The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-03-31
1HE CON7HiCr ANNuLLED
between the Union Pncinc ard the Western
Union Tclc grnPh Company.


WASHINGTON. March 30.-The contract be-
tween the Union Pacific Railroad Company and
the Western Union Telegraph Company. by
which tho lattcr conducts the commercial telo-
graph business on tho formers lines must be
set aside. according to n decision rendered to-
day by Justice Brewer OF the Supreme Court.
Tho case was begun in the Circuit Court Tor
Nebraska. by the title OF the United States vs.
the Western Union ard Union Pacific Com
rnnies. under tho provisions OF the act
of the Fifticth Congress known as the
Anderson law" BY that law railroad and
telegraph compa:ies which had been assisted
IN any way by the United States in the con-
struction Of railroad or telegraph lines were
required to operate. by their own officers and
employees. telegraph lines for all purposes.
and exercise by themselves alone all telegraph
franchises conferred on them. and the officers
OF the Government were directed to bring suit
to annul any contract entered into In violation
of the rights conferred upon the companies by
the Government in the franchises or grants re-
Justice Brewer discusses the question at
issue at great length. and in sum ming up says;
is nss'sd that the practical Wsrk - ;b 81
railway company. and also that the public in
forests ure, in fact synhserved by placing the
road in tho hands Of that corporation which
practically controls the .tclegraphic business OF
tng country assume tNat UOtl1 tileSe CoHteH-
tions are sistainnble. and am inclined to be-
lirve that they are. yet am constrained to
hold that. though established. they constitute
no defence to the demand OF the Government
This is u Government Of the people. They eX.
press their will through Legislative action II
would disarranEe our system Of Eoyrrnment
and would be freighted with peril II the courts
attempted to intcrpose their opinions upon
Inntters ofroicy. to stay or thwart such con,
stitutionaly expressed Judgment. 1t is enough
for the courts to protect and enforce rights
without entering into question Of policy. SO.
is claimed by counsel for defendants to be
true. ! am of opinion that they present no mat
ters into which the court Is at liberty to in
qure or which in any manner operate to pre-
vent tho enforcement Of the declared Will OF
Congress In tho act of lSSS.'
Justice Brewer says in conclusion. do
cree will therefore be- entered in favor of the
complainant. setting ns:de the contract OF
1881. and putting an end to the relations ere
at ed by and Subsisting under between he two
defendants: and with it a mandatory inIunc-
ton upon the railway company to hereafter.
by its own agents and employers. and not
through tho instrumcntality of the Western
Union Company, exercise all the duties created
BY the telesraphic franchise Of the acts Of
1862 and IS A. and directing the latter COM
pany to vacat- ell the offices OF the railroad
company. with leave TO the Western Union
Company to apply for and have stated an ac-
count between It and tho railway company as
to the value OF ils property along the line OF
the latteis railroads and jointly used ny tho
two companies. and for such other relief as
equity and good conscience require