Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-03-25

and dated February 20, looVt u.s. sus
complsintants would, on the t.t %! o.
March next, take possessions Of the wires
and polas referred to, &C., and on the
sarns day Mr.. Tinker, Superintendent
q Telegraph Of the Baltimore and Ohio
Railrosd company, gave the notice
marked b and which 10 - foilows:
Srw YoRK, February %, 1850.
To The Atlantic and Pacific Telegraph Com
pany, Nsv Kork; ahlsvR
GxSrLExrx--This Is to give you mo-
t,ce that the Baltimore and Ohio Kali.
road Company has taken possession OF
the telegraph lines upon the roads here
toiore operated by you, and VIII ners-
after accept kilograms offered by your
company for transmission to points on
It's lines upon the terms aud under the
conditions governing the interchanes o.
business between independent Telegraph
companies. Very respectfully,
> UHAs. A. TIsKRR, Sus, DC.
But II may DO replied that notice un:
der the agreement set up In the affidssi!
of MFR. Garrett was unnecessary, and THAT
II was only given through courtesy.
We reply the same courtesy should nave
prompted the party to have been gov
erned by his notice in respect TO time.
But we find that instead OF being gov
erned by the time fixed in its notice.
the first Of March-as the time when y
would take possession, L took posses
sion on the very deg the notice was
given, TO wit, the 18th OF February.
The bill says nothing about notice. ny
the showing OF the plaintiff, though. -
n mart of one OF the afiidavits on which
Il relies to support the bill, having
given the notice, Il issa question with az
whether it should not DO bound oy u"
notice.
But again, it is shown by its aiiidavits
further that the line of the Baltimore
and Ohio Railroad Company was not
run along Market street in the city OF
Wheeling from Fishers foundry TO tho
Mcclure House, nor west on FOUR
teenth street from Market street, nor on
the streets north OF Fourteenth street;
and, therefore, that portion OF the lines
OF telegraph running from Fishers foun-
dry up market street TO the Mcclure
House. thence down Twelfth street to
Main, down Main TO Fourteenth, down
Fourteenth TO the depot OF the plaintiff,
il not on the right OF way belonging TO
the plaintiff as railroad corporation.
The afiidavits on the part OF the de-
PENDANTS show that the line passing
along the streets indicated was created
and Is owned by the Atlantic and Pa
cific Telegraph Company, nor Is this de.
MED by the bill nor the aftidavits oil tho
plaintiff.
The bill alleges that the complainant
is engaged in the businers as owner ana
operator OF telegraph wires, oil trans
hitting Geographic messages for tho
public for certain fees, paid Tor tho
same, &c"
The court will take notice Of the char
ter Of the complainant, which 10 one Tor
railroad purposes alone. Under II tho
plaintiff cannot do general telegrsphic,
business for fees or compensations, anu
in doing so it transcends its powers.
Hence in this respect II cannot receive
tho sanction of Court OF Equity. For
the reason given, and others when
might be given, but which ara unneces'
sary to mention in view OF what has
been said, the motion to dissolve will he
granted.
Mr.. Hubbard immediately asked for
the entry Of an order TO that elect.
MIR. Russell, for the b. x o., asked for
q suspend;ng order, and argument Tor
and against was heard for some time.
Finally the motion was overruled by
Judge Cranmer.
AS soon us the decision was made the
fun began on market street. A gang oil
Western Union men took possession Of
the A. 4 p. poles and began to clip OIL
the wires AZ rapidly rs barber would
sheer stubble fromIh backwoodsman.
II commenced on the pole at the Nc
Lure House corner, and continued down
Market street, the wire falling like rain.
A man was stationed at the foot OF each
pole 10 guard against asurprise, and the
superintendent paraded between. The
Turner K Dillon wire was quickly
strung, though not before humorous
incident occurred. Constable Martin
was the Argus on duty, and when the
workman began the ascent, he made q
clutch at his spurred heel to pull him
down. The large crowd which had con-
gregated, mistook the climber Tor b. 4
D. man, and, expecting war, rushed TO
the spot But Martha missed his hold,
and the man sped 10 the cross bars, from
which safe retreat he looked down and
saw the mistake rectifed. Then he
went about his work and the crowd
sadly dispersed.
The proceeding was intensely anus.
ing to the spectators. Several Is. and D.
men were present and smiled, good.hu.
moredly, mt the scene being enacted.
The W. u. men worked with the zestloi
soldiers turned loose for pillage in q
captured city, andit was but short time
until the poles were stripped OF all but
three wires and pointed their bare arms
to the skyin lonely misery. The winning
counsel found immense satisfaction in
viewing the proceedings, while the OPP
posers were perfectly willing 10 smile in
anticipation OF triumph they expected
in the future, and one OF them remarked
"He laughs best who laughs last
The dismantled wire was coiled and
piled about the poles, and towards even
ing was hauled offin wagon. The SOL
itary guardsmen were continued at their
posts and are there at this writing.
At the Municipal Court, In the after.
noon, the Atlantic aud Pacific Telegrap phi
Company filed bill in chancery, pray.
ing an order enjoining the Baltimore
and Ohio Railroad Company aud the
American Union Telegraph Company
from interfering with its wires, poles,
&c. After argument by Counsel, Judge
Cranmer granted the Injunction. The
order was placed in the hands OF the
Sergeant and served. II Is very gen.
orally known that q record Of the pro-