New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-03-04
MORE TELEGRAPH LITIGATION.

ME-. GARRETT ACCUSED OF CONTEMPT
Judge FREEDMAN ORDERS HIM TO SHOW CAUSE
WHY HE SHOULD NOT BIZ PUNISHED FOR N"l
oBrYING THE ORDER OF last sATUEpAY-lHE
Union PACIFIC's REPLY TO The WhSIiKN
UNION STATEMENT.
In the latter part of last week the Atlantic
and Pac fc Telegraph Company obtained an lhJuhcuo"
,p the superior Court against the Baltimore ana ONO
Railroad Company restraining the defendant from inter
fering with taking possession OF tie hhes Vi 'o
graph operated, maintained or used by sald p"lh''H
along or upon the railway lines OF SAID deIth"dh al"
from recurring said plaintiff TO pay for the trans
portaton OF men and material employed IN ana ABOUT
repairing said plaintiffs said lines of telegram alons
The said railway lines" Yesterday Judge Freedman
granted an order recurring John W Garrett the pfes'
dent Of the Baltimore aud ONO Railroad company 10
show cause tomorrow morning in special 1eFH WY hc
should not be punished Tor cont npt OF ue
order issued on February Is. The contempt
"a set forth in the order, consisted Of taking
possesson on or about February 90 1850 OF the nes
OF telegraph which up 10 that time had been operated
by the plaintiff the lines Of railway belonging 10 the
defendant by cutting the wires Aforesaid on OF a'ou
Febrnarv 20 1850; by disturbing and break
ing on said last named day the connections
between said wires and the remaining wires
OF the plaintiff and connecting the wires so
ent with the wires Of the American Union telegram
Companv" and also for negectng TO Greet dttenaah'
emplo. G. 20 carry out the order.
Adavits we're presented setting forth the service Of
the Injunction upon Mr. Garrett and Mr. Tinker
HE announcement Of The defendants company.
President A. p. Chandler, OF the Atlantic
md Pacific telegraph Company, makes all
navit that he first learned OF tho ineIrup-
ton Of lines by the defendant on February 20 ana
he would have known it IL any had Occur oeiie that
time On the evening Of that day De was informed by
teegiams from various OF the plaintiffs employ 6 Of the
acc OF the defendant in taking possession o.
the telegraph lines which up to that time had
been operated by the painuh Ii would
have been easy, Mr. Chandler AYERS Tor Mr. Garrett
after the Injunction served upon him. u nave COM
inunicated with Washington, Penn. Washington, D. c..
Baltimore and Chicago and by such means 10 have pre-
vented the acts injurious to the lines OF the plaintiff
complained or Mr. Chandler claims that unless the
plaintiff company speedily be reinstated In It's
alleged rights the injury to II will be al least 100000
The notices sent TO the plaintiff company By Messrs'
Garrett and Tinker last saturday are set forth Inc!
give notice that "the Baltimore and Ohio
RAILROAD Company in the exercise OF the op-
ZION granted TO It by your company, has
determined TO take the telegraph poles and wires
erected by your company on the lines OF us railroads
and connections. and 10 terminate the license under
which your company has been operating those wires
end its telegraph business over the wires Of
lie Baltimore and Ohio Railroad Company. Notice Is
given that the latter company VIII take possession Of
the wires on March l.
The Western Union Telegraph Company yesterday
obtained from Justice Daniels, IN Supreme Court
Chambers, a temporary injunction restraining the
American Union Telegraph Company from running
wires through wasbington-stp between Cedar and
Yesey+ts.
Judge Dillon Of counsel for the Union Pacific Railroad
COMPANY declined yesterday to make a reply to the
published statement of the Western Union Company
lie said, however, that his Oplhlon nae been
given TO the railroad company before me
Telegraph lines were seized nv tne c0mpanN'
au1f hat therefore
Union COMPANY that the opinion had been ID Justhcd
lion OF the iecent seizures " was incorrect.
At the railroad cOmpapys office 1t was sald that tDe
Irnton CnmDany's statement was fun OF iuaccu
races. The claim that the western Union " Du
owns operates and maintains It's own lines upon inc
10 the lines In the possess sion OF the company II
referred to the Western Union Line 1t was deceptive
Tor that line mad not been Disturbed me company
disputed legal right OF the Western Union to Ope
rats line along the road, bun thst question woud
be settled at law The lines leased 70 the AIahqc ana
and had been always under the charge OF Its
superintendent OF telegraph: The lease which had
been made 10 the Atlantic aud Pacific Com
many the railroad c mpany competent, under
fs charter to make. II therefore bad taken fu pos
session of the line II had built which was now open 10
kansas Pacific the lines had been built by the railroad
company which had bought from the telegraph com
, pHu Of the work Afterward the telegraph
company allowed 10 stretch Two wires
along the line but il was stipulated that the raroaa
company should take possession OF these az any 0e on
aynent OF inc cost price The Western Union COMPANY
do rot DENY this hight in regard TO one wire the ran
road company claimed the right to az. -,
the Courts The action OF the railroad company
the advice OF lis counsel ana was Hade
absolutely by the demand by the American
Inon Company do business along line OF road In
eoDeuson VI was said that the Western Union Company
rife under charter compelled to throw open ts
iines to the business OF the whole world