The Roanoke times. (Roanoke, Va.) 1897-1977, 1897-03-26
VICTORY FOR
BUCKET SHOPS.
Judge Horton Restraints the Re-
movaI of the Tickers.
TIE BIG TELEGRAPH MoNopoLIEs
MEET DEFEAT IN A CHICAGO
co1RT-THE JUDGE DECLARES
THAT THE OPERATIONS OF THE
BUCKET SHOPS IS IN NO SENSE
ILL L-TELEGRApH CoMpAN.
les ARE PUBLIC AGENTS.

chicago, March 2J.-Judge Horton, of
the circuit court, to day overruletl the
motions of the board of trade, the West
ern Union Telegraph Company, the Gold
and Stock Telegraph Company and the
Postal Telegraph Company, to dissolve
the temporary injunctons, restraining
these parties from "detachng telegraph
wires rom the place of business Of Harry
H. Wiley, the w. y. Michael Commits
SION company -et al, from removing
'tickers and from cutting Off or in any
wise interfering with the supply of mar
ket Information us has been heretofore
supplied -
The court said:
There is no nverment in the pleadings,
no affidavit or evidence charging, and no
statement or argument upon the theory.
that either of the con- plainants ia con
ducting bucket shop or is using the
market reports for any illegal purpose
"Slnce the Incorporation of the board
OF trade in 1859, the defendant, Western
Union Telegraph Company has confirm.
ously been upon the floor ant hall of the
exchange of said board except possibly
for short period. The Gold and Stock
Telegraph Company is owned by and is
practically part of the Western Uni
Telegraph Company. The defendant, the
Postal Telegraph Cable Comply, has also
been Tor some years upon the floor of
said hall of exchange collecting and trans
uniting the news as to the market price
OF produce. there established. Said tele-
graph companies are common carriers of
news and us such are to he controlled by
the same principles pertaining to the
rights OF the public us other common car.
riers are. The business transacted upon
the floor Of said hall of exchange is so
vast in it's proportions that it fixes the
market price of grain, breadstuffs and
meats Tor the extensive territory that is
tributary to Chicago and seriously affects
AMI to II considerable extent controls the
values of the necessaries of life Through
out the United States and the civilized
world.4S--
The board Of trade is private cor
poration; it has the same rights as other
private corporations has. If, however,
the board of trade has so used or permit.
ted such use of its property, or any part
of it, that the same has become CHARGED
with public interest, then said board
has no legal right to deprive the public of
the interest thus acquired when it Is
sought and used only for legitimate pur-
poses. That the price for commodities
for this market is practically controlled
by the board of trade will hardly he cues
toned and that the public has an interest
in the prices of such commodities is GER
tain. In other words the board of trade
has become a sort of public agent. con-
trolling to II considerable extent public
in .erest and the interests of individual
members of that public who may be en-
gagged in business affected by the market
news established by the board of trade.
1.-The defendant telegraph companies
have been so long permitted to continue
to transmit to the public the market
news, and said telegraph companies NAV
now he considered as agents of the pub
nc for the purpose, recognized as such by
the board Of trade. Said board is not,
however, bound to furnish or to permit to
be collected or furnished, in any manner,
quotations or market news to or for the
use of any bucket. shop. No corporation.
association, partnership or person
keeping bucket shor, and no person,
whether acting individually or as mem.
Der. officer, agent or employe of any cor
poratlon, assoc iation, or co. partnership
in Keeping bucket shop is entitled to
receive any such market news. These
market quotations have become clothed
with public interest in behalf of such
Producers, consumers, shippers, mer-
chants and dealers engaged i'm legitimate
business and such rs use or furnish the
same for use in the Legitimate transac-
tons of the country. The law never
stamps private property with the public
intent of law breakng'