

391 Rhode Island Insurance

Company vs. .

392 Royal Exchange Assurance vs. ss

393 Royal Insurance Company,

Ltd. vs. -

394 Safeguard Insurance Com-

pany vs. “2

395 St. Paul Fire and Marine In-

surance Company vs. -

396 Scottish Union and National

Insurance Company vs. .

397 Security Insurance Com-

pany of New Haven vs. ™

398 Sentinel Fire Insurance

Company vs. “3

399 Springfield Fire and Marine

Insurance Company vs. -

400 Standard Fire Insurance

Company of Connecticut vs. x

401 Standard Fire Insurance

Company of New Jersey vs.

402 Star Insurance Company of

America vs. =

403 The State Assurance Com-

pany, Ltd. vs. -

404 Stuyvesant Insurance Com-

pany vs. ”

405 Sun Insurance Office, Ltd. vs. a

406 Superior Fire Insurance

Company vs. -

407 Svea Fire and Life Insurance

Company The ”

408 Tokio Marine and Fire Insur-

ance Company, Ltd. vs. -

409 Transcontinental Insurance

Company vs. ”

410 The Travelers Fire Insurance

Co. vs. =

DEFENDANTS’ Exuisir 1—Hosss—DIREcT

Court

Number

411 Twin City Fire Insurance

Company vs. Ray B. Lucas, et al.

412 Union Assurance Society,

Ltd. vs. *

413 Union Fire Insurance Com-

pany vs. os

414 United Firemen’s Insurance

Company of Philadelphia vs "

415 United States Fire Insurance

Co. vs. "

416 United States Merchants and

Shippers Insurance Com-

pany vs. a

418 Victory Insurance Company vs. ‘

419 Westchester Fire Insurance

Company vs. “

420 Western Assurance Com-

pany vs. '

422 The World Fire and Ma-

rine Insurance Company vs. .

423 Yorkshire Insurance Com-

pany, Ltd. vs. "

425 Mechanics and Traders Com-

pany vs. 7

426 Potomac Insurance Company

of the District of Colum-

bia” vs. "

Q.32. (By Judge Henson) Who were the lawyers

engaged for the companies for this Missouri rate litiga-

tion’ A. At what time?

Q.33. At the time of its inception when the com-

panies entered their individual suits in federal court. A.

Mr. R. J. Folonie. I am not sure whether it was Mr.

Homer Berger or Mr. Morrison, but it was one or the

other or both.

Q.34. All right. Now, you are aware of the fact

that that litigation was settled? A. I am.

Q.35. When did you get word that it was settled

with reference to the time it was supposed to have been

settled? A. I don’t know the dates at all when the

AOL ALLE LESLIE LEIS TEAL LLL NALA LEASE ALR

16 RussE_, D. Hopps—DrIrReEctT

settlement agreement was signed. It is my recollection

that advices were sent to all interested companies of

. that fact either through the secretary’s office or through

the Missouri Inspection Bureau.

Q.36. Well, as a matter of fact, this information of

the settlement was sent to all of the companies? A.

That is my recollection.

Q.37. Including the companies that are engaged

here? A. I don’t remember the date.

Q.38. Now, how soon, apparently, after it was set-

tled, did you learn of it? A. Well, it was undoubtedly

very shortly after it was signed.

Q.39. You were a member of the committee in 1935,

weren’t you? A. I was not.

Q.40. Did you have any connection at all with

the committee? A. Yes, I was Mr. Parker’s assistant

and had been his assistant and had worked very closely

with him on all these matters during all of this time.

Q.41. Which member of the Actuarial Committee

did most of the work and most of the supervision of that

litigation? A. Mr. Street.

Q.42. By that you mean Mr. C. R. Street? A. Mr.

C. R. Street.

Q.43. Do you know of any activity of any other

members than Mr. Street in that litigation? A. No

other than the fact that periodically Mr. Street made a

rather brief summary of what was going on, based on

the reports he had received from the attorneys from time

to time.

Q.44. Now, did he make those reports in writing?

A. No.

Q.45. When the settlement came up and it was re-

ported to the committee, was any record made in the

committee’s minutes about the settlement of this Mis-

souri case? A. There was not.

Q.46. A few months later the federal court entered

a decree distributing the money. You are familiar, of

course, with the terms of that decree? A. Yes.

Q.47. Was that information promptly given to the

companies? A. It was.

Q.48. And by “the companies” you mean the plain-

tiff companies in this litigation here? A. Yes.

Q.49. Did Mr. Street report to that committee that

he had early in May, 1935, gathered up $100,500.00 from

some fourteen companies to use in accomplishing this

settlement? A. He did not.

Russe_t D. Hospps—DrIReEctT 17

Q.50. Did he make any such report to the commit-

tee? A. He did not.

Q.51. He didn’t tell you anything about it? A. He

did not.

Q.52. Did your committee receive that $100,500.00?

A. It did not.

Q.53. Now, in the distribution shortly after the

court decree—that would be March and in April, 1936—

did Mr. Street report to your committee that he had col-

lected $330,000.00 or upwards? A. He did not.

Q.54. 5 per cent from each of the companies? A. He

did not.

Q.55. Did you know that 5 per cent of the im-

pounded funds of all these companies was paid to Mr.

Street? A. No, I did not. I received a telephone call

sometime about that time from one company—lI don’t re-

member the name of the company now—stating that they

had a request from Mr. Street for the payment of a check

for expenses in connection with the litigation, and asked

me if 1 could explain it to them, and I told them it was

the first I had heard of it and that if they wanted any

information about it they could go to Mr. Street. If

he had requested it, he could undoubtedly explain all of

the details. Now, there may have been one other com-

pany inquired, but other than that, that is the only

knowledge I had of the fact that any money had been

requested by Mr. Street from the companies.

Q.56. These inquiries from companies to you, were

those who couldn’t understand why they were receiv-

ing 11 per cent of their impoundments back and asking a

return of 5 per cent?

Mr. Bullitt: Wait a minute. Mr. Commissioner, Mr.

Henson is assuming all sorts of facts in his questions.

The Special Master: I know that.

Mr. Bullitt: And I think he should ask just what

happened, but I do not think we ought to have this record

show all kinds of assumptions stated in his questions.

He can just tell. I do not want to make any technical

objections but he ought to say what happened.

The Special Master: That would be very, very seri-

ous and very, very damaging if we had a jury, but I

quite clearly understand that he has not proved it or even

attempted to prove it.

Mr. Bullitt: I do not want to keep interrupting.

The Special Master: For fear I might have to lay a

foundation in New York to come back, I will let you—

18 Russet, D. Hopps—DIReEcT

Mr. Bullitt (Interrupting): I wish he would just

ask what happened and we will give him every fact and

every document and everything in the world, but he ought

not to put into his questions assumptions.

The Special Master: That is perfectly true, but

I do not think you need to worry that I am misled to

think that has any tendency to prove the things.

Judge Henson: I do not even fancy that the Court

here would be deceived by it. If it was before a jury—

Mr. Bullitt (Interrupting): But you-are too old a

practitioner not to know better.

Q.57. (By Judge Henson) Now, Mr. Hobbs, then

the first time that you knew anything about any 5 per

cent being collected back from the insurance companies

was when at least two insurance companies phoned to you

something about it? A. They phoned me.

Q.58. Yes, sir. You don’t have any letters from

them that you can produce? A. I have none.

Q.59. Then you heard from them before you got the

information from Mr. Street? A. I never got the infor-

mation from Mr. Street.

Q.60. Never did get the information from Mr. Street?

A. I never did get it.

Q.61. Did you make inquiry of Mr. Street then after

you had these conversations? A. I did not.

Q.62. Why didn’t you do that? A. Did you know

Mr. Street?

Q.63. No, I didn’t know him. A. Well, in my capac-

ity as secretary or as assistant or in my capacity as Mr.

Parker’s assistant, I was not in the habit of asking Mr.

Street questions. Mr. Street told me what he wanted

me to know, and he was the type of man that you were

not inclined to ever give him the chance to tell you that

that was his business. I had known Mr. Street for a good

many years and had worked with him a good many years

and I let Mr. Street tell me what he felt I should know on

any problem that came up.

Q.64. Do you know any member of the Actuarial

Committee to whom Mr. Street gave the information that

he was collecting this 5 per cent from the companies? A.

I do not.

Q.65. Has any member of the committee told you

that he was advised of that? If so, give us the names.

A. I have, in company with Mr. Berger in the last week,

discussed some of these problems with some of the

Russet, D. Hopss—DIREcT 19

gentlemen who have been called upon to come here, and

that is the only conversation I have ever had with any of

them regarding this 5 per cent.

Q.66. Now, when you got this information that they

were collecting this 5 per cent, you say you knew better

than to ask Mr. Street anything about it? A. Well, I

wouldn’t say that I knew better. I just simply said that I

wouldn’t inquire.

Q.67. All right, I am not trying to take undue time

on that. Tell me if you told any other member of the

Actuarial Committee what you had just learned? A. I

did not.

Q.68. Then you never discussed with any member of

the Actuarial Committee anything about this 5 per cent?

A. Or anyone else.

Q.69. Was any sum of that money, that 5 per cent,

collected by Mr. Street, reported to the Actuarial Com-

mittee and a record made? A. It was not.

Q.70. Did the Actuarial Committee itself get any of

that money so far as you know or the records show?

A. It did not.

Q.71. The employment of the lawyers, was that by

contract or letter or anything in writing—I mean by that

the lawyers who were to represent the companies in

bringing these suits? A. So far as my knowledge goes,

there was no contract or no letter. It was verbal. Mr

Folonie had represented the companies; I think his prac-

tice was very largely in connection with fire insurance

companies for a number of years, and it is customary in

uestions of that kind to discuss the problem and tell

. Folonie or whoever the attorney would be to handle

the situation.

Q.72. Did Mr. Folonie or Mr. Berger or Mr. Mor-

rison make any demand upon your committee for fees

anywhere in the early days or the first half of the month

of May, 1935, and before the compromise is alleged to

have been signed? A. I would say no. I am quite sure

of that statement.

Q.73. You haven’t any such demand in your records,

at least? A. No.

Q.74. Now, let's see, you have the records there,

haven’t you? A. Yes, sir.

Judge Henson: I just want to save time, and wonder

if he and I can not go outside and look at the records

while the next witness is being examined here.

The Special Master: If who can?

Ernest A. HENNE—DIRECT

Judge Henson: If the witness and I might do that.

i” The Special Master: What records are you talking

about?

Judge Henson: I want to see what records have been

made by the Actuarial Committee, the minutes and

things of that kind, and run them over outside without

delaying the Court.

The Special Master: To find out if there is any

that ought to be in evidence?

Judge Henson: Yes, sir. Senator Hollingsworth

will take the next witness.

The Special Master: Let the record show that the

witness now offers to Judge Henson an inspection of the

records of the Subscribers’ Actuarial Committee, and

that the two are to examine the same during the examina-

tion of the next witness.

(Witness withdrawn.)

ERNEST A. HENNE, being produced, sworn and ex- |

testified as follows: %

Direct Examination by Senator Hollingsworth.

Q.1. Please state your name. A. Ernest A. Henne.

Q.2. You reside here in the City of Chicago? A.

Evanston is my home.

The Special Master: That is just a suburb of Chicago?

A. A suburb of Chicago, yes, sir.

Q.3. (By Senator Hollingsworth) What is your con-

nection with the Subscribers’ Actuarial Committee, Mr.

Henne? A. At present I am the chairman.

Q.4. And you succeeded Mr. Street? A. Yes, sir.

Q.5. When did you become chairman? A. I think

it was December of 1936.

Q.6. Prior to that time you were a member? A.

Yes, sir.

Q.7. Were you active in the affairs of the Actuarial

Committee from 1935 down until you became chair-

man? A. Yes, sir.

Q.8. You attended the meetings regularly, did you?

A. Yes, sir.

Q.9. Now, at the time this sixteen and two-thirds

per cent rate litigation developed, it was placed in the

charge of the Actuarial Committee? A. Yes, sir, it was

in its charge.

Ernest A. HENNE—DIRECT 21

Q.10. And the first thing that the Actuarial Com-

mittee did was to employ attorneys? A. Yes, sir. How-

ever that was before my time on the committee. I have

been on the committee since 1932.

Q.11. When you came into the picture the attorneys

had been employed? A. Yes, sir.

Q.12. Did you learn anything about the obligation

of the committee to these attorneys as to the method of

payment, etc.? A. No obligation other than from time

to time we paid their bills as they were presented, their

ees.

Q.13. Were there bills presented to the committee

at the time payments were made to them? A. Yes.

Q.14. That was by way of a statement of account

for services rendered? A. Yes, sir.

Q.15. Then those bills were submitted to the com-

mittee and by the committee approved and disbursements

of the fees ordered in accordance therewith? A. Yes, sir.

Q.16. The attorneys for the companies were the

firm of Hicks and Folonie and the Kansas City firm of

Morrison, Nugent, Wylder and Berger? A. Yes, sir.

Q.17. From the inception of the litigation, how much

attorneys’ fees, if you recall, were paid to the various

firms? A. Well, I would have to rely on the records to

show that. I couldn’t tell you.

Q.18. Can you approximate the amount for the pur-

pose of further examination? A. I would rather depend

on the record on that.

Q.19. I see, but the records of the Actuarial Com-

mittee will show? A. Right.

Q.20. Now, the funds that are provided for the Ac-

tuarial Committee are provided in what manner? A.

They are levied on the subscribers to the bureaus on the

basis of the volume of premiums that they write.

Q.21. And then through the bureaus that is pro-

rated back to the respective companies involved in this

litigation? A. I don’t quite—

Mr. Bullitt (Interrupting): That is again what I

meant, about those things. If he will ask what was

The Special Master: All right.

Mr. Bullitt: We will agree to it.

The Special Master: Yes, sustained.

Mr. Bullitt: I do not want to object continually, but

I do not want things—

The Special Master: All right, sustained.

22 Ernest A. HENNE—DIRECT

Mr. Bullitt: We will give him every fact in the

world, but don’t put into the question an assumption of

what happened.

Senator Hollingsworth: I merely asked if that did

ha .

Pir. Bullitt: We will tell you anything in the world.

the Special Master: I already know how it hap-

pened, but it is not in this record.

@.22. (By Senator Hollingsworth) Are the fees that

come into the committee for the purpose of paying its

expenses, etc., paid directly by the companies or are they

paid by the rating bureau? A. The fees—the assess-

ments are levied by the various rating bureaus in the

different states for their particular expenses in that state

and paid direct to that rating bureau. That is the case

in Missouri and every other state over which the Sub-

scribers’ Actuarial Committee has supervision.

the Special Master: Pardon me just a minute. It

may shorten it up. Is this approximately what happened:

This Actuarial Bureau authorized the payment of bills

arising out of this litigation; they certified that to the

rating bureau; the rating bureau then to raise that

money Made assessments accordingly, and it was paid

the same as any other assessment for the support of

that pureau?

Mr. Berger: You mean the Missouri Inspection Bu-

reau?

A- Yes.

the Special Master: Isn’t that what happened?

A: That is right.

Senator Hollingsworth: That is what I wanted to

get at:

Tyne Special Master: I think I already know. It will

save a lot of time.

Mr. Bullitt: If you will just ask the witness what

happened, he will tell you.

The Special Master: We can even do it shorter if

I can state how it happened, and I think I know.

Mr. Bullitt: That is the way the Master was paid in

the sixteen and two-thirds per cent litigation.

The Special Master: Oh, I took a great deal of in-

terest to find out how the machinery operated.

Q.23. (By Senator sates tgp Now, at the time

these assessments were made for the purpose of the pay-

ment of attorneys’ fees, were—

Ernest A. HENNE—DIRECT 23

Mr. Bullitt: I object, your Honor please. I object

to that on the same ground. He says “at the time these

assessments were made for the payment of attorneys’

fees.’ There is an assumption that they did that. He

has never said they did that.

The Special Master: No, I know. The statement that

you both agreed to is inconsistent with that. But

they do this: They did approve attorneys’ fees, which

were included in the bills that they asked be allowed and

that were certified to the rating bureau, and the rating

bureau did make an assessment.

Mr. Bullitt: A general assessment.

The Special Master: Big enough to include the pay-

ment of those bills.

Mr. Berger: They made one assessment for all their

operations.

A. I just wanted to say that in every way we an-

—— our expenses and make an assessment accord-

ingly.

Mr. Bullitt: If you will just ask Mr. Henne he will

give you every fact in the world, but don’t put in things—

The Special Master: The difficulty, Mr. Hollings-

worth, is this: The rating bureau did not handle any

money at all as such; it did not make any assessments.

Mr. Berger: You mean the committee?

The Special Master: I mean the Actuarial Committee

did not handle any money at all and it did not even make

any assessments, but it did approve bills and turn it over

to a rating bureau that did make assessments and that

did raise moneys from the companies.

Mr. Berger: The assessments were made about once

a year.

A. The committee acts in an advisory capacity only.

Q.24. (By Senator Hollingsworth) The checks that

were paid to the attorneys came from whom? A. I

couldn’t tell you that because other than voting the ap-

proval of the bill, that is as far as I went.

Q.25. You don’t know the source of the checks that

paid the attorneys? A. I would say that they came

from the Missouri Inspection Bureau.

Q.26. Now, in 1935 I Qelieve you were connected

_ the Continental Fire Insurance Company? A. Yes,

sir. . }

Q.27. In what capacity? A. As vice-president.

Q.28. When, if ever, did you first hear of a proposal

of compromise of this litigation? A. Well, Mr. Street

brought that up at one of our meetings.

24 Ernest A. Henne—DIREcT

Q.29. Whose meetings, now? A. Our Subscribers’

Committee meetings. I couldn’t identify the date other

than at more than one meeting a suggestion was made

that there was considerable pressure being brought from

various interests.

Q.30. What interests did he say? A. Local agents

in Missouri, chambers of commerce and finally when it

reached the point that it seemed that a possibility of a

settlement could be reached, the committee authorized

Mr. Street to proceed.

Q.31. Well, what did he tell you about anyone hav-

ing approached him in regard to a settlement? A. Well,

local agents and correspondence from chambers of com-

merce, as I recall.

Q.32. You said “when it appeared that a settlement

might be made.” What was brought to your attention

about the possibility of a settlement? A. This pressure

and correspondence and chambers of commerce urging a

settlement.

Q.33. Did Mr. Street say anything to you about any

negotiations with the other side or anyone else? A. No,

he did not.

Q.34. When did you learn of the first negotiations?

A. After they were completed.

Q.35. After they were completed? A. Yes.

Q.36. And approximately when was that? A. Well,

it was in '35. I think the possibility of the settlement

being concluded I think was along about February of 1935

that I first heard of it. :

Q.37. Well, at that time had an agreement been

reached? A. I don’t know.

Q.38. When did you learn of it in 1935 that negoti-

ations were pending? A. Let me understand.

Q.39. In 1935.

Mr. Bullitt: When did he learn what?

Senator Hollingsworth: About the negotiations.

Were they still pending or had they been completed when

you first learned of it?

A. Well, I can’t tell you that positively. Mr. Street

discussed this verbally with the Committee and that is

all there is to it.

Q.40. What did he say to the committee? A. That

he was negotiating.

Q.41. Did he say with whom he was negotiating?

A. No, he didn’t tell me.

Ernest A. HENNE—DIRECT 25

42. Did he discuss with you the terms? A. No.

Q.43. That was not mentioned? A. No.

44. He said that a settlement was pending? A.

Yes.

Q.45. Then you waited until the settlement had

been accomplished before you learned anything about the

contents of it? A. About the contents, yes, its pro-

visions.

Q.46. It was then accomplished, insofar as the parties

were concerned? A. Yes, sir.

Q.47. You had no knowledge whatever as to the

terms or conversations prior to its accomplishment? A.

No, sir.

Q.48. Now, at any of these committee meetings

which were held during the time of the negotiations, did

Mr. Street reveal to you any of the proposed terms? A.

No.

Q.49. As I understand you, he simply told the com-

mittee that negotiations were pending? A. Yes.

Q.50. And no member of the committee, as far as

you knew, had any information as to the distribution of

the impounded funds until it was an accomplished fact?

A. As far as I know, no.

Q.51. And had any funds been called for by Mr.

Street for the purpose of effecting or bringing about the

compromise or settlement before it was an accomplished

fact? A. No, sir, not that I know of.

Q.52. Not that you know of? A. No.

Q.53. After it was an accomplished fact, did Mr.

Street make any call on the committee for funds or ask

the committee to approve any bill for funds? A. Only

current bills that were submitted.

Q.54. Now, that was current bills in connection

with the general routine of the committee? A. Yes.

” Q.55. There were no special funds called for? A.

oO, sir.

Q.56. And do you recall the date that the com-

promise was effected?

Mr. Berger: It was dated May 18th.

Q.57. (By Senator Hollingsworth) You recall that

May 18, 19— A. (Interrupting) It was in May that

the final settlement was approved.

. Q.58. The compromise was dated May 18, 1935? A.

es.

Q.59. Now, prior to the time it was signed, did you

know anything about the terms or provisions of it? A.

Not a word.

26 ERNEST A. HENNE—DIRECT

Q.60. Now, after it was signed, did Mr. Street call

on the committee for any expenses in connection with

the compromise? A. No.

Q.61. Did Mr. Street at any time before the com-

promise was effected discuss with you as an official of

your insurance company, the Continental, the settlement

or proposed settlement of this case? A. No.

Q.62. Did he afterwards? A. No.

Q.63. Did any other person? A. No.

Q.64. And to this day all you know about it is what

you saw in the written document? A. Right.

Q.65. Did Mr. Street call on your company either

before or after the compromise settlement for the payment

of any funds in connection with it in any manner? A.

I understand he called on the New York office for funds.

Q.66. How do you understand that? A. Well,

rather I might make a positive statement that he did, be-

cause subsequently we received advices to reimburse the

New York office for a specified amount of money that

was advanced to Mr. Street for legal expenses.

Q.67. At the time the settlement was made, you

knew that 30 per cent of this impounded fund had been

allocated for the payment of the expenses of the com-

panies’ attorneys, did you not?

Mr. Bullitt: Just a minute there. I object to that

because he says at the time the settlement was made.

He does not say whether he is referring to May 18, 1935,

when the agreement was signed, or whether he is talking

about February 1, 1936, when this decree was entered.

The question is so uninte

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