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Show oo POSTAL' HAS WON RIGHT OF WAY (Special to Standard.) Los Angeles, Cal,, June 17. Tn the dispute between tho Postal Telegraph Cable company and the Western Union Telegraph company regarding the former's for-mer's right to condemn a right-'of-way on the lines on the Southern Pacific railroad In California, the Postal company com-pany has Just won a victory In the highest court to which tho caBe was' taken The decision in effect discourages the maintenance of a monopoly in the telegraph, as In other Industries and It Is believed will have an Important Itoarlng on similar condemnation proceedings pro-ceedings which are under way In other oth-er partB of the country. In upholding the proceedings of tho Postal company, the district court of appeals of the state of California, said: "The trend of modern legislation, both national and state, has boon to discourage and indeed to destroy monopolies mon-opolies of every kind and description. descrip-tion. "The policy of our government If it has not always been, Is certainly now to encourage and promote free and unhampered un-hampered competition In all classes of business and In the sale' of all sorts of commodities particularly the necessaries neces-saries of 11 to. "To this end there has been added to our statutes, federal and Btate. a variety of wholesome laws whose aim Is to prevent or destroy and punish what has been colloquially, but In many Instances Justlv, chnrartrrl7ed as predatory trusts and combinations, In other words monopolies which could control tho markets of their lines of activity and thus Impose upon tho consumers tho most outrageous and oven unbearable burdens. "At this deplorable condition, wo say, modern legislation, sustained by a powerful and unmistakable common sentiment, has aimed Its well charged batteries." The contest In question arose over terrltorv between Sacramento and Rosevlllo, California, a distance of about eighteen miles where the Postal Post-al company had for more than t,wenty years Its telegraph line on the Southern South-ern Pnclfic right-of-way. In reconstructing recon-structing It. the Postal wished to shift the line to tho other side of tho road The railroad was willing, but the Western Union objected According to officials of the Postal compnnv, the railroads of the country wish the Postal to construct telegraph lines, oven whero Western Union linos are already Installed The roads could thus uso Postal lines when storms, sleet or Bnow enrry down tho rival linos. It Is maintained thnt Uio Western Union forbids such construction on tho ground thnt there Is a provision In its contracts with the railroads that they shall not permit tho entrance of rlal telegraph companies Postal officials say that tho highest courts of tho country have pronounced the provision Illegal, therefore, when tho Postal has to condemn Its rlght-of-wav on railroad lines, tho latter are friendly defendants, while tho Western West-ern Union has Its own lawyers j.o conduct con-duct the defense for the roads. |