The Portland daily press., 1888-08-27
MACKAYS TELEGRAPH LINE IN COURT.
Hearing on the Petition of the Maine
Central
For an Injunction Against the Postal
Gable Company.
The Work Between Mattawamkeag
and vanceboro Nearly Done.
ISpeelal to the Press. [

AUGUSTA, Aug. ga hearing occurred
before Judge Libbey at the Court House
this forenoon on the petition of the Maine
Central Railroad Company for a bill in
equity to restrain the Postal Telegraph Cable
Company from erecting poles and wires
along the line of the European and North
American Railway between Mattawamkeag
and Vaneeboro. the right being recently
granted the telegraph company by the Rail
road Commissioners Baker and Cornish ap-
peared for the Maine Central Railroad Com
pany and C. f. Woodard, Esq, of Bangor,
for the Cable Company.
The ground on which the induction was
asked was the unconstitutionality of section
13, chapter S7s, of the public laws of 1885.
Hon. j. H. Drummond, of Portland, was
called and testified as to recent consulta-
tion with Hon. Arthur Sewall president of
the Maine Central Railroad Company, in
which the latter stated to him that under
their contract with the Western Union Tele-
graph Company, the Maine Central Com
pany would resist the building of the line by
the Postal Cable Telegraph Company, the
Western Union agreeing to bear the ex-
penses.
Mr.. Baker read depo sition given by Pay
son Tucker, Esq, general manager of the
Maine Central Railroad Company, Aug. "a,
in which he deposed that the Postal Tele-
graph Cable Company had begun the con-
struction of its line over the European &
North American Railroad Company's loca-
tion without giving any notification whatever
to the officers of the Maine Central Railroad
No., \ 4
tlnued the construction of their line up to
this time, much to the injury of the road-bed,
etc.
Certain kilograms which passed between
Mr. Baker and Mr.. Tucker concerning the
case and the operations of the Gable Compa-
ny, in building their line along the road,
were introduced, Mr.. Baker also presented
certain deeds of land purchased by the Euro
pean d North American Railway along its
location.
Mr. Woodard read the contract between
the Maine Central Railroad Company and
the Canadian Pacific Railroad Company, by
which the latter was given the right to run
their trains over the Maine Central road
from Mattawamkeag to VancebOr0.
Mr.. Charles r. H0smer of Montreal, super
intendent of the Canadian Pacific's system
OF telegraph, was called, and testified as to
the connection between the Canadian Pa
cifc and the Postal Telegraph Cable Compa-
ny, the same as at the hearing before the
railroad commissioners.
Mr.. Woodland argued the case for the Cable
Company, claiming that the Canadian Pa
cific's contract allowing them to run trains
over the road carried with it the right to
erect telegraph line or transfer that right
to another company; that the privileges
which the Western Union Telegraph Com
pany were guaranteed by their contract with
the Maine Central Railroad Company were
void because against public policy; that the
injury resulting from the building of the
line was very small, if any.
Mr.. Baker argued that section 13, chapter
378 of the Public Laws of 1885, was uncon-
stitutional because it did not provide for any
compensation where damages were incurred
as in this case.
Judge Libbey did not render any decision
today. If he decides to grant an injunction
then the Postal Telegraph Company will be
obliged to cease building and will carry their
case to the law court. IL he does not then
the Maine Central Company will go to the
law court and if they get favorable decision
there then the Cable Company will be OBJ
liged to remove their poles and WIRE
The Cable Company have had a crew of
seventy-fye men employed in the construc-
tlon of their line between Vanceboro and
Mattawamkeag since August 7th and now
have about 25 miles completed on the Vance
boro end, and if nothing hinders will CON-
plete it in about ten days.