The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1848-09-22
Atlantic, Lake and Mississippi Telegraph.
To the people of the Union.


private enterprise, is so essentially connected
with the interests of the whole community,
that recent circumstances may justify brief
address to the people Of the Union, from one
of their fellow citizens, who constructed some
of the earliest sections of Telegraph ever erect
ed bv individual exertion, aud who has organ
lied an extent of Telegraphic Lines great
er than has been constructed by any and
all other persons or companies In the United
States.
The Legislature of Kentucky, with the pur-
pose of re pressing monopoly and encouraging
salutary competition in Telegraping, passed a
law last winter chartering the subscriber and
his associates for constructing the Peoples
Line of Telegraph" between Louisville and n.
Orleans. For the purpose of enforcing more
efIectually, this anli-monopoly doctrine, the
Kentucky Legislature also made decree SUBJ
stantially resembling the previous resolution
of Tennessee, concerning the ties of Telegraph
age which should be charged within the respec-
tive States-whiCh provisions were IN The fol-
lowing words:
BE it enacted, (by the Legislature of Ten
"nessee,) That the act TO incorporate the New
"Orleans and Ohio Telegraph company; pass
led OH the 18th of October. 1917, shall be So
.'amended that said company shall not charge
s'higher rates in proportion TO distances, than
care now charged on the Telegraph Lines from
'Philade phia to ST. Louis, constructed by Hen
"y REILLY"
''Be il further enacted, (by the Legislature
"of kentucky,) That the rates of charging for
"Telegraphing on the lines of the two Compa-
"nies hereby incorporated, namely, the compa-
.nies offs. b. +. Morse and his associates, and of
"Henry O'Rielly and his associates, ahall not
exceed the rates charged by the Wstern O Ri
i-h Lot lv
average of less than half the rates charged
Oh the sea- board Lines of Morse, Smith
and Kendall, between Boston aud Washing
ton.
In accordance with the Charter OF lncorpora-
ton, and with the encouraging expressions
from other States, the subscriber and his as
sociates have nearly completed the whole line
of Telegraph bet ween Louisville and New Or
leans-the posts being all erected On the
direct route, with a branch line TO Mem
phis-making a total of nearly a thou
sand miles, OF which about three-fourths are
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, as well
as in Kentucky.
The portion of the Line between Louisville
and Nashville has been in operation for sever
sections Of the Line, has been used the new
COLUMBIAN Telegra ph, invented by Zook &
Bames-wilh confident belief that such use
was no infringement of the rights rs. F. b.
Morse or any other person-an opinion
strengthened by the testimony of men emin.
ent in law and science.
The District Judge (Nlonroe) has decided
differently, however; and has ordered an in
junction against The further use OF that instru-
ment on the Line through neutrality-suspicious.
ing in court, among other things, that "this is
one of the cases in which competition cannot
be allowed. The undersigned and his asso
ciates never intended any violation OF private
right; and readily lay aside this instrument in
obedience TO the mandate Of the Judge-substi
tuting for il, in Kentucky, other means Of
telegra phing devised BY American ingenuity.
But, while thus yielding obedience 10 the Or
der of the District Judge, il is proper to say
that the correctness Of that order will be tested
not only before the Circuit Court next month,
but also in the Supreme Court Of the United
States.
Ii is due to the Public to state that, although
the name of Mr.. AmOs Kendall does not
appear prominently in this Judicial examina-
ton, yet he is one of the persons most largely
interested in RI pressing competitor anC demand
ing the mono poly. Mr.. Kendall is the chief
Controller OF Morse's Patent. In his letter TO
me on The 18th of August 1915, replying TO my
request for copies of Morse's Patents. to satisfy
the inquiries OF my associates respecting The
nature and validity of those documents, Mr..
Kendall replied
G-s-''lt is not in my popcr here 10 furnish
"copies of the papers you request; but pledge
myself to satisfy amy company you may form
''as TO the validity of the Patent, &c, before
commence operations. There is second
"Patent, not yet published, in consequence of
Professor Morse's views in Europe. which is
embraced in his conveyances, Os-IS VITAL
ITO THE WHOLE CONCERN,-sQ and has
upwards of thirteen years to run. Even when
''the Patents expire, OUR COMPANIES
"(should not the Telegraph become public
property HAVING POSSESSION OF THE
"LINES, can O~s-READlLY KEEP OFF
GALL COMPETITION"
Aware of the progress of Telegra phic inyen-
tions in Europe, Professor Morsh, at the time
of his successful experiment in 1897, earn
estly inquiries of the Commissioner if he "can
enter a caveat against the Patenting OF any
Telegraph, which shall be formed for commu-
nicating intelligence by means of Electro
| Magnetism, or Voltaic electricity, or common
electricity" And subsequent Patent Com
missioner (Mr. Burke) is forced TO admit tina,
'his Morse claim may be TOO general TO
''stand the test in court of law"
The facts developed in the late investigation
at Frankfort show that Morse's Patents, even
if not judioially declared by future investiga-
tons TO be utterly fraudulent, will be shorten
ed one-third in their duration--expiring in
four years, instead of six.
Indeed, from the first insdious schemes for
Governmental patronage, (wEen the log rolling
bargain was secretly struck between Mr. Morse
and F. o. J. Smith, then chairman of Con