The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-01-15
Pennsylvania Road Is Per-
manently Enjoined From
Interfering With Com
pany's Lines--Legal Bat
tie Between Two Corpora
tions Still Continues to Be
Waged in United States
Courts.

TRENTON, N. j., Jan. lin the
United States circuit court, district OF
New Jersey, a decision was filed today
in favor of the Western Union Telc-
graph company restraining the Penn
sylvania from interfering with the
company's lines along the road. The
injunction is made permanent.
The decision recites the following
United States statute, enacted July "a
1866: amy telegraph company now or
ganized or which may hereafter be or
ganized under the laws of any state
shall have the right to construct, main
tain and operate telegraph lines over
and along any of the military or post
roads of the United States which have
been or may hereafter be declared such
by law, but such lines of telegraph
shall be constructed and maintained
as not to interfere with the ordinary
travel on such military roads," All
railroads are declared by law to be post
roads.
Telegraph Lines Must Stay.
The decision continues: while the
question here at issue has not had jul
dicial Interpretation by the court of
last resort, the statute of July "a, 1856,
as applicable to post roads, has several
times been before the courts for their
construction. 1t has been held that
because of this law company hav-
ing exclusive privileges under the state
law cannot prohibit the erection of the
telegraph lines of another company on
the post roads of the United States
where such other companies have ac-
cepted the provisions Of the act of July
"a, 1866, when those in control of such
roads have given their assent.
1T has also been decided, in United
States VS.. Union Pacific Railroad COM
pany: That no railroad company own
ing post road of the United States
over which interstate commerce is car
rfed on, can consistently, with the act
of July "a, 1866, bind itself by agree
ment to exclude from its roadway any
telegraph company incorporated under
the laws of a state, which accepts the
provisions of the act and desires the
use of that roadway for its lines in
such manner as will not interfere with
the ordinary travel thereon"
Defendant May Appeal.
The deciding judge, in closing said:
In view of the facts presented, and for
the reason stated, / have decided to
make permanent this injunction. In
this way the defendants will have an
opportunity to appeal to the next term
of the circuit court of appeals; while,
should the rule be discharged, the COM
plainant would have no appeal and the
injury to its property, which is threat
ened, would have been accomplished
Sidered."
The contention of the defendant
company that it has entered into a new
contract with another telegraph COM
pany and that there is not sufficient
room on its right of way for the lines
of more than one telegraph company,
the decision says, ought to await the
final determination of the cause.
Other Action Is Brought.
.PITTSBURG, Pa, Jan. IA new
phase of the legal battle between the
Western Union Telegraph company
and the Pennsylvania developed today
when the Pennsylvania company filed
a cross-bill in the United States circuit
court against the Western Union. The
cross-bill alleges that a partnership
has existed between the plaintiff and
defendant for years and the court is
asked to declare that all contracts and
agreements between the defendant and
plaintiff terminated and ended June 2,
1903; that an accounting be had and a
decree made fixing and determining
the respective rights and standing of
the plaintiff and defendant in and to
the property constituting the lines of
telegraph which are the subject mat
ter of this litigation
The court is further asked to declare
that the Western Union has no right or
authority to occupy any portion of the
property or the plaintiff under the acts
b. of congress. The court is asked to
grant perpetual injunction restrain
ing the defendant company from in
any manner using or occupying the
property of the plaintiff after June 2.
1903, and from interfering with the
plaintiff in removing the property from
all of the lines of the defendant COM
pany if necessary.
The Pennsylvania also filed an an
swer and demurrer in the previous case
asking that the portion of the agree
ment that no other company or indi-
Vidual be permitted to build or opera
ate a telegraph line along the right of
way of the railroad company be de-
clared void and illegal because it was
intended to create a monopoly in the
telegraph business.