New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-02-18
THE PROCEEDINGS IN EQUITY.

THE FAIR INTENTIONS OF TIE WESTERN UNION
TOWARD THE CONSOLIDATED TELEGRAPH COM
PANIEs, AND ESPECIALLY TOWARD THE ATLANTIC
AND PACIFIC-AEGUMENTS BLFoRE JUDGE
NEUTRALITY-SUSPICIOUS. INJCNCTTON.
Senator George +. Edmunds, accompanied
by Clarence A. Seward, Charles NJ Da Costa and Lewis
L. Delafed appeared in the United States Circuit Court
yesterday morning, on behalf OF the Direct
United States Cable Company, in CXpec-
tation that counsel for The AtlJnc aud Pacific
Company, the Western Union Telegraph Company. the
American Union Telegraph Company, and the Union
Trust Company Of NewYOrk wOull be present, in com.
pllance with the order made Wednesday by judge
DatchfOrd, fixing that time for thu hearing Of motion
for a preliminary injunction agaust the defendant
companies. On the motion OF Everett T. Wheeler, cJun
sci for the telegraph companies, the heaing Was ad.
iOurncd until 1880 J.. n in oidcr dat cXJuige Dillon
might be PRESENT.
At that hour Judge Blotchford tok h!s seat on the
Bench and tue proceeding opened ly ir D& C"sia
who handed up the papers In the case.
Mr.. Wheeler explained that he and JUDGE hllon an
pcaIed on behalf Of the telegraph c0.A"tni =. Tbs
tiu>t company was not repi seu e. VT WGe"l"r fheh
SAID that lis side had bad l' time in w':ich to
prepare papers the motion IL merits. There
were material facts VIII ch the Grcliau,s corld only
learn from Mr. Warl, the agent OF TIE CIba company III
this country. He then read the following niliav.;:
Norvin Green beng duly sworn, am pre- lent
OF the We'tcrn CuOn Telegraph company deic,dt'is:
-,'.' w. "'''''7 .
T. VII e!er COUNSEL for the def tnl. ne IL . WIca
they expect to prove by the ai. L'yt "i Nr"Sr era;
verify bell ye, hat HE dianddur caid si"'J tJttGt
to tlc algimeni OLA molten i9i an j .' =: I-.' AI
herein 1etwceo AMI D. n y sirTja! aAd tAeie mas
ben no obtain atiiayl, fr'il lln
ID irnGauts expect - prove hy slit V tfl th't tho
trlclIaphc business lewccn tbs nilTN and .'f"rr IS
R2T po1i fi and H tnc dct 1G' s e @ " yg GS" over
thirty years to lun by UEch ~" iaiIa - "a t,t 10
Transmission over al tlr ,bcs 1elOusins
TO SAID companies or any Of then.
Tie defend tnt Ia ne rrhli0n to V)ittc tue agree
noat tween tie PLAINTIFF ard ~" Al !@' and Panic
T,crmh Company or 10 divert any bn-in''s irOia tNo
palut05 I1CS.
WHAT IT WAS WISHED To SLOW.
The oljrc; Ok tile testimony TO be secu;ed from Mr.
Ward was show that. The business oi tic IT.
antlc aud Pacific Telegraph Company W5 diverted from
tie Cable Company THAT being Ia" eIav3men OF ITO
complantl the Cable Company would not suffer, mas
luch rs all tolls cyed By the ree cable companies
60 into common fund aud are divided
among the companies. that IN the Ov'u OF the Direct
| Cauc Company receiving no business II wOhd not
sui II. Should NJ Ward decline to make sHch afi-
dvit counsel would ak for an orlr :or biz eXamina-
Mr. Dclaicd explained that the meeting az winch mo
fatal 10 be cOnSllnutttu was 10 Uc L. III
on Saturday next. ana tEat OrGmg 10 the present.
aTy ~ II Restraining order was granted in ,he me ,n
llnr would have u" objection 10 th' pVsip0cment OK
Nj Wnrr!rr replied that % Gar as coud see there
qay In the prJpD>iu1H 10 rvSirdih the Western
L.. on T.icsI ipi COMPANY II uad 81. ,'rOB Ia u
RI GT and r %%n & Moad sG&I f. & not @ c if 2o@ Se Ss
Court con giln an ord restiiiAng i"' "co' at Ito
stnator Edmuuds--" what we want j. 10 stop any
;hinG done ctrfS out the ag" ~ 20: oi con~Oll:
dai.Ol. We dOn'' want the properly d,tnhu!ed ana
not watt any st;is taken 10 cian.e cur rlgLs.
want - prevent thc meeting 0i ;ic stoc%IOIiers
from taking 1iy ton which may IA 1T ~
Mr. Nnrc,r replied that tt motion Vas no, 10 stop
tcn,ion 10 That natter We do n,t intend. Ac Continued
10 violate any agteemrnt. The agreement
bG!sF% bs ['f t. t Htrrs WAT ca;y las the plata
IN IN cn application t. cjon the deicd rom paymS
soud injunction Issue. some pclsOis who have cT-
cai~ company IS send messages ard 50 loaI as wo
Thc have accrued II STOCKHOLDERS are such thar rat1er
th.n pUf ourselves in position OF being tud would
prefer proceeding with the legal argument to'dy.
JUICE DuLONS STATEMENT.
Islw ;he biz, said Jug Dillon at ooiccN last even
u. ior the fist time. lecve served ier-
son prior T. ) o'clo *. We desire hcarnG SI1T as
possbl, but In tao mcay:rue OBJ 'rt t. restrain
m oldcr beng issued u penalty for ne! b.lng
ready. Is tAcro any reas"h shown 10
tue bll why your Honor s"'"'d puo
your hand on us bcclu.e carry out Win; the Supreme
court has adiiscl is Glp.Y tie pdrsat OF a clear.
piain nal enable rGn Any supposed rghts
tie pain,;H may have Wee acquired sI1se-
oueuty t. tho passage of TIE statues under
waich tie Western Union Company ha, "cIei.
Should not Toe restrained from using Tue property ihs
We.:cln ion Comma la; aiwayo heH MAJ riti Q.
the eek OF III" AIantc and Pacific Couipiny ana u
mn more IN TIE power the Western Union Company 10
inptr adg It's rights than IL va, oc,2re;
the Atlantic and Pacific Company has ceased to exist
and we have election to an order that thc comanys
Inc shall he KEEP; open pcHdcnte dc II the contract OF
consO alton f. ultra rreS what need OF an i;unnctonf
II hs 9Hn % No % g ays %S 5C.n and the
Court should pause before tying Ss00Jo"OO Or three
the Snniaiion Of the case sad scpa'or mnnds TAX
lug up argument, Ia fl st the &c! oi hses' raNseo
f,iOr n tlip
post military and other Government rotls upon certain
conditions, OF which WAS tat tte cOhgaiy puilu-
ut6cr company. oar cIcnt and tnc atlantic
f,e pcor, the CD Company nal laf its under
III" ocean. The Atlautc ahG Pdclhc Company was an
Co,ntany Inc plalnnf i0uad that the Lnl;cd states
alutts prohibited the and company IRON dispoing VI
tie contract with the Atlantic and Pacific Company is
not contract which nnds !he p'rrs TO ,omn,rv
gave II mortgage ana that 10 tIDe 1t was loterio'ed'
cJuld not ne property be SID , -, ,,. vo,,o,,rv
ac ion Of parties 10 contract and tue action OF
Conr Eq M nsTy %ssTrS oSa peIpe S , sHs u. S tas
they don disturb and that their intenlOn
US ys ar sSS' ad c that bears fru We
have surrounded ourselves with Chinese wall In the
shape evStvGns m10S ySS 6Sd We as not s
| Tor an injunction against good iutfntlons, but but
SEaSf SSSplTiy wSeFs it oaGnt not to be-
entitled TO an injunction Tue act which we want se.
s@STc @ and - S p1nifc TeIrSrapn Coinplny. That
nany s 10 pass away, AMI TO transfer 'er out Va s
os;csOn every share its STOCK ana all its properly.
Gr o e,t,on 10 our company Is admitted 70 exist out
when we ask where are t. secure redfets we ma
,ln the nroncry mas divided up among tile so"k-
| hoLierS tmrnugl tn Uuinn Trust Company. You arc
asked to say that mat lawful We are entitled !" an
a. div6cd 0ur icdres Whatever IL NAY d. VIII % KOne.
| After some further remarks by Mr.. "nceier' Juuge
| BntchlOid SAID: =, r, 80. hill ,o NOW
Tne only Gu ston is what the Court shall 90 now.
think ought to grant restraining order so far q: te
| nronerty of the Atlantic and Pacific Telegraph Com.
nony ia Orcerne aud far 40 the carving oht Oh
| transactions with resteet to that properly. J uoNs
understand tnat TIC ua.tOu goes iur'her oa the pars
| Of the plaintiff IL. A.. .,. ,,o,.
| senator Edlnuus-If II g1es further than mar Scu