New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-08-29
LOCAL MISCELLANY.
1GTTS OF TELEGRAPH COMPANIES.

RIGHTS OF TELEGRAPH COMPANIES.
THE WESTERN UNIONS ATTEMPT TO PREVENT COM
PETITION DEFEATED IN oHIo-EFFoRT IN THE
DOwLEY SUIT TO INVESTIGATE THE ACCOUNTS
A private dispatch was received yesterday
by the officers the Atlantic aud Pacific Telegraph Com
pany stating that Judge Bingham of Columbus, Ohio,
had overred the motion made on behalf of the Western
Union Telegraph Company to set aside the decision OF
Judge Green, rendered July IL, In which exclusive
grants 10 telegraph company were declared 10 DC
against public policy, ard therefore void Judge Bihg
ham, II stated takes the view of the matter as
that advanced by Judge Green, namely: That
the contract between the Western Union ana
the railroad company Ghe Central Ohio was made nnder
misapprehensOn Of the powers OF the latter 10 maze
such contracts that under consideration III "nch IL
was agreed that the railroad company shouid FURNISH
tho poles and pay stipulated sum for one wre' lSuU
mepts &C. furnished by the Western Union; aso' tnat
at all places where the ralroad company shall Lave
telegraph office aud the telegraph company snail nor,
the person having charge of the Office shall Se and
.end al messages that may be offered, he bang pd
therefor the usual tariff and shall pay over to 'he i"e
vrapb company one-haf Of all the money thus received
and shall account and obey the rules of the
company pertaining to said business
This Judge Green argues is in the nature OF apartneI
ship between the contracting corporations, and II the
railroad company ay, by contract with telegraph
company operate line Of telegraph for the transaction
Of the general public business the line OF ITS road II
nav also operate the whole line Of telegraph for hre
but this il cannot do for the that 1t had not the
corporate capacity to carry such business But II the
railroad company had been authorized 10 do telegraph
business and had the capacity to make contract 10
carry it on in partnership. the contract wouu SUN oe
yOd, because the management OF the business was py
the terms of the contract to be under the exclusive
direction and control of the telegraph company which
would contrary TO the terms OF the act uhuer WHICH
linen ted
Another clause in the contract was as follows "Tho
railroad company not TO permit any other telegraph
company or individual build operate line of tele-
graph along it, road any pert thereof Judge Green
which affects nlunOusy the right OF the telegram com
pany TO he protected from competition ny rUa emteI
Bat on the other hand the only duty the railroad com
many is bound 10 perform is to furnish and put Up one
wire With set Of Instruments, for which It receives
payment. There is nothing to prevent the ran.
road company from abandoning the contract at
any time it may think proper. In tins
he thinks there is manifest ai,sece OF nutuihH me
contract cannot De executed so as 10 secure 10 the ran
road company the benefits contemplated TO inure IT.
while il imposes that corporation burdens lnVoNms
large expenditures from time to time wlleonI any cor
responding advantage or compensation IL IS hald ui-
just and oppressive, and tie application 10 eofce ~
injunction does lot III NY OPINION, oonr ~ ms
by the dictates of conscience or the prlnclpes % JUS
toe" Again, "the pubic nave MeeP iFeltSa nc
communication, and il would he inequlIabe that INC
rchts of the community should be sacrificed to insure
the alleged privileges OF the pln'lu nOi an I o
damages In view OF the facts OF the case, showing
ested in he contract that the pubic at large nave
deem interest in it, II wOuld in opinion. he an uwr
rariable exercise of power in court oil cheeiy 20
grant Injunction" ID, A, ,,
The decision of Judge Bingham overruling the motion
of the Western Union Company 10 set aside judge GREENE
decision viii enable the Atlantic and Pacnc IelSfaph
Company il is stated, to make use of line OF wire
throngh Ohio that has been Idle since the beginning OF
this wear Ii il also regarded By TIC managers 81 te AT
lautc and Pacific Company special triumph IN ther
efforts to establish lines all parts OF the country III
competition with the Western Union ana III Inc interest
oflow telegraph rates. ,. A.
In relation TO the suit Of Levi A. DOwley against the
Western Union Company brought 10 prevent thc pay
ment of the last quarterly dividend Of That CompanyN
il stated that several stockholders intend 10 JON nm ID
his efforts 70 obtain all the facts in relation 10 the recent
Transactions of the company now That they Tea1c inc
Determined opposition the officers making III Is also
stated that whc1 the question OF granting an Ofdcf re-
aurnC company 10 produce all lis books showing &c
rlps and expenditure for the first SIX ntnths OF TIE
current year. before the court. President OftoD
stated TO plaintiffs counsel that such an order Was
wholly unnecessary, every book and paper IN inc
Office bearing upon the subject would he placed before
the counsel at any tlne he nSDt uesShaatt'
AS this order made publicly III open court MI
Guiteau tine counsel Ct bound to accept it, ut on SUD
seancuy going 10 The Western Union Oce Tor the pur-
pose lie Was informed that the favor could not Je
Granted him as counsel No objection would be made 10
him individually lOOkin Cover the papers, bat an lnNes-
cation could not be made by accountant without an
order fruIs court This the defendants counsel now De
Ieve they Will able 20 obtain when the case comes UP
l.ain sept. D.