The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-19
IELEGRAPHIC FRANCHISE VOID.
Union Pacific's Exclusive Contract
WITH Ma-iaru I-mInn L-nIaNEul-

a. =
with Western Union Unlawful.
Washington City, Nov 1s.-The United
states supreme court, in an opinion by
Justice Harlan today. held in effect that
the Union Pacific Railway Company had
no right 10 make a lease practically Civ
ing the Western Union Telegraph Com
pany the exclusive right 10 maintain tele-
graph lines along the route of the rail-
way company. The case came from Ne
braska. The court reversed the Judgment
of the circuit court of appeals and affirm
ed the Judgment of the circuit court for
the Nebraska district. The decision rem
dered today holds that the United States
has a right TO maintain a bill in equity
TO compel the Union Pacific TO maintain
its own lines of telegraph along railroad
routes, and that the obligation imposed
on the railroad 10 do this was as
strong as its obligation 10 maintain rail-
road tracks.
In the case of the United States against
the same two corporations 10 recover
moneys paid for government messages to
the Western Union since 1881 sent over
lines along the Union Pacific right-of-
way, the court affirmed tho judgment be-
low, in favor of the corporations. Tho
court said that If ii could be shown which
messages were sent over the Union Pa
ciao lines on the north of the railroad
track ard which over the Western Union
lines. on the sauth. Il would hold that
reimbursement should DO made for the
former messages. but since the evidence
was 10 the effect that it was impossible
TO distinguish between them. it would
rule against he claim Of the United
States.
The suit upon which the decision was
based was brought some eight years ago
by Attorney General Miller TO enforce tho
provisions Of the Anderson act. passed In
1883. which provided that all railroad and
telegraph companies TO which the United
States had granted any subsidy In lands or
bonds shall maintain telegraph lines Tor
all purposes. and exercise by themselves
alone all the telegraph franchises con-
ferred upon them ana obligations assumed
by them under the acts making the grants.
The points decided by the court were:
!. That the executive telegraph agree
ments between the Union Pacific Railroad
Company and the Western URion Tele-
graph Company are void.
. That under the power reserved n the
Pacific railway charter acts Il was compe-
tent for congress to reduire-their company.
by its own employees and officers alone, to
maintain and operate telegraph lines on
its main line and branches for railroad.
governmental and commercial purposes.
3. Tha since the passage OF the act OF
July "A. 1896, no telegraph company accept
ing It's provisions could acquire the ex-
elusive right as against other telegraph
companies to maintain m operate its
lines over and on any post road OF the
United States.
4. The court sustains the decree OF tbs
circuit court putting an end 70 the CON
tracts between the Union Pacific Railroad
Compan and the Western Union Tele-
graph Company. under which the latter
exercised exclusively tho telegraph fran
cAises granted TO the former, and requir-
ing the railroad company 20 recognize
those franchises by its own of1cers and
employees exclusively, and 70 maintain
and operate on It's main line and branches
telegraph lines for railway. governmental
and commercial purposes.