The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-29
THE TELEGRAPH SUIT
Decision to Be Given in Federal
Court Today.
WESTERN UNION EXTENSIONS.
Lines Into British Columbia and Along
the Great Observation-Disclosures
and Telegraphs.

Inc question as 10 the rlgHJ OF the W cStN
ern Union Telegraph Company to build a
line along the Lake Shore road to Woolley
will probably be decided in the United
States district court this morning. When
the Pacific Postal secured the restraining
order from the superior court of Snohomish
requiring the Lake Shore company not to
allow the Western Union to build along
its right-of-way the Western Union
ignored it. A new restraining order was
then obtained against the Western Union
requiring it to discontinue work and was
obeyed. The Western Union interviewed
in the case against the Lake Shore and
has secured the transference of both casss
to the L nited States court The hearing
of an application for temporary injunc-
ton will therefore come before Judge Han
ford this morning, and if the injunction is
refused the restraining order will. ipso
tac'O, expire and work can then continue.
In an interview with PosT-lYTELLI-
GEScER reporter regarding the case last
night, Superintendent Jaynes, of the Pa
CHIC division OF the Western Union, said:
The question is one OF priority OF contract
The Lake Shore company made contract with
the Western Union, giving us the sole right to
build telegraph lines on its rlght-0l-way and
along any road il might hereafter build or
acquire. The Pacific Postal acquired an ex-
elusive franchise from the West Cosst Railway
Company for q line along its road The West
Coast company built the road from Woodinville
TO Snohomish and then sold il to the Lake
Shore company, which has extended it to the
boundary. We claim that our franchise applies
to all the lines the Lake shore now owns.
We want to build this line in order to connect
it with our isolated line along the Seattle &
roq1 m Ana p6rra Iuxr-S nm -ns hal
extend further depends on the railroad develop
ments OF the year. We have franchise along
the Great Northern road and are extend
ing our line along it as fast it
is built westward. The Great Northern COM
pany claims, however, that the franchise does
not extend beyond the point where its main
line strikes salt water and therefore does not
apply to its Coast lines 1t is operating the
telegraph system along its Coast lines indie
pendently, but believe that is only an expert
ment to see how much there is in it and that we
shall ultimately have the franchise on the
whole system. When that time comes, We shall
extend northward to the boundary and across to
the British Columbia cities.
We are awaiting railroad Developments, be-
csusei does not pay 10 build line through
these dense forests and then abandon it a year
or two later when railroad taps the territory.
The Pacific Postal has discovered that through
its highway line north of here.
The theory OF exclusive telegraph franchises
along railroads has been exploded by repeated
decisions in several states. Any telegraph COM
pany can condemn right-of-way along any rail-
road right-of-way. 1t is not question between
the rival telegraph Companies, but between the
telegraph company wishing to build and the
railroad company. When The Pacific Postal
built along the Northern Pacific to Port
land it had no controversy with
us, but with the Northern Pacific.
10 had
whereby We were bound to pay it certain pro-
portion OF the earnings, and the railroad COM
pany was naturally interested in defending its
rights.
AS to that constitutional provision allowing
any telegraph or telephone company to build
along any right-of-way, believe there are sew
eral points in which it and the law passed in
compliance with it would be declared unconsti-
tlonal by the federal courts. The proviso that
no telegraph company shall be required TO pay
for the right-of-way along a land grant road
would not be upheld. No distinction could be
made, no matter how the right-ofway was &C.
quired by the railroad company.
But there is no attempt to uphold the right to
exclusive franchises. We simply agree on rates
with the Pacific Postal and get all the business
we can. We are glad to have strong comped-
ton, for We can always get our share OF the
business.
A telegraph line operated by railroad COM
pany never pays. The Southern Pacific operated
its telegraph line formerly and lost money on it.
1t was glad to lease it TO us and we have made
money on it There is such vast amount OF
detail in the business as TO make it distinct
from railroad business. The Baltimore & Ohio
telegraph line was built for the purpose of fight
ing us, and it involved a loss Of as much as
$4,000 month. Il was constantly extended
into new territory, where it did not psy, and the
war of rates was carried TO an absurd point. 1t
was taking messages from Chicago to ST. Louis
and from Chicago to ST Paul for cents,
scarcely enough to pay for delivery, and we met
the rate. The Baltimore & Ohio was losing
money everywhere, because wherever il did
business it was making these ruinous compati-
tive rates, while We had vast stretch OF non
competitive territory to help us out Finally,
the system, which cost s12,O90000 to sl2OO0, coo,
was sold to the Western Union for $500, co.