The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-10-15
WANT A RECEIVER.
Bill Filed Against the Cumberland Tele-
phone Company.

| Tue OuuD6Tldlu l6lepuOue COlu-
pany is in trouble. Its troubles are
to be settled in the courts, and it
may result that receiver will be
appointed. At any rate this is a
part of the prayer to bill filed in
Chancery yesterday against the
company.
The bill was filed yesterday by E.
H. Hatcher, who has as associates,
M. II. Meeks, John A. Pitts, Figuers
u Padgett, J. G. Dexter and J. M.
Head. The caption is as follows:
THE State of Tennessee, by Rob-
ert Vaughn, ACKNOWLEDGEMENT of
the Seventh Judicial District, upon
the relation Of Robert Pillow and
other citizens of the county of
Maury, and State of Tennessee,
against the Cumberland Telephone
and Telegraph Company, a body in
corporated under the laws of the
State of Kentucky, but doing gen.
eral business in the State of Ten
nessee, with its principal office and
chief place of business in the city Of
Nashville, Tenn; J. K. Caldwell,
VIM. Litterer, Leland Hume, T. d.
Webb, Henry Sperry, V. E. Shwab,
G. r. Knox, w. w. Berry and M. j.
Smith, citizens of Davidson county,
State of Tennessee, directors and
stockholders in the said Cumber-
land Telephone and Telegraph Com
pany, j. E. Caldwell being its Presi-
dent and General Manager, VIM.
Litterer its Vice President, Leland
Hume, Secretary and Assistant Gen
eral Manager, and T. D. Webb,
Treasurer.
Among other things, the complain
ants charge that the defendant COM
pany has usurped and exercised
powers not conferred upon it by its
charter, or the laws of the land, in
that it used its corporate power and
wealth to suppress and stifie compe-
tition; and that 1t bought up the
corporate franchises, property and
good will of competing corporations
for that purpose.
1t is alleged that the defendants
have without right or authority of
law, erected Its poles and lines upon
the private property of individuals
and corporations. That it has
leased to Leland Hume an integral
portion of its property fraudulently
and for illegal purposes; that the
defendant company has misuSed and
grossly abused it's corporate powers
and franchises in unjustly discrimi-
mating in its charges, in favor of Ger
tain individuals and localities.
1t has stifled competition by
means fair and foul, and the charge
of conspiracy is directly entered
against the officers and directors OF
the defendant company. The bill
cites instances where such actions
have been made tn suppress and pre-
vent the growth of sturdy competi
tors. The defendant company ha:
removed its principal office anC
place of business from the State
wherein it was incorporated and yet
it has refused to register an abstract
of its charter in the offices of the
Registers of the various countie:
: wherein it has been carrying on it;
business; and further, it has know.
ingly caused its corporate property
, and franchises in the State of Ten
nessee to be assessed for taxation or
values not exceeding from one tentf
to one sixth of the values at which
the same were properly, Justly anC
: legally assessable for taxation, pay.
ing its State, county and municipal
taxes upon such illegal assessments
for many years, thus KNOWN gly
; evading the payment of from five
sixths to nine tents of its just anC
legal portion of the public burdens
1t has abused its corporate fran.
chises and shaken off its corporate
duties by willfuly refusing to fur
nish its instruments, lines, connec'
tions and facilities to the citizens
within the limits of its various eX
changes, without discrimination OF
Partially. 1t has refused to give tt
the residents of Memphis anC
Brownsville and other cities anC
| towns the use of its instruments
connections, lines and facilities, up
on terms as favorable as those given
, to the people of Columbia anC
Maury county in like situations anC
for similar service.
1t is further charged that in all o.
{ the foregoing particulars and others
the defendant company, its officers
directors and stockholders, have
knowingly, willfully and persist.
emily and illegally usurped and ex
ercised powers and privileges no.
conferred by defendant cOmpany's
charter or articles of incorporation
nor granted by the laws of the land
Below is given the prayer of thu
original bill in full:
"The premises considered, com
plainants pray that the parties
named as defendants in the caption
may be made such by the proper anC
usual process issuing from You
Honor's court; that they may be re-
quired to answer the allegations o.
this bill, but not under oath, which
is expressly waived. Complainant'
pray that upon the final hearing oil
the cause, Your Honor will decree
that the defendant company ha:
forfeited its right any longer to exer'
else any corporate franchise or pow
er in the State of Tennessee and thai
the defendant company be "Ousted'
from the exercise of corporate power
and franchise in said State.
"Complainants pray for all such
extraordinary process, injunctlvt
and mandatory, introductory anC
final, as in the Judgment of the cOur'
in the progress of the cause, thu
facts will warrant and the public
welfare require.
If necessary to the public welfare
the cOmplainants pray that upon the