New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-17
HOOKING RECE|VERSH|P
Ordered by Common Pleas Court
in Columbus.
COUNTER LITIGATION TO-DAY
Chesapeake & Ohio Enjoined
from Voting Recently
Acquired Stock.

Columbus. Ohio, May 16.-Attorneys for
the Hooking Valley Railway Company, for
which a receiver was appointed to-day, Will
apply to Federal Judge John E. Safer to-
morrow for an order to head off the re-
ownership ordered by Judge z. D. Kinkead.
of the Common Pleas Court. This was OF
ficially announced tonight.
Judge Kinkead appointed John NJ. Sheets,
formerly Attorney General of Ohio, and
Henry J. Booth. a Columbus attorney, as
receivers for the Hooking Valley under a,
bond of 100000 A few minutes later he
overruled motion to have the case trans
ferred to the federal court
The court enjoined the Chesapeake & Ohio
Railway Company from voting stock in the
Hooking Valley, recently acquired, and held
illegal the last election of the Hooking Val
ley. at which the Chesapeake & Ohio inter
ests asserted their control by the election
of Chesapeake & Ohio men as officers ana
directors of the Hooking Valley.
In the courts Judgment, the Chesapeake
& Ohio was within its rights in buying
Hooking Valley stock as an investment, but
not for the purpose of controlling the COM
pany.
The proposed retirement Of s15.0O0.0OO pre-
ferred Hooking Valley stock is also en-
Joined by the court The decision was an
nounced by Judge Kinkead in suit brought
hv three minority stockholders of Column
hus-R z WestfaIl. Fred H. Schoedinger
and Howard D. Warrington.
The action of the court is the result OF
a fight against the Hooking Valley Railway
Company. instituted by Independent coal
operators of the Hooking Valley, of whose
organization. the Ohio Coal Operators AS
ISOLATION. Mr. Warrington is commissioner
and secretary The operators complalneo
that the Hooking Valley has been dis
eliminating against them in various ways
and that its ownership and control OF the
Toledo &, Ohio Central Railroad, the Zanes-
Vile & Western, the Kanawha q Michigan
and the Sunday Creek Coal Company ana
its subsidiary companies constituted an
illegal monopoly Many of these facts were
recited in the petition filed by Mr. Man
ington and Mr.. Westfall.
The anpointment of the receivers for the
Hooking Valley practically means that
several companies will go into receivers
hands.
They are the Hooking Valley Railway
Company which is a reorganization or the
old Columbus, Hooking Valley q Toleoo
Railroad Company; the Kanawha and Mich
igan Railroad companies. which 1t controls
and the Sunday Creek Company, controh-
ing the following subsidiary coal COM
panies: The Buckeye Coal e. Railway Com
pany, the Ohio Land & Railway Company
the Central States Construction Company
the Raybould Coal Company, the Boston
Coal, Dock & Wharf Company; the Kama
uba & Hooking Coal & Coke Company, and
the Continental Coal Company. There Is
also a GAINESVILLE company, controlling
belt line recently organized. and OF TINS
company's bonds and of the bonds of the
Sunday Creek Company the Hooking Val-
lev Company is the guarantor
The court had already granted tenn
porary restraining order, and. in connection
with the appointment of the receivers
changed the temporary restraining order to
temporary injunction
The board of directors chosen at the cleo
ton last fall the court says. was not law
fully chosen, and there is at present there
fore no legal record of directors OF the
| Hooking Valley Railway Company.