Page:Federal Reporter, 1st Series, Volume 3.djvu/15

8 FEDERAL REPORTER. �npon linea west of the Missouri river, and which were in danger of being rendered worthless by the lines about to be constructed by the railroad companies. it did not provide for a sale by the telegraph company to the railroad company of the material of the then existing lines, nor did it provide for a sale of the franchises of the telegraph company. It clearly provided for an arrangement by which the telegraph company might transfer its Une and business to the line of tiie railroad. This is made more evident by the further provis- ion that, in case of disagreement, the telegraph company may transfer its line of telegraph upon and along the line of the railroad without prejudice to the rights of the railroad company. The purpose of the act is here made manifest. It was to authorize the transfer of the telegraph line of the United States Telegraph Company to and along the line of the rail- road, and permit its operation there, upon such terms as might be mutually satisfactory ; or, if no terms could be agreed upon, then as a matter of right in the telegraph com- pany. It was, of course, not the purpose of congress to authorize the telegraph company to establish and coiïstruct its line of telegraph along the line of the railroad withoui; the right to operate the same after it was so established and constructed. �I am, therefore, clearly of the opinion that the fourth sec- tion of the act of July 2, 1864, above quoted, authorized the Kansas Pacific Railway Company, Eastern Division, to enter into a contract with the United States Telegraph Company embodying the terms of the contract set forth in the bill, ■with the exception of the clause respecting the family, private and social messages of tlio executive officers of the railroad company, which will now be considered. �5. The contract in question provides as foUows : "Fourth, the business of said railway, including its construction, lands, and ail business of the company, and the family, private and Boeial messages of the executive officers, shall be transmitted without charge between ail telegraph stations on the line of said railway, and also between ail such stations and the city of St. Louis, Missouri, and over ail other lines in Missouri, ����