The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-03-25
tween independent telegraph companies.

tween Independent telegraph companies.
Very respectfully, 4
CHAs. A. TINKER, Superintendent, &c.
But 1t may be replied that notice under
the agreement set up in the affidavit OF
Mr.. Garrett was unnecessary, and that II
was only given through courtesy. Wei
ply the same courtesy should have
prompted the party to have been govern.
ed by his notice in respect to time. But
we find that instead Of being governed by
the time fixed in It's notice-the first oil
March-as the time when 1t would take
possession; 1t took possession on the very
day the notice was given, to wit, the 2Sth
Of February. The bill says nothing about
notice. BY the showing OF the plaintiff
though as q part OF one OF the afidavits
on which 1t relies 10 support the bill, hav.
ing given the notice 1t Is question with
US whether 1t should not be bound by Its
notice.
But again 1t is shown by It's afiidavits
luther than the line OF the Baltimore and
Ohio Railroad Company was not run along
Market street in the city OF Wheeling
from Fishers foundry to the Mcclure
House, nor west on Fourteenth streetfrom
Market street, nor on the streets north OF
Fourteenth streets, and therefore that por-
ton Of the lines Of telegraph running from
Fishers foundry up Market street to the
Mcclure House, thence down Twelfth
street to Main, down Main to Fourteenth,
down Fourteenth to the depot OF the
plaintiff is not on the right OF way belong
ing to the plaintiff as railroad corpora
ton. The atiidavits on the part Of the
defendants show that the line passing
along the streets indicated was created and
is owned by the Atlantic and Pacific Tele-
graph, nor is this denied by the bill nor
the affidavits OF the Plaintiff.
The bill alleges that the complainant Ia
engaged in the business as owner and
operators OF telegraph wires, Of transmit
ting telegraphic messages for the public
for certain fees, paid for the same, &c."
The court will take notice OF the charter
Of the complainant, which is one for rail.
road purposes alone. Under 1t plaintiff
cannot do a general telegraphic business
for fees or compensations, and in doing 50
1t trapscends lis powers. Hence in this
respect 1t cannot receive the sanction OF a
Court OF Equity. For the reason given,
and others which might be given, but
which are unnecessary TO mention in view
OF what has been said, the motion to dis
solve will be granted.
Within one minute after the opinion
dissolving the injunction was given, q
messenger was on his way 10 the law
Office OF Cochran 4 Cochran, on Market
street, where twenty or twenty-five tele'
graph men, fully equipped with climbers
were awaiting orders, and these were told
to go, and they went, and within i've min,
utes after the opinion was delivered al
the poles from Twelfth to Main street, by
way OF Market and Fourteenth, had 6
man perched on it busily engaged in cut
ting the wires and dropping them on the
pavement. None were spared. Not ever
that exclusive Telephone wire to Bellairt
by which the latest exclusive reports are
obtained" and at II o'clock thepoles vert
bare. Never was work done quicker o.
better. At once the men were at worl
again, and such other wires as were neces
sary for the purposes OF the Western
Union and the Atlantic and Pacific Tele
graph companies were replaced. The
latter company, apprehensive that an at
tack would be made upon them, had eacl
pole along the whole line guarded by ont
or more men, and these guards are still OF
at this writing
At 2:S0 o'clock Mr.. Hubbard, OF the
counsel for the W. U. & A. & P. Co. 8 reat
a lengthy bill reciting the ownership, &c.
OF the A. & P. Co. in the property ant
their apprehensionsof an attack by the B
4 o. upon it for the purpose OF recovery
and asked for an injunction restraining
that company from interfering. The in
junction was awarded with the usua
bond, upon which John Frew, Esq, was
The B. & 0. company was busily engag
ed last night in employing men for guarc
duty, which gave rise to the suppostior
that something was intended, and 1t wa
also announced that gang Of men hat
been ordered to, this city, but up to THU
time nothing has been done.