The Montgomery advertiser., 1909-07-23
INJUNCTION
 IS DENIED Another Phase of Light Co. Controversy. COMPETITION LAW INVOLVED htizens Company Alleged That Mis-Statements Were Made. iAIss sought Injunction on Grounds sAat MontsoRery Company Was
 Endeavoring to Get Css-
 temers from Them.
!co1RErTloN LAW INVOLVED

Judge Thomas G. Jones of the Fed eral Court for the Middle District of A1Abama, yesterday denied the peti- 'flon of the Citizens Light and Powor Company. seeking an injunction against the circulation of alleged defamatory Gfatements and against the lawful so- 1icitAtfon by the Montgomery Light and Water Power Company of com p1Afnants customers. An injunction vas. however. issued preventing offi- cers or agents of the M. l.. and W. |. P Company. from holding out or prom ts1ng Indemnity to complainant's cus- tomrs, for breaches of contract.
 Only the order in the case was made public yesterday afternoon. Judge Jones not having completed his final draft of the opinion setting forth the reasons for such orders. The matter Involved the whole law of competition. and has been under the consideratio of the court for some days attorneys for both parties to the suit having sub- mittsd their cases upon briefs and af-
 It will be remembered that the citi- zens Light and Power Company filed . suit In the City Court some weeks ago for damages against the Montgom- cry Light and Water Power Company. The complaint set forth the fact that the M. l.. and W. P. Co. had circu- lated malicious misstatements as to the credit and financial standing of the Cittzens' Company. and that de- fendant company wes moreover at. tempting to take away customers from complainant company. promising inc demnity for such breaches.
 A few days later the M. l.. and W i. F Co. filed a suit for damages in the Federal Court against the Citizen ' Company. The Citizens Company then hied a prayer in the Federal Court that an injunction issue whereby the M. IL. and W. P. Co. be restrained from soliciting business. of customers of the Citizens Company. and from cir- cu1atfhg defamatory reports as to the Citizens Company's financial standing, and further from promising indemnity to those customers who broke their contracts with the Citizens Company.
 The order of Judge Jones in the mat ter follows:
 The Courts Order.
 This cause Is submitted on bill and amended bill and afidavits. including answers proposed to be filed but of- fered only as affldavits. On considera- ton thereof, the Court is of opinion that 1t is without Jurisdiction to pre- vent the making and circulation of the alleged defamatory statements com- plafned of and that complainant has no other remedy against them than &C., uons-at law and it is further of opin- Ion that 1t ought not to efjoin defend- ant. or Its servants, from soliciting, hy any lawful means, customers of com plainant to do business with the de- Pendant. the law allowing that much in the interest of freedom of compe- titfoh; the Court is further of the opinion that offers to indemnify com blafnant's customers for breaches of their contracts with 1t transcends the privileges of the law of trade and rcn1petition and is an actionable wrong 2of which, under the circumstances. Complainant has no adequate remedy at law.
 .Tt is thereupon ordered, adjudged and decreed, that so much of the prayer of the bill and amended bill as seeks