The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-07-25

sral Court for the Middle District Of
Alabama. In making his order relative
10 the Injunction petition issued Thurs
day afternoon. by which he denied the
petition OF the Citizens Company SEEK
ing an order restraining the Montgom-
cry Light and Water Power company
from circulating alleged defamatory
& stAtements against the Citizens Light
5 and Power Company, but issued q re-
1nfraining order on the NJ. l.. and w.
p. Co. from holding out promises OF
Indemnity to customers OF the CITIZENS
Company for breaches OF contracs, yes
terday afternoon gave his reasons Tor
his orders In the following opinion.
Statewide interest has been taken In
the case, Judge Jones having received
sages inquiring as to the rulings made
upon the petitions. Ofiiciais OF both
xhe Citizens Company and the MONT
gomery Light and Water Power Com
Information as to Judge Jones. reasons
Cor making the orders issued Thursday
A recitation Of the facts In the case
and the opinion in fun follows:
statement on Facts.
This case Is submitted on bill ana
amended bill and affidavits on motion
Cor 2 preliminary iniunct aSt Hs ae ana p1d
Power Company against the Montgom-
cry Light and Water Power Company:
The former Is corporation chartered
Vi
latter under the laws OF New Jersey.
Tor convenience, they are hereafter
Respectively styled the Citizens company
and the Water Power Company They
are competitors In the business OF FUR
nishing light and power by electricity
70 the people of Montgomery. the
water Power Company was first In the
s3eid. and the Citizens Company was
has solicited the customers OF the otn.
Sr. as well as the business Of the people
Keneraily. OF late. this competition
Has become Intensified. According 70
fhe bills, the water Power Company
has lately put a corps OF solicitors IN
HE Geld to persistently seek the Gus
Romers of the Citizens Company. ana
Snown TO be under contract with It.
Ind has persistently stated, falsely
and maiiciously. that the Citizens Com
Dany Is insolvent, that there were ois.
tensions In Its management: wat ~
would shortly have to go into the nenos
bf a receiver. or go out of business,
and they would have to become GUS
Ssrs th 2, ' could M1 NOT get as
terms as now offered by IT. IL they
would quit the Citizens Company, II
- further alleged that notwItnstanos
that the Citizens Company has brought
SITS action of law against the water
Power Company to recover damages
Tor these defamatory statements, the
Efforts to take over the customers OF
nhe Citizens Company, and stille per-
Eists In circulating the defamatory mat
fer. and through its officers ana spe-
Etal corps of solicitors. persistentiy OF
fers 70 indemnify customers OF the CIT
fzen Company, who are bound to 1t, Tor
y definite term, against D1eaches oa
their contracts, IL they Will so to the
water Power Company, and cease TO
DO business with the Citizens Company;
that the Water Power Company mas
&.-s a
cost to induce customers not to con-
tract with the Cttisens Company, ana
has made repeated publications IN tne
no room here for two companies; that
the Water Power Company was here
40 stay. and that by the means stated.
the Water Power Company is PursSo
credit Of the Citizens Company, to de-
xnoralize and brighten its customers,
20 destroy the good VIII OF the pusi-
ness, and thus to drive Ii out OF the
Kield, in order to secure monopoly OF
she business for itself. The bill was
afterwards amended giving the partic-
Nlara as to the number Of customers
Evho were bound by contract for a def
mite term, and those who were taxing
klectricity at will. but were not bound
6or definite term. the income etc.
THE effect on its business of the con-
duct complained of, and the ability
81 the Water Power Company. by the
unlawful means pursued. to terrorize,
n.
citizens Company's customers to make
abe patronage Of the remainder insult
Sicient to pay operating expenses, ana
Thereby put the complainant out Of
Business, or at grievous disadvantage.
while it Is waiting to recompense "
self by judgment in the law court for
the damage done by the wrongful con-
duct OF the defendant, Is deliberately
detailed. 1t Is further alleged that the
damage to the goodwill of the BUSH
mess cannot be accurately ascertained
at law or compensated In damages.
and that by reason of the premises
accomplishment is without adequate rem
H0y at law and entitled to injunctive
relief. Aside from the prayer for gen.
@ral relief, the bill prays especially
that the Water Power Company and
its servants be enjoined and restrained
from making any effort. directly or In
directly. to Induce or persuade any of
to violate any subsisting contract to
xurnish electricity for. definite term"
1t prays the same relief as to CUSTOM
ers. who have not bound themselves
TO take electric current for any defin-
ito term. 1t further prays that the
Water Power Company. and its repre-
Bentatives be enjoined and restrained
from making, either directly or indi-
rectly for the purpose OF injuring or
destroying the credit and financial
standing or business Of complainant,
oral or written, to the effect that ora
tor Is insolvent or In great financial
straits, or on the verge OF bankruptcy,
or that 1t will very soon be out of
business. or in the hands of a receiver,
or that there are dissensions among
its managing officers, or that 1t will
not be able long to furnish electricity
10 said customers" The amended bill
also prays that the Water Power Com
pany and its representatives be enjoin-
ed from attempting or undertaking
by false or fraudulent representations
AS to the condition of the complainant.
or its ability to perform its contracts,
or by agreement to indemnify or hold
harmless customers of the Citizens
Company from liability for damages
ito complainant for breaches of con-
tracts 10 induce any firm or corpora
fton having a specific contract to take
eiectricity from mplainant for fixed
period as aforesaid, to violate or breach
said contract"
Fred s. Ball. ]. NJ. Chiffon, Gregory
L. Smith and r. T. GOODWIN. for COM