New-York tribune., 1907-01-10
SUIT CHARGES MERGER.
Hadley attacks Alleged Gould Com
binatiOn IN Missouri

Jefferson CITY Mo- Jan 9-Suits to dissolve
the alleged merger of the Wabash, Missouri Pa
cihc and Iron Mountain railway companies and
the Pacific Express Company, and to revoke the
licenses and charters of the Pacific Express
Company, American Refrigerator Transit Com
pany. Western Coal and Mining Company, Rich
Hill Coal Mining Company and Kansas Missouri
Elevator Company were filed in the Supreme
Court to-day by Attorney General Hadley.
The petition alleges the stocks of the COM
panies named are owned by the same interests
the Goulds-in violation of the provisions of the
constitution and laws of Missouri. Chief Justice
CAN'T, Of the Supreme Court, made quo war
ranto writs asked by Attorney General Hadley
returnable in the Supreme Court on January 23.
Concerning the nature of the suit, Attorney
General Hadey said:
These suits are brought for the purpose of fore
Of the wabash Missouri Pacific and iron Mountain
companies. and the control of these three COM
ing lines. by the same interests. and to force d
these companies in the Pacific Express Company
american n Refrigerator Transit Company. Rich Hill
Company and the Kansas Missouri Elevator Com
pany.
By this stock ownership these roads have. in
iact, been engaging in business authorized by
AND laws of the state. The forfeiture of the char
RaSs tsaS OF the coal mining companies and of the
the license Of the Pacific Express Company and
business in the state is asked for. but the for
Of f nhe Charters OF the railroad companies
,a epnri,nue within given time; these usurpatons
ehouid the courts so order. Illegal practices exist
10 greater or less extent in the case of a number
OF other Missouri roads and other suits will be
begun so soon as the work in my office will permit
Ihese cases have been under consideration nearly
egef snGe the Incident TO the
Their institution has. however. been delayed by
maximum freight litigation and sickness which
took me from my office for nearly six months.
The petition asking that the merger of the
stock ownership OF the roads be dissolved. al
leges that the Missouri Pacific owns and holds
44o.354l4 of 443901 outstanding shares of the
Iron Mountain road; that the Missouri Pacific
owns 10000 shares of the preferred stock of the
Wabash. that the Iron Mountain owns Co 900
shares of the preferred stock of the Wabash and
S5.435O00 of the debenture bonds of the Wa
bash; that the Wabash owns 25.OOO and the Mis-
of stock of the Pacific Express Company and
that the Iron Mountain owns 2.S53 shares and
the Missouri Pacific l,21T shares of the stock Of
the American Refrigerator Transit Company
being the entire amount of stock issued by that
company.
There is also an allegation that the Iron
Mountain and the Missouri Pacific have the
same officers. have general officers in Mis-
souri, and that the books and records of the
companies are kept in the office in New York
The petition says:
The persons and interests in ownership and con-
bers of the Gould family of which Jay Gould
until his death the head, and other persons inter
ested with the said Gould family in railroad tele-
graph and kindred enterprises, have combined and
conspired 10 bring under the control and dOmina-
uon of the same persons and interests the Wabash
and Missouri Pacific companies for the purpose of
preventing and destroying ali competition between
the said companies, and for the purpose of making
the two companies in practical effect and
so far as concerns any public interest involved.