The Birmingham age-herald., 1911-10-31

convenience, immense and irreparable pe- cuniary loss in business and otherwise; and, in case of sickness. much physical risk. danger, pain and anguish, and the damage suffered thereby will be irrepar able.
 "Should any suit or proceeding be in- stituted by any one or more of the said subscribers or patrons of the said respond ent less in number than the whole, with the purpose and object of compelling the said respondent to furnish him or them, within the said city of Birmingham, with such service at a reasonable rate there for and not at the said excessive and un- reasonable rates shown in Exhibit B, and were successful in said suit, and he or they were thereby enabled to obtain such service at such lesser rate or rates than those shown in said Exhibit B, he or hey would thereby be placed in better situa- ton than the remainder of such subscrib CTS or patrons now existing or who may hereafter become such, and would thereby be enabled to obtain a discrimination in rates which would be unjust to the public generally, and it would be impractical, if not impossible. for all of the said interest ,eed parties to join in one suit, or to bring separate suits to secure uniform, reason able rates for such service.
 Peoples Telephone Company
 ''The Peoples Home Telephone com pary is a corporation organized under the laws of Alabama, with its principal place of business at Birmingham, Ala, and it was organized for the purpose and object, and as the charter powers of con- stiuction, maintaining and operating the public service telephone business for hire, and has been for a number of years and is now operating a public service telephone system for hire within the said city of Bir- mngham, and 1t has in force a scale of rates for said service which are shown by Exhibit c hereto attached and made d part hereof.
 "The said Peoples Home Telephone company, hereinafter for brevity called the Peoples company, was, by consent of the proper authorities of the said city of Birmingham, on. to-wit, the 9th day of July, 1900, granted the franchise for con- stIucting and operating its said telephone system including its poles and wires on and along the streets, avenues and alleys of the said city, and subsequent to said time the said Peoples company duly con- structed it's said system and erected or caused to be erected poles and wires on and along certain streets, avenues and al leys in said city, being duly authorized thereto as aforesaid, and has continuously since then maintained and operated and Is etill maintaining and operating it's said telephone system and furnishing servict to divers persons, firms and corporations in said city, at the said rate for service shown by Exhibit c aforesaid.
 And said rates, Exhibit c aforesaid were fixed and adopted by contract be- tween the said Peoples company and the mayor and aldermen of Birmingham ant were fixed and adopted as one of the con dtions upon which it's right to maintain its said telephone system was granted bl the said city authorities. The said Peo ples company has been and Is now en f, fha faIa hTsc fOro said in said city, and is an active com petltor of the said respondent, the South ern Bell Telephone and Telegraph com pany, and is maintaining the rates f1xet by its said contract with said city, anC the same are very much lower than tn rates now charged by the respondent, tn Southern Bell Telephone and Telegraph company. for similar service
 ''Compainant is informed and believes snd upon such information and belle alleges the fact to be, that during tn last few weeks negotiations have beel pending between the said respondent am the said Peoples company, or between some officers or agents of said respond ent and officers and agents of the sa Peoples company, or between som other parties acting with the knowledge consist or connvance of said two cor porations respectively, and said negotia tians have to end in view of vesting i the respondent the control of or a cor trolling interest in the said Peoples com pany or in it's lines, wires or business end that this Is sought to be done ethe Directly or indirectly and by some meth cd whereby the respondent either i its own name or in the name of som enc or more persons who shall act 1 its interest. and as it directs, shall hay a controlling interest, or the entire con trol, in the said competing line of tn Peoples company. and respondent is ir formed and believes, and upon such r formation and belief ayers the fact {