New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-02-05

THE STATE CANNOI lNIEREfE Exc.
THE Tiki OF ATToRNEY-GENERAL WARDS DECISION.
ALBANY, Feb. 4.-Attorney General Ward
decided to-day not interfere with the telegraph con-
soldation The text of his decision I, as follows:
STATE OF NETWORK, }
OFFICE OF THE ATTORNEY-GENERAIn 7
ALBANY. Fec. A. loSl.)
In the matter Of the application OF certain citiz OF
Eew.YOrk TO the Attorney General TO begln an action
panies 10 prevent the consolidation OF such companies
fhavc considered the petition OF certain citzehs OF New
rs nresrnted and verified by RUFUS Hatch and beard
counsel representing the public and eoinpa res upon
plant was only received by Yesterday morning aud
have acted as promptly as p"ss ha a a'T 10 M
hebar npicr CHAPTER Dos If the laws OF 1870 winch
permits any telegraph company organized under Tue
laws this state to lease s OF or convey ITS rroptIy
rights, privileges franchises, or any Interest
therein or any part thereof any telegraph company
organized under the laws OF this or any 0ther
and Pacific Telegraph Company and the American
Union Telegraph Company can make the concentration
proposed. The effect o. the agreement between me com
p,nIes Is that the Western Union Telegraph Company
purchases property of the others upon err'an con
dIons and arrau gcmens. l, under this statue tins
contract can be contaminated action of course can
be maintained by the pope; and Az dttemYt e. 90 so
would b. dscredi, abe to the law OILERS OF the ale
and OF avail TO the people THIS s1olrct has D 'rn
under consideration in the supremr Court IL this elate
before his Honor Judge Barrett III az acioh nr"uEt
by Rufus Hatch az inst these companies the de'lsIoh
Of the Court was announced yesterday IN reSphse 10
my dispaca to Judge Barrett ASKING II ~ neu Ina s
this statute authoriz d the consolidation, nave TINS
reply, received last evening:
answer now your Dis pach YES, my decision Is that
the consolidation agreement between the telegraph com
panes was July authorized bY chapter o6S OF the Laws
OF 1870 aud that the remedy is sOey win the Legs
laturc"
This dispatch ia fully fed by certified copy o. his
HOnoi's opinion received this morning, February II
has been argued that the broad words of TINS statute
ehould have limited construction, because tile act re.
iered contains the provisions IA 1t ths" transfers I'll
prOperty and interests permitted between elrglaph
companies order perfect and end the connections
of telegraph companies in th> STATE aud pr mole er
UniOn with the telegraph systems OF other state'
that these words DO not QdtIfy the broad ana cetr
grant uf power transfer OF the prop rly ad
Franchises between these companies cOhthhed IN the
statute. .,....
Fun con sileratiOn of this statute mpes me T. me same
concu~llS reached BY JUICE Barrett lie courts
and the State officers UDv minister hc Ia" a.
thev hnd It, However much the Attorney General may
depreca'r this CjdsOld ton, ana however de'r"us ne
may AL the power hc may POSSESS 10 prevent H.
he can defy the law and the aduc mons OF TN courts
but bound by them. The remedy ia WIN the LElsa
ture that has made tins statute can undKc
It. that body the people must look for protection
make this decision at the earliest practical moment
after aiming the decls on OF ia supreme Court LOT
The uruatlon Of the Legislature and al cOncrr
HAMILTON WARD, Attorney -Gcuerdl