Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-06-11
THE TELEPHONE CASE
JrpsE GoFF TO me ASKED TO DIS
SOLVE INJUNCTION.
OPINION OF mr.. JUSTICE HARLAN.
Full Text OF the Decision Handed
Down in the Supreme Court, i'm
Sustained.

City Attorney Henry II. Pollard. has re
ceived from the clerk OF the Unite
States Supreme Court certified copy @
the opinion rendered In favor OF the city
Richmond I'm It's case against the south
em Bell Telephone Company. The dc
cision is one Of great Importance and o
general interest, as it passes upon ques
lions which have not heretofore been sub
mittcd TO tire highest court OF the land
Mr.. Pollard will. when the Unite
States Circuit Court meets here
next fall. II not sooner, make
motion before Judge Gon TO dis
solve the injunction which he granted
against the city. 1t Is presumed that this
motion will be brought. and there may
be further litigation.
As the opinion of Mr.. Justice Harlan
plainly covers the entire case, and is OF
general interest, tho Dispatch prints II
In full. 1t follows:
The City Of Richmond, Appellant vs.. The
Southern Bell Telephone and IcicBTaph
Company, Appellee. On writ OF ceito-
rau 10 the United States Circuit Court
OF Appeals for the Fourth circuit. (May
q. 1881
Mr. Justice Harlan delivered the opinion
OF the court.
The principal question in this case is
whether the Circuit Court and me Ut
cult Court of Appeals erred IN hoiuins
that the appellee was entitled 10 claim
the benefit OF the provisions OF the act
OF Congress approved July -, ieV' en-
filled IAN act TO aid in the construction
Of oil
government the use OF the same Tor pos
tai, military. and other puspVSes. u
stat, 81, c. Z31
BY mat act-the provisions OF when
are preserved in section oZo3 10 ozos, IN
elusive. Title LXNp OF the Revised
Statutes of the United States-it was
provided:
section l. That any telegraph company
now organized, or which may hereafter
be organized. under the laws OF any
State in this Union, shall have the right
10 construct maintain, and operate lines
Of telegraph through and over any pOI-
ton OF the public domain OF the United
States, over and along any Of the mill
tary or post roads of the United states
which have been or may hereafter be de-
clGred such by act of Congress, and over,
under, or across the naNlgdDle streams
or waters of the United states: Provided
That such lines of telegraph snail be so
constructed and maintained as not 70 Cd
struct the navigation OF such streams
ana waters. or interfere with the ordi-
nary travel on such military OF post
roads And any of said companies Shdll
have the right TO take ana use from
such public lands the necessary stone,
timber and other materials Tor It's posts,
piers. stations and other needtul uses
in the construction, maintenance, ana
operation Of said lines of telegraph, ana
may pre-empt and use such portion OF
the unOCCupied public lands subject TO
pre- -emptOn through which its lines or
telegraph may be located as may be
necessary for It's stations. not exceeding
forty acres for each station but such
stations shall not be within fifteen miles
OF each other.
"section . That Geographic communi-
cations between The several departments
of the Government of the United states,
and their officers and agents shall, in their
transmission over the INES oil any OF
said companies. have priority over all
other business. and shall be sent at rates
10 be annually fixed by the Postmaster
General.
Section 3. That the rights and prvi-
leges hereby granted shall not be- trans
ferred by any company acting uni
act 10 any other corporation, ass( 81 =
or person: Provided, however, IN -
United States may at any time al 90 V
expiration Of five years from the daIt Of
the passage OF this act. for postal mill
taTy, or other purposes, purchase all the
telegraph lines. property. and ctects OF
any or all of said companies an an APP
praised value. TO be ascertainod by five
competent, disinterested persons. TWO OF
whom shall be selected by the Postmas-
ter-General of the United States. two by
the company interested, and one by the
four 50 previously selected.
Section /. That before any telegraph
COMPANY shall exercise any of the powers
or privileges conferred by this act, such
company shall file their written accept
ance with the Postmaster-Ge of the
restrictions and obligations required by
this act" IA Stat, 22l {. go
BROUGHT UNDER ITS PROVISIONS
Subsequently. by an act approved June
s, 1872. all the waters of the United states
during the time the mail was carried
thereon; all railways and parts of rail-
ways which were then or might there
after be put I'm operation; all canals and
all plank roads; and all lettcr-carrier
routes established in any city or town
for the collection and delivery of mail
matter by carriers. were declared by
Congress to be post roads" IL Stat,
sos. c. $50. These provisions are preserved
tn section 1864 of the Revised Statutes of
the United States.
BY an act approved March /. 1854. "all
public roads and highways, while kept
up and maintained as SUCH were de-
clared to be post routes" % Stat, 3.
=. Q.
Proceeding under an act of the Legis-
lature Of New York, Of April r. 1915 and
acts amcndatOry thereof. certain persons
associated themselves on the nth day OF
December, 1879 under the name OF the
Southern Bell Telephone and Telegraph
Company. The articles OF association
stated that the general route of the line
or lines of the company should be from
It's office In the city of New York "by
some convenient route through or across
the States of New Jersey Pennsylvania
Delaware, Maryland and Virginia, or
otherwise TO the city of Wheeling, or
some other convenient point in the State
OF West Virginia. and thence to and be
tween and throughout various cities.
towns. points, and places within that part
OF the Safe of West Virginia lying south
OF the Baltimore and OHIO railroad. ana
within the States of Virginia. North
Carolina, South Carolina. Georgia, Ala
bama and Florida. the said lines or lines
to connect the said cities Of New York
and Wheeling together. and the said
other cities towns points. and places,
or some OF them. or points within the
same, together or with each other or
with said cities OF New York and Wheel
ing"
TERMS OF THE FRANCHISE.
BY an ordinance passed by the city of
Richmond on the Goth day OF June. 1881.
II was provided: -. Permission is here
by granted the Southern Bell Telephone
"a Word TO the