The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1880-03-05
TELEGRApBIo FIGHT.


TELEGRAPBIC FIGHT.
The Contest at TopeIa-At Junction City
"A Statement Officially Made by the
Western Union Company.
Special to the Kansas city Times.
THE FIGHT At TOPEKA.
TOPEKA, Feb. 2S.-The war between
the rival telegraph companies which has
occupied so much space in the press dis /
patches from Wyandotte, Denver and I
Omaha for several days, reached Topeka I
yesterday. The six wires leading into /
the Kansas Pacific depot from the West /
ern Union Office were cut some time /
yesterday by man named Watson and I
gang OF section hands.
He admitted he WAS in the employ of I
both the Union Pacific railroad and the |
American Union Telegraph company; |
that the wires had been disconnected ut !
Lawrence aud Junction City besides |
and that ne was here prepared with 4
strong force of men to resist any
new connection being made. Mr.. Clark, !
Western Union line repairer,
was notified of the break by manager
Smith and ordered to fix il. He went
over To North Topeka TO do so and
found the wires had been taken down
aud lay coiied 1T the foot of the poles,
and several men standing around appar-
emily watching and when Clark essayed
to climb tle pole they pulled him down
and forced him to give up tie attempt,
saying they had Il rope handy for such
fellows, ana unless he showed more pru-
dence they would make it hot for him.
Mr. DaVereauX, agent of the X. =. at
North Topeka, disclaimed all informal
lion except that TIE wires had been cut,
but by whose oriers he knew not.
+. l.. Smith, manager of the W. L.
called on the police for protection and
assistance in repairing the wires, but
was told that they could not interfere.
To facilitate business he has established
IN Office in North Topeka, with Il mes
senger boy to take messages over. The
press dispatches came over the Santa Fe
wires and, Of course, are not interrupted.
STATEMENT MADE "O-oilicially"
To The western associated press.
CHICAGO, Feb. 2S.-The recent strategy
Of taking forcible possession OF the
wires of the Western Union Telegraph
company on the Kansas and Union Pa
chic railroads, i'll violation OF the orders
of the courts, has caused considerable
comment in telegraphic circles here and
The counsel fer the Western Union rclc-
graph company, in charge Of the litiga-
ton here, give The following information
! lin regard TO the opinion of Messrs Bart
/ lett q Dillon, the Pacific railroad att0r-
i neys. They say there is one important
/ feature of the case that seems to be
( omitted iu the opinion Of The railroad
/ lawyers. \ corporation exercises its
powers by agents and in this country it
! has not been considered very important
/ whether those agents were the president
| of the board of directors or les
secs All of these are agents of
the corporation and so long IS they per
( folm the duties required by the govern
ment il IS not important whether they
are paid by salary or receive cOmpensa
ton under contracts relative 10 the oper-
alton of the roads they represent. The
feature Of the controversy omitted in the
case presented 10 Bartlett IL Dillon fOI
their consideration is that the Kansas
Pacific railway company proposes Il
take the property of the Western Union
Telegraph company without its consent
and without compensation. ii compa
ny obtains property under contract, il
Is not al liberty afterwards to assert thai
the contract unclcr which it obtained thu
same is ultra cires. The higher law
Thou shalt not steal, " requires the com
pany to return the property it obtained
The questions presented to Messrs. Bart
lett Il Dillon in their opinion may bt
proper for consideration after the Kan
sas Pacific company has returned III,
property il has acquired. hut not til
then.
The Kansas Pacific company will un
doubtedly be required to restore to thu
Western Union Telegraph company II
property, and We are not able to perceive
any legal objection 10 the contract be
: tween the parties. There are undoubt
eddy certain duties imposed by law upoI
the Kansas Pacific company, but thesi
duties may Us well be performed by per
sons in the employ Of the Western Tn
ION Telegraph company as by other per
) sons, SO long as the government does no
object TO the persons employed. Ii th'
government was 10 contract with us L
: carry mail by stage coach and proYId
that the contract should not be assigned
! and we should, Notwithstanding that pro
vision OF contract, sign the same and sci
TO an assignee all of our property uset
!, for that purpose, we do noB suppose tina
we could re-take the property By force o
; make any objections t01he assignees car
rying out contracts under such cIToum
stances, If the government did not com
plain. We do no; perceive that WI
would have any reason so to do
The X. Z. company has no right to com
plain OF its contract with the Western
Union Telegraph company to perform tn,
duties which the law requires the Kan
sas Pa-i;ic company to perform. TIL;
first thing for the officers of the railroad
company To do is To settle with tn,
courts, whose rules they have fiugrantlJ
violated and to pacify fhe people beyont
the Missouri river who are now deprived
of telegraph facilities.
? RIG CIT OK HATES.
NEW YORK, Feb. 2S.-'Tne American
Union Telegraph company reduced il,
rates today To an points IN Canada ant
the maritime PROVINCES from D TO 80 pei
the company and the Western Union
schedule Hereafter the tariff from al
American Union offices in Massachusetts
Connecticut, Rhode Island and New
York to points in New Brunswick and
Nova Scotia will be fifty cents; from
Philadelphia TO the same points the rates
viii be SIXTY cents per message of ten
words and from Baltimore and Washing
ton seventy five cents. The tariff from
points in Vermont 10 the provinces o.
Ontario and Quebec Is reduced 10 thirty
cents; from other New England states
and New York state, forty cents; from
philadelphia fifty cents and from Balti
more and Washington, sixty cents
This reduction is the first Indication tC
the public of cheap telegraph which has
been expected from the Western Union
and is offered as an evidence that the
company is not in accord with the West
ern Union, as has been supposed by some
Twenty-seYen branch offices have been