Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-19
MUST REMOVE WIRES
Decision Against Western
Union in Pennsylvania.
STATE COURT RULING
FEDERAL COURTS VERDICT IN
CASE ovERRULED.
People Along the Line Involved Are
Without Telegraph Facilities
for the Present.
STATE COURT RULING

PHILADELPHIA. Pa, May 19.-The
United States court Of appeals today held
that the Pennsylvania railroad had legal
right to remove the poles and wires OF the
Western Union Telegraph Company from
along the railroads right of way. The de-
cision today afflrms judgment OF the
west Pennsylvania United States court and
reverses a judgment of the New Jersey
United States circuit court The Pennsyi-
vania court refused to grant the petition ior
an Injunction sought by the western Union
TELEGRAPH Company against the Penns5i.
yania railroad and the New Jersey court
granted the Injunction. -'t-
Opinion by Judge Dallas.
The oninion is written by Judge Dallas.
1t states that the litigation is before the
court on two appeals One of them. upon
a writ of error relating to an order OF the
circuit court of western Pennsylvania, dis
missing a petition by which the western
Union Telegraph Company sought to &C.
ouire by condemnation the use OF the rgnt
of way of the Pennsylvania Railroad Com
pany and its branches for the use OF tne
telegraph companys lines. The other upon
| a decree of the circuit court of New Jersey
| awarding an injunction restraining the raj
| road company and others from interfering
with the telegraph lines along the right Oh
way of the Pennsylvania Railroad COM
pany.
| Judge Dallas says the decree of the New
| Jersey court was not made on the merits
| of the case, but upon the ground that II
would result in irreparable injury to no one
and might soon be reviewed upon appeal,
whereas an order refusing the injunction
| might have entailed much loss to the tel
egraph company. The opinion quotes the
contract of the Western Union Company
with the Pennsylvania company, dated Sep
TENDER 90, 1881, which contained pro-
vision that after a period Of twenty years,
written notice given hV the railroad
company, the telegraph company would be
bound to remove It's lines whenever re-
quested After quoting numerous authorl-
ties the opinion says: .'.-
Text Of the Opinion.
LAS it was not asserted that the telegraph
company had the right. Independently of
contract, to maintain it's lines upon the
| railroad and in view of the settled construc
ton of the law, we cannot permit such
a contention to be recognized as the basis
of jurisdiction The opinion concludes as
follows:
Having reached the conclusion that the
fundamental position of the telegraph COM
pany In each of these cases is untenable
the circuit court of western Pennsylvania
is affirmed and the decree Of the New Jer-
sey court is reversed"
In each case costs are imposed
Without Telegraph Service.
PHILADELPHIA, Pa. May 19.-Resi-
cents of numerous towns along the Phila-
delphia and Baltimore Central railroad are
today without Geographic communication.
The Western Union Telegraph Company
last midnight severed its connection with
the Pennsylvania Railroad Company,
which controls the telegraph service along
the lines of railroad. The Postal Telegraph
Company, which will replace the Western
Union. as yet has no. communication with
these towns. and until it's lines are extended
there will be no communication by wire
with the points affected
These include small towns between this
city and Octoraro Junction. a distance of
sixty-three miles. -