Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-03
THE TELEGRAPH WAR.
A Complete Abstract of the Case
The Suit of the Western Union Telegraph
Company Against the 3. & Q, Railroad
Company and hutsd Onion
telegraph Company. ~
THE CLAIM OF TIE. PLAINTIFF

-
Yesterday morning tlle REGIsTEa pub
I;sbed The main points man approaching
t,,it broupLt by The Western pniou Telc-
,,ro,,h COMPANY againS( the b. & .. Rail-
, Trood Company and the utua Union Tele-
9Th Company. J'he faets, then difficult
70 obtain. were briefly stated. but in q
, matter OF Such Importance will bear amPli-
| tCation. =.
IN rough its attorney, William f. Hubbard
! has given notice of its intention Of apply
! iny for an injunction against the H. * O.
r. eS Co and the Mutual Union Telegraph
/ Company and has filed bill IN chancery
| In the circuit Court Uf Ohio county, To be
Ehep-d ON the 18th instant. The entire
ratter is amply set forth in this bill AMI
4 of great interest in this vicinity.
= III sets forth that in 1876. the Western
Telegraph Company was duly Incorporated
in Maryland, for the purpose nj carving
ON its IUsiucss and having full powers un-
der lie laws OF Virginia, To conduct teie-
craph line between Baltimore and Wheel
ing ON June II. l>5I. it made u written
contract with the B. * o. railroad company,
bv which il was authorized To ran It's lines
giory the railroad The latter company
was GRANTED the privilege a. using one wire
for i!S saiirnad business. II was agreed
that at stations where the telegraph com
pany had no operator. the railroad COM
ranv would cause its operator - transact the
commercial business and turn over month
~. to the telegraph company. or its assigns,
the lre cccds at the usual rate Tor telegraph
ing. All Of the posts. wires and appurtc-
nanCc> were the property al the telegraph
company and 50 understood.
IL was further provided that in the event
of dissolution OF the telegraph company
or = suspension OF operations on its part,
either voluntary or in consequence of legal
process Of any Kind that the railroad com
panv should be n liberty ANA WAS author
lied 70 take charge OF the telegraph line. Tor
their own purposes. with the appUrte-
nanccs. until the telegraph company
should resume active operations; and 1t
was expressly understood that no interest
which the telegraph company might have
in the line should he aSsignublc, so a. Ia
affect or impair in any manner the rights
Of the railroad company under the agree
mCnt.
ON AUGUST Is. l>53. tic Western Telegraph
company. having fully performed IT. part
Of the contract, leased in due form OF law,
for term Of thirty wears, 10 the American
/ Telegraph company. its lines wires, etc.
/ al q rental OF $lUi76 per year payable
/ scmi-annuully. on each January 10Th and
/ July 18th. 70 the American company fell
/ the duty of performing ali the contracts
| made by the Western TO the b. IL q. COM
/ lany.
ON June T.. l>GG, having fulfilled its
leased contracts the American company
assigned TO the Western Union company.
/ the plaintiff its rights, privileges and con
/ tracts the latter still in full force asrcgard-
cd the railroad company. For som" time.
/ the arrangement a. per contract was ami
7 Cahly conducted and statements OF accounts
passed from one company 10 another, FOL
4 lowed by Il check in settlement. Then. the
! plaintiff AYERS. in 1871, the Baltimore and
. Ohio railroad company excluded the Yves
/ tern Union operators from the Offices at
Wheeling and Grafton ami have since then
/ retained the lines and offices for their own
use and have never accounted Tor
the money received by them III the
/ tran >aCtiOn of commercial business. y
. contract. the terms of which are unknown
to the plaintiff. was then made between
/ the Il. " q. Railroad company and the At
! lantc and Pacific Telegraph company, and
/ Il similar contract was proposed 10 be made
hy the railroad company with tn" Mutual
Union Telegraph company.
Now. the plaintiff asks the Court To- issue
its order restraining the Il. X -. Railroad
company from making any such contract
with the Mutual Union Telegraph COM
1 pany. and also restraining II from prevent
| ing the Western Union operators from
taking charge Of the lines in the offices
mentioned. Ii further asks the Court to
/ subpoena the L. d q. Railroad company and
compel the production in Court of the
: originals OF tho Contr9Cts mentioned above.
and its agent, 10 answer sucn questions as
may be deemed necessary and proper in
the case.
Last of all. it requests the Court To ap-
point a Receiver 10 examine the accounts
. dot mo N,.la t iS a. +
in from the railroad company for the COM
mCrCial business transacted on its wires.
The bill is signed by the President of the
Western Union Telegraph company, and is
addressed to the Circuit Court.
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