The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-13
ARE ALL IN A TRUST
Judge Myatt Files Answer TO
Western Union.
RAISES THE QUESTION
That Federal Court Has No
Jurisdiction.

Judge Myatt, solicitor OF the Court OF
Visitation. returned from Topeka yester-
| day. where he has been for a week pre-
| pairing an answer to the petition of the
in the United States court last summer
| asking for an injunction against the an
forcement of rates provided by the legis-
lature of 1899.
| Last spring ]. G. Maxwell Of McPher-
son brought complaint to the Court of
Visitation, asking that the legal rate for
! messages of 15 cents for ten words be
enforced. His attorneys were Former
Justice Allen of the supreme court, and
E. D. McKeever of Topeka The Court
of Visitation ordered the rate and the
telegraph company applied for an order
of injunction prohibiting the enforcement
of the rate. Judge Hook granted a tenn
porary Injunction and now answer is
made. The telegraph company is charged
with entering into an unlawful combina-
ton in violation of the trust law passed
by congress in 1890. That the combina-
and railroad companies over Kansas and
other states to prevent competition and
fix an exorbitant price for sending mes
sages. The telegraph companies starting
Independently and with various different
names, such as American District Tele-
graph company of New York, Chicago
and Mississippi Telegraph company, etc.,
had all combined under one name and
management and then got the railroads
all into the scheme, dividing the profits
with those that had lines and making
those that didn't pay the expense of con-
nection to get in. 1t is charged that the
Santa Fe had ten thousand miles of wire
when it was taken in. And the petition
states also that of the S44 telegraph Of
fees maintained in Kansas sos are main
tanned by railroad companies and only
thirty-six by the telegraph company.
1t is denied that the rate provided for
by the law Is not only not confscatory
but would afford immense profits.
The petition recites: Defendants deny
that it IS impossible for the Western
Union to perform without actual loss of
money the services incident to the trans
mission Of day messages of ten words-ex-
elusive of address and signature between
two points in Kansas for less than %
cents, or to perform any other service
for less than an amount proportionate
thereto. But these defendants aver the
fact to be that as to all messages trans
mitted from and delivered at the offices
denominated as uptown offices and oper- |
ated by the employees of said telegraph /
-
transmission and delivery of each such |
does not now and has not at any /
time exceeded the sum of cents per
and that as to all messages I
transmitted between offices maintained
by said railroad companies and operated !
by the employees Of such railroad COM
panies the total actual expense to said
complainant of transmitting any mes
sage and delivering the same does not
now and has not at any time exceeded
of one cent, and that where
messages are either received at the tele-
graph company's uptown offices or re-
ceived at railroad offices and transmitted
to and delivered at the complainant's up
town offices the average actual expense
to said complainant of receiving. trans
hitting and delivering each message does
not now and never has exceeded the sum
Of two and one-half cents per message.
These defendants deny that the maxi
mum Geographic rate prescribed by said
act of the legislature of the state of
Kansas would deprive said complainant
Of all return and compensation for the
and use of its properties;
but said defendants aver the fact to ba
that by reason of the excessive, extor-
Tomato and unjust charges exacted by
said complainant from the general pub
lie for the transmission Of messages. that
the use of the telegraph is greatly cur
tailed and restricted and that the volume
If messages transmitted by means Of the
is much less than one-tenth
what IL would be If the said complainant
we're required to and did in fact trans
nit such messages at reasonable rates
and for a reasonable compensation.
These defendants aver the fact TO be 4
hat the rates prescribed by the act OF
he legislature would afford the com
olainant very large profits, and that the
increased volume Of business occasfoned
by such reduction in rates would more .
han make good the reduction in rates on !
small amount of business now
carried on.
The jurisdiction OF the federal court is
ienied as follows:
These defendants deny that said COM