The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-29
WHO is RIGHT 4?
Attorneys Claim the Telegraph
Companies on Wrong Track.
Federal Courts Cannot EnjOin
State Courts.
ARE MAKING MONEY.
e. ID. MckeeVer Says Kansas
Lines Are Paying.
Says Messages Could Be Taken
ARE MAKING MONEY.
Says Messages Could Be Taken
For Ten Cents at Profit.

The litigation over the enforcement
Of the telegraph rate law has now as
stunned the aspect Of a three-ringed cir
Gus since the application for an injunc-
ton to keep the law from being en-
forced. was fled Saturday in the fed
eral court-oue ring in the district
court, another in the court Of vista
ton and the third in the United States
court. Judge s. H Allen. who is one of
the attorneys in the district court
cases, says he does not fear the suit
in the federal court to enjoin the state
courts from enforcing the law, because
there is an old federal statute which
prohibits United States courts from en-
joining state courts It is section 720
Of the federal statutes. passed March ,,
1913, Immediately after the United
States supreme court had assumed jur-
isdictfon to try a case against the state
of Georgia, and it has been on the fed
eraI statute book ever since. It reads
The writ of Injunction shall not be
granted by any court Of the United
States to stay proceedings in any court
of a state, except in cases where such
injunction may be authorized by any
law relating to proceedings in bank
ruptcy-"
The only way in which the federal
court can eniOin the court Of visitation
from enforcing the telegraph rate law
said Judge Allen today. is by proving
its allegation that the court of vista
ton is not court
Judge Hazen today notified the at
torneys interested in the suits now
pending in the district court, to be on
hand Tuesday to take some action in
the cases. 1t is not probable, however
that there will be a hearing Immediately
because the dispositions for which the
case has been waiting and which were
taken in New York a bout two weeks
ago. have not yet been filed E D Nc
KeeTeF. who conducted the crOSs-ex-
animation in taking the depositiOrs
does not believe that they viii be filed
at all
The dispositions are not of the char
acter that was expected" said Judge
Allen The Western Union people were
not expecting any crOss-exa animation
but expected to show the average cost
Of sending kilograms, without regard 10
class The crGss-exan ANIMATION in the
dispositions brought out facts about the
conditions here in Kansas which they
do not wish TO have known
Mr. McKeever says that the deposit
lions will show that kilograms of ten
words could be sent in Kansas al ter
cents each and still turn in a profit o.
one hundred per cent above the ex-
pense
The Western Union has contracts
with some Kansas railroads" said Mr.
McKeever. whereby It secures all of
the receipts from commercial business
while the railroad company hires all
the operators and pays for all the work
OF repairing, and all the expense the
telegraph company has is 10 furnish
the material to make the reDair=neW
poles where old ones are destroyed and
the Hk@and even these the railroad
companies haul free of charge On
those lines the telegraph company gets
all the receipts from paid telegraph
messages. and the only expense II has
is TO furnish the bare material for max
ing repairs when they are necessary.