New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-10
MUST THE TICKERs GOT
RIVAL EXCHANGES AT LAW.
A yraHT FOR TIL. LIFE OR DEATH OF THE COZ
ArrctII rrI rGPAM COMPANY.

A FIGHT FOR THE LIFE OR DEATH OF THE COM
MERciAL EIEGRAM COMPANY.
The suit of the Consolidated Stock and Petro-
Ieu,n Exchange against the New York Stock FIX
change which involves the right of the latter to
keep back its quotations from its young ana can
eerous rival occupied the entire day before Judge
Brown in the Special Term, Supreme Court,
In Brooklyn, yesterday. General Benjamin f.
Tracy. assisted by e. r. Johnes and Mr.. Wilcox,
appeared for the plaintiff Charles g. WILSON,
who brings the action in behalf Of the Consoli-
dated Stock and Petroleum Exchange Of which
he is president. James +. Carter, Louis A. Led
vard and George II. Balcom defended the interests
of the New-York Stock Exchange, and Colonel
Robert G. Ingersoll and James Il. Chandler were
counsel for the Commercial Telegram Company,
which is co respondent in the suit
Z. r. Johnes made the opening address for the
plaintif. and said that fearing inroads upon It's
business the New-Yorl Stock Exchange was try
ing to prevent the Consolidated Exchange from
receiving the quotations whch os bonds
ETC. which were dealt in simultaneously ny oo'h
exchanges.
PRESENTING THE PLAINTIFFS CASE
The Commercial Telegram Company, by virtue
of a contract with the New-Yorl1 Stock Exchange
gathered the news of the sales and transmitted
the quotations to the Consolidated Exchange
Company at the command OF the New-fork otocK
Excbanpe took the ticSers7 out OF the Conso-
Gated Exchange in the face of an order from couro
restraining them from doing So and subsequently
thew were fined for the act and compelled 10 pun
them back. Now the defendant seeks TO pup
the Commercial Company out OF the New io nls
Stock Exchange altogether so tnaS u nvcr It's
wires The plaintiff would prove that the New-
York Stock Exchange, engaged in the business
of selling news had no right TO 1urh ou, ec
contract with the Gold and Stock Telegraph Com
pany, which is controlled by, the western Union Union
Eompany giving it o monopoly OF the quotatlons
A mass Of testimony was introduced from the
witnesses, Charles G. Wilcox president OF the
Consolidated Stock and Petroleum Exchange ana
George w. Casper, the secretary OF that in s;d
tuition constant round Of objections and dis-
cussions of legal points was Kept up, ont one
Judge declared that the case plainly rcstc d upon
into a contract to furnish the Commercial Iele,
gram Company with the quotations or not, ana
IL so, the latter should bring suit Tor damages III
a different court; and whether the quotations
were OF such q public character as would make 10
unlawful for the defendant to discriminate agaihso
any specified company.
POSITION OF THE TELEGRAPH COMPANY
Colonel Ingersol said that his client was In
the particularly unpleasant position OF being I'M
der an Injunction not to stop giving the quota
tions to the Consolidated Exchange, and at the
same time temporary injunction was all than
STONED the New-Yorh Stock Exchange from eX-
Gliding them from the floor in short order ne
PRAYED that the court would protect his client IN
endeavoring to comply with the court ~efder III
ready issued. a.. IA
An attempt was made TO show that the de-
PENDANT had entered into contract, BUT me
plap- or written proposal drawn up py tne
Governing Committee containing the conditions
under which it was proposed to admit the tele.
graph companies the floor OF the Exchange was
not admitted as evidence. James Il. Garter then
told General Tracy that he need not produce any
more testimony to prove that the defendah IN III
tended to put out the Commcrclai IelegrM, VIZ Vor-
many for they would admit that the Newt ort
Stock Exchange had threatened and fully m n,
70 carry ont the announcement that it would eX,
make an exclusive contract with the western
Union Company.
The case wifi be continued this morning.