The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-11
COOD-BY KANSAS.
Western Union Threatens to
Withdraw From the State.
This Is Contingent ON Rate
Law Being Upheld.
MAY BE A BLUFF
Local Managers Refuse to Con-
firm the Report.
Railroads Would Operate Line S
and Central Offices Be Moved.

The latest report regarding the liti-
cation over the new telegraph rate law
is that the Western Union will cease to
handle Kansas business if the special
session law is upheld by the courts. 1t
seems to be certain that the officials of
the company are contemplating some
move of the kind, if they can bring it
about, rather than submit to the rates
esta blished by the new law.
The company claims that it has no
fears regarding the suits against it for
damages in the court of Justice of the
Peace Wright, which are hung up pend
ing the decision of the application for
an injunction against such prosecution,
but it is fearful of the suit which has
just been filed in the court of vista
tion from Mcpherson county. That is
where the real fight will be made. EV-
cry effort will be put forth by the
Western Union to show that the rates
esta blished for Kansas business are
conhscatOry, and that the law is there
fore unconstitutional. In the event that
the company is not successful, and the
law is upheld, it is stated that it Will
withdraw from Kansas.
H ]. Bevelle, manager of the West
ern Union at Topeka, said today that
he had heard the report, but he did not
know from whence it emanated, nor
did he know any of the particulars of
the plan. He would neither confirm
nor deny the report.
The reason which the company would
give for Withdrawing from the state
would be, of course, that 1t could not
afford to do business at the rate fixed
by the special session law. 1t is claim
ed that the real reason would be, how
ever, to keep other states from follow
ing the example of Kansas in reducing
telegraph rates by law.
The Western Union is in such a posi-
ton that it can readily get out of the
state, if it can make the right kind of
arrangements with the railroad COM
T. oaTs 70 lett frlur
tracts with the railroads, If the roads
are willing, and turn over the lines to
them for operation The railroads can
not get along without the telegraph
lines, and would, of course, be compell-
ed to keep them up. The result of such
an action the part Of the Western
Union would be that it would close all
of the Independent telegraph offices in
the larger towns. For instance, the
people of Topeka would be compelled
to transact their telegraph business at
the offices at one of the depots, instead
of at the Western Union office as at
present There are "a independent Of
fees in Kansas.
The Postal company could not take
such action as this because its Kansas
lines are independent of railroads, and
it is compelled to operate it's line
through Kansas because it is its only
line to the Pacific coast. There is
law in Kansas which compels telegraph
companies to maintain offices in all
county seats through which It's line
paSses. so that it would be compelled
to handle Kansas business whether it
wanted to or not.
Another complication which might
arise is that railroads are not organized
to do a telegraph business, and could
not be compelled to accept messages
from the public unless they wanted to.
A telegraph official stated today that
the Western Union could not afford to
do business at the rate prescribed by
law, and if the law stood it would be
n tal action
If the suits for damages go against
the telegraph companies they might
also operate in driving the Western
Union out of the state. The suits al
ready filed in Justice Wright's court
alone aggregate over $50 600. and half
as much more for attorneys fees. be-
sides other costs, and other suits have
been brought in other places. Not only
this but many business men are keep
ing track of the messages they are send
ing which ought to go for Is cents, un-
der the law, but on which they are
compelled to pay % cents, and are pre-
pairing to bring suits against the COM
pany for 800 on each telegram in case
the law stands. If the law is not de-
clared unconstitutional the Western
Union may find judgments against 1t
amounting to several hundred thous-
and dollars. In that case it would be
cheaper to turn all its~lines over to the
railroad companies and get out of the
state than it would be to pay the judg-
ments.
Meanwhile Manager Bevelle is report
ing part of the claims against the
state which were not allowed by Audi
tor Cole as unpaid accounts" He ac-
cepted the Is cents allowed by Auditor
Cole on each Kansas message and re-
ceipted for it "On account carrying the
other 10 cents as unpaid. He reports the
deficit against each state office as .'un-
paid and will carry the accounts from
month to month until the constitution
ality of the law is decided