Page:Federal Reporter, 1st Series, Volume 1.djvu/754

 746 FEDERAL REPORTER. �tral Pacific Eailroad in XJtah. Under this authority the said railroad company built, and early in 1869 completed, its rail- road and telegraph over said route. The plaintiff is a corpo- ration organized under the laws of the state of New York. �On the first day of September, 1869, the plaintiff and said Union Pacific Eailroad Company eutered into a contract, whereby, among other thinga, the railroad company agreed to demise and lease to plaintiff "ail its telegraph lines, wires, pôles, instruments, offices, and ail other property by it pos- sessed, appertaining to the business of telegraphing, for the purpose of sending messages and doing a general telegraphie business; to have and to hold for and during the whole term of the charter of the party of the first part [the railroad corn- pany] and any renewals thereof, subject to the rights of the United States as set forth in the charter of the railroad com- pany, and on the condition that the plaintiff would faithfully and fully perform ail the duties imposed or to be imposed upon the railroad company by its charter or by the laws of the United States." �On the twentieth day of December, 1871, a supplemental agreement was entered into between said parties, by which certain changes were made in the original contract. Among other things, it was provided in said contracts that the rail- road company should receive from plaintiff, in consideration for the same, 17,800 shares of the capital stock of the plaintiff cor- poration, (the Atlantic & Pacific Telegraph Company,) whieh stock the railroad company received and applied to its own use. Said contracts were duly performed on both sides until the twenty-seventh day of February last, when the railroad company assumed, of its own motion, to rescind the same, and to resume possession and control of the property; for which purpose its agents eut the wires running from the gen- erai offices of plaintiff, for commercial business, at Omaha, and severed said offices from the main line. It is charged in the bill that this was done for the purpose of giving the busi- ness of said line at- Omaha, and ail the advantagea thereof, to the defendant, the American Union Telegraph Company, ��� �