United States v. Northern Pac. R. Co.

Citations

• 120 F. 546
• 1903 U.S. App. LEXIS 5291

Syllabus

<p>1. Telegraphs — Subsidized Railroads — Contract with Telegraph Company — Validity—Statutes—Infringement.</p> <p>Act Aug. 7, 1888 [U. S. Comp. St. 1901, p. 3583], requires all subsidized railroad companies to construct and maintain telegraph lines for governmental, commercial, and other purposes, and exercise by itself all telegraph franchises conferred on them; and section 2 [U. S. Comp. St. 1901, p. 3583] requires all such railroad companies to so operate their respective telegraph lines as to afford equal facilities to all, without discrimination in favor of or against any person, company, or corporation whatsoever, and to receive and exchange business with connecting lines without discrimination. Held, that a contract between the Northern Pacific Railroad Company and the Western Union Telegraph Company by which the telegraph company agreed to construct telegraph lines along the railroad’s right of way, and grant to the railroad company the exclusive use of one of two wires erected, and the right to stretch additional wires, for which the railroad company agreed to pay one-third the cost of constructing the line, and to transport the property and employés of the telegraph company in constructing and maintaining the line free of charge, was not in violation of such sections.</p> <p>2. Same — Connecting Telegraph Lines — Designation—Additional Charges-—Imposts.</p> <p>The fact that the railroad company, in receiving telegraph messages-for points beyond its lines, required the sender to designate the connecting telegraph company over whose line the message should be sent, and made a small additional charge for the words necessary to designate-such line, which charge was in accordance with the uniform practice in like cases among telegraph companies, was not an arbitrary impost or-discrimination prohibited by section 2 [U. S. Comp. St. 1901, p. 3583],</p>