The Birmingham age-herald., 1917-07-22
WILLFUL PRESENTATION Of l. & N Railroad CO by Western Union Telegraph Q
 ID S CI O s E ID BY THE F A CTS

of way in the State of Alabama where the Western Union has been denied by final judgment the right to condemn such rights of way for the purpose of continuing it's telegraph line thereon.
 The contract between the two companies was ter- minated by the Western Union itself in August 1912, and since then it has, against this compaRys will and consent, held possession of the Railroad CoM- pany's rights of way without paying any sum what sOever for the use and occupation thereof.
 "In this company's motion to dissolve the tenn porary injunction granted by the Federal Court here in December 1912, so far the lines in Alabama were concerned, it was insisted that If the Court was of opinion the Western Union should have reasonable time within which to it's telegraph poles, wires and fixtures from this companys right of way period of three months was sufficient for that purpose and the officials and attorneys of the Western Union were fully aware of the fact that this company did not propose to destroy interrupt the service to the public or Government rendered by the lines of the Western Union Its rights Of way in Alabama; the contrary, it's motion was to the Court to dissolve the temporary injunction kere tofore granted since the effort by the Western Union to condernn the Railroad Companys rights of way in Alabama had proved unsuccessful, and said n- junction had only been granted temporarily and until that stage had been reached. The resistance by the Western Union to the motion made by this Company is for delay and to avoid paying any cor- pensation for the use and occupancy of this Cora- pany's rights of way and any statement made by the Telegraph Company its representatives to or your Department or to Attorney Genaral, whs has written letter to the Federal Jcdge before whom this injunction suit Is pending, contrary to the foregoing statement of facts is without founda- tion and doubtless intended to prejudice the officials
 
 q, therefore, repeat my request that you furnish me with the information referred to in my telegram to you of the 3oth ut.
 T wish to you that all this company desires is either possession of its rights of way, to aeh it is entitled, compensation from the Western Union for the and occupation thereof until sue6 poa- session is obtained by due process of law. ResnecAp fully yours, H L. Stone, General Ccunse"
 WRITES TO TRIAL JUDGE !
 In the meantime similar misrepresentakions had been made to United States Attorney General 0Eas- oery causing Attorney General Gregory to address the following letter to Judge Walter Evans, Of the District Court of the United States for the Wssten District of Kentucky before whom the apgestton to dissolve the injunction in Alabama had dhsen facd. The letter was given wide publicity in the news papers throughout the country:
 Hon. Walter Evans Sir The Secretary of War has brought to my attention the situation azising out of the litigation in your Court between the wes- tern Union Telegraph Company and the Louisville { Nashville Railroad Company with reference to the operation of telegraph lines the Louisville c Nashville right of way.
 He states that effort will be made next Mor- day to dissolve the injunction restraining the rail- road company from removing the telegraph poles from its right of way and that in the event the in- junction is dissolved the railroad company has an- nounced that it will immediately down the poles and thereby destroy the telegraph lines in question Such action will seriously interfere with the mobili- zation of troops and other military operations and under existing conditions cannot be permitted by the Government.
 "In this situation the Secretary of War has tele- graphed to the Presidents of the Louisville Nash- vile Railroad Company and the Western Union Tee- graph Company that, while the Government has no interest in their controversy, the maintenance and operation of the telegraph lines were essential to the public safety and that if necessary the Govern ment would seize the lines and operate them for military purposes Copies of these telegrams are enclosed for your information
 'The Government does not desire to take such action unless the military of these lines cannot be assured in any other way, and am writing this letter to put you in possession of the facts which have developed here that you may in the exercise of wise discretion and public duty take such action you may find proper to avoid further ernbaxrasse ment to the Governments military operations at this critical time.
 q assume that no immediate action changing the status quo will in the circumstances be taken and that. in the event you desire formal presen- tation of the Governments views, suitable time will be allowed for this purpose.'
 WIDESPREAD MISREPRESENTATION
 Not only was this exchange of correspondence indulged in, but under date of July 4th there ap- peared in the public press throughout the country 4 an authorized statement issued by the War Depart ment, of which the following language is a part:
 "As the approached the point of deadlock t understood that the road officials had aiven or ders to gangs of their workmen to arm themselves with and remove the telegraph company's prop erty by the simplest possible method-chopping down the poles.'
 There is not now, never has been, and never will be the slightest intention the part of the L. q N to illegally destroy property not only Western Union property, but any property whatsoever. If the L. & N. is anything 1t is constructive force in the community and not destroyer. These facts the