Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-04-14
THE TELEGRAPH TROUBLES.
The Court Orders Jay Gould to Let Go
His Held.

Tho Court Orders Jay Gould to Let Go
His Held.
Omaha. April Numerous Injunction
suits iDsti, uted in Nebraska. Kansas. Colo.
'adO and Missouri by the Western Union
Telegraph and Atlantic and Pacific Tele.
graph c"mpaDies 10 recover their llues
seized hy order of Jsv Gould on the rail-
roads under bis control 10 I, ose s,stea, were
all before Judge McCrsry Of the United
States circuit court Gate secretary al war;
y, 81. Louis last week The Injunction
procured BY the Western Uuion company
protecting its wires from interference on
he line and bridges of the Union Pacific
roai was sustained ny Judge McCrarv.
There WAS great contest 10 the suit by
he Atlantic and Pacific telegraph comps.
nv against the Union Pacific railway com
any and American Union telegraph
company. This suit occupied three DAYS
and was argued by distinguished counsel
"n both sides and the whole question OF
he right nf the railroad companies to take
rossession eummarily Of the wires of q
telegraph company without the intervention
1T cHu'ts OF Justice, was presented. Differ
rnt iDjunct,nD cases 10 the states nam. d
were therefore ordered to abide The resu,
of the fnd,nes Of The court upon this
question. To-day Judge McCrarv fled
ma opioion in the case 10 the
United States clerks office here, which
is very full. The court first reviews the acls
Incorporating the railroad and then sets out
the terms OF the contracts between the par
Ties and states that as a consideration for The
contracts the railroad received II 500 shares
| of the capital stock Of the Atlantic and Pa.
cific telegraph company. He gives the -ub.
stance of the bill and relief sought and
refers to the acta Of the railroad company III
cutting the wires. He then considered the
question of the contracts, and after revew-
rug various authorities cited by the c, ,un-el
On that point, and particularly the recen,
decision in the United States supreme court
IN the case of Thomas against the West
Jersey railroad company, holds that the
charter of the Union Pacific railroad COM
pany, ~ contained in the various acts Of
congress, imposed upon railroad companies
certain duties and obligations in reference
to telegraph lines which could not be alien.
atpd, hut that the contract. cannot be se,
ABIDE and possession Of the property resum.
I'd by the railroad company without regular
proceeding in Law, wi,h the right of appeal
He also holds that consideration havirl
l.een paid, the contracts are not to be re
-cind.d without returning tito the telegraph
Company, aud that an injunction will h
grsnted to preserve the pr perty in posses
sion Of the party who leased it, until reci
aion Of the contract can be had BY due pro
cess Of Law aud the return Of the considera
tion received.
i He closes his opinion ~ follows:
I am clearly OF the opinion that TIE rail
road company cannot be permitted to ous
the plaintiff from posaes-ion without proces
OF law. The injunction heretofore granite
will be so far moderated AZ 10 make il clea
that the railroad company ia 1t liberty I
institute legal proceedings, either by Gro.
bill in the Gaze, or otherwise to cancel an
lay aside said c ntrscts up, the return
consideration and 70 setlle and adjnat upo
principles Of equity the accounts betwee
!, , the parties.
The effect of this decision ia to return II
Telegraph companies all Of the lines .eiz,
by the different railroad companies in Il
states vert Of the Missouri river and ref
, the railroads 10 the COURTS to conteet u
d rights thev may obtain to termina the
= contracts with the telegraph company.
= would seem that the Union Pacific ,ailro'
II company must frat return the considera,i'
'e il received from the Atlantic spd Paci
re telegraph company (l7,S00 shares Of
atock) b fore .eeking to terminate the co
of tract The Indications are that very ~
% ,rac,ed litigation is to follow. M.anwh
: po-ses.ion of the telegraph linea will be
Or gained Nv The tel.e rnph companies.