The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-19
U. p AND w. U.
Decision by the Supreme Court of
the United States.

WASHINGTON, D. c., Nov 1S.-The
United States Supreme court in an
opinion by Justice Harlan, today held
in effect that the Union Pacific Rail-
way company had no right to make a
lease practically giving the Western
Union Telegraph company exclusive
right to maintain telegraph lines along
the route of the railway company.
In the case from Nebraska the court
reverses the judgment of the circuit
court of appeals and affirms the judg-
ment of the court for the Nebraska
district The decision rendered today
holds that the United States has the
right to maintain the bill in equity to
compel the Union Pacific to maintain
its own lines of telegraph along the
railroad routes and the obligation I'M
posed ON the railroad company TO do
this was as strong as Its obligation to
maintain the railroad tracks
In the case of the United States
against the same two corporations to
recover moneys paid for government
messages to the Western Union since
1881, sent over the lines along the
Union Pacific right of way, the court
affirmed the judgment below in favor
of the corporations. The court said if
1t could be shown which messages were
sent over the Union Pacific lines on the
north Of the railroad track and which
over the Western Union lines on the
south of it, reimbursement should be
made for the former messages, but
since the evidence was to the effect
that it was impossible to distinguish
them it would rule against the claim
Of the United States
The suit upon which the decision was
based was brought some years ago by
A form
provisions of the Anderson act passed in
1888, which provided that all railroad and
telegraph companies to which the United
or bonds shall maintain telegraph lines
for all purposes and exercise by them
selves alone all the telegraph franchises
conferred upon them and obligations as
the grants. The points decided by the
court was:
First-That the exclusive telegraph
road company and the Western Union
Telegraph company are void.
Second-That under the power reserveN
in the Pacific railway charter acts it
was competent for congress- to require
their company by its own employees and
officers and alone, to maintain and oper-
ate telegraph lines on its main line ann
branches for railroad, governmental and
commercial purposes.
rhird-That since the passage of the
act of July "A, 1866 no telegraph com
DaIV, accepting lis ICuit
duire the exclusive right as against other
telegraph companies to maintain and
operate it's lines over and on any post
road of the United States.
Fourth-The court sustains the decree of
the circuit court putting an end to the
contracts between the Union Pacific RAIL
road company and the Western Union
1TeIegraph company, under which the Ia
Ter exercised exclusively to telegraph
franchises granted to the former and re-
ouiring the railroad company to recognize
these franchises by it's own officers and
emnIoyees. exclusively, and to MAINTAIN
and onerate on its main line and branches
telegraph lines for railway, governmental
and commercial purposes.
In deciding the case of w. II. NC
Clune, Isaac Ross and Philip stan
wood, charged with conspiracy to op'
struct the transportation of the mails
in connection with the Debs strike OF
1894. Justice Brewer said
IA conspiracy to commit an offense
is denounced as itself a separate OF
Tense and the punishment fixed there
| for by the statute, and we know of 10
lack of power in Congress to thus
deal with conspiracy. The power
exists to separate the conspiracy from
the act itself and to affix distinct and
! independent penalties to each.
The offense complained of was COM
mitted in California and the defend
ants are sentenced to eight months
| Imprisonment, which was affirmed by
| today's decision.