The morning call., 1893-02-15
FORCING AN ISSUE.
Suits to Abolish Telegraph
Monopoly.
THE PUBLIC INTERESTED.
The Southern Pacific Must Operate Its
Own Lines Without Favor
or Discrimination.

Under the acts of Congress granting
lands to aid in the construction of railroad
and telegraph lines in the period just fol-
lowing the Civil War, the United States
Government gave to the Central Pacific and
Southern Pacific railroad companies vast
amounts of land.
1t was made obligatory upon the roads as
one of the conditions of the grants that they
should maintain and operate telegraph
lines.
The lands were gobbled up by the roads
aud telegraph lines were constructed, but
afterward sold out to the Western Union
Telegraph Company.
On December 81, 1890. the Government
filed complaints in the United States Dis
trict Court against the Central Pacific,
Southern Pacific, Atlantic and Pacific rail-
road companies and the Western Union
Telegraph Company.
In these complaints it was sought to set
aside, annul and cancel the contracts Of
lease and sale by virtue of which the South
ern Pacific purpOrtad and attempted to
assign to the Atlantic and Pacific all it's
interest in he railroad and telegraph lines
between Mojave and The Needles, and
thereby TO relieve itself from the obligation
TO maintain and operate the railroad and
telegraph line referred to.
Further. that the contract between the
Southern Pac fic and the Western Union be
also set aside, annulled and Cancelled.
The court was asked to direct the South
ern Pac tic henceforth and through its own
proper officers and employees to maintain
and operate without favor or discrimination
against any person, telegraph lines al0ngits
entire main line and branches and exercise
by Itself alone all the telegraph franchises
conferred upon 1t, and the obligations as
Snmp6 U a 10 cd in
and to receive, deliver and exchange bust
ness with all telegraph lines now or here
after connecting with the lines Of their rail-
road on equal, just and equitable terms
Also that the rights of the United States,
the railroad and telegraph companies, and
all other persons and corporations what
ever claiming control or Interest OF any
kind in the telegraph lines or property on or
along the Southern Pacific Railroad be
legally asceTtained and finally determined.
Pleas to the jurisdiction of the court were
filed in May, 1891, and the cases were trans
ferred to Washington for argument on this
phase of the question, where Justice Har-
Ian, sitting as Circuit Justice, dismissed the
pleas so far as they questioned the jurlsdic-
ton Of the court.
The court was then asked to quash the
proceedings on the ground of nOn-re sldence;
it was also moved 10 set aside the service of
subpoena and dismiss, with the same result.
The corporations now again denur TO an
amended bill of complaint on the ground of
jurisdiction. and also that there are other
corporations necessary parties TO the bill,
but which are not made parties thereto.
these being the Central Pacific. Sacramento
and Placerville. Northern, San Pablo and
Tulare. Los Angeles and San Diego. Ana
dor Branch and the Los Angeles and lnde-
pendence railroad companies and others.
One clause in the demurrer reads: "The
said bill fails to show any right or title in
the said complainant the United States) TO
have or demand such relief or any relief in
respect to said contracts In court of
equity" This is rich, coming as it does
from the recipients of Government bounty.
The matter VIII come up before Judge
MeKenua on the first Monday in March,
and it looks as II the Federal Government is
determined to press matters TO an issue
from the fact that ID. K. Watson, who has
been Acknowledgement of Ohio, has ar
rived here under instructions from Attor-
General Miller to argue the demurrers,
which were fled the 9th inst.