The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-09
THE GREAT TELEGRAPHIC WAR.
~~0~eO~.,.,,yse>~e~~>~<>--
Who Controls the lightning Lines?

Who Controls the lightning Lines?
IMPORTANT TO THE PUBLIC.
ATLANTIC, LAKE, AND MISSISSIPPI TEI.EGRAPH-To
THE PEOPLE OF THE UNION.
Inc telegraph system though conducted by private
enterprise Is so essentially connected with the inter
ests Of the whole community, that recent circum.
stances may justify brief address to the people Of the
Union, rom one of their fellow citizens, who con-
structed some of the earliest sections Of Telegraph
erected by individual exerton. and who has orga
an extent of Telegraphc Lines greater than has been
constructed by any and all other persons companies
in the U nited States.
The Legislature of Kentucky with the purpose
pressing monopoly and encouraging sslutary oompeti-
ton in passed law last winter charter
ing the subscriber and his associates for
the Peoples Line of Telegraph" between Louisville
and New Orleans For the purpose of enforci ug more
eectualiy this antimonopoly doctrine the Kentucky
Legislature also made decree substa ntisly m
bling the previous resolution of
the rates Of Teegr aphage which should be charged
within the respective States-which provisions were in
the following words
"Be IL enacted, (by the Legislature OF Tennessee,)
That the act to incorporate the New Orleans and
Ohio Telegraph Company passed on the 18th Of o.
shall not charge higher rates in proportion to dis
tanoes. than are low charged on the Telegraph
Lines from Philadelphia to St Louis, constructed by
"Hepry O'Reilly."
"Be il further enacted (by the Legislature of Ken
"tucky1 That the rates OF charging for Tesgraphng
ated namely. the companies of 5. + b. Morse and
his associates and of Henry OReily and his associ-
safes. she'll not exceed the rates charged by the
" Western O'Reily Lines"-(which latter Lines only
charged Of less than half the rates charged
ON the sesborad Lines of Morse, Smith Kendall be-
tween Boston and Washington
accordance with the charter of ncorpora
with the encouraging expires ons of other States the
subscriber and his associates have nearly completed
the whole line of Telegraph between Louisville and
New Orleanstbe posts being all erected the direct
route with branch line to Memphis making total
fourths already in working order and the balance
Is nearly wired for immediate operation. The Line is
working at sundry points in Tennessee, Alabama,
Mississippi, and Louisiana. we'll as In Kentucky.
The portion Of the line between Louisville and n ash
Vile has been in operation for several months; and
1t, and well as ON all other sections of the Line has
been used the new columbia Telegraph" invented by
Zook Barnes-with a confident belief that such
was no infringement Oft rights Of s F: B. Morse
any other person-an opinion strengthened by the
testimony Of men eminent in law and science.
The District Judge (NoNRoE) has decided differently
however, and has ordered injunction aga inst the
further use of that instrument the line through
Kentucky; declaring in court among other things that
this is one of the cases in which competition cannot
be allowed" The undersigne and his associates
intended any violation Of private right aud readily lay
aside this instrument in obedience to the udate of
the MISUNDERSTANDING for it, in Kentucky. other
means of telegrsphiDg devised by American ingenuity
But while thus yielding obedience to the order of the
District Judge proper say that the
OF that order will be tested not only before the Circuit
Court next month"; but also in the Supreme Court of
the United States.
name Of Mr. Amos Kendall does not appear promine Mt
iy in this judicial examination, yet he Is one Of the
persons most largely in repressiog Compel
the chief controller Of Morse's Patent his letter to
me the 18th of August 1S45 replying to request
for copies of Morses Patents to satisfy the Of
my associates respecting the nature and validity Of
thoee documents Mr.. Kendall replied
1t is not in my power here to furnish copies of the
"papers you request; but pledge myself to satisfy
"sny company you may form to the validity Of the
"Pstent SC. before they commence operations There
Re had tn
of Professor Morse's views in Europe which is en-
" braoed in his conveyances is vital to the whole
"Even when the Pateuts expire, our companies
"(should not the Telegraph become public property
shaving possession of the lines, can readily keep of
Aware OF the progress Of Telegraphic inventions in
Europe Professor Morse at the time of his successful
experime nt' in 1887 earnestly enquiries of the Com
missioner If he can erter cavsat against the Patent
ing of any Telegraph which shall be formed for com.
amunicatiDg Intelligent oymeans of Electro. gnet-
at :. electricity or common electricity And
Co admit that his Norses claim may be too general
"to stand the test in a court of law
Although the pate ntees of Morse's Telegraph craved
public patronage originally under solemn pledges that
their Lines should be open alike to all persons'-
the first come to be first served" without regard to
"eex, wealth ststion'-their monopoising policy Is
sufficiently exemplifed in the depunciations uttered
by Morse, Smith and Kendall in in lS46,
and substantially reiterated by FOL Smith when de-
clarng, in 1847 that the Boston and New York Line
controlled by the Patentees will not hereafter receive
messages from, and for any line of Telegraph net
established under the Letters Patent of Samuel f. b.
Morse" which denuncistory resolution carried
out to quote their language by giving orders of
nonntercourse with the OReily Lines west of Phila
The fact developed in the late investigation at
Frankfort show that Morses Patents even not judi
caly declared by future Investigations to be utterly
fraudulent will be shortened nethird in their dura-
ton expiring in four years. instead Of six.
Indeed from the first insdious schemes for govern
mental patronage when the log rolling bargain was
secretly struck between Mr. Morse and f. o. ] Smith,
then chairman of congressional committee which dis
interestsdly rscomme nded liberal appropriations)
down to recent operations along with Mr.. Amos Ken
dali for bosterng their monopoly by peculiar legisa
ton in Congress and sundry State Legisatures-the
controllers of Morse's patent have pursued course
unparalleled in the history Of any project in art or
science.
graph have been examined by eminent counsel suff-
GENTLY to show that the patents illegally issued
though the undersigned has never pleaded, and will
plead the frauduence of the patent excuse
for avoiding the faithful fuflme of contracts sde
under railways willing to pay the share Of stock re-
qursd for the of Morses plan wherever it is used
to extor double price under alleged forfeiture Of the
contract which they repudatedresol ved that faith
lessness the part Of Others shall not to
swerve from carrying out our agreements with that
honor ndeood faith which should form the bases of the
telegrapbic system.
All the lines constructed and organized under my
arrangements west of Buffalo aud Pittsburg, were con-
structed under the public declaration embodied In
contracts with stockholders and In my memorials TO
sundry legislatures to the following effect =" That
the public generally shall have ample guarantee for
the best modes of teegraphing which American inge-
nuty has yet devised the right to three different
systems has been secured by me-to the end that nc
delay difficulty need ever occur from relying ex
elusively on any one mode Of teegraphing upon the
lines constructed through my agency
Influenced by these views and arrangements, the
public may rest assured Of early completion Of the
remaining link Of the line between Louisville and Ne
Orleans and that by some Of the various telegraph
systems devised by ingenious Americans the whole
line will be kept Ia steady operation Whatever sys
TEN or systems may be adopted all that Is asked
che public Is q fair trial and II will speedily be seer
whether tho thousand miles Of telegraph south Of Louis
Vile are undeservipf Of q share Of that conhdenc,
~set lines constructed by the subscriber northwart
the ohio between the Atlantic, the Lakes, snt
the Mississippi. ,,...
10 ouisyie to celebrate the double victory achieved
axar he Steamboat MonopoY