New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-19
CONTRACTS NULL AND VOID.
DECISION AGAINST UNION PACIFIC AND
WESTERN UNION.

TO THE RAILRoAD-CoNvICTIoN or
A. r. l. STRIKERS AFFIRMED
OTHER IMPORTANT DE-
crsIoNs RENDERED
YESTERDAY.
Washington, Nov ls-The long-pendng case o.
the United States against the Union Pacific kslI-
way Company and Western Union Telegram
Company was settled to-day by the unanimous de- 4
cislon OF the Supreme Court. announced IN an
opinion delivered by Justice Harlan the dee's'o'
is one OF the important tina; has been hsue
by Supreme Court affecting the relations III III"
Government and the Pacific railroads declaring d.
it does that Congress has the right to sdd ~
amend or alter the acts OF 1851 granting aia III
bonds and land 10 the company for the construction
OF its line The proceeding involved In the piesen'
decision was brought by the Attorney-General IA
pursuance TO the directions contained In the Amer
OF 1855. which required all companies opera"
ing railroad or telegraph lines which had been alaeu
in any way by the Government 10 maintain anu
operate through their respective corporate o'"
GERS telegraph lines for all purposes ana 10 eA-
ercse by themselves alone all the telegraph iran
chses conferred them. The suit was prous".
in the Circuit Court for the eighth circuit anu
originally heard by Justice Brewer VINO oecia'eu
the agreements between me western Oh'on am
Union Pacific companies by which Inc lor"e
held exclusive tight TO operate me TELEGRAPH"
lines along the railroad OF the latter TO be null ana
void and OF no effect and directed the Union fac'ic
at once TO put an end all relations between i
and the telegraph company and to operate Us o"'
line Of telegraph The case went 10 the CIRCUIT
Court OF Appeals and Judges Caldwell and Inaye'
reversed Judge Brewer in modified decree ou'
holding generally that the end sought by the Gov
eminent could be secured only by otner ieEAl
means and dismlssng the bill for want OF jursao-
ton The Supreme Court. by Its decision Today
reversed the decree OF the Court OF Appeals anu
affirmed that Of Justice Brewer at Circuit In his
u reference
object and scope of Pacific Railroad acts that
the first eighteen sections OF the acts Of ls62s4 are
wholly inconsistent with the idea that ne mon
Pacific Railroad Company coud nave lullneu -
Obligations to the Government by simply construct
ing a railroad. without MAX ne any provision "hat-
ever for The construction 90 ~ Ion nv
graph line. thereby leaving an comnunlcdlion ~
private corpora tons deriving no authority from
the National Government and whose opt stlolS
Nrom acts ~ iss5.S4 after discussing their pro-
~omnetent for Congress to add to. alter or amend
Snse scis so as 70 require the Union Pacific Rail
road Company having tho rgh,s ana eNseIunis
powers OF rs constituent compsniesl TO maintain
and operate by and through IT, own officers and en-
ployes egraph lines for railroad and otneT PVT
Sranh franchises conferred II. II Is enjoying
the bounty OF the Government subject 10 the c1ndi,
ton among others that II would perform those
duties wiener so required by Congress
The opinion further holds that since the passage
Of the act 1856 telegraph company can by con
tract with railroad COMPANY operating one OF tnr
t,ate Commerce is conducted. acquire exclusive
right 10 such railroads for telegraph purposes The
cause wa ! remain TO the Circuit Court, with IN
structions 10 make supplemental decree eniareing
period in which the railroad ana ,e'esr an
and changes shall become necessary o.! reason
e. The an5ullne OF the contracts between them, to
ar re out the provisions Of the final decree Of that
court.
The Western Union Telegraph and Union Pacific
Railroad companies won one Governmental case
in the Supreme Court to-day the opinion being de-
uvered bv Justice Harlan Immediately following
that by the same Justice IN the case OF the Ohlteo
states against the Union Pacific Railroad and
Western Union companies In this case IN lsoe inc
Government sued in the Southern District OF New
York TO recover i95 paid fo~ the Transmission OF
kilograms over the Union Pacific lines ope1aIeu Dg
have been retained by the GovernI9eht ana appl.cu
in part 10 the interest account u me faroau con- ,
pany win the United STATE ana IN par 10 20 d
| sinking fund The court below tound TOT me ue.
PENDANT companies on the GROUND ina lneIe a "as
"a w IN determine whether or not the messages
sent over The wires Owned by me comnanv
! and nat the Government had never asked or re-
@ pireG , [nao mt the Supreme court affirmed
Tho conviction and sentence Of W. H. Ciune. Isaac
| Ross and Philip StanWood in the tniteH States
cour. for the Southern District OF California We're
affirmed to-day tho Supreme Court OF the 'n''eu
! SITS tho opinion being read by Justice Brewer
The appe lants local officers in Los Ansees Oh
/ the American Railway Union and were indicted TOT
conspiracy TO obstruct the malls on the southern
paoioo Railway al the time OF the great railroad
strn,a in the summer Of 1894 They were sentenced
| bv Judge Ross imprisonment IN the county I dl
| AZ Los Angeles for eighteen months, ana appeaeu
Sror1 hat Judgment The only question OF law con-
| sdcred bv the Court was that II was ncoflpeten'
snr Congress 10 impose a heavier penalty for con
sDiracv "a commit q crime than that imposed for the
commission Of the crime itself ms Juqge b's nj
| ~ me Convicted men. and the judgment Of the
| Court below affirmed
slight difference OF opinion between the su-
rrerne Court OF the United states and Judge SIMON
ron Of the United States Circuit Cour, for South
Carolina was made manifest to-day when Justice
GRAY read the answer Of the former body 10 certain
| ouestions propounded by the Cour. OF Appeals for
the WITH Circuit in the case Of George W. Folsom
against Township No. IS. county Of Abbevile : G.
Folsom a resident Of Tennessee sued In the Clr-
! cult Court OF South Carolina to recover desaulted
| interest on bonds issued by the township IN aid
NJ the construction OF the Greenvile and Port Royal
Railroad and writ Of mandamus TO oompe!
the County Commissioners to levy and collect a
the controlled by the decision OF the state
Supreme Court in the case OF Floyd against Perrin
Fence Was held to be good by Judge slmOntOn. and
he case went to the Court OF Appeals In ms opin-
State had the power vest in a township any a'i
all powers appropriate TO that territory 10 be- used
| FOR the benefit Of al the people
The appeals 0; the Rutland Railroad Company
from the Judgment Of the Chancery Court OF Frank
| lin County. Vi. in FAVOR o. the 'entfa4 Ka
Company we're dismissed FOR want OF Jurisdiction.
The latest effort OF Theodore Lambert. the
! viced murderer OF Camden County. y. j. 10 es-
| cape the execution % the death sentence imposed
! on him has failed. In opinion read to-day by
| chief Justice Fuller the supreme Court affirmed
he refusal OF the United States Court fOr the IlId
circuit 10 release him from the custody OF Sheriff
| Barrett on a writ % habeas corpus
The call for tomorrow Will be as follows: Nos
p g. a. - - so 55s Cos 6H and es2
Az UPTOWN RAILROAD ENJOlNEp.
! Judge Beach Of the supreme Court. yesterday
handed down decision In the matter Of the
| "Huckleberry" Road agains, The Controller, III