New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-31
THE COURTS.
TELEGRAPH RIVALRY.

TELEGRAPH RIVALRY.
POINTS IN THE DECISION GRANrISG AN INJUNCTION
AGAINST THE USE or 1HE WIRE BETWEEN GIN
CINNATI AND PARKRRsBURG BY THE ATLANTIC
AND PACIFIC Company.
CINCINNArI, March 30.-ln the Court OF Com
mon Pleas Of Hamilton County, Ohio Judge BurDet yes
terday rendered decision In the case OF the western
Union Telegraph Company against the Marietta and Gin
ennati Railroad Company, the Baltimore and Ohio Rail
road Company, and the Atlantic and Pacific Telegraph
Company. granting perpetual injunction against the
use OF a wire recently erected between Cincinnati aud
Parkersburg by the defendants Following the prin-
cpal points
In the year 1857 the Marietta and Cincinnati Railroad
Company, originally organized, entered into CON
tract with Amos Kendall Others partners, under the
of the Marietta and Cincinnati Telegraph Company
stood on the line of the Marietta aud Cincinnati Rail
road Company from Marietta Ia Cincinnati and for the
enjoyment and OF the Telegraph line thus 10
be put up and Of the lire that already strung
these poles. subsequently, TO the agreement
with the Cincinnati and Marietta RliirUad Company
Kendall and his associates assigned To the American
Telegraph Company heir rights, and TIC contract OF the
Western Tel graph Company which company cohuoed
a line from ParkersbCrg TO Baltimore under contract
with tha Baltimore amt Ohio Railroad company, was a,so
assigned To tue American Ielcgraph company. Inc
original contract between Kendall aud his associates and
the Marietta aud CINCINNATI railroad provhes S1gs,L
italy for the use OF the lne OF the Marietta ana Clhc-
for general through business OF eegrapnnS 20
business was secured railroad company the latter
viu2 the right for IT'S own business the line OF
the Western Telegraph from wheeling 10 baunloFe' ana
TO send its messages lines connected With that line
The telegraph company to have the right 70 use the
wire line OF the Marietta aud CINCINNATI Railroad
for all through business, so that IN fac was an grse
for the joint common use OF tls line o teie
graph the right Of way OF tue railroad company Tor
the time specified IN the contract to W.T. 80 years. Win
for the extension OF the contract after the
expiration OF that time, suJect 20 the gAt OF either
party terminate 1t at one years notice. inc Aner
can Telegraph Company having purchased OF amos
Kendall and associates, well tner interest ia the
Western Telegraph Company as in this contract
assigned to the plainrh, 50 that the pialntin oe,
under the original contract, with the capacity
OF performing all It's obligations. No" the rail-
road company without consent OF plantn Las petntted
united with other defendants in putting up fourth
wire. since the reorganization OF the company
which bought the road WITH line Of telegraph on IL
they have acted under the provisions OF the contract on
sides, party extending money under IL ana IN
all respects recognizing its validity and continuance IL
wondbe negotiable TO say either party "as not Douhu
Oy It's provisions. ,,,,s
il not III condition To fulfil It's part OF the oolga
ton contract and that one Of the eheI purposes
which the agreement was originally made Was tbas
the railroad company might nave the use OF teieeraph
beyond the terminus Of the road at Marietta 70 bal
more and 10 the connections OF the Western Telegraph
Company beyond that point IL - e'met. tn.t te ,Igns
of the Western Telegraph Company under IT'S contract
with tue Baltimore and ONO Company has ceased that
tue contract between them was 10 suDslsI only as ous as
the Western Telegraph Company existed as telegraph
company, and that that company has expired by the
limitations vi lis charter, and tlaI, therefore,
the contract Is at an end; and mat the western
Union graph Company the assignee OF the western
Telegraph Company. has no longer any rights over the
road and cahnOs transmit the MESSAGES OF the
IucIn
therefore tue plantn, being unable To perform It's oD
non uuer tue contract, has right call tho de-
PENDANTS perform Their OUlgats and - not entitled
10 an Injunction. Here arises the NEST dicut point OF
tae clse is Ia evidence that On the 4tA
day of February last the CHARTER Of tne western Tele
gpa COMPANY expired BY limitation. LII tue St causo
of the contract there is s prOvlsOn In tue event OF
rIe al OF the said Telegraph Company or VO!un
tnFy ssiens-o their par the said railroad com
many SHALL charge 9f the lcgaph ,ne duu appurte
nances until the said Telegraph company shall re-
sumo it's operations. and II Is expressly I'M
,erstOod that interest III the Telegraph company
sIaII be asst nabe 10 impair the rights of the
railroad company under these articles OF agreement"
The cles provided Tor the erection Of line OF posts
and wire by the railroad company, ana that when
rrced they snail be the property OF the telegraph CON-
Ionv and the TO contemplate tue rlght
on the part OF the telegraph company To make ali assign
nrrt of all its rights under tie contract 10 any otner
company, which would IncIude the assignment Oi ai tAo
uup,tc posts, wires, &c, on The road AMI therr no
nrovison contract iOr the reyCrtnS 10 the COM
pauy OF ae properly ia case OF the dissolution % the
telegraph company.
the whole oi IT, although that portion just referred 20
contains the grant from the railroad company 10 the
telegraph company and the construction given by tie
court 10 language that so long a. the Telegraph
oblI5arion under tins contract, the contract SHALL sub
sist inns IL general effect OF the contract, fof II
does contemplate dissolution Of The Telegraph
company, yet a subsequent continuance or the
an assignment it would not De necessary tuat the tcie
graph company should resume There j. evidence Tend
M To show mat since 4En Of February steps have
been .ahen the reOrgin ZdtlOn OF the western Iele
con tract to 10 that lOng Western Telegraph
Company and its aSsignecs perform the contract the
contract .ubsists l1t the piintr has The rhJ 20
claim injunction against the defendants ~ prevent
tract WITH Kendall his associates FOR through bust