Page:Federal Reporter, 1st Series, Volume 3.djvu/737

 730 FEDEEAL REPORTER. �ized, under the authority of the laws of New York, and steps ■were taken, the proceedings of which are presented to us, which were manifestly designed in effect to amalgamate, and consolidate, and bring together in oue organization, the rights and franchises, grants and powers of each of them. This Consolidated company adopted the name of the United States Telegraph Company, and it is recited in ita articles of association that one of its elements is the United States Company, which existed prior to the act of congress of 1864. �We see here a conscious effort, although there may be some imperfection in carrying that into effect, to unite the powers of this United States Telegraph Company, organized in 1862, prier to the act of congress, with the powers of other com- panies, and to keep up its name and authority by the use of the same name in the Consolidated company. This last United States Telegraph Company finally became Consolidated with the Western Union Telegraph Company, or their fortunes became united and amalgamated in some shape not very clearly made out, and this is the action under which the West- ern Union Telegraph Company claims the right to make the contract which is the subject of consideration, �I am not prepared to say, with any degree of assurance, that if this case oomes to a final hearing, and no more com- plete evidence is then given of the corporate existence of the first United States Telegraph Company of New York, and of the transfer of the powers granted to it by the act of congress of 1864 to the Western Union Telegraph Company than bas been presented on this hearing, that that contract can be sustained under the act of 1864, But I am prepared to hold that there is no such clear case made against the right of the Western Union Telegraph Company to ail the franchises and privileges of the original United States Telegraph Company, as to justify me in totally dissolving the present injunction, in view of the consequences which would foUow such action, which will be hereafter considered. . There is enough testi- mony to show that there was a purpose and design, through a series of transactions, to vest in the Western Union Tele- graj)h Company the rights which the act of July 2, 1864, con- ����