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

be, that such negotiations have proceeded to such an extent that an agreement or arrangement, expressed or tacit, has been arrived at between the parties making said negotiations, which, unless restrained by the order of this court, will be car ried into effect, and the respondent, the Southern Bell Telephone and Telegraph company, either in it's own name, or in the name of some other person, corpora tion or firm, will acquire, by puronase or otherwise, the line of the said Peoples company, or will acquire such an interest in the capital stock, property or owner ship of the said Peoples company as will give it control of the line of said Peoples company, which Is a competing line to that of respondent as aforesaid.
 Cite It to Respond
 "The premises considered, your com- plairant prays that the Southern Bell Telephone and Telegraph company, body corporate. be made a party respond ent to this bill of complaint, and that process or subpoena issue to 1t accord ing to the rules of this court, requiring it. at cording to such rules. to plead, answer or demur thereto within the time and in the manner required by law, and upon de- fault thereof, that this bill be taken as confessed against 1t.
 That your honor will grant unto com plainant temporary injunction against | the said respondent. restraining and en- joining the Southern Bell Telephone and Telegraph company and it's officers, agents and employees, and other persons | acting for or in it's behalf from put ting into effect, in the city of Birming- nam, said proposed telephone rates | shown by Exhibit B aforesaid, and from putting into effect in said city any other or higher rates than those mentioned ! in Exhibit A aforesaid, and now being | received by respondent in said city, and from taking any further steps or action | looking to or having in view the increas- ing of the said rates charged for and | during the several months next preced- ing the filing of this bill, by said respond | ent to its subscribers or patrons in the | city of Birmingham, and from failing or | refusing service or the use of its tele- | phones and connections to any subscriber | CT patron now existing. or persons applyy | ing to be subscriber or patron of re- 1 spondent in the said city of Birmingham | who pays or offers to pay the rates now | obtaining and charged by the said re- | spondent and shown by Exhibit A arore- said, and who complies with the reason- able regulations adopted by the respond ent for the conduct of its business. and I agents, employs and other persons act | ing for or in It's behalf from collecting
 CT seeking to collect from any of it's pa- | irons or subscribers in said city, or from any person or persons in said city
 who apply to be patrons or subscribers
 of respondents telephone service In said city, the said unreasonable and excessive
 rates, and from exacting or seeking to l exact require of or from any sub- | nt, r1af afpOr, ne | isting in said city, or who may hereafter
 seek to become subscribers or patrons in
 said city of said company, any contract
 or obligation to pay any rate charged in
 excess of the said rates or charges shown
 oy said Exhibit A, as a condition prece-
 dent to furnishing said patron Or sub.
 soriber public telephone service within the
 sad city of Birmingham, and that said
 temporary injunction be made effective
 until the further order of this court; anG
 restraining and enjoining until the fur ther order of this court, the said respond ent it's officers and agents and employees } and all persons acting for and in its be. } half of interest, from taking any steps l or action looking to or having in view
 the acquisition by the respondent of tn, | lines of telephone now belonging to tn, Peoples Home Telephone company. oI rom acquiring or seeking to acquire
 PG0 pies Home Telephone company.
 Make Injunction Permetual
 That upon final hearing in this cause a decree be passed that shall make Der petual the said temporary injunction. ant
 that shall declare and decree that tn
 said proposed rates which the said re spondent is seeking to install and nut int,
 effect in the city of Birmingham, are un reasonable and excessive rates, and shoul, not be put into effect or maintained i, ! said city, and further declaring and de
 creeing that the rates now being charge, by the respondent to or against the citi zens of Birmingham, are sufficient fo the service rendered and should not b exceeded; and further declaring and de
 creeing that 1t is unlawful for the re spondent to acquire the line or the busi
 hess, or a control in the line or busi ness of the said Peoples Home Tele o phone company, and that sucn acau;si = ton will not be allowed