The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-03-19
THE TELEGRAPH WAR.

Injunction Issued Yesterday by Judge
Crapmer Restraining the A. d r. and
W. .. from TrtainE with fhe y. Z. o.
Wires and Poles.
Aswe lntimated yesterday morning in
the REIMBURSEMENT the B. &o.Co., through
their attorneys, fled abil! in the Municipal
Court asking that the A. & P. and W. U.
Telegraph Companies be restrained from
interfering with the B: & o. wires and poles
on Market and Fourteenth streets. We
make the following abstracts from the
bill:
The petition sets forth that the B. & o.
Company owns and operates railroad
chartered under the laws Of the State
OF Maryland since before the year 1877,
which runs from Baltimore TO Washing.
ton, D. c., thence to Wheeling and from
Washington, Pa, to Wheeling, thence
via Bellaire to Chicago, Ills, and that 1t
owns and operates as an indispensable
adjunct q line OF telegraph wire over
which 1t transmits messages. About the
FIRST day OF March, 1850, certain OF It's wires
and poles were used by the A. & 7. Tel.
company herein alter named in connection
with the B. & o., and that as part Of the
said lines OF wires and poles the B. & Q. is
owner OF certain wires and poles reaching
from. the Mcclure House, Twelfth and
Market streets, thence down Market to
Fourteenth, thence down Fourteenth to
freight depot, at which is the principal
Office OF the company for the city OF
Wheeling. The B. & o. further represents
that II has been In the full possession Of
all the said wires and poles herein before
mentioned since the said first day Of
March, 1880, during which time 1t has had
exclusive control OF same.
The B. & o. further represents that as
owner and operator OF these wires any
break or interruption would occasion
great loss by reason Of fees, &C., and would
also occasion great inconvenience and loss
10 the public by preventing the sending
OF messages; that these wires are used in
sending messages directing the running
oftrains, and thatany break or interruption
would occasion delay and expense, besides
endangering the lives OF passengers, and
these damages would be OF nature that
could not be compensated for or recoy-
cred.
The A. & P. and W. U. companies are
doing business under the laws OF the State
OF New York, and the former pretends to
have certain rights in the wires and poles
mentioned above, and also to remove and
use the said wires and poles, and to make
connections Herewith for the purpose Of
sending telegraphic messages.
The w. U. pretends TO be owner OF q
large majority OF the capital stock Of the
A. 4 2. Co., and as such claims to be en-.
titled to avail itself OF the said pretended
rights OF the A. & P. to use the above
mentioned wires, whereas neither the
w. U. nor the A. & P. has any such right,
nor any other right which entities them
TO interfere with or disturb the above
mentioned wires, or the B. & 0.s ex-
elusive use OF them.
The B. & 0. further claim that the two
companies before mentioned, are com.
bining and colluding together TO deprive
the B. & o. OF the use of said wires and
poles, and for the purpose OF asserting by
force and violence their pretended claims
10 the B. & o. poles and wires.
The bill further sets forth that on March
10, in pursuance OF the above collision,
the Western Union, with the connivance
OF the Atlantic and Pacific, and with the
object OF enforcing the above pretended
rights, attempted to take possession Of the
said wires and poles for their own use,
and exclude the Baltimore and Ohio Rail-
road Company from possession and use
thereof by cutting certain wires OF the Bal
timore and Ohio Railroad Company on
Market street, and has since then threat.
ened to repeat such cutting: "1n tender
consideration whereof, and Tor as much as
your orator is remediless in the premises,
save by court OF equity, may 1t please
your honorable court that the said Allan.
tic and Pacific Telegraph Company and
the said Western Union Telegraph Com.
pany may be made parties to this bill, and
that they and each Of them, their agents,
employees and servants, they be
enioined aud restrained by the writ Of in
Junction OF this honorable court from tax
ing possession OF, cutting or interfering in
any way with your orators said telegraph
wires and poles, orany OF them, and from
interfering in any way with your orator 8
use or possession OF the same, and may
particularly be enjoined or restrained
from taking possession Of, using or con-
trolling or interfering in any way with
yuuI tIhtOl NAGiusiNc pO6oesei0ut uho VI
control OF these OF your orators said
wires and poles which were before the LIST
day OF March, 1880, and by the said A. &
P. Telegraph Company, in connection with
your orator, and that your orator may
have such other and general relief as to
equity may seem meet, and the notice oil
the case require and your orator will ever
pray.
This bill was verified by @. R. Tracy,
Manager OF the B. & 0. Telegraph Com
pany.
The prayer OF the petitioner was grant.
ed upon condition that 1t enter into bond
with good security in the sum OF $1,000,
conditioned for the payment OF all costs
and damages that may accrue from the
injunction having been improvidently
awarded.
This injunction was served on E. G.
Cracraft, attorney for the A. & p, and
also upon Manager Wolf, Of the w. u.
shortly after dinner by Major Sweeney,
Chief OF Police.
W. P. Hubbard, Esq, arrived home
yesterday morning, and at once engaged
In conference with. Jacobs, Cracratt 4
Ferguson and Cochran & Cochran, attor-
neysfor the A. & P. and W. U, Companies,
which was continued up to late hour last
night, but with what result we are unable
TO state, yet they promise something Of o
tangible nature to-day.
We understand that the A, & P. and
W. u. contemplated asking Judge Melvin
for an injunction restraining the B. 4 o.
from further action in the matter, and as
be was absent from the city intended
sending for him with reference to 1t,
but as the other party got the start OF
them they did not do this. The A. & P.
claims the poles along Market street aud
says that that company bought and paid
for the poles in question, and erected
them. Nothing else has been done in the
matter, but one or two OF the officials OF
the restrained companies said last night
to us, ave will give you something to-
morrow" to-day.
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