Show POSTAL COMPANY WINS 1 Supreme Court Gives Right of Way Over Short Line 1 1j j LOWER COURT IS AFFIRMED Ii I i The Opinion Finds tho Court in Salt I Lake Had Jurisdiction and That I the Telegraph Company Had Power to Exorcise the Right ot Eminent I Domain in Utah Similar Cases in Idaho and MontanaMrs Mills I Wants a J > ivorce Orders in PioV V 1 bale District Court Notes Thc Supreme court yesterday handed down an opinion affirming the trial I court In tho case of the Postal Tele graph Cable company of Utah vs the I Oregon Short Line Railroad company i appellant The proceedings were brought by the 1 plaintiff under the eminent domain act to condemn a right of way for the Put I pose of constructing and operating a l telegiaph line upon the right of way of the defendant company from Salt Lake north through tho counties of Salt I Lake Davis Weber Box Elder and Cache to the UtahIdaho State lInen distance of about 100 miles The defendant I de-fendant demurred to the complaint on the grounds that the court have had no Jurisdiction outside of Salt Lake county coun-ty and that tho plaintiff was the agent and under the control of the Postal Telegraph and Cable company of New York a foreign corporation which It was alleged had not power to exercise the right of eminent domain in this State The demurrer was overruled and Judgment given for the plaintiff the Jury assessing the damages to bo paid to the defendant at the nominal sum of 100 Thc Supreme court found no error in the Judgment or proceedIngs proceed-ings in the District court The opinion I was written by District Judge Hall and concurred In by Justices Bartch and Baskln The Postal Telegraph company began similar proceedings In Idaho and Montana Mon-tana and obtained judgments In the p lower courts In Idaho the proceedings I I were had in the Federal court and tho I Judgment of that court was appealed by the Short Line company to the Circuit Court of Appeals where Attorney Attor-ney Straup of counsel for the telegraph company says the action Is still pending pend-ing Thc case In Montana was tried In the State court and the appeal of the railroad company Is now pending In that State The telegraph company expects early decisions In its favor in both the Idaho and Montana cases and after they are rendered the work of construction will speedily begin and be > apldly carried 1 through to completion giving Salt Lake a competing telegraph system 1 I |