New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-01-06
WESTERN UNION LITIGATION.
THE COMPANY IN PENNSYLVANIA.

THE COMPANY IN PENNSYLVANIA.
ARGUMENTS BEFORE THE Acknowledgement ON
A PETITION ASKING HIM 10 FILE BILL IN
EQUITY AGAINST THE COMPANY FOR VIOLATING
THE CONSTITUTION.
HARRISBURG, Penn, Jan. 5.-Argument on
the petition OF citizens Of Pennsylvania asking
that the Attorney General file bill IN equity
with the Supreme Court against the
Western Union Telegraph Company for an
alleged defiance and violation Of the Constitution ana
laws of the State was begun before Attorney General
Palmer at to-day.
silns W. Petit Of Philadelphia, opened
the argument in behalf OF the petitioners
He said that 1t was welLestablshed law that cor
poration one State only exercise It's franchises
In another State by sufferanee and invitation,
and not by any constitutional provision.
take IT," he said, that the Atorney-General OF
Pennsylvania will not decide that telegraph company
INCORPORATED by the State Texas Maine can come
into the cities Of Pennsylvania and erect poles and
string them with wires I'm utter disregard OF the
laws Of the state. It has been said that the
Western Union Telegraph Company Is beneficial IN the
fact that public necessities say IL does
not construct, but lets other companies con-
strucs and as they reach competitive
dimensions It buys Them inter violation OF its pow
ers The constitutional provision pointedly says that
no telegraph company shall consolidate with or hod
in any other competing company any stock or
interest by purchase or otherwise There-
fore as the constitutional provision preoludes
buying It must preclude selling 10 competing line,
parties necessary to sale both parties mold
ing corporate powers I, therefore, hold that
tae SAFE direct Violation rSonO Of the Constitution
The sale or purchase is admitted by the western Union
and the law plain and needs only enforcement ~ tne
western Union il not a corporate citizen OF Pennsyl-
vania but OF New York. We can supply our own means
MI Petit who spoke for over hour. was followed by
General swayne In behalf OF the company, General
no practical good to the people, and nnpront
able to their owners, and the western Union IeegraPn
Company serving the public by buying tne
corporate rights and making them or value He
read several opinions one tine case TpecrOph
Company, recently decided by me . snper%r
Court OF New York IN support v OF copanT had
given TO the OF Pennsylvania cheaper rates ana
better facilities than could otherwise be gained. 1t was
with view OF parayzing this that this movement was
nsuuured The acts complained OF we're a u, ,he
people OF Pennsylvania. General swayue Jar
gued that the lines OF the company were
OF the whole United states that 10 deprive that public
| OF their would DO 20 paralyze business
OF coming into the state, he asserted, was granted
to the company BY Congress through Interstate com
benjamin Harris Brewster spoke very briefly for the
company. He insisted that the company had rlsht 10
have IA party complainant In this matter IneY came
here TO meet those who, u Is alleged nave
been aggrieyed' but they dd NOT ma ,t taeln'
The alleged compliments may be Foreigners Inc az
gre we'd should Pennsylvania subjects, none Others
The Constitution, he admitted prohibited the consoaa
ton " competing telegraph companies mn ar the same
time II left the penalty and method for violation 10 the
Legislature. That body, he said, had not PROVIDED
penalty aud consequently without an existing remedy
tnere could be ICtiOu.
samuel Dickson, OF Philadelphia. followed for the
plaintiff and cited great many cases 10 sun
stantlate the position taken by Mr. Petit lie
read The Testimony OF NOryin Green, president OF the
Wesierp Union Company, TO show that the object OF
purchasing American Union was TO get II out OF the
way " q competitive line. ,
John X Reed. of Philadelphia, closed the argument
FOR the plaintiff by reading paper signed by number
of Philadelphia show that the assertions or
Attorney General BrewsteT relative TO there OelhB no
pl.fuil M IN the matter lot well founded
The argument OF the case consumed the cnlre aIter
noon and at rs conclusion Attorney-General Palmer
Took tie papers aud reserved his decision
gor other Bostern Unton litigation second Page