, 1874-06-23
The. Atlantic s. Pacific telegraph
. Company VS.. tho Rock
Island Road.
Mr. sollitt Wants to, Got That Land
from Mr.. gcammon.
Conn & Ten Brooke In Bankrnptey.-'
=, Judgments Yostorlay;
supromo Court Opinions.

4 TEILdnArH coMrAHy '. A RAILROAD COMPANY.
Tho eAtlantio 4 Pacific Tolograpl, Company Of
New York hled a bill yoHtorday in tho United
States circuit Court against tho Chicago, Rock
Island d Pacific Railroad Company asking for
An injunction. The Telegraph Company gota out
THAT II frat drew its corporate broalh tho 20th
Of Deoenlbor, 1906; that Its liuo is extended not
only ovor tho Now England ind othor Eastern
6tatos, but also runs through Chicago and
Omaha to San Francisco, md TINT 1t controls
about o5. 900 miloH Of telegraph limos either as
lta bwn property or hold by loaso. Desiring,
to avail itsolf Of tho aot Of CongroBa
entitled, "An not to aid In tho construction Of
telegraph limos, aud to gccuro to tho Goyorn-
mont the uso OF Tho samo, for postal military,
ana othor purposes," approved July "a, 1866, tho
Company 11lod an acceptance Of tito terms OF tho
act as required by INV, md thus subjected itsof
to ita provisions. and became entitled to Its ad-
vaptagca' The, dofondnnt's road was originally
confined to tho limits Of tho Btato. but is now
extended to Council Bluffs, Ia. Tho Tole-
grnph Company. Inns only temporary connoc-
tion as far o. Council Bluffs, and, knowing That
It . would probably terminate in about
i've months, mado extensive arrangements
to build permanent limo Of its own to Council
Bluffs along tho dofondant's road, whore tho line
would connect with the limo to Omaha and San
Francisco, thus making, Il continuous line. In
May Inst 12 .0Qo tologralh-poles wero ordered and
bor Of insulators. Part Of this material was
ahippod by tho defondant'e road md distributed
along tho proposed route. The complainant
tnndo known to tho defendant itB intention to
build along The railroad right Of WY telegraph
regard to tho location Of tho saulc. Tho
Railroad Company, however, made no objections
at tho time. but whom tho Telegraph Company
bcgnn to build the limo botweon lore aud Bluo
island 1t refused to allow it's erection.
Complainant insists that tho dofondaut lna
ayailod itself Of tho act Of Congress- entitled
"An act to grant q right Of way to all rail and
plank roads and maeadan1fzed turnptkoB passing
through tho public lands belonging to tho United
aa such, enjoying :, spocial, privi1ogca; TINT
it has taken public lands for its right
Of way;, mud that 1t docs not, in
short, become such q enehoontfy-on{iowol
over, 1t Is olaimed that the railroad has no right
to prohibit the complainant from building It's
line. The proposed route will uot DO in tho way
Of tho dofondant, but will ratlor atd thin in
turo, It. Thorc is an intimato connection bo-
tween tho telegraph and rairoad. system, and
both should 60 hnnd In hand. In somo OF the
along tho line Of the public highways
but IL all canes mucli trouble Is cauaed by tho
troeR Which nro constantly allowed to grow along
or destroy the insulation necessary to d good
telegraph line. In Illinois another obstacle is
added by tito fact that the right Of building tole-
graph nos along hghwaya s ony granted to
roaldent Of Nov York, could not in any
case enjoy such q privilege, evon were
Il practicable, H.. to A., uao It.: As q third
is not we'll settled, the roads arc puor md often
paas through extensive tracts Of unclearcd land,
and again through forests. Troes aro constantly
In the way, and often to tho annoyance con-
aequent On tho Interruption Of Insulation il
from falling treea. which break the wire and
poles outiroly down.
The claim Of tho Company tint 1t bus previ-
ousIy given permission to another and competing
cause tho Railroad is not competent to grant
away exclusively tho right to build o telegraph
limo along Its route Complainant uilogos that its
interosta will bo seriously damagcd II 1t cannot
build tho proposed line; that 1nessagoB will be
Cd at lis own erponse. It, therefore, wishes
TINT Al injunction may DO made to restrain tho
defendant from interfering with It III the cree
ton Of tho proposed telegraph line, and that 1t
may bo allowed to go on md build.
HALLlTT v. BCAnIifoN.
John sollitt tiled q bill to rclease himHolf from
some Of the incumbsances incurred by dealing
with ]. Y, scanmon. I1e Btates that in 1865,
being ii debt, 10 conveyed Lot 10 In tho g. II
nnacr Marsh, ono Of his debtors, to SECURE pay
mont Of the dobt. The conveyance, though ab-
soluto on its face. was really u mortgage. In
1868. :, complainant borrowed OF j. Y.
scannaon sum sufficient to pay the
Cd. to seammon. In 1870 tho indebtedness
OF sollltt amounted to about $4,000. and Soam-
mon proposed that complainant Should telso tho
ttio to his lAnd, and Instead give T. mortgage
for tho $4,000. Complainant agreed. and OK
ind tnrrtfsnra AnHmlnNn Mt rim inn
giving deaa, This decd, however, was lost,
anu new QUO given few months ago. Hollitt
states thnt ho Las, during the Whole timo from
1865. boon III possession Of the promises in
owling them, haa boon only, !. trustee.
Klmball Assignee, obtained one judy .
mont from soammon for 254, 1859, and anothor
for $16,oeo; Charles Comutoct one for So, 149;
the United statas Mortgage ontered mp q 1uifg-
1nont for $3.50, ,057.25, gold; tho Conncotic,it
Mutual Lilo Insurance Company obtained ton
for $B3, 1922 III tho aggregate, Tlilo several
party. Those numerous Judgments aro appar-
entity liouH Oh co1nplRlnauk'g, lind and clouds on
Ills title, and prevent him from selling the lot.
W. Whegeforo he RTaya rlEht md taqt.co, md that
dcoared to bo no cloud on tho tlllo to his lot.
UNITED STATES COURTS.
Tho Connecticut Mutual Lilo Insurance Com
Iany llou o b1ll against Albert Kilder and wife,
i. 2. Waterman, i. p. Caldwell, Low Wing, ".
Il. Condor. ]. Mcdowell, 4. =. Bishop, Dal,rd l.
Bradley, and 4. NJ. Dunleo, to forooloso q trust
dood fot 80 900 on the N. u Of Lot in D!ook
48, Original Town Of CLlcago. excepting thoro-
from q tract beginning at tho N. Il. cornor Of
Lot O. tlonco eouth 20 feot, thence west 90 foot,
thence north 20 feet, thouoe east 90 foot to tho
place Of beginning.
James Z. 1Iayen q, Co. filed bill against tho
Union AlRlleAblo Iron Company, g. s. ElIis, q,
W. Ieald, and G. 0. Mitchell to reatraln them
from infringing complalnauta' patent for plow
clovis.
BANKRUPTCY 1TEMg.
@. Cowlea Il Co., OF New Havo1l, Conn.,, filed
petition IN banarantoy against tho Coan & Ton
nroeoko Cart'age Manufacturing Company Of
St.6oo gtyou Jau. %. 1874, ulld duo In four
montha. IT ia charged tint tho debtors hayo
boon for six months insoiYcnt and unable to pay
their dobts In full. Tho dcbtors confessed tic
aots charged, and wore aajudicatod bn,ikrupt,
md 1t. u, Jenktna appointed Provisional As
Hignoe.
Thomas ". Burns filed voluntary petition to