Show WESTERN UNION VICTORY SEEMS TO TOBE BE COMPLETE Decision of Judge Thayer Gives Perpetual Right of Way Yay Along the Great Northern ST. ST PAUL Xo Nov In In the decision decson handed down yc yesterday b by Judge Thayer Thay Thay- er of ot the United States Circuit Court of of Appeals in which th the Great Northern North North- cm ern was waa worsted In its suit to oust OUt the thu Western i Union Tele Telegraph raph company from the railroads railroad's right of oC wa way the decision holds that the contention of oC the Great Northern Hallway Hailway company In this Instance meant little less than thai con confiscation 11 cat ion The Circuit Court of oC Appeals also furth further further fur fur- th ther r holds that the contract which the tel telegraph company has with the Great Creat Northern was wa and Is for perpetual right of oC wa way and not t to be disrupted but It ItIs j Is 18 allowed that the railway company compan Is entitled to the cost of oC transporting an any and all nil material which the telegraph company uses In the construction of oC Its Ita lines The litigation Involved miles of lines built prior to to 1892 and now valued at The lines arc are on the st Paul Minneapolis Manitoba rORI road built prior to 1892 1692 and decided by the court to be held Jointly b by the telegraph and railway companies The Th court adds that should the two companies In dispute dispute dispute dis dis- fall fan to agree as asto to the amount of compensation for fOI transporting construction con con- materials the co coUrt rt will ap appoint appoint ap- ap point a a. master In chancery and two commissioners to take testimony and arid andreport andreport report and the court will then pR pass S on the thc matter matter- Judge Thayer wrote the decision and Judge Caldwell CaIdwell concurred Jud Judge c San San- borne dissented The fhe decision Is regarded regarded re re- re- re n as ner v very er ry Important In view of the litigation of or n. n somewhat similar character now pending In the East |