Page:Federal Reporter, 1st Series, Volume 3.djvu/738

 W. V. TELeOBAPH 00. V. U. P. Zt. 00. 731 �ferred upon the United States Telegraph Company, whatever Company that might be. The existence of this United States Telegraph Company, and the assertion of the rights of the Western Union Telegraph Company under it, and the effort to show that the contraot now in question was made under the act of 1864, with the successor of that company, is for the first time presented to the court at this hearing, and much that might make it plaiu either that there vf&a such a right or that there was not such a right, may possibly exist and be brought to light hereafter, when the case can be heard at a final hearing on the issues made by the pleadings. And this branch of the subject will therefore be postponed for the present. �We must further hold that for the purposes of this motion to dissolve an injunction which has been four times before the consideration of the proper courts already, and which have thus far failed to dissolve it, there is sufficient evidence of the authority to make that contract under the act of 1864. It is said that the Kansas branch of the Pacifie Eailroad Company was the successor of a corporation organized under the laws of Kansas, and not by the act of congress, and the acts of congress of 1862 and 1864, called "The Pacific Eail- road Acts," conferring upon that company the right to build a railroad and telegraph; and that because the Kansas branclj of the Pacific Eailroad Company does not owe its existence as a corporation to the United States, nor to any law of the United States, that, therefore, it is not bound by the pro- visions which would forbid it from making a contract such as that made with the Western Union Telegraph Company. But this proposition cannot be maintained. The corporation which accepted the grant of the United States of millions of money by way of subsidy, and millions of acres of land, and many other advantages, must be held to have accepted the entire act of congress with ail the conditions which it imposed. This was held in the supreme court of the United States in the recent Sinking Fund Cases, (99 U. S. Sup. Ct. Eep. 700,) in which the validity of the Thurman act, requiring ail those railroads to provide a sinking fund for the payment of their ����