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Show CANNOT DELEGATE RIGHTS. Telegraph Companies May Use Bail-road Bail-road Property, but Not Lease It. WASHINGTON, Dec. 12. Tho case involving in-volving tho right of tho railway company com-pany to romovo the telegraph company's poles originated In New Jersey. Justice McKenna said tho lolegraph company contends that tho necessary Implication from the provisions of the act of lCfl pormlttlng telegraph companies to uso post roads is that telegraph companies may appropriate for their poles and lines a part of tho rlghts-or-way of railroads In Invlctum upon paying Just compensation. compensa-tion. In other words, that tho act Invests In-vests telegraph companies with tho right of eminent domain. Tho railroad company, com-pany, ho said, asserted that tho act gives tho consent of tho Government to telegraph tele-graph companies to construct lines through Its nubile domain and over and along Its military and post roadB which are not tho property of private corporations, corpora-tions, and across navlgablo streams of waters, but gives no right to approprlato private property and Is an exercise by Congress of the National power over Inter-state commerce to sccuro telegraph companies from "hostile Stato legislation legisla-tion or contracts violative of an announced an-nounced public policy." This point was decided adversely to tho Western Union, on the ground that "eminent "emi-nent domain can not bo delegated." and that "lessees can not exercise It." |