The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-02-23
N. P. WINS old CASE
Judge Amidon Hands Down Decision
in Case Begun by U. S.
in 1890. -
Action Was for Revocation of the
Franchise of the Northern Pa
ciiic Railway Co.

Judge Anidon of the United States dis
| trfct court, has filed a decision in thu
case of the United States vs. the Northern
Pacific Railroad company the Western
Union Telegraph company, the Northwest
ern Telegraph company and the Northern
Pacific Railway company. The suit was
| begun in 1890. The government sought to
| revoke the franchise of the Northern Pa
cific Railway company. which, it alleges,
violated the act Of congress Of Aug. Z. 1888.
| by not carrying commercial messages over
it's wires. Judge Amidon says:
| 'In a general way this suit presents the
same questions as arose in the suit of the
United States VS.. the Union Pacific Rail-
| road company.
1T is proposed to compel the Northern
Pacific to maintain and carry on by its
own officers and agents for commercial
and public purposes. a line Of telegraph
co-extensive with the line of road. The
government contended that the present
suit is controlled by the decision of the
| supreme court in the case referred to-
But an examination of the contract be-
tween the Northern Pacific read and the
| Western Union Telegraph company in
volved in the earlier case presents many
points of marked and controlling differ
ence.
''The distinctive features in the contract
| in the Union Pacific case are as follows:
"First-The Union Pacific company
should not permit any telegraph company
other than the Western Union company
| to operate any telegraph On the lines or
roads of the railroad company without the
written consent of the Western Union
company.
''Second-That the Union Pacific com
nanv should not without consent of the
telegraph company, transmit commercial
| or paid messages from any station where
| the telegraph company had an office and
| that the railroad company should act Tor
and pay over all sums received from sta
| ton where the telegraph company had no
separate office.
Ruling In Union Pacific Case.
| s'The supreme court held that the con-
| tract amounted to transfer OF the
| franchise of the railroad company to do
telegraph business and that the contract
disqualified the railroad company from
carrying commercial messages. The con-
| tract forbade the Union Pacific company
| to permit any other telegraph company to
operate telegraph lines on its right of way.
sIt was held that the former violated
| the act Of congress Of Aug. z. 1883. ana the
latter the act Of congress of July a. 1866"
| The present suit was brought to COM
pei the Northern Pacific company to COM
ply with the act Of congress OF 1899.
which made the right of way post road.
and any telegraph company, by complying
with the provisions of the act, could oper-
ate telegraph line on the right Of way.
| ''The government has no great peeon-
larry interest in the case which would VAL
rant the compelling of the railroad COM
pany to allow any other telegraph COM
pany to use the roadway for its lines.
That matter lies principally with the tele-
graph companies.
1.-THE object Of the present suit is not to
| admit the other telegraph companies to
the use Of the right of way, but to compel
| the railroad company to operate tele-
graph line for commercial and public
Epurposes. When the act of 1888 was
passed the railroad company made prepa-
| rations to handle commercial messages,
them to accept such messages when pre-
scented. Few messages have been ten
dered to the company for transmission
| since then, but that is not the fault of
the company but Of the public, who have
| been accustomed to using the greater IA
| cilities of the Western Union compa ny
for telegraph matters.
| ~ The Finding.
Il therefore find that the Northern Pa
| cific Railway company. at all times since
! the passing Of the act Of 1888, by and
| through its own respective corporate Off
| GERS and employees. maintained and oper-
| ated for railroad, governmental, CONNER
cial and other purposes. line Of telegraph
| co-extensive with the line of railway sys-
| tenn.
| "Second-I find that, if the contracts re-
ferred to between the Northern Pacific
| Railway company and the Western Union
| Telegraph company were fully performed
| the same contain no provision which will
obstruct the railway company from the
performance Of it's duties under the act of
congress of Aug. z, 1888.
| For these reasons decree will be en-
l 1ic,iv It'll