Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-03-19
THE TELEGRAPH WAR,
The Is. S D. Obtain an Injunc-
ton I'm the Municipal Court

=
ton I'm the Municipal Court
Yesterday afternoon the war between
the B. 4 o. on one side and the A. q
z. and w. Z. on the other, was taken
into the Municipal Court. Attorneys
Lamb and Russell for the former, noti-
fed the attorneys for the other side
that they were prepared to submit
bill In chancery, asking Tor injunction;
The counsel assembled at the Munlcipal
Court and the bill was submitted. i
1t sets forth that the Baltimore and
Ohio Railroad Company owns ana OPP
crates railroad from Baltimore 10
Washington and to Wheeling, and from
Washington, Pa, TO Wheeling, ana oy
way of Bellaire to Chicago, and that u
wns and operates, as an Indispensable
adjunct, line Of telegraph wire over
which il transmits messages ABOUT
March /, 1880, certain OF these wires
and poles were used by the A. * +.
Company, in connection with the ID.
o. Railroad, and the latter owned the
wires and poles running from the New
Mcclure House down Market street 10
Fourteenth, and thence to the b. q ";
freight office, and has exclusively owned
and used them since March |.
The bill goes on to show that these
wires and poles were used To convey
public messages Tor certain fees. and that
any break or interruption would Dc
great loss not only to the b. * y. o9m-
pany, by loss OF ices, &c, out
TO the public by the proven
ton of the sending OF messages
as has been customary. Further
that these wires are used to transmit
messages directing the running OF trains,
and that any break OF interruption would
occasion delay and expense, besides en-
dangering the lives OF passengers; ana
that such damages could not be conpeh-
stated Tor any damages which might DC
recovered.
The A. & p. and Western Union COM
panies 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 aud MAKE
connections Herewith Tor the purpose
OF sending Geographic messages. mat
the w. U. pretends to own large ma
jority of A. 4 Z. stock, and therefore
claims to be entitled to avail itself oil the
said pretended rights OF the A. x L. TO-
use the above wires; whereas neither oil
those companies has any such right or
INV other rights which would entltle
them To interiors with or disturb these
wires, or the b. * O's. exclusive use oil
them.
The Il. 4 D. further claims that the
4 II anI haNA hnnn
combining and colluding together to de-
pIiye it of these wires and poles, and Tor
the purpose OF asserting, by force ana
violence, their pretended claims to
them.
The bill further sets forth that on
March 10th, in pursuance ot the above
COLLISION, the W. u, with the connl-
vance of the A. 4 p, and with the oh,
ect OF enforcing the above pretended
rights, attempted to take possession oil
the said wire and poles for their own
use, and exclude the h. 4 q. from pos
session and use by cutting certain wires
OH Market street, and has since then
threatened to repeat such cutting.
"In tender consideration whereof,
and for AS much as your orator is RENE
AllltSS III NlAt HiCAAlloto saw ~ " NNN'N -
equity, may it please your honorable
court that the said A. * L. and the SAID
W. L. telegraph companies may be made
parties to this bill, aud that they and
each them and their agents, employees
aud servants NAV be enjOined and re
strained by the writ OF injunction OF
this honorable court from taking pos
session oi, cutting or interfering in any
way with YOUR orators said telegraph
wire or poles or any of them, and from
interfering in any way with your ora
tors use or possession Of the same; aud
may particularly be enjoined and re-
strained from taking possession OF,
using or controlling, or interfering IN
any way with, your orators exclusive
possession, use or control OF those OF
your orators said wires and poles which
were before the LIST day OF March, 1880,
used by the said A. 4 z. Company IN
connection with your orator. Aud that
Your orator may have such other and
general relief rs To equity may seem
meet and the nature OF It's case may
require.
And your orator wilfever pray, &c.
ID. LAMB,
III. VI. Russell,
litOrReys for Complainant.
This was followed hy the affidavit OF
G L. Tracy, General Manager,
The court granted the injunction with
the proyIso that the complainant enter
with bond with good security in the
sum OF 5000, conditioned Tor the pay
ment of all cost or damage that might
accrue from the injunction being i'm
prOyidently awarded.
Lewis Baker, Esq, became security IN
the above sum, and the City Sergeant
served the injunction on MIR. Cracrait.
Last night the attorneys Tor the \. x
Z. aud W. U. were in consultation at
the Office OF Jacob, CraCraft K Fergus
son, and the result remains tn be seen.