New-York tribune., 1908-05-23
TO RESTRAIN RAILROAD
GOVERNMENT FILES BILL.
Would Preuent Nesc HaCen from
Controlling Boston 8 Name.

Boston. May "a hill in equity TO restrain the
New York. New Haven Hartford Railroad COM
psny from exercising any control over the bos'oh
e. Maine Railroad and separate the New Ha'ea
road from the various trolley lines IL mas acauiieu
filed in the United States Circuit Court here
st o'clock this afternoon by United states DIS
frict Attorney p French acting for the led
ersl government. The documents in the case whch
voluminous and explicit to the highest legal
degree, prepared under the direction OF Al
tcTney General Charles J, Bonsparte
The bill in equity brought under the sherman
1890 and charges that the New Haven road
soquired numerous trolley lines and is attempting
TO control the Boston & Maine Railroad in re-
straint Of trade. The petition alleges that If the
New Haven Road is not restrained from holding
the trolley lines and voting stock of the Boston *
Maine road a situation will be created with re-
spect the transportation instrumentalities and
facilities OF New England which will eventually
enable the New Haven company to control for all
time the interstate transportation not only among
the New England states but between such states
and the other states of the Union.
The defendants in the bill the New Haven
company. the Boston & Maine Railroad Company,
the Consolidated Railway Company and the Provi-
dence Securities Company. The complaint says:
The New Haven Company having prior to the
year 1904, acquired practically all the steam rail
road facilities for the transportation of passengers
Massachusetts Rhode Island and Connecticut and
e1'Ss nd 1S S1IeS ana New orr ali Iy ar s
competition in transportation by steam railroad
Sections and OF the act of July . 1890. an act
entitled AN act TO protect trade and commerce
against unlawful restraints and monopolles,
knowingly, unlawfully and wrongfully combine,
steam railroads and electric railways and did sup
press and attempt to suppress all competition be,
electric railroads in the transportation of passen
gers and merchandise: and that in the prosecution
Of such oombination. monopoly and attempt 70
monopolize, and in order effect the same. old
and contToI s5sstsntially ali methods of frsnspor
tation by land between the several states OF @ rev
England and between said states and the several
other Of the Union. and thereby has become
Commerce among The several states in violation
Of said act OF Congress Of July :, lSN
The attempt to merge the New Haven and Bos-
ton & Maine railway systems is then taken up
The petition sets forth:
The New Haven COMPANY in further pursuance
the unlawful combination. and unlawfuIly IN;
tending to enlarge the field of its monopoly' ana ana
TO extend II as 10 cover ano embrace MoI os ny
al the interstate means and instrumentalitles Tor
Of the New England States, and between these
states and the rest Of the Cni1ea i Ssaes G1 i b m
capital stock of the Boston & Maine RailToad 10 10
re 81 fbe total capital stock common and pre-
ferred of the Boston & Maine Railroad by means
q %bs sh excbangs Of stock having been brought
the attention of the legisatuTe OF MassacngsejiIS
Of sny further interest in & Maine stock
By 1hs New f asR 9o pr the a stock by the New
Haven company which it haa iione@ y inf9TmeS
d beiis,,es that when the said legislative prohi
bition is renoEe1 % Og nat @ or The xbole of the re
rnairder OF said stock Of the Boston Maine Ran,
cornpany and a virtual consolidation of the two
roads will be effected. unless restrained py TINS
court.
-b. acouisit;on Of the New England Navigation
Coupany in connection with the alleged purpose
Of consolidating the steamboat properties whicn
the New Haven company had heretofore acquired
is described. The purpose or this step, the peti-
I steam
roads trolley, steamboat and other properties helo
by the New Haven company and placing them
within the direct control of one company. The Pc
tition says:
Your petitioner further prays for the following
ea1 Thai the so-called merger of the Conso-
dated Railvay Cofnpany by into and with the
feTdsnt. the New Haven company. be decreed and
rnent Of the corporate life and existence Of the said
Consolidated Railway COMPANY .-,- 15.,.., oor,-
pany, be ordered and required TO restore and con
Company all tie franchises and property, both real
and personal Of every description iqcpdi9g stocks
1nent and Security Company which the said New
The said Consolidated Railway Company except
The franchises, stocks and other property OF the
said New Haven company; and its officers direc-
joined and restrained from voting whether by
proxy or otherwise any OF the shares OF the capt
pany, and from receiving any dividends thereof
and exercising in any manner whatsoever any
control or supervision the affairs and bust
OF the said Consolidated Railway Company
and any the subsidiary companies owned and
controlled operated by the said Consolidated
Faa iiway Company.
ta) That the defendants. the New Haven com
parV and its Off GERS directors and agents be here
after forever enJoined from voting either directly
indirectly, whether by proxy, or otherwise, any
OF the shares of the capital stock OF the sad
Providence Securities Company. and that said de-
PENDANTS its officers directors and agents. and
each of them be enjoined and restrained from re
dividends of the stocks OF the said
Providence Securities Company and from exercs-
ing in any any control supervision over
affairs and business Of the said Providence Sc
0r o
0dD That the defendant the New Haven COM
rany. officers directors servants and agents
and each Of them be hereafter forever enjoined
from voting. either directly indirectly, whether
by proxy otherwise, any of the shares of the
capital stock of the Boston e. Maine Railroad and
from receiving any dividends thereon. and from
exercising In any manner any control over the af-
fairs and business Of the said Boston & Maine
Railroad. and that the said New Haven com
uany be restrained and eDjoined from purchasing
and ACQUIRING any additional shares Of the capital
stoc- Of the said Boston & Maine Railroad
Washington. May 22-The suit filed by the
eminent to-day the United States Circuit Court
Al Boston against the New York. New Haven e.