Page:Federal Reporter, 1st Series, Volume 3.djvu/9

 2 FEDERAL REFOBTEB. �8. OoirrBACT — Public Pomct. — A provision in a eontract between a tele- grapb companjr and a railroad Company, to the e&ect that the telegraph Company will transmit the family, private and social messages of tha executive offlcers of the railroad company free, is against public poU icy, and immoral, and taints the entire eontract, so that a court of equity will not enforce it, or grant any relief to a party claiming under it. �Demurrer to Bill. �C. Beckwith, Williams dt Thompson, Geo, R. Peck and W. G. Webh, for complainants. �J. P. Vsher and Everest e Waggener, for defendant. �MoCbary, C. J. The bill sets forth a eontract in writing entered into between plaintiff and the Union Pacific Eailway Company, Eastem Division, of date October 1, 1866, "whereby the plaintiff, under certain terms and conditions, was to con- strùct, maintain and operate a line of telegraph along the Une and upon the right of way of said railway company. �The bill avers that the parties to said eontract are, and were at the time of the execution thereof, existing corpora- tions, with power and authority to make and enter into said eontract. The Kansas Pacific Eailway Company was the successor of said Union Pacific Eailway Company, Eastern Division, and the Union Pacific Eailway Company is the suc- cessor of the former. It is averred that by the terms of said eontract it was agreed that plaintiff should have the right to add as many wires to said line established as should be neces- sary for the transmission of its own business, without inter. ference with the working of the wire which, by tKe terms of the eontract, was reserved for the use of the railway com- pany. �The plaintiff further alleges that on the tenth day of Feb- ruary, 1880, it became and was necessary for the transmis- sion of its business to add another wire to said telegraph line, between Wyandotte and Erookville, and tiiat for that purpose it proeure'd the necessary materials, and demanded of the railway company permission to erect said additional wire, which was refused; and it is alleged that the several defendants have confederated and combined together, and by force and threats have prevented plaintiff from putting up ����