The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-08-17
THE NEW TELEGRAPH RATE
THR RAILROAD COMMISSION
HAS BEEN ENJOINED.
BY THE WESTERN UNION COMPANY
Postal Company Files Exceptions to Its New
Rate But 1t Has Not Yet Appealed
Case to Be Heard at
Wilmington.

Another great monopoly corporation
has taken a turn at Judge Simonton's in |
junction mill.
The Western Union Telegraph Com
pany has given the judicial wheel OF
fortune a spin and it has stopped on
lucky number.
For the next three years, at least, the
peopIe of North Carolina will be COM
PEELED to pay to the Western Union Tel
egraph Company, with its millions, a
clear profit of S12 cents on every mes
sage of ten words. 1t will take this long
at best to fight the case, which the COM
pany has instituted in the Federal court, |
through to the United States Supreme
court. And this the company will GER
tainly do in case it loses
Yesterday morning a restraining order.
granted by Judge Simont0n, was served
on Major J. w. Wilson, s. Otho Wilson
and DIR. d. III. Abbott, constituting the
Board of Railway Commissioners, en-
Joining them from carrying into effect
the general order reducing the rates of
the Western Union Telegraph Company
and also citing them to appear at Will
mington Monday, September 6, to show
cause why the injunction should not be
made permanent The order further re-
strains the Commission from putting
into effect the new rate or any other rate
whatever until the case is heard. This
means that the 25-cent rate will be kept
in force.
The injunction was served on the
Commissioners at the rooms of the
Commission yesterday morning, while the
- TarouaiGciannr -
Otho Wilson was delegated to be present
at Wilmington and represent the Com
mission. He says he will give somebody
a lively fight. The Attorney General will
act as counsel for the Commission. He
has been telegrahpeu to by Major ]. W.
Wilson, chairman of the Commission. 1t
is probable also that the Governor will
employ additional counsel.
Following is the restraining order,
signed by Judge Simonton, served on the
members of the Commission.
Hearing the verified complaint and
the exhibits in this case, and argu-
ment of counsel thereon, and after due
consideration thereof, it is ordered:
'That the defendants do show cause
before the Circuit court of the United
States for this district at the next ses-
sion thereof in Wilmington, n. O., on the
first day of the said term at 10 O'Clock
a. m, or as soon thereafter as counsel
can be heard, why the prayer of the COM
plainant be not granted and an injunction
issued as therein prayed. 1t is further or
dered that in the meantime and un-
til the further order of this court
the defendants and each and every
one of them be and they are hereby re-
strained from enforcing the orders
or either of them mentioned and set forth
in the bill and annexed thereto, or any
order confirming said orders or either of
them, from taking any further action in
the proceedings mentioned in the bill and
from making any ether or different rate
for the transmission of messages by
complainant between any two points
within the State Of North Carolina,
than such just and reasonable rates
as shall be made by the defendants
for other corporations and indiyid-
uals operating telegraph lines in said
State, or from proceeding in or institut-
ing any action, suit or proceeding against
said complainant in any court for the en-
forcement Of any penalty or forfeiture or
any damages for failing to comply with
the said orders above named or either of
them. 1t is further ordered that the said
Board do certify their said proceedings in
this premises to this court and cause it
to be informed thereof"
''It is also ordered that the complain
ant do enter into bond within ten days
from the date of this order with surety
in the sum of ten thousand dollars to the
clerk of this court at Raleigh, conditional
for the payment to the defendant of such
damages as may hereafter be lawfully
awarded to them in case this order be set
aside or declared imperative.
"It is further ordered that at any time
before the next term of this court at
Wilmington as aforesaid the defendants
have leve to moe before me, at such
place as may be designated by me, to re-
scind, modify or change the restraining
order upon giving twenty days notice of
such motion to the complainant or to
Robert G. Strong, Esq, its attorney at
Raleigh.
The bill sets forth that the Western
Union Telegraph Company is incorpo-
rated under the laws of New York, and
maintains and operates a general sys-
TEN of telegraph lines throughout the
United States, in accordance with the
powers conferred by its charter and an
act of Congress, approved July 24th,
1866, entitled: "An Act to aid in the
construction of telegraph lines and to ke-
cure to the government the use of thhe
same for postal, military and other ptr-