The Birmingham age-herald., 1917-07-22

telegraph poles of the Western Union Telegraph Go. and forclbly remove the telegraph wires from the l. & N right of way in the State of Alabama, thereby disrupting business and social teegraphic facilities, jeopardizing Montgomery's and Alabamas wise seriously interfering with the Army and Navy in the successful prosecution of the world war.
 By this misrepresentation, and before the L. N. had any knowledge of the unwarranted activity, any opportunity to issue statement of the facts, many prominent and patriotic citizens deceived into signing the afhdavits, thereby giving aid to the Western Union in its secret efort to create prejudice against the L. & N.
 Without the slightest foundation in fact, and in violation of business ethics the Western Union caused 1ts attorneys, without regard for consid eration of the Federal Judge before whom the hear ing ing %ss then pWendng to the matter to Attorney General of the United States
 Being deceived by the Western Union Secretary of War Baker telegraphed to the President of the l. & N, and Attorney General Gregory wrote to the Federal Judge who then had the case in charge, that the L. N. must not be permitted in view of forcibly remove the wires of the Western Union from the L; 6 N right of way in Alabama,
 chapter of hstory of business contain parallel to this effrontry and misrepresentation practiced by the Western Union Telegraph Co.,
 FACTS IN THE CASE
 In 1884 the Western Union Telegraph Co., entered into contract with the Louisville & Nashville Rail- road Co. whereby the poles and wires of the tele- graph company were to occupy section along the right of way of the railroad company The contract
 
 months in advance of an intention on the part of either party to continue terminate the contract at the expiration date
 In accordance with the terms of the contract the mere existence of which constituted acknowledg- ment by the Western Union of the right of the L. & N. to exercise authority over and ownership of g right of way which the L. & N held either by deed of gift outright purchase the Western Union gave voluntary notice within the stipulated time of Its intention to terminate the contract August 17th, 1912.
 Thereupon the Western Union instituted condem- nation proceedings in the courts in effort to cure the l.. & N right of way without any contract or obligation to the L. 6 N at all.
 ? WESTERN UNION ENJOINS L. & N.
 Correctly anticipating that the L. & N would resist this proceeding to the full extent of its ability fes Western Union undsr date of pecen,beT 2sh States for the Western District of Kentucky a temporary injunction to prevent the l. & N from the railroad right of way, the l. 6 N has*lg given the telegraph company months notice to remove it's wires and poles) and then began to push its condemnation proceedings
 The law of Alabama, most excellent law which protects the interests of the people against those who enjoy the right of eminent domain, stipulates:
 Ii the property sought to be condemned, or any portion thereof interest therein has already subjected or devoted to public use, such land or portion thereof, interest therein, shall not be taken for another and different character of public unless actual necessity for the specific land portion thereof interest therein shall be al- legged and proven, and unless it be alleged and proven that such other and different character of prbc will not materially interefere with the public to which such property is already sub jected or devoted"
 The law passed by Alabama in 1903 and is the law of the State at the present time However, and without regard to State Rights or authority of Alabama to pass laws for it's government the Western Union asserted that it had every right to condemn the right of way of the L. & N. Railroad Co. in Alabama without compliance with the pro visions of this law.
 COURT DECISIONS FAVOR L. & N.
 Upon it's failure to secure favorable decision in first one Alabama court and then another includ- ing the Supreme Court of that state, the Western Union carried its contention to the Supreme Court of the United States, where after one brief week, decision rendered adversely to the Western Union and in favor of the L. & N.
 In compliance with the voluntary termination of the contract by the Western Union, and in accord