Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-03-07

| 600, and the Missouri Pacific system for
the same time improved $144,0OO.
TELEGRAPH FERMENTATION.
The Mayor of Chicago Acted Illegally. but
the Court Denies Redress -AntiCOn oil
dation in Pennsylvania.
Especial Telegram to the Globe.
CHICAGO, March 6.-Argument in the ap-
plication of the Mutual Union Telegraph
company, for an injunction to restrain the
city and Mayor Harrison from interfering
with it in restoring connections with its
wires in this city, was had before Judge
Drummond, of the United States circuit
court, this morning. Judge Lyman Trum-
bull appearing in behalf of the company,
read the law in chancery filed yesterday.
He contended that the underground sys-
tenn was not feasible for long distances.
The city could not absolutely exclude tele-
graph lines under the United States laws,
and only had the power to regulate them.
He held that the telegraph company had
used due diligence to perfect an under
ground system, and should have reasonable
time to establish it.
City Attorney Grinnell argued that the
ordinance itself was sufficient notice for
March 1st to the company of the
mayors intention to tear down its wires.
The company had understood its wires
and poles were to be of temporary char
acter. 1t had not used diligence to COM
ply with the conditions of its charter and
it had put up sixteen additional wires a
few days before the contract terminated
showing some Ulterior design.
In giving his decision, Judge Drum
mond said he should assume that the plain
tiff was bound by the ordinance and the
conditions in it. Still he thought it was
not competent for the mayor to destroy
the property of the plaintiff 1t was his
duty to make application to the court for
the purpose of adjusting the rights of the
parties to the contract. He had no right
to cut the wires. GAIL 1 can do,' said the
judge, sis to prevent the mayor from in
terfering further as he has done, viz. {:
as though the rights of no one else were
concerned. The court can njoin
Mayor Harrison from interfering with
or destroying the property of the
plaintiff" The Judge therefore issued an
injunction restraining the mayor from
further interference with the
MUTUAL UNION COMPANY,
but not from preventing the restoration
of the wires already down.
The effect of the decision is to prevent
the mayor from proceeding to tear down
the company's poles, and at the same time
prevent the company from restoring its
connections. The Judge said it was clea~
to his mind that the company's rights in
the city had expired.
Mayor Harrison says the decision leaves
him nothing to do but station force of
| police at the points where the wires are cut
| to prevent the company from reconnecting
them. Superintendent Chapman, of the
Mutual Union company, said that under
the ruling of the court the company could
sue the city for damages.
Western Associated Press.
CHICAGO, March 6-The motion for the
injunction to restrain the city from inter
fering with the Mutual Union Telegraph
company in re-connecting the wires cut by
order of the mayor some days ago, was be-
| fore the United States circuit court to-day.
After hearing argument Judge Drummond
held that the Mutual Union company, hav-
ing come into the city on the agreement
that its wires should be laid under ground
before March 3, 1888, it must abide by the
terms of that contract; that its right tc
carry wires on poles expired by Limitation.
On the other hand the mayor of the city
in causing the wires to be cut did an un-
lawful act. His course properly was TO ap-
ply TO the courts tor adjudication of the
contract, but owing to the expiration of the
contract the court declined to issue the in
junction, the terms OF which would allow
the wires to be connected again. Plaintiff
desired to restrain the city from any fur
ther summary interference with its prop
erty.
HARBIsBURG, Pa, March 6.-In the SEN
ate to-day the senate bill to eschew to state
property of telegraph companies which
consolidate with competing lines was
again considered and passed finally by a
vote OF thirty-n;ne yeas to nays none. The
bill has been sent to the house for concur
renee.