New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-03-04
THE TELEGRAPH SUITS.
NO RELIEF OBTAINED IN EQUITY.

In anticipation of Judge Blatchford's decision in
the telegraph cases which have been before the
United States Circuit Court for more than week,
the courtroom was crowded yesterday morning Dy
persons interested in the proceedings. The Direct
United States and the French Cable Companies
were represented by Joseph II. Choate. Charles NJ.
Da Costa and Lewis L. Delafeld, while seated at
the other end of the cOunseps table were ex-Judge
Porter General Swayne and E. P. Wheeler, VINO
represented the consolidated land telegraph COM
panes Judge Blatchford announced that he had
put what he had to say in writing lie read as fol-
lows
81 do not intend now to express any opinion on
any other question except the propretv OF contlnn-
ing the restraining orders already granted herein.
| am clear that they onght not to be contlnueaa.
They are unnecessary to secure TO the plaintiHs
their rights under the contracts to the extent
to which those rights are claimed by the plantiIS.
Any proper injunction can operate to all proper
Union Company alone and as well after the
transfer OF the properties to 1t as before lnosc
properties Will remain IN ITS hands. III haS s oT
property besides 1t has placed Itself already IN tle
position in these suits. of stpulatng with tho court
by its resolutions passed pending the snltS, that'
under the purchase agreement, ana az successor 70
fde other two companies, and the owner OF all the
shares of stock of those two companies II recognizes
its obligation to observe the contract rights OF the
companies would have been lawfully held to observe
those rights. If the purchase agreement ana the pr
chaseS had never been made. This IS all the pam
tifls demand. What sort OF an lnJuncli3l IL
any, the Court will issue against the Western Union
Company. in place of the one asked Tor
in the notices, OF motion, Is an o,nea
question. But | can find no principle
or authority to Justify any Injunction
in the terms of the present restraining orders ID
view of all the matters presented: Ihe case before ,n
interest in property. Here there IL nothing oil inc
kind. In the case before judge Lowell there were
two weighty considerations moving to the granting
nj the Injunction winch do not exist IN the present
cases. namely. that IT the Injunction were not
granted the rights of innocent third persons, as pnr
Chasrrs might intervene and cut of tho piainilH
from ultimate relief. and that the property OF tho
other party could not otherwise be held 10 respond
Here the purchaser Is party to the SUIT, made so
before the purchase Is perfected AMI The property IL
acquires is sub jndioe in its hands. Under these cir
cumstances to compel the stockholders OF the sell,
ing companies, when Their sale Is authoilzeu
by law to foregO the benefits of Il sale
valuable 10 them, aud TO submit longer tn
the sacrifices and expenses of business less advan.
tageous to them than the SALE is to put the power oil
court of equity and the province OF an injunction
to uses which are not warranted Ivy reason ol pre-
cedent The present restraining orders must he nls
solved and the motions for lrjunciOns III the terms
The question az to ininnctlons under the amend
mcnts 10 The bill already made Is held under advise
ment also Is the question ~ To any other form oil
injunction than that contained III the restraining
orders and the counsel for the respective parties
NAV make any suggestions they desire as TO those
When the Judge had finished reading. counsel for
the cable companies held few moments whispered
consultation. Mr.. Da Costa, rising, sald
"lu answer TO the suggestion cOntAined IN the
last few sentences of your llOnOTs opinion, We
would suggest that as we have already sufficiently
preached that subject, and IN order TO allow coun-
sci on the other side Ia express their views, time
should he fixed for the purpose"
General Swavue-l think that that had better DO
lett tn counsel u arrange. ANY day next week. -
Judge BlatchfoTd-lf il IL intended that shall
60 and make decision IN RESPECT to granting
some kind OF an injunction on ne 0righal mli. or
on the amended bill, independent OF any further
suggestion from counsel, should like to know IT,.
IL So will ask counsel an either side To furnish me
with printed briefs. II there is any form of in
junction tn be gran ell III tins case, ought 10 nave
the assistance of counsel IN preparing 1t. Ana II
the case - to take different phase. any time that
should spend IN considering IT now would not be
probably employed.
General Swaync-We understand your Honor 70
have SAID tnat the present application fails. We
deny that they are entitled To any IuJuhcin. but II
they want anything they must pIrsent another
form of order. and let IT he discussed. II they
still camorou, for relief they should give us the
o ask. ""''' VI N"'"'"N ~
Jndgc Blatchford-l have already suggested that.
Nj. Choate-We will be ready 10 give It, A we
undrrs,and the Decision however il substantially
grants demands, although not IN The FORM ~ the
bill. We will put our apPhcation III pIoper shape.
Judge Biatchinfl-DU 1t now. VIII ait mere uhtII
| dispose Of the cases.
Mr. Choate read = draft of an order H. proposed
for the consideration OF the Court II PoSIntn i"I
an injunction against the Western Union closing or
disseminating the active uSr OF the Atlantic ana "a
cite Telegraph Compiny's hnrs; from closing the
Offices Of the company; from removing Tie
signs: from di>cnutinuIng tho use OF the
Atlantic and Pacific blanks ana ron
disseminating tGc mutual 'T["a aiIn Of
that the Western Union Company he cOnlnAudci
10 keep the INES OF the Atlantic AMI Pac'hc Com
panv IN good working order ana 10 carry on inc
business AT the ollie oi the company III tn1 Hhhr
manner as IT was carried on i'fr he consolidation
agreement 1t WIS further asked ina me drlrii-
dant telegraph companies lie restrained. during the
f tit.h
ment BET r.n the American lniOh Telegraph ON
pqny and ihc American Telegraph aud Cable Com
pauy. PRELIMINARY lnJnncti3hs III ac'oruIhco WI"
The terms Of the proposed order were asked FOR -
similar order was also a-ked for III the French Ca
bic Company = sIlt.
Ex.Juigc Porter objected to the draft 1t was en-
tirey too comprehensive ~ It's scope. Mr. Choato
rrplicd that II was drawn in conformity with the
views of the Court and with the provisions OF th'
contracts of thc Atlantic and Pacific and American
Union Telegraph Companies which the western
Union Telegraph Company has assumed Inc 'D-
jet was 20 nave matters rs noary ~ th,b we're pc
lore the consolidation agreement OF January ~,
1881 The theory of the order was To MAINTAIN the
lines IN their Integrity.
from the atldavIts IN the case Ihry ask that all
the Office snond be- kept open al an annual expense
OF 500 600.
judge B.atchford-I shall not do that. II had
been prepared ID do Il should have done 1t IN my
decision. | am not prepared now To dO do anything
except simply to dissolve the present restraining
order If any notion il 10 be made for any to. u I'll
restraining order think 1t ought 10 be done on ho'cc
formally, with an opportunity TO the other SIZE 10
meet n. ] will hear motion at any moment be-
cause the interests involved III the matter are ai GER
IA TO one side al all events. than any ono other tiiS
that can command my attention.
Mr. Cboate--It seems to me that the Court should
make such order extending to the hity-slN Offices
AZ which cabcgrams have been hitherto received
and transmitted to the plaintiff companies.
Mr. Whaeer-We would suggest that there arr
only eighteen Offices.
Judge Blalcllord-Now here are forty Offices from
which you had 81 400 last year. Al some Of these
places they would he very likely 10 keep open two
Offices. 1mcy include such pl iccS Brooklyn,
Washington, Albany and Uuca. But when you
come TO such places Krarney, N"hraSNa'
don't suppose it pays TO keep open even one Ollie.
Where am To draw the line I IL seems to me that
the whole thlng must stand or fall tngelhcr.
Mr. Choatc asked whether the Court would enter