The morning journal-courier., 1908-05-23

llne nine IlllltS m lenGtH lTplu lplt Chester N r., to New Rochelle. under q 99-year lease by the New Haven road, in further pursuance of alleged suppression of competition. Is also re- cited. It Is alleged that by the acquisi- of these lines the New Haven company has completely suppressed competi- tion and deprived the public of the advantages thereof and has established a monopoly so thoroughly and com plctely as to practically preclude the possibility Of competition being hereaf- ter revived and rc-establlshed except by relief from this court"
 The attempt 10 merge the New Ha ven and Boston & Maine systems Is then taken up The petition sets forth:
 The New Haven company in fur ther pursuance of the unlawful com hnation, and unlawfully intending "a enlarge the field of it's monopoly. and to extend It SO as to cover and embrace not only all the nterestate means and instrumentalltles for the carriage of persons and freight in the whole of the New England states, and between those states and the rest of the United States did in the spring of 1907 acquire a large interest in the capital stock of the Bos- ton X Maine railroad to wit. approxl- mately 10000 shares. or about 35 per cent. of the total capital stock. com- mon and preferred, of the Boston & Maine railroad, by means of an ex- change of it's own stock share for share
 This exchange of stock having been brought to the attention of the legiela- ture of Massachusetts, that body pass ed a law forhidding the acquisition of any further interest in the Boston & Maine stock by the New Haven com pany and prohibiting the exercise of any control of the stock by the New Haven company. which 1t had already acquired until July l, 190s and your petitioner is informed and believes that when said legislative prohibition is re- moved by the expiration of the time desienated, large part or the whole of the remainder of said stock of said Boston & Maine railroad will be speed fly acquired by the New Haven com pany and virtual consolidation of the two roads will be affected unless re- strained by this court.
 The acquisition of the New England Navigation Co in connection with the alleged purpose of consolidation the steamboat properties which the New Haven company has heretofore ac- quired is described The purpose of thsl step, the petition says, was the l consolidation of the steam railroads, trolleys, steamboat and other proper ties held by the New Haven company and by placing them within the direct control of one company
 If the relief prayed for Is refused by the court" the petition states, not only will the New Haven com- 1 pany retain it's control of the electric urban and interurban systems as here l inbefore described, and hold a large t portion of the stock of the Boston and i Maine Railroad company and there i by perpetuate the suppression of com- petition but that a situation will be created with respect 10 the transpor- tation lnstrnmentallties and facilities 1 of New England which will eventual ly enable the New Haven company to ] dominate and control for all time the interstate transportation not only among the New England states, but between such states and the several other states of the union; and your petitioner further alleges that unless the combination, monopoly and at tempts to monopolze, hereInbeforc alleged are restrained and prevented, the New Haven company and it's ofTi- cers and directors and the several other corporate defendants herein named and their officers and directors will acquire or attempt to acquire the control and ownership of all the re- | maining transportation Instrumental ities and facilities whereby commerce is or may be carried on among the several states of New England and between such states and the other states of the union, and with foreign countries.
 Your petitioner further prays for the following specific relief:
 "(A) That the so-called merger of the Consolidated Railway company by, into and with the defendant, the New Haven company, be decreed and adjudged as intellectual to create an eXtinguishment of the corporate life and existence of the said Consolidated | Railway company.
 "CB) That the defendant, the New
 Haven company, be ordered and re- l quired to restore and convey to the defendant, the Consolidated Railway company, all the franchises and prop- erty, both real and personal of every description, including stocks and other securities of the New England Invest ment and Security company which the said New Haven company received, as 1 herein alleged, from the said Consoli- dated Railway company (eXcept the franchises, stocks and other property of the New England Navigation com i pany) and that the said New Haven company and its officers, directors servants and agents, be hereafter for ever enjoined and restrained from vot-
 ing, whether by proxy or otherwise any of the shares of the capital stock of the said Consolidated Railway com. panv, and from receiving any divi. dends thereon, and from exercising, il any manner whatsoever, any contro
 or supervision over the affairs ant
 business of the said Consolidated Railway company, and any of tn,
 subsidiary companies owned and con