The Little River news., 1922-03-04
Rival Light and Traction
 Companies GO Into Court

l Ft Smith. Feb. 28.-Hearing on an
 application filed in federal court here
 yesterday afternoon against the De-
 Queen Light and Traction company by w. l.. Curtis, receiver of the Common
 wealth Public Service company, re-
 straining the DeQueen company from further interference with customers
 and trade of the plaintiff company, will
 be heard before Judge Youmans, March 15. The city of DeQueen, Arkansas is
 also named as defendant in the com plaint.
 Immediately following filing of the complaint an answer and mo- tion 70 dismiss was filed by the de-
 fendant, and Judge Youmans grant ed the parties a preliminary hear ing. At it's conclusion Judge You. mans said it seemed to the court that there were questions of merit on each
 side and that he would not issue an order until he had time to study the matter It was then suggested by the court that the matters in contro- versy be allowed to remain in sta tuo quo until March 15. The de- fendant company objected to such an order, on the ground that it had contracts for furnishing service which obligated performance before that time. One of these is with the Kansas City Southern railroad, ef fective March 1.
 After asking attorneys represent ing both ides for suggestions as to a way out of the difficulty and none forthcoming, Judge Youmans an- nounced the case would be set for trial Monday, February 27. This brought objections from counsel in- Volved, one of them remarking it was necessary for him to go to Chi cago and that he would be unable to return by that time. Judge You mans reiterated that the case was set for trial on February 27 and remarked that he did not know what the attorneys capacities for were, but that he was testing them in that respect by giving them an early trial.
 The judge proved himself a good salesman as few minutes after he left the bench counsel approached him and said they had reached an agree ment whereby the matter would be left in statuo quo until March 15 and re- quested that the case be set for trial on that date. Judge Youmans agreed land ordered the agreement reduced to writing and an ordre was issued ac- cordingly.
 In it's complaint the Commonwealth company alleges it is the owner of an electric light plant in the city of De- Queen, Arkansas, of an original cost |of $125,O0O and that it operated it under franchise issued by the city of DeQueen from May, 1918, until May, 1920, at which time the company went into the hands of receiver. The re- ceiver found it necessary, it is alleged to conduct extensive improvements in order that better service might be giv- on.
 The receiver alleges that on Janu ary 22, 1921, the commonwealth com
 pany surrendered it's rights secured
 by the franchise issued by the city and Eoperated on an undeterminate permit. | It is then alleged that on June 13, 1921, the city of DeQueen granted a franchise to the DeQueen Light and Traction company to operate in the lefty of DeQueen and that as re- suit of such company's operation the commonwealth company has had it's service and property injured and loss of patrons.
 { Operation of the traction company Pis claimed to be in violation of con- I'tractural rights gained by the com fmonwealth company under it's undeter-
 minate permit and it asks that an in- junction be issued restraining the De- EQueen company from extension of it's operations.
 ' Answer filed recites that the trac- |jtion company, under authority
 granted it by a franchise from the
 city, has already expended about
 $2O,OOO in equipping its plant and ithat it has entered into contracts Pfor furnishing service, naming speci-
 cally the Kansas City Southern rail-
 road which it says it has agreed to
 serve beginning March 1. The answer
 alleges also that the plant of the con-
 monwealth company was erected in an
 extravagant and wasteful manner. It