Page:Federal Reporter, 1st Series, Volume 3.djvu/732

 W. V. TEI^BGBAPH OO. t). ^ P. BT. 00. T2S �business; the purpose of which - e\ddently was to' leave the exclusive right/to convey such messages to the telegiaph Com- pany. And it was to enforce this clause of the contract that the injunction was obtained by the Western Union Telegraph Company in the state court. And it is to get rid of this pro- vision and permit the railroad company to convey such mes- sages, and to unite the wires of the telegraph company with the American Union Telegraph Company, that messages may be conveyed, brought by the American Union Telegraph Com- pany, over the wires of the Western Union Telegraph Com- pany, that the present motion is made. �The first legal proposition involved in the case, as pre- sçnted, is that the Kansas Pacific Eailroad Company is for- bidden by the acts of congreas of the United States nndeir which it was built, and under which it received large grants' of money and public lands, and other rights and privileges^/ to make any such contract as exclu des or prevents itftom carrying messages for the general public over the telegraphie' Unes erected. oniits right pf way. I concur with Judge Me-' Crary in the Opinions delivered by him on the former appli-' cations before ibimto dissolve this injunction: that ba the face of the aets of eongress ûf 1862 and: 1864, called "The" Pacifie Eailroad Acts," the obligation of buildmg a telegraph line along its right of way, and of operating that line, ûr hav- ing it operated, under the control of the railroad company, was an obligation which they could not abandoa, and which was inconsistent with the contract made in this case, so far as those two acts are concerned ; and that if the case rested on the provision of those original Pacific Eailroad aets, namely, the act of 1862 and amendatory act of 1864, the present contract would be void, as in violation of the obliga- tions imposed upon the railroad company by those acts ; and I do not propose to add anything to what he bas said on that Bubject. If, therefore, there are no other acts of eongress on the subject, nor anything else that will remove that inherent vice in the contract between the two companies, the injunc- tion ought to be dissolved and the railroad company permit- ted to operate the telegraph in accordance with the obliga- ����