The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-03-31
A MANDATORY INJUNCTION.
Judge Brewer Commands the Union Pacific
to Operate It's Telegraph Lines.

WASHINGTON. March 30.-Justice Brewer
of the Supreme Court. sitting as Judge of
the Circuit Court for the district embracing
Nebraska. has rendered decision declaring
illegal the contract under which the tele.
graph lines OF the Union Pacific Railroad
are operated by the Western Union. and
directs that the road hereafter operate Its
own lines.
This suit was brought by the United States
under an act of Congress passed in 1868, de-
claring that all railroads which received
Government aid and were required under
their charter to maintain teieg aph lines
shall henceforward maintain and exercise
By themselves alone all telegraph franchises
conferred upon them. Under this act the
Government sought to have cancelled and
annulled the contract made July ], 1881, be-
tween the Western Union and the Union
Pacific, by which, as claimed, telegraphic
franchises granted the railway company
were Improperly transferred TO the telegraph
company.
Justice Brewer, in his opinion, says the
telegraphic franchise granted the railway
company by Its charter gives the right to
place telegraph wire along the railroad for
its own use. The telegraph wire Is as much
part oil The railroad as Its depot or wreck
ing train. What was meant was telegraph
line for public and commercial uses, as in
dependent and compete In itself as though
not built along the railroad right Of way or
used ut ali IN connection with Its operation.
The contract between the telegraph COM
pany and the railroad. Justice Brewer says,
operates to transfer this telegraphic fran
ehise To the former, and was intended 10
make 1T exclusively the beneficiary thereof.
The contract provisions mean that the tele-
graphic business should be exercised by the
Western Union alone, and that no other
company, railway or telegraph should
touchlt
The purpose, as disclosed in every line OF
the contract, was that ths public and CON-
mercal use Of the telegraph wires should
belong TO the Western Union, leaving to the
railway only so much use Of them as neees-
sary for its own business. Justice Brewer
said he had no doubt this transfer was be-
yond the authority conferred by the grant
acts Of 1862 and 1854, but If there were any
1885, passed in the exercise Of the reserved
power TO alter or amend the charter and
commanding that the railway exercise all
the duties of its telegraph franchise. The
Justice said he was Inclined to assume the
contentious OF counsel for the corporations
that the contract was peculiarly beneficial
TO the railway and that the public interests
in fact will be subserved by placing the
commercial telegraph business in the hands
OF the telegraph company was sustainable,
but the court could not, by reason OF this
tact, decline to enforce the plain mandate
of the Government which created the cor
poraton and gave it Its powers.
1t was Tor Congress, not the courts, TO
decide the question of policy. In accord
ance with its opinion the court directed that
an order be entered setting aside the con-
tract OF 1881, aud putting an end to the rela-
tions created by and subsisting under it
between the two companies. with mandatory
Injunction upon the railway hereafter, by
its own agents aud employees, and not
through the instrumentality of the Western
Union, TO exercise all the duties created by
its telegraphic franchises, and directing the
Western Union to vacate the office of the
railway, leaving 1t to the Western Union to
apply for and have a stated account be-
tween 1t and the railway as to the value Of
its property along the line and jointly used
by the two companies, and for such other
relief as equity and good conscience require.