The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-06-22
CUT DOWN ITS POLES
POSTAL TELEGRAPH-CABLE COM
PANY FIGHTING s., F. & w.
AN ILLEGAL CONTRACT.
BETWEEN DEFENDANT AND WEST
ERN UNION ALLEGED TO EXIST.

From Cutting Down the Poles 1t
Has Erected Recently on the Rail-
way COmpany's Right of Way.
This Action Denounced n High
handed Outrage - Alleged That
Effort Is to Maintain Monopoly an
Telegraph Business for Western
Union-AII Schemes Look to This
End.
In the Superior Court yesterday morning
Judge Falligant granted temporary re-
straining order, which prohibits the Sa-
vannah, Florida and Western Railway
Company from cutting down, digging up
or destroying the poles or in any way
interfering with the construction of the
line of the Postal Telegraph Gable Com
pany, between the towns of Albany and
Thomasville and Townsville and Val
dosta.
The petition upon which the order of
the court is based was filed just before
the order was granted. In this petition
for injunction and other equitable relief
the Postal Company openly asserts and
charges that the Savannah. Florida and
Western Railway Company and the West
ern Union Telegraph Company have con-
spired together for the purpose of main
tanning for the latter company monopo-
ly of the telegraph business in that sec
ton of the state through which the Pos
tai Company now desires to extend its
lines, that all the efforts to delay the
condemnation proceedings for the use of
part of the railway company's right-of-
way, as well as the defendants more re-
cent physical efforts to prevent the con-
struction of the line, have been in pur-
suance of the contract in question, be-
tween the railway company and the West
ern Union, which contract is denounced
as illegal, opposed to public policy and
totally null and void.
The petition refers to as "a high-handed
outrage" the recent destruction of the
telegraph company's poles and the inter
ference with its work of construction by
the officers and agents of the railway
company.
A long history of the litigation between
the parties, since the time the telegraph
company first notified the railway COM
pany that it desired to use part of the
railway right of way between Albany
and Thoma sville and Townsville and
lines, is given in the petition. The two
companies could reach no amicable agree
ment on the subject and the telegraph
company instituted condemnation pro-
ceedings in the Superior Court These
were followed by the institution of suits
for injunction by the railway company
against the telegraph company and by
numerous other warmly bits of
litigation, in all of which the telegraph
lasA 4no lrfn
Court, where they were instituted. and
in the Supreme Court of the state, to
which tribunal they were appealed. The
assessors determined that the construc
ton of the telegraph line would cause
damages to the amount of $1,000 to the
railway company and the telegraph COM
pany paid this sum into court and re-
Gently started ahead with the construc-
ton of its lines.
This work of construction was begun
on last Monday, when the Postal began
TO strius its POLES out between Albany
and Thoma sville, dig holes for their re-
ception and erect them Seventeen poles
were erected and nineteen additional
holes were dug. At this stage of the
proceedings a force of railway hands APP
peared on the scene. dug up the poles
that had been erected, carted them to the
side of the right of wey and dumped them
filled up All the poies that had been
strung along ahead of the active work
of construction were also carried to the
line of the right of way and thrown
across.
Last Wednesday the telegraph compa-
ny's construction forces started in again,
this time erecting some more poles, dig
ging some more holes and continuing their
work in the direction of Themasville.
These poles the railway company's forces
cut down and threw aside.
T. r. Rusk, superintendent of construc-
ton for this division of the Postal's ter
ritory was on hand when this was done,
protesting" says the petition, against
this high handed outrage" H. NJ. Puck
ett the employee of the railway company,
he found in charge of the work of de-
struction, told him that the poles had
been cut down and everything else that
he had done had been under the direction
of w. L. Hargreet the general supervisor
of the defendant company, and by the ex-
press authority of the company's general
superintendent. Mr.. Pickett further in
formed Mr.. Rusk that he proposed to
continue cutting down the poles and get
ting them off the right of way, and to
continue, again in the words of the petit
ton. "ruthlessly to destroy the property
of petitioner"
that on the other side of the right of
way from that on which 1t desires to
construct its lines, the lines of its great
rival and competitor, the Western Union
Telegraph Company, are situated. Then
II continues:
THE petitioner respectfully submits
that there is the same room on said right
of way in law, and in fact, as there is
for its rival. the Western Union Tele-
graph Company, and that the efforts of
the said defendant throughout this con-
demnation litigation, and the so-called
equitable proceeding adopted by it in OBJ
struction thereof, as well as the violent
physical efforts of the defendant, after its
proceedings in court had failed, in OBJ
structing and interfering with this petit
toner in its work, tend to sustain along
the right of way of the said defendant a
monopoly in the telegraph business, to-
wit. the Western Union Telegraph Com
pany. on one side of the track. and to
deprive this petitioner of exercising it's
right. under the law, in laying fits line
on the other side of the track. which II
has a right to do, having paid the amount
OF the award in court and having con-
Toned In all respects to the law.
And your petitioner charges in this
connection that the defendant, the Savan-
nah, Florida and Western Railway Com
pany. has entered into a contract with
the Western Union Telegraph Company
with the intention and for the purpose Of
depriying your petitioner Of the right 70