Page:Federal Reporter, 1st Series, Volume 3.djvu/424

 0. B. V. f. &. 00. V. V. V, TSIiSaBAPH 00. el7 ���Thb Cbntbal Branch Union Pacific Eailroad Co. v. Thb Western Union Tblegeaph Co. �(Circuit Court, D. Kansa». May 8, 1880.) �1. CoNTBACT— TJltba Vires. — ^The Central Branch Union Pacific Bail- road Company were authorized by aet of congress to construct a rail- road and telegraph Une, as a part of the Union Pacific Railroad syatem, for 100 miles west of the Missouri river, upon the same tenna and conditions, in ail respects, as were provided for the construction of the railroad and telegraph Une of the Union Pacific Railroad Com- pany. Held, that a contract by such railroad with a telegraph Com- pany, whereby it divested itself of the right to manage and control the telegraph line and flx rates thereon, wns ultra tiires and void. �Atlantic <6 Pacifie Telegraph Co. v. Union Pacifie By. Co., 1 Fed. Rbf. 746, followed. �2L Bame — Same — Rebtitution of Phopbrtt. — Where the railroad retook possession of such telegraph line, accompanied with legal proceedings to have the contract declared null and an account taken, the telegraph company cannot compel a restitution of the property undsr the con- tract pending such proceedings. �In Equity. Motion to Dissolve Injunction. �Everest e Waggener, for complainant. �W. G. Webb, Peck, Ryan e Johnson, Karnes e Esa, Wil- liams e Thompson and C. Beckwith, for defendant. �FosTER, D. J. The plaintiff filed its bill on the twenty- seventh day of February last, in the state court, settingforth its corporation, and its franchises granted under the act of congress entitled "An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the government the use of the same for postal, military, and other purposes," approved July 1, 1862, by whieh it was authorized to construct a rail- road and telegraph line, as a part of the Union Pacific Eail- load System, for 100 miles west of the Missouri river ; that it did construct its railroad under the provisions of that act, and did Miter into a contract, in 1867, with the defendant, the Western Union Telegraph Company, by which contract the plaintifiF was to construct its telegraph line aforesaid by erect- ing the pôles, putting on the insulators and one wire, and �T.3,no.8— 27 ����