Evening journal., 1903-08-21
ORDER MADE IN
TELEGRAPH CASE
Judge Grants Preliminary In
junction Petitioned for by
Western Union
AWAITING SUPREME COURT SACTION
Pennsylvania Railroad and Western
Union Telegraph Company Cases in
New Jersey Similar to One Before
the Local Court.
the Local Court.

Judge Edward Bradford IN United
States Court this morning handed down
an opinion In the case Of the Western
Union Telegraph Company vs.. the Penn
sylvania, Baltimore and Washington, and
I the Delaware Railroad Companies He
calls attention to similar cases which re-
Gently came before the courts of New
Jersey and later taken to the United
States Supreme Court, and under the cir
cumstances. Is Of the opinion that II is
unnecessary and would be improper that
this court should now render any decision
on the merits OF the local case while the
New Jersey case is pending in the Su-
preme Court.
Until the Supreme Court shall decide or
decline to decide the New Jersey case the
railroad companies will be restrained
from interfering with the operation OF
the telegraph companys lines. A decree
for an injunction TO this effect was or
dered in the opinion. which follows:
The Western Union Telegraph Com
pany, a corporation OF New York has
filed its bill Of complaint against the
Philadelphia, Baltimore and Washington
Railroad Company. a corporation existing
under the laws of Pennsylvania. Delaware
and Maryland, and the Delaware Railroad
Company, a corporation OF Delaware,
praying. among other things, that the de-
fendlnts be restrained ky injunction until
the final decree of 1.-THE further order Of
the court from interfering IN any man
ner with the use and operation of the
complainants telegraph lines upon the
( roadway and right of way OF the defen-
danss. The case is before the court on a
motion for a preliminary Injunction
There are controlling reasons why the
motion should be granted to the extent
of restraining the defendants as prayed
for Until the further order OF the court
The Western Union Telegraph Company
complainant herein. filed ats bill Of com.
paint November p. 1902 in the Circuit
court for the district Of New jersey
against the Pennsylvania Railroad Com
pany and the United New Jersey Rail
road and Canal Company. praying. amonl
other things, for a temporary Injunction
against these companies restraining then
from interfering with the use and opera,
1tion of the complainants telegraph line.
upon their roadway or right of way. Or
this bill the court awarded a preliminar,
iniunqion as prayed January q, 1903. l2
Fed. sSl. Thereafter the circuit court ol
appeals reversed the interlocutory deere,
for an injunction. 123 Fed. %. An appea
by the Western Union Telegraph Com
pany to the Supreme Court OF the Unite,
States having been allowed an order fol
the continuance Of the status quo wa.
made by Mr.. Justice Pockham, June u
1903 directing that on the condition.
therein set forth 'the status quo ant
the present condition of the parties an,
property involved I'm this suit De continue,
and maintained until a decision shall b,
made on this appeal by the Suprem,
Court of the United States or until thi.
court shall order to the contrary" 1t an
pears that the Western Union Telegrapl
Company, the appellant, has up to tn,
present time fully complied with The
required conditions. The facts here dis
closed i'm the bill and affdavits are not il
all respects similar to those I'm the New
Jersey case. There are, however. certain
legal question, Of an important ant
probably pivotal nature. common to botl
cases and involving the consideration
among other things. of the scope and ef
feet of the act Of Congress of July "a
1866 entitled "An ACT to aid in the Con
struction Of Telegraph Lines. and to Sc
cure TO the Government the Use Of tn,
same for postal, military. and other Pur
poses" II Stat. 22i. Under these circum
stances it is unnecessary and would b,
improper that this court should now ex
press any opinion, or render any decision
on the merits OF the case in hand. tn,
result is that until the Supreme Cour
shall decide or decline to decide the New
Jersey case on its merits the status qu,
should be preserved and, consequently
until the further order of the court tn
defendant should be enjoined and re
strained as prayed.
I Let an interlocutory decree for an in
Function be prepared in accordance will
this opinion.
(Signed) Edward G.. Bradford. J.
u Aug. q, 1908.