The New York herald., 1875-02-23
CABLE TELEGRAPH PRIVILEGES.

OIDLI IL III lLLuEp.
DISCUSSION IN THE CANADIAN PARLIAMENT AS
TO THE RIGHT OF PRE-EMPTIoN OF PRIV
LEGEs TO NEWFOUNDLAND FOR CABLE TELE-
GRAPH PGIyHEGEs-CoRREsPOND WITH
THE ENGLISH GOVERNMENT.
|. OTTAWA, ont, Feb. %, 1875.
The correspondence reialing to the termination
OF the telegraph cable arrangement Is printed.
The first document OF Importance Is a minute
OF the Council dated June t. 1874. accompany
ing the act passed last session rhe minute
sets forth that the bill reserved Is one OF
some importance. and may be possibly con-
sidered to prejudice interests and rights
of property OF Her Majesty's subjects, non.resi.
dent IN Canada. At the same time the minute
goes on to say that the advice to the Governor
General tnat the bill should be reserved was given
merely in Difference TO the language OF the royal
instructions and not from any conviction be-
lief that the bill in any way interferes WITH or IS
preJudicial to, the rights OF the Ango-Amerlcan
Company, or Of any other company with similar
objects or with similar rights. The minute ex-
presses the opinion that no company in existence
possesses rights and privileges In Canada which
be In any way affected by the reserved BILL
The next document requiring notice is another
minute OF the Council dated OCTOBER 2. 1874. deal.
ing principally with the alleged monopoly In con-
nectlon with the Prince Edward Island line, and
disposng OF any such claims. The minute
concludes as follOvs:-"There be
doubt but tnat the Parliament or Canada
luly considered the effect OF this bill.
! and that although 1t was urged behalf
OF the Anglo American Company that the interests
OF the proprietors would be seriously affected II
the company was obliged to give up It's occupa-
tion for cable purposes OF the shores OF canada,
which. by the provisions OF the bl. 1t can only re-
tain by consenting 10 give equivalent privileges
any other company in Newfoundland. lhe Parlia-
ment OF Canada considered this occupation
TO be only on sunerance and determinable
| at will; that such occupation appears to
have been taken ana used without any authority,
which would constitute right; but that such oc-
cupatlon can only be lawful and continue by COM
pliance with the terms OF the act aud on condition
that the company yield ike privilege 10 any
| other corporation IN Newioundland; that no
Company existed ia any part Of Canada
ana that the company could not lawfully
the sanction OF the Parliament OF Canada that It
| IS obvious that Parliament could not recognize
y sns 50 m woa
tnat, Dy virtue OF an act OF the Parliament ol New
csnaa tine ssneoa
its supreme authort,, privileges IN the
ee to p aen ion To- sne ocs
tnat wne the bill Is PLAINLY Within the powers
and Jnrisdlc ton or the Parliament vi Canada the
original grant by Newfoundland was declared
January, 1885, Tne Committee submit that 1T
WOu.0 he III direct conflic6 with he spirit Ol the
above despatch now to icterere with the Parla-
ment or Canada IN rne exercise OF IT'S constltu-
tonal right TO declare on wnat conditions alien
| any portion OF its territory"
James Anderson anu Mr.. Grant, Secretary OF tue
! Anglo-American Cable Company, arguing In favor
Of tnar company's pretensions
LORD CarnarvOn, on the 29tn of October, replied
as ioil0ws:-
The subject to which this bill relates is in opinion
those with which the dominion Legislature
Oeen under the ninety and ninety secuons
me- TO o ~
ana Para@ens 10 ssssss n Without aSS
ne Dar' q The
S aS & in Of ws sau
guarfel Or me reat Of me dominion with other
made ma to me on bota the reserved bi asc:
s s q
the Legsature Of the Dominion Looking to the large
sSs s tn hs n
canada hold real and personal property and are in
j
dian Ississt!oa ' on local question: s anscis or
% . q
might be reduced within very limits II is to
ore
pc the
sucn legislation withou: icurring OF those
sIsnority .,,..,. ..,. :.
your reserving iii, Of the opinion
that any urther Of the subject should be
a to Deal aeS and that
'as
whether IN favor OF or against the policy embodied IN
In order to enable this to be done have decided to
vice to Her Majesty respecting it. CARNARvON.
On the 10th OF November Lord Carnarvon sends
audi nrfF thar hrtnf
one he had transmitted to the Governor OF Ne W.
fonndand, winch closes the correspondence:
EARL OF cARNARvoN TO GOVERNOR SIR HILL.
s.H-I enclose your Information aud for eommun-
have aadrss.ea e shs sSqSssneS General d csnsda
ss s MastSaa Sssasa sIss! : mater
S
upon TO be hereafter agreed aoon with the local
soysnment andsrSxe he PurSnase claimed by the
lssi acSrpora!ias the New York. Sswiosnaand and
OF
s &
order that II thought ssirsps irs.n oM may be in
say or y decide a. the
,aSe any steps to srm.e tas monopoly under the pro-
iss the e Hen se o. oiI .um Of
PAYABLE either Sy arranssmsns award isr inat
ihsy could pIcpsfy invite Parliament ts eoniroute
ing legal opinions which you spa ch.
have thou ht desirable in the interests Of gov
ernmcnt consult the law officers Crown as
to the subject matter comprised within the power
to purchase conferred the New .oundand govern.
ment bv section Ii OF the above referred that
70 say whether the government could claim to buy
the whole Interest of the company actual ap
praised value Of the telegraph lines wires, cables, ap
Laratl, vessels and ali other appliances
neeted Herewith. or whether any further claim
could be BY the company compen-
sauon loss OF monopoly, which would
be terminated BY such purchase any other right
interest conveyed by the And fur her, to the
course which might be advisable that the governmen
OF Newfoundland should take with to determine
its power to purchase am accordingly advised that
the expressions other pronerty and AL other prop
connected herewith used in the nftecnh section
The OF 1854. were intended TO comprise merely
property the nature the property mentioned
In parts OF the section mmeda ely preceding those ex
amount awarded the value OF the telegraphc lines,
wires &c under the provisions OF the abovemenone
section the undertaking OF the telegraph company will
become vested in Her Majesty and that the telegraph
company Will not be able to Insist upon arbitrators
umpire awarding an amonnt OF ton for the