| Show J POSTAL WINS ITS CASE Will Get Right of Way for Telegraph Line SOON TO BE CONSTRUCTED Judge Cherry Yesterday Decided the Condemnation Cnso Over Short Lines Right of Way in Utah in nor n-or of the Telegraph Company Favorable Decisions Expected in Idaho and Montana Also Construction Con-struction will bo Commenced at On co and will Soon be Comploted The decision of Judge Cherry 1 I handed down yesterday granting the Postal Telegraph Cable company an casement over the Oregon Short Line Railroad company rightofway from Salt Lake City to the Idaho line means a great deal to Salt Lake and to the State The Postal Telegraph Cable company proposes to speedily construct a telegraph line from Salt Lake through Idaho to Butte Mont which will place this city In connection connec-tion with the extensive system ot that company east and wost For he construction of the line an easement over the Short Lines right ofway Is necessary and condemnation condemna-tion suits wore started against the railroad company in Utah Idaho and Montana The Utah suit was heard before Judge Cherry two or three 1 weeks ago taken under I advisement by I tle court and decided f yesterday favorably J fa-vorably to the telegraph company Judge Cherrys decision Is In line with decisions by Judges In other States In I similar cases The case has been heard In the Idaho courts and a decision I j de-cision there is expected soon bu tIn j Montana it Is t not expected the Judgment Judg-ment will come until September WILL START AT ONCE Judge Cherrys ruling however practically prac-tically settles the matter as to Utah The money for the construction of the line has been appropriated and all arrangements ar-rangements made to start work almost al-most immediately An appeal from Judge Cherry decision will not delay 11 as it Is the intention of the telegraph tele-graph company to put up an ample bond and go ahead with the work at once Favorable decisions are expected in both Idaho and Montana and by the time the court In Montana rules on it the line In Utah and Idaho will It is expected be completed and only the portion In Montana left to be constructed con-structed so that the prospects are exceedingly I ex-ceedingly good that In a few months I Salt Lake will enjoy the service of another extensive telegraph system with Its headquarters for this region here The line through Wyoming will it Is I thought be delayed owing to the I necessity for securing further legislation legisla-tion In that Stale Judge Powers who Is the attorney for the company wired congratulations congratula-tions on the court here ruling In the companys favor tb Assistant General I Superintendent Neelcy of Chicago and received an appreciative reply J JUDGE CHERRYS RULING In rendering his decision yesterday I Judge Cherry said in substance This is a suit for the condemnation of an easement over the defendants rightofway The defendant objects to The plaintiffs right to maintain this action FIrstFor the reason that this court has not Jurisdiction outside of the county of Salt Lake This question was fully argued upon the demurrer to the complaint and the court adheres to its decision made at that time and holds that In this class of cases It has the Jurisdiction contended con-tended for by the plaintiff SecondIt Is argued that plaintiff Is not a bona tide corporation In this That It was not organized for the purpose pur-pose of building a telegraph line but for the purpose of exercising the right of eminent domain in behalf of the Postal Telegraph Cable company of New York No question is made as to the due incorporation of the plaintiff and the point raised as to its being ian Ian I-an agent of the New York corporation Is collateral and cannot be adjudicated I in this way That Is somethIng which concerns the State in a uMrect proceeding I pro-ceeding and It will not now be considered con-sidered by the court It Is also contended con-tended that the description of the real estate sought to be condemned is not sulllclent That question was passed upon by 1 this court when It decided the demurrer and the court holds now as it held then that the description Is Bufllclcnt A MORE NECESSARY USE As to the question as to whether the rightofway sought to be condemned con-demned is for a more necessary public use than that for which It is now used I the facts show that It Is Besides the plaintiff by its pleadings puts Itself subject to the control of the defendant defend-ant and It can In no way Interfere with defendants conduct of its business busi-ness The court therefore 5a of the opinion that plaintiff be allowed to condemn the right of way sought un der the restrictions set forth in its complaint AB to the damages that arc to be assessed in the opinion of the court many of those damages sought to be proven are prospective and speculative the damages are simply sim-ply nominal and they are assessed by the court in the sum of 100 Counsel for plaintiff will draw decree In accordance ac-cordance with these suggestions |
