24 - FEDERAL REPORTER.
the defendants own and control lines of telegraph in and between the
principal cities of the United States, and especially in the city of
Chicago; that defendants have placed in complainant’s office certain
telegraph instruments and tickers connected with their main wires,
whereby reports of the market prices of grain, provisions, stocks, etc.,
on the Chicago board of trade, and in other cities and markets, are,
from time to time, transmitted to complainant’s said oiiice, for which
complainant has paid and is still willing to pay the customary and
reasonable rates; that defendants have, without any right to do so, _
given notice of their intention to sever the connection of their wires
with the tickers and instruments in complainant’s oiiice, and will do
so unless restrained by order of this court, whereby complainant
would suffer irreparable damage in its business. `
On filing this bill in the state court an ex parte injunction, accord-
ing to the prayer of the bill, was issued, which defendants here move
to dissolve. Aflidavits filed in support of the motion show that for
some time prior to the first of May last the board of trade of this city
had permitted the agents and employes of defendants to attend its
daily sessions, and collect and transmit reports of prices and other
information of interest to persons dealing in or desiring to deal in
. such commodities as are usually dealt in on the board of trade, and
that, while defendants were so conducting such business of collecting
and transmitting market reports, the tickers and instruments in ques-
tion were placed in the office now occupied by complainant, but long
before complainant occupied such office or was engaged in business
there. When the instruments and tickers were placed there, one
White occupied said office and did business there; that White left
p the office and one Martin became the occupant thereof, and that, un-
der some agreement or arrangement, Martin has ceased to do busi-
ness, and complainant claims to be his successor in business, and to
succeed to all the rights enjoyed by the previous occupants of the
omce; that since the first of May last the reporters and agents of the
defendants have been excluded from the board of trade, and the mar-
ket reports and prices on the board are now collected and compiled
solely by the agents of the board, by whom they are transmitted to
defendant, with directions to transmit such reports to such persons,
and only such persons, as are designated by the board of trade; and
that, in pursuance of such new arrangement, the telegraph company
‘ claims not to own the intelligence which is collected upon the board
of trade, and submits that the same belongs to the board for dissem-
ination as the board shall direct.
The board of trade of this city is a mere association of persons
for their own convenience, who deal mainly as brokers and commis-
sion merchants in grain and the other products of the country seek-
ing a market at Chicago. Their franchise as a corporation allows
them to hold a limited amount of property, and to prescribe rules
and by-laws for the government of the members and the transaction