The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-10-05
Perry County Prosecutor
Rolls Up His Sleeves.
ALLIED LINES ARE INCLUDED
Perry the Only County with
Jurisdiction.
Prosecutor Tom O.CroSsap Begins Two
Suits Against the Hooking Valley.
X. g. NJ. and Promises Other Suits
Against the Allied Lincs-.-Stocls
Holders Meet Today.

Prosecuting Attorney Tom o. Cros-
san of Perry county yesterday at New
Lexington filed two suits in the series
of four, which will be brought agains,
the Hooking Valley Railroad and its
allied railroad and coal companies.
All the cases will go to New Lexing
ton because that is the only county in
the state with jurisdiction over all
the interested companies.
The actions yesterday, before cir
cult court, are in quo warranto
against the Hooking Valley and the
Ksnawha and Michigan roads. An
other suit against the GAINESVILLE and
Western Is expected and actions are
possible against the Sunday Creek
Coal Company and it's allied COM
panies, the Kanawha and Hooking
Coal and Coke company and the Con-
tinental Coal company.
The suits filed yesterday. like the
enc of Saturday against the Toledo
and Ohio Central, declare that the
charter rights have been exceeded by
actions in defiance OF law in further
anccN of a scheme to monopolize the
Hooking Valley The court Is asked
to appoint commissioners to wind up
the affairs of each company.
Although the actions are consid-
cred supplementary to the custer suit
against the Hooking Valley, filed five
.ears ago by the attorney general
there is no direct connection between
them. There Is. no longer any doubt
that the new attack is backed by the
Ohio Coal Operators Association. At
torney Cyrus Huling will be associat-
cd with Prosecuting Attorney Cros-
san in conducting the cases.
The Hooking Valley is charged with
debating and controlling the II. & o.
c., X. & NJ, and Y. & w. To gain
control Of the T. & o. c. and other
properties owned by it. the Hooking
Valley is charged with causing the
Middle Statos Construction Company
to be organized in New Jersey. to act
as it's agent, and issued its stocks and
bonds for stock of the construction
company. which in turn acquired all
of the stock of the II. & o. c.
The states suit against the Hooking
Valley was tartcd Dec. IS, 1908, and
sought to prevent the road from
owning stock in the Sunday Creek
Coal Comapny. 1t is charged that
after that date II continued to pur-
chase the forbidden stock. and ac-
cumulated several thousand more
shares. until II now holds with the Il.
e o. c.. all the stock In the Sunday
Creek.
The petition against the Hooking
Valley alleges that the road, the It. q
O. c., the u. * W., and the *. q M
are all parallel and competing lines.
which are forbidden by the state law
to be under one management. The Of
ficers and directors of the X. e. NJ. are
charged with mismaragement In per
mitting the Hooking Valley and it,
agents to vote in the annual meet
irgs.
In the states suit against the Hook
ing Valley the circuit court has for
hidden the Hooking Valley to excr-
else control over the n. e. M. through
the agency of the 7. o. c., because
the Hooking and X. & NJ are paralle'
lines. After the action started th'
Hooking traded the u. & w. TO the i.
e. o. c.. and took the X. & NJ. In ex-
change, thus seeking 20 do directly
what the courts have forbidden TO
bedonc indirectly. tFf ,fi frt
| While IL is not true that the inde-
pendent coal operators are behind
the fight which Hooking Valley stock
holders, through Attorney Ralph r..
Westfail, will make today in the an
nual meeting OF the Hooking, both
agencies are working to drive the
Hooking group of roads out OF the
ccal business and each probably viii
assist the other. The motive behino
the Westfall move is Unknown.
| IL Is said there is no expectation
that any change will be made in the
Hooking directors and officers as re
suit of the meeting this morning
There will be a contest in the meet
ing for the first time in many years
hut the principal result will be to pui
Oh record some OF the complaints OF
the minority stockholders. This prob
ably will furnish information of value
to the operators in the fight for tho
| dtqg0lution Of the urODertieS.