, 1880-02-28
TELEGRAPH WAR.
Western Union Lines GobbIed by
the Union and Kansas
Pacific.

> The Seizures Made ut the Instance {
Gould and His New Company,
Who Are Arranging Their Batterie
for a Lively Electrical Fight.
A DETAILED STATEMENT.
= Special Dispatch to The Chicago Tribune.
NEW YORK, Feb. 2T.-The telegraph war in th
West has aroused great interest here Th
Superintendent Of the press transmission Of th
Western Union issued nn explanatory card herr
to-day saying the Union Pacific Railroad Com
pany to-tlay seized the lines OF the Western
; Union Telegraph Company on the Kansas Pacittt
Railroad in defiance Of the injunction grantel
by Judge Elliott also seized the lines Of tht
Atlantic g. Pacific Telegraph Company on; tht
Union Pacific Railroud. This was accom-.
plished by taking forcible possession q
the lines and running them init
Offices prepared by the American Union Tele-
graph Company ut Omaha. Tho lines Of the
Kansas Pacific Railroad were built by the West
ern Union Company under contract with the
railroad, and the Telegraph Company S,right to
| the lines has never been questioned. The Union
| Pacific made perpetual lease of its lines to the
| Atlantic Pacific some years ago, by which it is
| bound to give nil the revenues from the Offices
operated by the Railroad Company to the Atlantic
| s. Pacific, and received In compensation therefor
nearly s., 900 of the Companys stock. The
| western Union lines on tho fuain stem Of the
/ Union Pacific have not been disturbed.
| At the ot1ice'of tho American Union Company
| twas stated that the first move IN the present
| war was contained tn 4 letter written by Prcsi-
dent Eckert, Feb. L, to officers of the Union Pn-
cific, which includes the Kansas Pacific Railway
Company, making upon them a formal demand
for the use OF their wires The letter referred
to the counsel Of the Railway Company, who
returned il long opinion, in which they said:
You have iafd before us the letter Of the Pres
dent Of tho American Uuion Telcgraph Com
pany, in which he states his Company has COM
pletcd lines of telegraph from the Atlantic
Ocean to the terminus Of your road ut Kansas
City and Omaha; that it proposes to accept from
the public telcgraphic messages destined for
points OH your lines, and desires YOU
to accept and transmit messages to
it whenever tho sender so directs
He asks TINT his Company be granted as favora-
bic terms and conditions for such exchange Of
telcgraphic business as your Company grants
nny other corporation Or individual. Our opf1-
ion is desired MS to the duty Of your Company III
his behalf, under its charter and the legislation
OF Congress- Oneof the conditions Of the grants
BY Congress is that the companies shall keep
said railroud and telegraph lines in re-
pnir and use, and at all times transmit over
sa1d telegraph ljne,' etc. The companies were
moreover required to operate ami use said
roatls and telegraph for nj. purposes of commu-
nicution and Transportation so faras the public
line, without discrimination of any kind and |
It was expressly euuctcd not to be lawful |
for the proplietors. Of any line of telc- |
graph authorized nby this act to refuse
or 41ll TO convey; tnGSEUitpG and I
an persons RECURRING s,lch transmission. The ]
duty III respect Ut the: telegraph us well Us the |
forced by penal sanctions civil and criminal
,. Ine ne foresoing and numerous other provis- !
ions ions show that Congress pluccd the telegraph |
Hne III respect to its construction, maintenance
and use by the Pacific companies upon precisely !
the same footing as the line of railroads. Both |
were internal parts Of the great end In view. IE
respect of both, the duties of the companies are,
SO 10 phrase 1t. personal, and no authority Is ]
given them to levolvp them on others. On we'll
lnalienablc without cypress legislative a,lthori-
ty. Not only is therenbsence OF such authors
ty, but its existence is plainly negutived by the
anu special duties toward the Government and !
public enjoned on the companies, which they
alone can perform. 'REhns the Companies are
lnent, and tho oarniugH7 Of telegraph lines from
fhls source are to be applied In payment OF Cow
pnnies are required to:opcrnte and use their re-
spcctiye roads and telegraph rs one continuous
ine,, Inc, without discrimination in favor Of or
lnlawful for them or the ! proprie- ,I,rc
ors OF the telegraph line to refuse Or fail
q rea9a reHt news or messages mes for al persons
contract can be NADER BY the companies to sur
ender Or to devolveHon others their duty to
ines Of telegraph Thcy can no a more piit Do Ills 10
hey san in respect Of e fheEr lines Ines
hat effect. is ultra vircs In view
t the foregoing considerations the answer to
ne question presented on behalf of the Amer !
heir charter the Kansas Pacific and Union Pa-
itie Railroad Companies originally constructed | {
nW thereby became proprietors Of lines Of tele
resent Union Paciac Raiiwuy% % Con.pany, a
maintain and use thom. 1t cannot refuse 10 9
eeeiye and transmit messages from and to the
uty and lncurrtng civil and criminal penalties.
lthorty Of the Pacific ac5s IS likewise % bound to
'r any other company, under the penalties pre-
- "s1pszY BANCROFT =
~. "JoHS F. DILLON" O
On the strength Of this Mr.. Gould tclcgrnphed Il
} order to J. J. Dickey, Superintendent of Tel =
:raphs Of the Union Paclic at Kansas City, to =
ford the American Union Company free use Of tr
itch w,is received in response: ;,
order fully Carried out last night, and VIC took -
mplete possession Of all the lines Of the Union~j
scl1c kalway and branches, nnd these linesare bl
~ open for public business from any and ali | 81
legraph companies on equal terms. ,,,
J. j. DICKEY. Superintendent. -
In 1855 the Kansas Pucit1c made a contract
th the Western Union, which was to run | th
enty five years. and not only gave the latter tr
tllpa1y q complete monopoly of all the tcIe-
apn lines, but even bound itself not ] ~,
transport material for any rival telegraph I'll
mpany To these eagrecments were, however. Sc
aed N the words, $50 far as it has the legnl st
hit and power to do so,'' and the American | pr
lion people claim such legnl right or power Ce
not exist. They also nssert that the Govern nc
mt hlAs never recognized this contriict or the
2 entered into by the Union Pacific with the Sc
Eanttc Paciic which was In perpetuity. tn
KANSAS. CITY. ~
NASsAs ClTy, Mo-, Feb. 2i.-Thcre is telc- th
ph war in Knnsas,' Nebraska, and Colorado at
the face of 1ha i,,iunctione orontod h,, +ho to
,rto { n..- -, =; 80. .. -. ~ ro
Al ocutcr tliu ~ hatieas 70 rcstrnn ke
AmnrfC01 Htiora fItalauEratla | r.