Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-12

To the Suit Of the Western Union
Telegraph Company.
A Sweeping Denial ofthe Allegations in the
Bill of Complaint Counter Charges
Against the Western Union
The Mutual Unions
>s Answer.
THE CASE CONTINUED TWO WEEKS.

complaint was presented in these columns
in a full synopsis, in which the plaintiff
claimed certain assigned rights, through
the Western and the American Telegraph
companies. in the Il. & o. telegraph Line,
and asked first, the appointment OF re-
ceiyer and second. an Injunction restrain
ing the u. & o. from entering into any
agreement with the Mutual Union Com
pany. Notice was served on the defendants
and the case came up before Judge Boyd,
in the Circuit Court, yesterday morning.
The counsel for the prosecution were
General Wager Swayne, OF New York and
W. p. Hubbard, Esq, Of this city. General
Swayne is q prominent attorney in New
York and is one of Jay GOuld's legal bow
ers. The B. & o. company was represented
by Messrs. Caleb Borgess., Daniel Lamb and
Henry NJ. Russell and the Mutual Union
by Baker, Peabody & Baker, OF New York.
The bill OF complaint was filed by the
plaintiffs and the defendants separately
fled their answers The court then adj
iourped until 2 o'clock, but before that
hour it was mutually agreed TO continue
the case until the 18th instant and in the
meantime have the documents printed.
The
ANSWER OF THE b. 4 o.
is briefly as follows:
Restrying TO itself, the benefit OF all ex-
ceptions which IL might take to the mani
fest errors, omissions and insuificiencieS
of the bill OF complaint of the Western
Union Telegraph company, the u. q y.
answers admitting that it IS informed there
was such a corporation as the western
Telegraph company, but rests the burden
of proof with the complainant. 1t further
admits that the Western Telegraph COM
\ 4 60 ,artain with
II, on June Is. 1853 and Sept. -, 1855, but
denies that this corporation had at any time
from S. i. F. Morse any general or unllmit-
ed ownership of the right to construct and
carry the electromagnetic telegraph, but
on the contrary. at the time OF the first
contract. the Western Telegraph Company
had ONLY the right TO construct and carry
one line and that from Baltimore to Wheel
ing. with branches; and had no right for
any further use of the Morse patent; and
any assignment ii might have made could
have affected this
ONE LINE ONLY,
and that the respondent entered into the
contract with the understanding that it
was 10 have exclusive use of one line for its
railroad business, and that a joint use OF
one wire would not SubServe the ends for
which tie contract was made. because the
Western company wholly failed TO perform
the agreement on its part. The second
contract was entered into by the b. x o., it
AYERS, 10 secure a second wire, so that it
might use one exclusively. This second
wire was erected not under any right held
by the Western company, but by an ar
rangement made by the 3. Il y. with the
owners of the Morse patent.
RIGHT OF TERRITORY.
The respondent also denies that the West
ern Telegraph Company has any right,
under the laws Of Virginia, TO run and
operate q line along any OF the roads or
works in that State; and il denies that the
right to operate in Virginia or West Fir-
giHia was ever aftcrward acquired; or in any
state except Maryland, in which II was in
cOrpOrated. The respondent believes the
copies of the contract mentioned are cor
rect and that the originals are in its possess
ion. though it does not COncede the inter
probation put urOn them by the complain
ant, denying that the Western Company
was the recognized owner OF the wires,
posts, etc, and Tat it was granted any ir-
reyocable license T. maintain the telegraph
ic line. 1t had violated its contract, by not
keeping the lines in repair, and therefore
the respondent absolutely denies it TO be
true that the Western Company, by virtue
OF these contracts, proceeded 10 erect and
a. its property a line Of telegraph
alCng the Il. Il .. railroad, and that the
second wire ever became the property Of the
Western Company.
NJ RIGHT To LEASE.
1t is admitted that in 1859 the Western
Telegraph COMPANY executed to the Amer
lean Telegraph Company the lease Is claim
ed, but it is denied that any such power
was held by either company; and 1t denies
that the American company performed all
Of the Westerns contracts and obligations
with the respondent
The L. tS D. admits that the American
Company did, on Jane L, make an assign
ment 10 the Western Union, but again de-
mics the right and power; and denies gene
rally thai by that or any other method, the
Western Union ever became the owner OF
the line in dispute, or entitled to any oene-
fits or profits acCruing thcTctrom.
1t further states that the contracts were
ignored and disregarded, and
that during the civil wa; the posts and
wires were repeatedly destroyed By the con-
tending armies and aS often replaced by the
defendant, until as il believes, the entire
inc has been renewed ut least twice; and
as the Western Company has failed to in
demnify the y. & y. Tor this enormous eX-
pense and hid otherwise violated the con-
tracts, the latter had long been not only
suspended but abrogated aad abandoned.
And the respondent denies wholly that it
ever admitted the rights of the complain
ant As assignee.
DENIES ANY INDEBTEDNEsS.
As 10 being indebted to the Western
Union Company, the b. & y. AYERS that il
were its expenses of keeping the
lines in repair to be fully made up, (Which
they are mott that the companies which
operated the lines would be
indebted To il in the sum of several hun
dredS Of thousands OF dollars. In fact, the
state of affairs were 50 complicated that it.
the Il. 4 O.. did in 1877, terminate all Ii
cense or SUt'craUcc whatever, on the part of
any ard al companies.
The i. & q. then generally denies the al
lNatiOnS OF the Western Union in that 1t
is or has been. since 1866, entitled to use
the line mentioned, or 10 have its operators
i'm the offices of the L. Il o. at Grafton and
Wheeling: or that it is entitled to any or
all moneys received from commercial bust
ness transacted on this line.
THE AGREEMENTS MADE.
The +. Il .. admits that it did, as it had
the right enter into an agreement with the
A. Il T. Company, AMI that in February,
1850, with the American Union Company,
but denies that it has OF late conferred
upon the Mutual Union Company any
rights to its lines, or proposes to enter into
anv agreement with il.
The respondent asserts that it believes
and insists that the Western Union, in this
suit, only intends to harass and vex the
respondent in its effort TO maintain a line
beyond the monopoly formed by
the Western Union when il consolidated
with the American Union and Atlantic and
Pacific companies. And generally denying
everything except what is admitted above,
the respondent prayS for a dismissal of
the suit. The answer is signed by John
W. Garrett. President, and attested by w.
II. Ijams, Secretary and Treasurer OF the u.
& o. Il. X. Co.
THE MUTUAL UNIONS REPLY
is signed by C. F. Peck, Secretary, and is
simply denial OF any allegation that 1t
has any right, title or interest in any of the
b. & O.'s lines, or has or is about 70 acquire
any by agreement or contract. And it ac-
asks the dismissal OF the case
against it, without costs.
MRs +. SINMERING, Millersyille, Pa, had