Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-03-31

The Iioad IuSi hereafter Operate It's
own Line

wAslnSGIlN, March 80.-Juslice
Brewer OF the Supreme Court, sitting
as judge VI the circuit court u the dis.
trict embracing Nebraska, has rendered
n decision declaring Illegal the con.
tract under which the telegraph lines
Of the Union Pacific Railroad are opef.
a,cd by the Western Union and iii.
reefs the road hereafter to operate It's
own lines.
This suit was brought by the United
States under the act OF Congfess passed
In lSss, declaring that all railroads
which had received government aid,
anu were required under their charter
To maintain Telegraph lines, shall
hCncefOtwnrd maintain the exercise
by themselves alone Of MI tho telp.
graph franchises conferred upon them
under this net. The government
sought TO have cancelled and annullod
the contract made July /, lSSl, he
tween the Western Union and the
Union Pacific, by which, M claimed,
the telegraph franchises granted
tho railw8. cempauy by the
charter act. were not mere
right to pisco N Telegraph wire along
the railroads for It's own use, but that
n Telegraph wire Nv as much part Of
,ho railroad as dopoia or wTecking
trains. What was meant was that the
telegraph line was for the public and
commercial use, "a independent and
cumpiete In iiself an though not built
along the railroad right Of way or used
| at all In connection with It's operation.
| The contract between the telegraph
company and the railroad, Justice
| Brewer SAYS, operates 10 transfer this
telegraph franchise 20 the iormbr, and
| II was intended that II should be the
exclusive beneficiary thereof. The
| contract provisions meant that the tele-
/ graphic business should DO exercised
by the Weston Union alone, and that
no other company, railway or lele.
graph, should touch II. The purpose,
| ns disclosed In every line OF the con.
| trnct, was that the bubble aud com.
motcial use Of the telegraph wires
should belong 10 the Western Union,
leaving 10 the railway only 30 much
use OF them as was necessary for its
own business. Justice Brewer said
that he had no doubt that this transfer
WAS beyond tue authority conferred by
the granting acts OF 1862 and 1864; but,
| " there were any doubt, II had been
removed by the act Of lssS, passed In
| the exercise OF the reserved power 10
| pltor or amend the charter, command
| Ing the railway 10 exercise all the
| dutIeG OF its telegraph franchise.
The Justice said that no was inclined
| 10 assume that the contentious OF
| counsel Tor the corporation, that the
contract was necuniarily beneficial 10
the railway, and that the public In
teresis were In fact subserved by plac-
ing the commercial telegraph business
Al tue bands OF the telegraph company
were sustainable; but the court could
not, By reason OF this fact, decline 10
enforce the plain mandate Of the gov
eminent, which created the corpora.
| tlon aud gave II lts power. II was for
| Congress, not the courts, to decide the
question OF policy.
| In accordance with It's opinion, tho
/ court directed au- order TO be entered,
| setting aside the contract OF 1851, put.
ting an end IN tho relations created by
| and subslsting under IL between the
two companies, with mandatory in
/ Junction uIou the railway TO hereafter,
| by its own agents and ompldyo9, not
through tin fundamentally Of the
| Western Union, exercise all lis dutisa
created 10y It's telegraphic franchises
and directing the Western Union TO
vacate all the Cillces Of the railway,
with leave TO the Western Union To
apply for and have stated on account
batwoen II and tho railway as to tho
value OF its property along the line and
Jointly used by the two comnaniea, and
for such other relief as equity anu good
conscience require.
the ATToHNEY.sRNEnAL EXPRESSES
. QUALIFICATION.
Acknowledgement Miller expressed
qualification Mt the decision of Justice
| Brewer favorlpg the government In Its
| suit against the Union Pacific aud