New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-02-25
ppocEEpINGs IN EQUITY.

fad Gable Company 0RhHet tiO +h'''''NN
pacific Telegraph Company. the Western union leio'
'ann comnany the American Union Telegraph Com
many and the Union Trust Company OF Now-iofk were
promptly In attendance IN the United STATES ~
Court yesterday morning at the nour appon'eu ~. s
hearing of argument on tho planllHs aPpiio"''
permanent injunction against the detenusn' oODp-.
- a,ar, ,hejr proposed consolidation. The complain
an, :, ,epreseuted by Joseph H. Choate, Lewis L. DEL
a6eld and Charles NJ. DaCosta. The 'eiegTapH oO,
nan,es were represented by John K Porter Everett
Wheeler and Wager 5Wayne' -.
Mr. Deaheld asked and was permitted 10 ameuu tno
meet Cable Company's bill. Tie amendments aver
she, In December 49, 1880, the American Union Iele-
crsuh Company entered into an agreement WIN jay
Could and his associates In regard to all tno cap "e
saees that might come into Its hands Tue contract was
10 last ten years, with the right OF renewal Tor
anotber term OF ten years. 1t was also lhefelh
,rovlded that Jay Gould and bis associates might
assign their rights TO corporation unoer contemp"
ton jay Gould and his associates subsequently Decame
Incorporated the American Telegraph and Cable Oo-
MANY and the said is claimed to be owned py IT,
That Jay Gould and his associates were at the ume OF
making said agreement stockholders and officers Of the
American Union Telegraph Company and had contro OF
Its Board OF and that when the said agreement
was entered all the parties to IL well Kne" Oh the
existence and conditions OF the exclusive agree
anents between complainant and the American Union
Telegraph Company.
JAY GoULD's AFFIDAVIT.
Mr. Wheeler submitted to the Court a number OF
adayits In opposition the motion for the Injunction
Among them was the following from Jay Gould;
During my visit TO London. in the summer OF 1872,
Mr. Ward, the agent and manager OF tue DIeet Caue
% me no to % %sta m Peade pe
dent company TO discuss the s99lee, Inc %
about 10 lay ITS cable the cable business being up
10 that time under The eSre eo@naps II was pro
posed the French cable was aa anu IeaEy
Tor 70 SS H SO % Ga the cable
stocks and especially the stock Of the French Cops1y
terest as the other companies =. s,.,,. o..
Ward stated 70 me hat MT pndT w ao nres 10
ident of an called the Globe Telegraph ana
credits in cable stocks aud that through the said nsti-
buttons the said John Pender ms president; Vllua S
the exceptions being that OF the French Company
which, IS heretofore stated, II was their programme 70
accordingly met Mr. Pender aud in the conversation
nation of the cable companies the manner he pro
posed would lead not only 10 great economies IN 'ef
stro9gy urged to endeayor to bring about similar
arrangements among all American land ilnes. -. A.,
Pehder through MI ward, has renewed these sugges;
the land lines. but has ALWAYS been in favor OF and
,o1 urged f. and Ii, yfn nenoe IN that
he deferred his visit by reason Or eneaGenehts IN con
the following telegram it is shown that his visit was only
deferred
The DIRECT UNITED STATES CARIE Co.,
EFw-YORK CITY, Dec. IL, 1880.
CaPegram
Have lust returned after eight weeks absence in
TssTs to Ses SS Of system
submarine teegraphs, ard WIN consldetaoe suceesS
Inc g1eat American telegraph ystem The French CABLE
properly worked should meet all the OF your
4wn eoinnany i0r the moment TO spend more money III
laying new cables at present would be equally IDEAS
the rev az GO e Pe'f be- pS ntS thoroughly
feient working state the agreement with Us
Ta e1ne Situation sSa aS in order to bring about
arrangement as viii satisfy the requirements OF your
NV via a.
1u intention TO come out In the sp 81 d1e
!" 70 '' He'' -''" JOHN PENDER, London.
Mr. Fender was proposing as above stated by me, to
he rol of The French cable. which under
stand aud believe he mas since accomplished so hat an
The x sDg cables between the United States and Eu
rope are now virtually to very large extent p The
ownership and control and aie WORKED together
18th and l4th January 1881 by the various cable con
panIes interested Iappend hereto. marked ExDlbt ~
"''i' - JAY GOULD.
OPPOSING STATEMENTS.
The following affidavit. which cabled from London
yesterday morning, was then submitted by r Delaheid
lis IN reply to Mr.. Gould's affidavit:
Taited States Circuit Court Southern District Neie FORK
Juan rean nsper writing pnrportng TO be aud whicl
believe to be copy Of an sfdsyt OF Jay Could s~ori
seoOndI that III the summer of iSI9 mr.. W, ware
the agent or limited purposes IN 0r %
London his vacation, and he incidentally mentioned
that the said Jay Gond was ~ London a anu
told Mr.. wara that should be happy, 70 se
iTi whatever make any prOp9siro
TO he said Jay Gould either in reference 10 the discus
ar apy other subject nv assent To meeting was lin
TSe to eI %ahn Of ' Mr. Gouid cCnneeOn any Wit
Americas teieeraphg was unknown to me. 49,
ThirJThe said Jay Gould ana scecrdsgy Gail on no
at the Eastern Telegraph Companys once duilns ~
visit this country IN the summer OF 1873; Dut he II
tervew WAS simply tse9a Que; n aho nUt ram n an
Direct Company OF which am ebairman OF from an
other company, to make any engagement on their b'
FOURTH believe that the Auglo-Amercln Coppau
consider il Of sufficient Importance TO communicate
that company that sneb interviews asd taken plaee
policy support as % eIsgsp Ona mat capt
LAID out in unnecessary new eaIes %1 n, nave 10
f fa'u sufficient; aud that the capital propose
DC Sny ha S%' value Of y s% of @e az
law: that unnecessary competition Kept open useits
ofaces and that frival companies came TO arrangement
6etween themselves they might through economies. r
snee expenditure and as 60 the inauguration OF con
panies said that Was entirely opposed 10 such polio
as 1t meant, in tuis country. monoply.
Sixth-I deny that al any time J. through Dir; Ward
otherwise renewed such kngges tons as are referred
by sir. Gould 10 his said aitdayits
seyenta-I have always objected 10 the amaRamatio
of the land lines Of the American continent as sue
Bma gamatiOn niet render It difficult. II not impOss
bic, for such amsgamaon to carry out the exstin
agreensnts OF the Individual companies with the r
speetive Atlantic cable companies.
Eighth-I deny that have expressed inter
aS Sn 70 S0H BRING about co%Sinaiios
land uoes. but was willing. II my engagements pc
1nttted America with view OF bringing abOU
friendly relations between she American aud Europea
companies the purpose OF establishing an intern
sent nv telegram set out an the said afdssv in wht
make 1t primary condition that existing obligation
Nsnfi1I am sarisned It never was intended by q
Engse Cable pa cn 10 M s S T1 HST Wsy
In any other manner 70 analesmate tne French Cor
Consider that the general intention OF the kngsh Coz
paDies WAS possible TO enter INTO friendly agre