The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-01-03

J,ochren. J. (O-;4lly}: Thi5 is an impor-
tant case invt$>:rE large ANT unit or
property and valuable interests. | should
he glad. if l bad the time,to take the case
under adVisement and examine the con-
tracts carefully and The evidence ., aud
The cases which have been I2fCTTed 10 by
counsel. and those on their blie-s, VIII h
for want OF time have not b Ell .el III Il
10 IN the argument. but, he p. essure
business upon me- is such shat J c4nn-t
in justice to other matters give TO CAe
ease the time ! would be glad to give %
It l apprehCrd there Is less necessity
Tor this. because ON account Of the l&rSG
interests involved, my deciSi- n viii doubt
less be reviewed by judges who viii have
the time 10 give it more careruI c-h$ sd
Grafton.
can san. honcHc~, that the cas-, has
been carefully and fully argLed b. Coun-
sci able counsel on both ICES. ard l
am, perhaps, as well able IL determine it
now, as ] shah be ii ] give II IL fur,hsr
time.
The question is as 10 which company Is
ut the prescCt time tie owner OF the
telegraph system and appliances, lncIud-
ing the telegraph right-of-way along the
railway of the complain2ni company IN
the state Of Minnesota and westward 10
The Pacific coast. Ard this Deepen IS
mainly upon the contracts viii Ii have
been produced in evidence. There Is con-
siderable testimony in the case, Judge,
from the printed books, which has NOT
been brought to my attention; very HHeiy
because 1t is deemed inmate. lal, or mat
the facts which are proNsn by the eNl-
dencc have ceased TO be matters OF Ill =
pUtC between counsel.
The conlplairants rights relate back to
the nights derived from the land grant
act Of congress Of March >, 1881, ana the
act Of the legislature Of the state OF Mill
neSota Incorporating the Minnesota =
Pacific Railroad company winch gave II
y part Of that land grant. The name OF
that railroad was subsequently changed
10 the St Paul & Pacific Railroad COM
Uany, and somewhere about the year
1861 The First division Of the ST. Paul s.
Pacific company was formed ana through
Il mortgage made by one of the last TWO
named companies, and its foreclosure t ne
tit'e - ti1v sait company ana IT'S
franchises passed 10 the present COM
plainanL
These charter provisions gave the rail-
way company not only ti'" mower r. LII J
and nr4a,.es-,- railrOau, put e,n,J TO build
and maintain a telegraph along the rail-
way line. The telegraph had become well
known TO be an appliance as necessary
Tor the operation of a railroad and the
transaction of railroad business with
safety 10 passengers, and with safety as
regards the appliances and rolling stock
of the railroad Itself, as any other con-
struction connected with q railroad.
have M doubt that the authority to build
and operate railroad would
authorize the railroad company
10 construct telegraph to
insure safety in its operation and do
any business when would oe LOT me
convenience OF the public by the use
Of such telegraph; and it might trans
init commercial messages or private mes
sagCs. and would not be confined simply
to railroad business, even if there Wcre
no express authority given. The au-
thority 10 construct and build Il tele-
graph line expressly given as in this in
stance would include, the authority to
use it for all purposes that We're not IN
lawful, and especially Tor all purposes
convenient TO the public and to he trans
action of business generally. l have no
doubt either that under the authority
to build and maintain a telegraph, it
would have the right to contract with
another party or corporation authorized
10 construct telegraph lines, if il saw
fit to do so; and as far as defendants
duty TO maintain such telegraph is
concerned, that could be performed by
and through another corporation au-
thOM2ed to build and operate the tele-
graph.
Now, Il appears, by the testimony, that
on Sept. u, 1865, and before any railroad
was built in the state, at any rate, any
railroad of the predecessor of this COM
Dany (apd I think the predecessor of this
complainant built the first railroad that
was built i'll the state), a contract was
snade between Smith * Simmons and the
st. Paul & Pacific Railroad company,
10y which Smith & Simmons agreed to
huild Il telegraph line from St Paul to
Watab. upon terms which are described
in that contract. There is no need of
referring to all of its provisions; it
required the payment of certain
amount per mile by the railroad COM
DanT, and there was an agreement with
reference TO the free transportation of