The Birmingham age-herald., 1911-10-31
SWEEPING BILL IS FILED AGAINST
 SOUTHERN BELL Temporary Injunction Is Issued Against Increase
 in the Rates
TO SHOW AUTHORITY
 FOR USING STREETS
State Also Attempts to Prevent Bell Company From Acquiring Con- trolling Interest in the
 Peoples Company

The anticipated injunction against
 the Southern Bell Telephone company
 to restrain that company from putting into effect rate increases tomorrow was . issued yesterday. The petition was filed in the name of the state of Ala
 hama ex rel R. c. Brickell, attorney general. The writ of injunction, which is answerable in 30 days, was author
 ized by Judge E. c. Crow of the cir
 cult court. The writ was served by
 the Sheriffs forces at 12:01 o'clock yes terday afternoon upon D. F. Turnbull, district commercial manager of the de- fendant company.
 The bill is sweeping in its prayer in | that it is sought to enjoin the com pany from increasing rates, from buy ing a controlling interest in the Peo-
 ples Home Telephone company and to
 require the company to show cause why the streets, avenues and alleys of this city are used for the poles. wires, cables and other physical prop critics of the defendant corporation. It is alleged that the company has wrongfully usurped the rights enjoyed
 here and that a permanent restraining
 order should be granted in order to protect the people from the tyrannical oppression of the corporation"
 Governor O'Neal's Instructions The bill was issued by Attorney Gen
 eral Brickell only after Gov. Emmet ONeal had approved the action and conferred with local attorneys as 10
 the injunction. The letter of Governor O'Neal instructing Attorney General 'Brickell follows:
 "October 2S, 1911.
 Hon Robert c. Brickell, Attorney Gen. eral, Capitol:
 Dear Sir-You are hereby author ized and directed to institute and prose- cute, in the name of the state of Ala
 bama, suit or suits. at law or in equity, either or both, with the purpose and oh- ject of having it judicially determined as to whether or not the Southern Bell Telephone company have any, and what, | franchise, privilege or right, to main - l tain and operate telephone system within the city of Birmingham, Jeff l ferson county, Alabama; and whether
 
 privilege of franchise to use the streets, avenues, alleys or public places in the said. city of Birmingham
 tc confine the said the Southern Bell | Telephone and Telegraph company, I within the exercise only of it's lawful rights, privileges and franchises within
 the said corporate limits of the city of | Birmingham, and within it's charter
 powers and privileges given it by the I laws of the state of Alabama; to pre- vent enjoin and restrain the said, the
 Southern Bell Telephone and Tele-
 graph company, from consolidating
 with, or holding a controlling interest
 in, the stocks or bonds of the Peoples 1 Home Telephone company, or from acquiring by purchase or otherwise, l any of the lines of the said, the Peo-
 ples Home Telephone company, and
 to enjoin, restrain and prevent the
 said, the Southern Bell Telephone aEG l Telegraph company, from charging or collecting from any of it's subscribers
 or patrons, or from the public gener-
 ally, within the city of Birmin gham, | any greater rates, tolls and charges | than those rates, tolls and charges which it had been accustomed to col feet immediately prior to, to-wit, Sep tember 29, 1911, for its public telc- phone service within the said city Of
 Birmingham; and generally to prevent.
 enjoin and restrain the said, the South ern Bell Telephone and Telegraph company, from wrongfully exercising. intruding into or usurping, any fran chise, privilege or authority, within
 the said city of Birmingham; and to cause it to remove or have removed from the streets avenues, alleys and