New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-03-03
FIGHTING FOR THE WIRES.

COURTs-AIMosT ENDLESS LITIGATION PRoBA-
BLE-THE WESTERN UNION VERSION OF TIE CON
FLICT
The Western Union Telegraph Company has
made the following statement olncernng the telegraph
war, Forwarding f. from Chicago.
Concerning the seizure BY Jaw Gpnd OF an ten
rraph lines operated by the Western Union and Atlantic
and Pacific COMPANIES, IN connection with lines OF
railway operated by him. the counsel for the Western
Union Company furnishes the following information
The published opinion o. Judge Dillon 10 Justification
Of the recent seizures OF the lines OF telegraph upon the
Union Pacific and Kansas Pacific Railroads by jay
Gold's company. based upon statements Whleh must
undoubtedly have been furnished 10 him by
HE client but which are entirely erroneous.
Tho te,aeranh lines upon these railroads not butt
and owned bv the roads as is implied by the opinion
referred TO- Upon the Union Pacific the western Union
Company built, owns. operates ana maintains us Own
lines Under an express OF Congress 1t was permit
ted so to aud i rights have never before Oeeu lues
toned The Union Pacific built a telegraph line upon
IFS road and subsequently leased that line and All OF Us
telegraph interests in perpetuity to the Atlantic anu
Pacific telegraph Company, and the railroad company
received therefor 600 shares OF the stock OF the
telegraph company, together win valuable iaclhties'
and also reserved to itself the exclusive right OF one wire
ouly under this these telegraph lines baye been
operated up the tine OF their seizure by tue railroad
company.
"Tbe Kansas Pacific Railway Company originally
orrauized under the laws OF Kansas, and contract
was made by Its predecessor with the western Union
Telegraph Company under which the telegraph line
was built. operated and maintained. and one OF the
wires was SET apart for the use Of the railroad company
and the other two are owned ana operated exclusively
nv the telegraph company. The railroad has 10
ownership whatever in them. The Western Union
Telegraph Company has also furnished all the
labor Tor the construction and maintenance OF these
lines and has given the railroad company Geographic
free service outside and beyond the line OF the r0ad
amounting 10 about $4,000 year. The Western Union
Telegraph Company owns and furnishes all the main
batteries used IN the operation Of these wires, winch
were connected with all OF the commercial Offices. 1t is
asserted by judge Dillon that neither Of these lines has
been seized from the telegraph company, Out al MI
times they have the possession Of the respect
i've railroad companies. Upon only mere order issued
the railroad company assumed control.
1.-THE possession and control OF telegraph line arc
secured by the possession and control of the main bat
teries at each end OF the line. The Union Pacific Com
papy has secured these lines the Kansas Pacific by
secretly erecting batteries az Denver and Kansas Cy
and violently and unlawtully aud ia face OF the innc
tlous has cut The telegraph wires away rom the main
batteries and all the commcrcnl offices Of tho Western
Union Company and connected them with IT, own. In
the case Of the Atlantic and Pacific lines on Tie Uuiou
Pacific Road both batteries and telegraph line were
seized by the railroad. ~ mention IS made
I'm the opinion OF JGdso Dillon as TO me
seizure Of the telegraph lines upon the central
Branch Union Pacific, tho ST. Joseph ans
Western Railroad tho Denver Pacific railroad aud Colo
rado Central Ra road These lines were also violently
seized by his client aud taken from The Western Union
COMPANY and are now dehluty hold irrespective OF The
ownership Of tue latter company therein a-d i5 rights
under existing contracts. which have been recognized
and observed M 10 the GATE Of the seizure. This Omi
SION j. certainly significant There is no pr"ohco that
the roads last named are n any Way coAAec.ed Win t1e
"r b'cInc known 1fandqy afternoon hat The Missouri
Pacific Railroad Company, 'a'rF pufcHtted hf jos .
tud W.. rrcparigg ro seize ttr lines or the Western
IoIo ,.yr.in Comnauy upon The line " that road
anr,id 10 Rchi-5n. Kan. The Western Union Conn /
nm, Dill Der 10 prevent ans furtEcr sc.zuIc or its /
iiues. G.rG Us routon IN inc specai ana ENVY C1u.i
aua r omen court Judgs,Gewan granted an iluucnln /
euiouug the railroad company, IT. ser'tnt- HtenIs /
and emp oyfa. from IN anywise Iuirri'fint "ih tn /
existing uuo o. Telegraph on any portion oil te Inc ON
=" II Il- already been announced th.t on February /
p the lines of tAc Al auuc nud Plrlc le,rrapn COM
pany were seized by the Union Faclc EtloAi Com /
Iauy under oI iers from Ja} Could dlSc'' cic '4un
the Office ot tho te..eTagh company ht On.ih', 'hu
transferred 60 ihe oi.T u Ils A,ac o o ~ 'i
Iues. tne Autuuo aud Pacific Icleefapn company /
t no Di'f,irt OF I-lssl setcrg forth tlo Pc
cent OCT Of the Union Pac h' Railway company |
Koomk, Iowa, To jung" NC i4i@ ,L' lIe1l' '' 90
from interfering or ng tl'ms " P,t S,' fiSrib Com
aaG VIE, oi ~, AZ NC ' ,, it,i.,. 10
eru, and ra road company. from interfering wan /
Iv ~ ,, ing he A. autic and Pacific Com
many IRON recommending inc snd wires running in and
ann of Tine onicrt commercial hurluc.slh Oh ih' "lh
ifs ine AZ telegraph upon The railroad at tLe point az
,rn tbey Were disconnected or such other points as
ut.y r convenient 10 restore -td Lines To their Original
cartion and res raining tae railroad from interfering
with tho Atlantic and Poe uc Company, or preventing
&c from dong any ret NOT aathoIzd 10y me t,ilns W
She contract. judge McCra,y granted the fesifaulng
oracr az prayed Tor ~ the bill, aud conui'd o. IN orce
uaul April. Wien me case VIII De heard De-
s1nmifteI. Uncer ths order he Atlantic and Pa /
clhc COMPANY viii Immediately regain Possession /
ofits and operate and control them az hrrrioioc
am ordinary business connect on hrng Afforded tIe /
lines OF the New-lork Telegraph Company.
Iuesday morning ~ NeW-iulh hc w tlu'nl ol ll e |
Union Pacific Railway Company addressed letter 10 !
the prsdcnt OF Western UuOn Telegraph Con Dany,
Announcing the intention OF tne Ioi,ner company 20 A.
sumo the control and management vi all trlc- /
Cninnapy, ~ vel as those Of tuo Atlantic |
aud Pacific Company already seized upon inc |
the opinion Of Judge Dillon and the demand or the !
American Union Telegraph Company, air. 1dy made !
known 10 Tie public ana closed his communication !
with the rather startling announcement that tue lines
Of the Western Union Company must be removed rom
the raiiOad right of and The various brdgce on The
nIap Rrf,a me WesIern Union antlartirs I'M ms
city paiing from certain Indications thai move
mcut Of this kind might be attempted to sum |
Omaha Bridge. ana otherwise disturb theh existing |
lines road fully prepared TO resst such
atteu pit and AT late hour on Monday afternoon pc
titlon In behalf OF tho Western Union Telegraph Com
pany against the Union Pacific Railway Company for an
Injunction was presented 10 Judge hcCrary, NJ keokuk
aud application made for temporary injunction. judge
McCrary entered an order allowing the Injunction as
prayed for IN the Dl, Win provision TOT hearing apd
filing proofs and bonds at ~ Louis April q, the time
fixed for the Atlantic and Pacific Company hearing.
~ NJ. WoolwoTth, attorney on monday Obtained an |
Injunction from Judge McCrary restraining The Union
Pacific Railroad from any interference whatever with |
the nee poles etc. Otho Western Union Company. The
Injunction served Monday night upon the General
Superintendent and Local Manager OF The Union Pacific
Lines, Omaha, aud upon Union Pacific employees both
sides OF the bridge.
100 men out Monday night watching the Atlantic and
Pacific lines. of which they took possession ON Friday