, 1880-04-09

isFrfapM se nf II %rsS % IN II H. Eini EaiyS tG 2,,rag fTss
company, co!*la niinE servirn of. The vai,ts,
Mt lrnss, nf s1auN II yunr. whi1e In return It
simply nca,ttrttl the right to y telegraph,
lInc over tho wilderness, which fur xrvernl
fs q o." oper'ors. nc ' Te s e"r" nS be- ee % car
ric.l ont to Tic satisfaction tf l,otll rartirs
until adverse Interests ,hatl gnlnpd control Of
the .lefentinnt, len.ling to ncl$ Hf riolence on
IL. s oers s = t s nfend ps rS Gany x' ss s
being Threatened with cIytl mud criminal s,ttta
hy tic defendant Telegraph Company was
tarrtcal. fur t!c same ncrso''s were officers Of
e @ eiirFs s9Fn9rf1b"'15 n b I nafs fs same
consider tho objections To- tIle validity. pf The
cnntracts vt co!tsttlrrable length. ]! II sn!d
y thsy w@srs, @ ti1st. thst TIE Mtiey wsre y frat,d nl",!
tho absolute requirements ut tho several
qstH a Of Congress relative tn the Union raelilc
@ E S; II ;t,esc %s' pe"ts % Jnse i Heckw!h 0i; ea
stoekl,ol,ers Of tsi's '' union II II iacife GoMpany
hnd obtained vul lnabo rights for almost
aftcr Having cnjoyrl tho ln,,rllts ii thc co'l:
trnct fnr ten yeRrs, tn set up any technical
ohI}Setlon It3 that they had not been formally
rAtllied.
cliartertng slx Of tl,e seven corpurattons
authorized The lpaslng md consolidation OF
the companies; and the get Of ls&t3 wins, III
plny nlMt tts successor or asslgnees. Tic
United St.tes l,tl no public policy, except
NJ It might pass sIMctftc cnncslncnts. Other
provisions OF tho Rcta Ut Congress were re-
{t1st tEo
cIsl"n'! Of the Stpre,ne Cour, on tho Th4rnlan
Funding bill explained. Judge Dcckwth
ton nrainst tile plaintiff By the cross-bll! and
,.julge slcCrnry said he would at mn carly
.lay sciltl ills aeclsinn in tl,o matter to tic
Clerk Of tile Court Mt Omaha.
III reply to cotlnsel, J9'lge MGCrnry said
tle Wnnlt not tAkc up tho lnandnmus case
fxccpt III It's reKl.iar order.
:, At the nfternp1n session tho case OF the
Western Unlon Telegraph Company agaInst
tho Union l'aciIe: Railroad Company, rcla-
1tye to the occupation of THO Q,nal,a briIEe
taken mp. and after. argument Judge Nc.
Crary rendered tho following opinion: II
tlliuk It is manifest tlat this caso Is not in n
condition ,now for tho determination
the law. it is sufficient inr our present pllr-
1nscs 10 say t'at there Is here II dispute
which neither party ftnS tho right to decide
for itself. Therefore min disposed to molify
this orslpr so III 10 make It perfectly clcnr
TINT tic Union l'actfic 1tafttnad Company IL
Mt liberty to institute alt legal proceedings
fur the PURPOSE Of etucting the defendant, or
for the purpose Of cnnCelng the cOntrnct
nntler which tho defendant claims to hold.
AS understand tic counsel for tho tlefcllti-
ant, there ls no particular objection tn. my
thing of this sort; that Is TO say, they do mt
consent to 1t, but they. have Baltl
n their answer, and they sny III
tl.etr argument, that they have no
PURPOSE tu take nny other course tlan such
Us tie Court suggests. That betng tho cnse,
there does mt ste1n tn be anything to dispute
alM! | VII! takc little ,t1n,c 70 modify t!le
order which lave Matle III The manner TINT
hive suggested. OF course 1t Is true, as
Judg Usher suys, TINT nun rlny lake pos
sesa0n nt Ills own property. wherever he
finds 1t if he can tlp 81 peaceAbly, but here Is
| n question rs 10 Whether It Is lfs own prop
| erty,. nnd. 1t. Is not for Him to
| decide that question In advance.
1t seems to lne TINT the wllo}a mntter ought
to hc heard fully, sn determined Nntl settled
| III tte proper way Tint dues not arise here.
There Is no question III the original bill, and
| there Is llo question raised here now ~ 10
| whether the defendant should be restrained
| fruln taking this property without legal pro-
| ceGlinga. will, therefore, mOtlify tile order
50 rs 10 make II cleur tint there Is ITO purpose
here to ,nnj0in legnl proceedings, n,Id with
that utilization shall let it stand for tho
present Mt leuSt.h