The times. [volume] (Richmond, Va.) 1890-1903, 1897-03-26
RIGHTS OF THE PUBLIC.
MARKET QUOTATION IRE GEN.
LRAL PROPFRTY,
And Cannot lie withheld by Boards of
Trade Motions for InjunctioBs
Are Oyerruied.

CHICAGO. March -J.-Judgc Horton.
OF the Circuit Court. to-day ovcr-ruled
the motions Of the Board OF Trade, the
Western Union Telegraph Company, the
Gold and Stock Telegraph Company. ana
the Postal Telegraph Company, 10 dis
solve the temporary injunctions restrain
ing these parties from 'detachinS tele
graph wires from the place OF business
OF Harry H. Wiley and W. \. Michael
Commission Company ct al, from teHloH-
ing 'tickers' and from cutting OH or III
any wise interfering with the supply OF
ma -<et information as mas heretofore
BUCKET SHOPS.
The Court said;
There is no aVermcnt IN the pleaulns =.
no al oaNit or evidence charSinE' .tnu
20 statement or argument upon the IN =
DRY that either OF the cOmpsdlnants Us
conducting bucket shop or IS usins the
market reports in any illegal H1Ni'e'
or for any Illegal purpose.
Since the incorporation. or the 80 iiu
OF Trade IN 1853, the defendant Nes-eill
Union telegraph Company has continu-
Ously been upon the floor and hlll OF the
exchange OF said board, except possibly
for a short period. The Gold and Stock
Telegraph Company owned by pri-L-dN
a part nCm the Western Union Telegraph
Company.
"The defendant Postal-Cable Company
has also been for some years upon the
floor OF said hall Of exchange. oil2clils
and transmitting the news as 20 the ma
ket Price OF produce there on me Jodi"-
The telegraph companies arc common car
riers OF news and as such are 10 be CON
trCled by the same principles pertaining
To- the rights Of the public AS other conf
n on carriers are. Tho business Utls-
acted upon the floor OF said hall OF cN-
sh IL 50
it fixes the market price OF grain. bread
stUffs. and the markets that are tributary
10 Chicago. and seriously affects, ana 10
cor siderable extent controls. the values
OF the necessaries or life throughout the
United States and the civilized world.
PUBLIC PROPERTY
"fhe Board OF Trade IS a private cor
pOratiOn. IL has the same rights as other
private corporations has. IT, however
the Board of Trade has so used Or per-
mitted such use OF its property, or any
part Of IL. the same has become charged
with a public interest. then said board
has no legal right 10 deprive the public
OF the interest thus acquired when u Is
sought and used only for legitimate pur-
poses. That the price OF commodities Is
controlled by the Board OF Trade can
hardly be questioned. and that the public
has an interest IN the price of such COM
modities is certain. In other words, the
Board Of Trade has become a sort OF
bic extent public interests and the inter-
ests Of individual members OF that public
which may be engaged is effected by the
market news established by the Board
of Trade. The defendant telegraph COM
panies have ben so long permitted 10
transmit 10 the public the market news,
and said telegraph companies have been
50 long employed by the public so 70 do
that said companies may now be con-
sidered as agents of the public for that
purpose recognized as such by the Board
of Trade.
said board is not. however, Obliged TO
furnish or 10 permit To be collected or
furnished. In any manner. quotations or
market news 10 or for the use Of any
bucket shop. No corporation. association,
partnership or person keeping a bucket
shop. and no person whether acting indi-
vidually or as member. officer. agent or
emplOye Of any corporation. association
or cO-parinership keeping a bucket shop
Is entitled TO receive ANY such market
news.
These market quotations have become
clothed with q public interest i'm behalf
OF such producers, consumers shippers.
merchants ono dealers engaged I'm legl.i-
mate business. and such MS use or furnish
the same Tor use I'm the legitimate trlus-
actions OF the country. The law never
stamps private prcTcrty with the public
interest for the benefit Of law-breaking."