The daily morning journal and courier., 1895-03-01
IS AGAINST THE GAS TRUST.
AN INJUNCTION HAS BEEN ISSUED
 BR JUSTICE ANDREWS.

It Restratns the Mercantile Trust company
 From Voting on Certain Stock of Gas
 Companies-Many Companies Are Made
 Defendants in the Action.
 New York. Feb. 2S--J. H. Judge has
 obtained from Justice Andrews in the
 supreme court temporary injunction
 and an order to show cause on March
 against the Mercantile Trust company
 as trustee, restraining 1t from voting
 on certain stock of gas companies that
 are made defendants in the action
 brought by his client, George A. Smith.
 The other companies that are defen-
 dants In the action are the Boston Gas
 Light company, the Roxbury, South
 Boston and Bay State company of Mas
 sachusetts, the Bay State company of
 Delaware. and the same named com pany of New Jersey.
 The injunction is to restrain the trust
 company from voting on the stock at
 the meeting that was to be held to-day. The plaintiff, to whose complaint no answer has been filed, states that he is the owner of sixteen bonds of the Bay State Gas company of Delaware. In 1889 the Delaware company became the lawful holder of bonds of the defendant Bay State company, conditioned for the payment by the latter of $4,500,000 and 90 per cent of the earnings of the Bos- ton company, for a term of ninety years, under which bond the company paid $450,000 year in dividends. Tn 1893 he alleges J. Seward Addicks un- lawfully took from the Delaware com pany the bond of 4,500, ,000 and without permission of the stockholders deliver ed 1t to the Bay State Gas company of New Jersey, and that then the latter de- livered the bond to the Mercantile Trust company, and the trust company deliv- cred it back to the Bay State company of Boston. The bond was, he declares. wrongfully cancelled, and the Delaware company was so deprived of chief part of its assets, and the value of it's stocks and bonds was greatly depreciated. During this time Addicks was president of the Boston and New Jersey com panies.
 It is also alleged that in pursuance of the agreement made January 1, 1889. between Addicks and William E. L. Dillaway, the trust companies became holders of the stock of the several gas companies of Massachusetts and the New Jersey company and issued a series of bonds called Boston United Gas bonds the aggregate of which was $12, 100000 and which bore interest at 5 per cent.
 It is further alleged that Addicks and DtHaway assigned their rights to nom mate officers and directors of the Mas sachusetts company to the Delaware that Addicks as an officer of the Delaware company and the com pany itself nominated for election as officers of the defendant companies him. self and Frederick Paddocks and the election was to take place to-day. It is alleged that this election would per- petuate and continue all Illegal and actions that have deprived the Delaware company of it's assets.
 Plaintiff asks that a receiver be ap- pointed for the stocks of the Massachu- setts companies now in possession of the trust company, and that the secur- ities be held for the protection and rights of the Delaware company The affidavit of MT. Smith, attached to the states that he is familiar with the gas company situation and was one of the incorporators of the company and also of the Delaware company. He accuses the Trust company of Illegally causing an increase of the stock of the Boston company from $500000 to $2,000,- )00, the same being in violation of the trust company, and having worked a great injury to himself and other hold ers. Messrs. Alexander and Green rep resent the trust company and will on March 8 move to dissolve the tempora- " injunction upon the ground that the papers are entirely insufficient to jus ify the court in granting it.
 J. F. Addicks of the Bay State Gas l who was in the city to-day, l ;aid "The injunction obtained to re- strain the Mercantile Trust company | rom voting securities was a prelimina- " injunction obtained by an irrespon- ible person. It simply delays the di- | .ectors of the five companies controlled | " the Bay State company The in- | unction has mo real effect upon the sit | lation, as the old officers hold over un- il successors are appointed"