St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-23
The Contract NTade.

HE Contract Mades
On the 1st of May, 1880, contract
was entered into between the North
western Telegraph company, the West
ern Union Telegraph company and the
Northern Pacific Railroad company re-
citing among other things that under
contract of March %. 1870, the tele-
graph companies constructed certain
telegraph lines along the right of way
of railroads operated and owned or con-
trolled by the Northern Pacific Railroad
company. said telegraph lines being
owned by both parties hereto jointly
and equally.
It is averred that no such contract
was made between the parties in 1870,
or at any time since and prior to May 1,
1880. but. on the contrary, that the
Northern Pacific Railroad company
required to do by act of its incorpora-
ton. tits denied that the Northwest
ern Telegraph company and the West
ern Union company, or either of them,
had any interest in said lines. 1t is in
sisted that if it should be discovered
that such contract did exist, or the lines
were constructed by the said telegraph
companies, that it was breach of pub
lie trust and violation of the Northern
Pacific charter rights.
1t was provided by the contract of
May l, $780, between the North western
and Western Union Telegraph compa-
MES that they should construct line of
telegraph along the main lines and
branches of the Northern Pacific rail
road. The road may establish stations,
but that part of the duties of the rail-
road operators at them shall be to do
business for the Western Union Tele-
graph company in addition to the duties
operators doing duty for both the railroad
and, Western Union Telegraph company.
1t was also agreed that the telegraph
company might put operators on the
line when the paid messages exceeded
twenty per day, and providing for the
payment to the railroad company of
One-third of the gross receipts Oh mes
SageS along the line of the road, except
ing the receipts on messages sent from
or destined to st. Paul, Minneapolis,
Duluth, Helena. Portland, Olympia and
Seattle, and also excepting ocean cable
tolls for lines of other telegraph COM
panies.
1t was agreed that said telegraph COM
panies should have the right of way
over the lines of the railroad company
graph lines during the cOntinu-
ance of said contract, which was made
for the term of fifteen years; and that
SAID railroad, without charge therefor,
transport all materials necessary for the
repair of said lines, and do all the work
necessary to repair said lines, and would
not transport any men or materials for
the construction of line of telegraph
in opposition to the lines of said tele-
graph company. excepting for the usual
rates charged for similar transportation
to other persons, nor distribute for such
line at other places than regular sta
tons; and that the lines Heretofore
constructed should be treated as if con-
structed under this contract, except so
far as the payment of one-third the cost
thereof.
These contracts are still in effect, and
the Northern Pacific Railroad company
has long ceased to operate or maintaih
telegraph line for any public OF COM
mercial purposes, and has sought and
still seeks to protect the defendant tele-
graph companies in their enjoyment
and possession of their monopoly of
such business. 1t is averred that it was
beyond the power of the railroad COM
pany to make the contracts or the de-
lCuudlib bOlOSldpA Will pohiOo w IOOOlfO
them; that they were induced
BY Corrupt Considerations
which render them void and were
against public policy and in violation of
the rights and without the consent of
the United States.
By an act passed by congress Aug. z,
1888, supplementary to the act of July
1,1S62, and July 2. 1868, it was provided
that the Northern Pacific Railroad CON-
pany should, through its own officers,
maintain and operate for railroad, gov
Ornamental, commercial and all other
purposes, telegraph lines, and exercise,
by itself alone, all the telegraph fran
chises conferred upon 1t and the obliga-
lions assumed by it under the act grant
ing to it lands and other privileges
without discrimination and on Just and
equitable terms, and that it shall be
the duty of the attorney general to see
that these provisions are carried out,
and all contracts set aside and annulled