Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-04-01
TELEGRAPH CO. WINS
POSTAL GRANTED RIGHT OF WAY
ON SOUTHERN RAILROAD.
JUDGE GOPF'S DECREE SUSTAINED.
speciaI-Master Peasants Had Been
Most Literally Paid--Other Opin-
Ions Handed Down in u. :. Circuit
Court of Appeals Yesterday.

The United States Circuit Court of An
peais was In session yesterday. Judge.
COT Morris. Brawley, and Waddn pre-.
siding.
Among the opinions handed down was
one in the case of the Southern Railway
Company plaintiff in error, against the
Postal Telegraph-Cable Company. de.
fendant in error. Error to the Circuit
Court OF the United States for the West.
ern District Of North Carolina, at Green's
boro
Last June. the Postal Telegraph-Cabie
company, corporation OF New York.
hed In the Office of the Clerk of the
superior Court of Guilford county. n. C.
petition, making the Southern Railway
company the sole defendant. to obtain
by condemnation the right 10 construct
maintain and operate a telegraph line
tiong the right Of way of the Southern
halfway Company. from a point on the
state line between the States of Nortt
carolina and Virginia, south TO Char
'Stte. and from Greensboro. in Gllfor.
county TO the city OF Raleigh. passi,
through the intervening counties. n
"hole distance being about 1875 miles. Tn.
peuuon was filed under the provislo.
OF Article NLlN. OF the Code of Nor
carolina, OF 1883, and under sections 2o0
10 AlS. which provide that any telegraph
company incorporated in North Carolina
or any other State. shall have the right To
construct. maintain. and operate lines of
telegraph along any railroad I'm that State
10 be so constructed and maintained as
not to obstruct or hinder the usual travel
On SAID railroad, upon making just COM
pehsation therefor and further providing
In what manner proceedings for condemn
Ing such a right should be conducted.
THE RAILWAY COMPANY'S ANSWER
The Southern Railway Company filed its
petition for removal on the ground of
diverse citizenship, and such proceedings
were had that the case was removed into
the circuit Court OF the United States for
the western District OF North Carolina.
Inc railway company resisted the pro-
ceeding3 upon various grounds. among |
others, that there was then no law i'm |
North Carolina providing for the con- !
uemnation OF land or rights of way for !
the use on telegraph companies; that If |
there was such a law the petition of the |
telegraph company did not in essential |
particulars follow II, ana that the petit
ton was too vague and uncertain in its |
statement OF the nature of the tenure bv |
which the railroad company held |
the hight OF way over which
the easement for the telegraph COM
pany was sought 10 be condemned. J
These objections were overTuled. and the
court ordered on September II, 1888 as
provided by section 1875 of the North
Carolina Code az 1885 that three commits
sioners be appointed TO assess the dam
ages which The railway would sustain by
reason of the erection or the petitioners
telegraph line in the manner proposed
and that they should hear the testimony
and make their award in writing, and HE
Il with the CLERK of the court
THE LINE TOO NARROW.
Subsequently. upon the petition OF the
railway company for leave 10 answer the
Original petition, leave was granted 10 II.
and ihe order Tor the appointment Of the
eommssloues vas suspended. The an
s~er was iiied. setting up much the same
cbfecuons that had already been passed
upon. With The additional allegation of ,
saet that the railways companys right
Of way was in some places SO narrow ,
mat 70 srsc; telegraph line upon II. as !
proposed IA the petition, would imreru ,
The safe .psl atioo Of the railroad and
obsifact or hinder the usual travel upon
= and that condemnation proceedings ,
Wrsi be ibsiituisd In each and every
county !" which any OF the land used by !
me railroad company for It's line Is own (,
"a oy II in fee. TO this answer the tele. /
<raih company demurred. and the court !
'3StAinsd the demurrer and By is order !
y Dr1nbsf "a 1898 reinstated the order 4
'Pp''n'ny commissioners. TO the grant 5