The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-03-03
GoULD's GoUGING.
Continuation of the Telegraph War.
The Western Union Company Presents Ito
Case to the Public 6ould's Bold Plans
and How They We're Carried Out
Alleged Unlawful Seizures by
the American Union.

New YORK, March 2.-The Westerl
Union Telegraph Company furnishes tn
following dispatch for the information Q
the public, concerning the seizure by Ja.
Gould Of all the telegraph lines operates
by the Western Union and Atlantic an'
Pacific companies in connection with tn
lines Of railroads operated by him. Th'
counsel for the Western Union Compan!
furnish the following information: "Th'
published opinion Of Judge Dillon, II
justification OF the recent seizures OF thu
lines Of telegraph on the Union Pacific
and Kansas Pacific railroads by Mr.
Gould's company is based upon statements
which must undoubtedly have been fur
nished 10 him by his client, but which are
entirely erroneous. The telegraph lines
upon these railroads were not built and
owned by the roads as Is implied in the
opinion referred to upon the Union Pa.
ciflc. The Western Union Company built,
owns, operates and maintains It's own
lines under an express act OF Congress, 1t
was permitted so 10 do and its rights have
never before been questioned. The Union
Pacific built telegraph line on its road
and subsequently leased that line and all Of
its telegraph interests in perpetuity to the
Atlantic & Pacific Telegraph Company,
and the railroad company received there.
for S, 900, 900 Of the stock OF the telegraph
company together with valuable facilities,
and also reserved to itself the exclusive
right OF one wire only under this lease;
these telegraph lines have been operated
up to the time OF their seizure by the rail-
road company. The Kansas Pacific Rail-
road Company was originally organized
under the laws OF Kansas, and contract
was made by its predecessors with the
Western Union Telegraph Company under
which the telegraph line was built,
operated and maintained. One Of the
wires was set apart for the use OF the
railroad company, and the other
two are owned and operated ex-
clusively by the telegraph company.
The railroad has no ownership whatever
in them. The Western Union Telegraph
Company has also furnished all the labor
for the construction and maintenance OF
these lines, and has given the railroad
company free telegraphic service outside
and beyond the line Of the road amount
ing 10 about SIC, 900 year. The Western
Union Telegraph Company owns and fur
nishes all the main batteries used in the
operation OF these wires, which were con-
nected with all Of the commercial Offices.
It Is asserted by Judge Dillon that neither
OF the lines have been seized from the
telegraph company, but has at all times
been In possession OF the respective rail-
road companies, and by mere order is
sued the railroad company assumed
control. The possession and control
OF a telegraph line is secured
by the possession and control OF the main
batteries at each end OF the line. The
Pacific Company have secured these lines
on the Kansas Pacific by secretly erecting
batteries at Denver and Kansas City, and
violently and unlawfully, and in the face
OF the injunctions, have cut the telegraph
wires away from the main batteries, and
all the commercial Offices OF the Western
Union Company, and connected them
with their own. In the case Of the A. 4
P. lines on the Union Pacific Railroad
both the batteries and telegraph line were
seized bv the railroad. No mention Is
made in the opinion OF Judge Dillon as to
the seizure Of the telegraph lines upon the
central branch OF the Union Pacitic-the
st. Joseph and Western Railroad, the
Denver Pacific Railroad and the Colorado
Central Railroad Company. These
lines were also violently seized by his
client and taken from the Western
Union Company, and are now de.
family held irrespective OF the
ownership OF the latter company thereon
and It's rights under existing contracts
which have been recognized and observed
up to the date OF the seizure. This omis-
sion Is certainly significant. There Is no
pretence that the roads last named are In
any way connected with the Union Pacific
system. Yesterday morning the Presi.
dent Of the Union Pacific Railroad Com
pany addressed letter to the President OF
the Western Union Telegraph Company
announcing the intention OF the former
company to assume control and manage
ment OF all telegraph lines Of the Western
Union Telegraph Company, as well as
those OF the Atlantic and Pacific company
already seized, upon the Union Pacific
Railroad, basing his action on the opinion
OF Judge Dillon and the demand Of the
American Union company, already made
known to the public, closed his communi.
cation with the rather startling announc.
nent, "The lines Of the Western Union
must be removed from the railroad right
Of way and the various bridges on the line
OF the Union Pacific (the main line), In.
| cludinp the Omaha bridge"
The Western Union authorities, antici'
pating from certain indications that a
movement OF this kind might be attempt
ed to summarily interfere with their wires
on the Omaha bridge and otherwise dis
turb their existing lines on this road were
fully prepared to resist any such attempt,
and yesterday obtained an injunction
from United States Judge McCrary re-
straining the Union Pacific Railroad from
any interference whatever with the lines
poles, &C., OF the Western Union Tele
graph Company. The injunction was
served last evening on the General Super
intendent and Local Manager OF the Union
Pacific lines at Omaha and upon the
Union Pacific employees on both sides o.
the bridge. The Union Pacific Railroad
Company had force OF one hundred
men out last night watching the A. 4 +,
lines, OF which they took possession or
Friday last. Colorado commercial bust
ness, for points on the lines OF the Kansas
Pacific, Is being forwarded over the West
ern Union wires to Kansas City ant
mailed there to the points OF destination
PIRE RECORD.