New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-02-04

graph company which duly incorporated under ana IN
Of the act entitled An act for the inc0rpora
ton and regulation of telegraph companles pa.sSiu
any line or lines OF electric telegraph not described IN
their original certificate OF organization WIoIn 1,
wholly within or wholly or partially OeyOfHS s"e
ton or association In constructing, leasing ownns,
using or maintaining such ne or e s and NAV be-
come essee3 OF any such line or lines upon the teIs ~
ac a a ss c provisions are applicable to
constructions using, MAINTAINING owning or nOiuit VI
telegraph lines any interest therein pursuant 10 INC
provisions OF this act"
These various enactInents serve two-fod purpose:
Frat they Indicate persistent course of policy Then
they lead up to the Act of 1870 and strengthen the BE-;
lief that that act but the elimination OF genera
OUT excnse In the course Of such prior legislation for
the that the lawmakers could not III me AG.
OF 1870, have meant what IN terms they nave sil A.
is PLAIN therefore that The natural import f the words
used Is not repuenant TO any Acknowledged prncpe Vi
We repeat then that considerations ~ policy IN me
of general public feeling cannot AVIAN ID tne
granted We not feel the public Pulse DeIote
making M our minds to enforce the aw lnat Woui 20
AN SaIrantabe usurpa Of the legislative function,
and would throw all legal rights into see OF uOGot anu
As was ss s1 nted ate Bank q Wheat 3s
866J judicial power is never exercised lot the purpose
purpose Of giving effect the viii OF tne Legislature or
in other words 70 the will of the law" ., -
Tue may even have pretty decided opinion as
to the transaction under consideration, but no useful
purpose Is served by the expression OF an opinion n0
restrain these people by such Judgment our opinion as
their conduct will have little weight TO check the COM
pletun OF their design. $3.50
The cases cited uner the statute which provides that
III two more persons shall conspire to commit any
guilty Of a misdemeanor" q r. s. gu - are enttey
Hssei .se noabT osSsr act DEMO 49,
| and Stanton agt Allen DEMO 434) were not authoI-
ICED by special statute. How IL possible To treat tha
which the law authorizes criminal violation o. law
1t will Ue found too that the cases under the REVISED
Statutes either criminal prosecutions or actions at
law between parties in Dari decto. We have found no
punishable under the sttute This branch OI the
need not be further considered.
Personal CHARGES.
Nor did dwell at any length the charges and
coUnercharges Of purely personal character The IN
divdua defendants certainly not disqualified as
directors from entering into this initial agreement,
merely because stockholders they proted by It, That
is q strange grievance TO he put forward by stock
holder himself proftcd by the appreciation Of
his stock consequent upon the very acts OF which he
complains If this appreciation is fictitious or ephemeral
If the a1reemcnt Is really contrary to the best interests
these stockholders they have the matter IN their own
We told that the requisite threc tins OF the STOCK s
ALREADY In the hands OF the Individual defendants OF
their associates the scheme III that be 50 1t Is inor
right to exercise the power when the possession u
such interests conierS upon them. me court 'alnot
interfere with them long as they Keep within IN" Jaw;
and that we have ste tcy nave mus far succrrdc1
doing. 1t may be an abuse OF their power II NAV
even the plaut asserts. ne bow aimed al the peO-
pie. But thr responsibility FOR tins state O Things rests
the legislature which provided the weapon. All
Qu presented Ivy The learned counsel have thds
been more fuzzy probably tnan wts necessary
Under ordinary circumstances SIMPLE reference To the
Act Of 1870 would have suiiced. But the discussion at
the bar tIUrOuS and exhaustive, and the inter
involved great tIat We felt 1t 10 b. our dy
" tOuch every point ia I'll" case.
The Proofs with regard 10 the plaintiffs Use OF the
temporary injuuc Ion htVe not 50 lar been noticed Tor
the ihIt thought II better to pass upon the
merits AZ We feel bound 10 say however, tnat II
tie general result had been otherwise, we should SIN
felt constrained To deny the present injunction
because Ul the course which te paniln puS SIZED with
II. UartN coming into the court aud seeding
equitable RELIEF must apply IN perfect good Latin. The
VIII not permit its process 10 D. procured ana
used merely for Interior purpose entirely foreign 10
the 0s eLsbl" Ohec 81 the suit. Nor vii II permit a
plant traffic IN such process Tor purely sp cuatvc
purposes In every aspect o. the case personal 10 ni
SELF, or sc,i.duhuIZ'd representative al 0thcl
stockholders nOae Of whom has indeed. appeared or
except protest agiln the SUIT the plaintiff
fans. There avcrm"lt- IN the complaint Which
seem Indicate that the pantln either supposes his
bid be fled upon behalf of tue community, OF e~t That
the state OF pubic opinion AID frn- 1sa Legitimate
factor OF his ST. ChhOdT- bill The later IL
Tie only correct OF Inc palnuHs attitude, aud
may WEI under stood, ID At Tie ntdy, ar - the
paOic IL conc rned rot In tie Lands % individual,
king personal ends, bat wth the chosen representa-
Of poop III the legislative body. IL II th"e
and there az that The power lies aHd the RESPONSE
btJ rests.
TIC motion for an injunction denied and thc tcupOr
airy injunction dissolved with $40 COSTS.