Evening journal., 1891-04-24
LAST EDITION
POSTAL wANrs a TgLgPdoNg.
Important Litigation Before Judge
Wales IN U. B. CircuIt Court.

Important Litigation Before Judge
Wales IN U. s. Circuit Court.
Judge Leonard E. Wales is to- day
hearing argument here on motion for
mandamus asked for by the Postal Tele-
graph Cable Company as relator against
the Delaware and Atlantic Telegraph and
Telephone Company to compel the latter
company to place telephone instrument
in the office Of the Postal Telegraph
Cable Company in Wilmington. The de-
PENDANTS claim that they are licensed by
the Bell Telephone Company of Philadel-
phia under the express agreement that
they will not connect with any telegraph
company other than the Western Union
Telegraph Company and will not take
telegraph messages to any other COM
pany than those of the Western
Union system.
1t appears in the answer of the de.
PENDANT that the latter company owns or
controls the American Bell Telephone
Company. the parent company owns the
telephone patents and that it has 8
special agreement not to allow any other
telegraph company to use the telephone,
and that the Western Union Telegraph
Company pays the telephone company a
percentage or royalty on its receipts ~
that business
The relator claims that there can be no
discrimination In the telephone service
as 1t Is dc dicated to public use: that the
relator is entitled 80 the same service on
the same terms as the Western Union
Telegraph Company has it and
the same terms as any subscriber Of the
telephone company has. This is re.
garded as test case.
Hon. George Il Bates of this city and
r s Guernsey of New York are for the
relator and r G Bradford of this city
and Charles L. Buckingham of New
York for the defendant.
Judge Wales opened United States
Circuit Court at 10 20 o'clock this morn
ing to hear argument in tue mandamus
case of the Postal Telegraph Cable Com
pany against the Delaware and Atlantic
Telegraph and Telephone Company Be.
sides the attornies for the two compsn.
les, there were present United States
Senator George Gray, BENJAMIN Nields,
United States District Attorney Alexan-
der B. Cooper, United States Commits
sioner s Redmond Smith, William
s. Hilles, Samuel A. Macallister
and Howell s. England Mr.. Brad
ford suggested that both sides
agree to the bill and answer and argue
accordingly. This was accepted. At
Mr.. Gunersey's suggestion the law of the
several states was accepted as the
general law. Mr.. Bates in opening, said
that the question was both a broad and
q narrow question; broad in principle
and narrow in issue. The Postal Tele-
graph Cable Company is incorporated in
New York state and has a large system
- 81.
city, as the Delaware and Atlantic Tele-
graph and Telephone Company Is the
only company, the Postal is entirely de-
pendent upon it for a teller hone The
telephone company refuses to put in q
telephone, claiming that it has
right to restrict its licenses, and
that It holds an agreement with
the Bell Telephone Company that 1t will
allow the Western Union Company only
the use of the telephone Mr. Bates con
tended that such an agreement was
invalid and had so been decided by many
courts, although no decision had evel
been handed down in the Supreme Conf
of the United States He also claimed
that a patent is property and comes
under the same laws as other property.
hu This pofup ohe question was raised
as to whether this court had jurisdiction
in such cases as the one pending judge
Wales said the question had arisen il
his mind All the attorneys assured hin
that the court had Jurisdiction in &C
cordsnce with recent decision by tn,
Supreme Court
Mr.. Buckingham spoke for the defenc'
at the conclusion of Mr.. Bates's address
his principal argument was that tn
Western Union had acquired the use o
a telephone rs an exclusive right an,
this right could not be taken away. A
o'clock court took recess for on
hour