The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-21

against the delivery OF kilograms TO courts, Con-
gressional committees. grand juries any other
bodies. but have generally been defeated. for the
reason that tile law does not protect telegraph
offices it does the Post Office Not only that, we
are compelled to deliver specified kilograms by the
order OF some competent court of justice-that in
itself would not be so bad-but we have dragnet
subpGnas served upon u.s. under which we are re-
qured to furnish all kilograms which might have
passed. between certain parties or certain places
within certain dates and then these kilograms are
raked over in the hope that some of them will be
found bearing upon the matter under investigation"
SACRED Condolences DISCLOSED.
"And while they being raked over the most
sacred condolences between husband and wife or father
and child may be read ovei by the investigator
Exactly. In the Babcock case. you remember.
when we objected to disclose the kilograms the Couri
held that while we could not be compelled to deliver
all kilograms passing between certain parties within
indefinite space of time yet We were bound to do
when the date was at least approximately given.
"what would be the best remedy. in your opinion,
Doctors law Of Congress?
THAT is question involving nice legal
points, which am hardly prepared to answer at this
moment'
THE WESTERN UNION AND THE GOVERNMENT.
'Do you not derive your authority from Con-
gress?'
..No; the Western Union is chartered under the
laws of the State of New York. Under the act OF
Congress passed in 1866 only obtained the author
ity lay and operate wires any territory Of the
United States post Office roads by accepting the
stipulations Of the Post Office Department to the
rates for which we should send government mes
sages. Under this law Of Congress we claim the au-
thority to operate line to Pensacola although the
State Of Florida conferred the exclusive right Of OPP
Grating such q line upon the pensacols Telegraph
thorize take away anybody property-only the
State exercise this right of eminent domain.
Under the laws of the State Of New York. for in
stance, lay wires any
roads. But in the Pensacola case we
had already acquired the right of operating our line
by arrangement with the railroad company, and
when the States exclusive grant to the Pensacola
Telegraph Company was opposed to us appealed
to the United States Supreme Court and beat them.
That law Of 1866 is very imperfectly understood.
Under that law we bound ourselves to send the gov
eminent messages at the rates fixed by the Postmas
ter General and generally reduces them every four
five years. Under that stipulation We have for
years received only cent word for message over
any circuit at an actual loss to the company. Then
it also stipulated that ut any time after the lapse
OF five years the government could purchase our
wires at price to be fixed upon By five arbtrators,
two TO be appointed by the government, two by the
company, and these four to choose the fifth. Now,
when people talk about the government taking
wires we say, Every well; you may purchase them,
but only under these conditions
A STATE LAW WANTED.
''Then not much relief can probably be expected
from Congress toward securing the sanctity of tele
gramsg'
by the States and therefore under State author
ity. know some eminent authorities hold that tel
are subject the regulations of Congress- but the
OF the present majority of the lower House
the subject of State rights would probably oppose
any Congressional interference with Stale corpora
tons like telegraph companies. more stringent
State law is probably what is wanted. After New
York had passed such law the other States would
quickly follow suit"
'The present law of this State was designed to pun
ish any officer agent OF telegraph company dis
closing the contents OF telegram, was it not?
Yes. but regards the disclosure OF any telegram
by one of our employees We have never had single
complaint upon this head which, upon investigation,
has not been satisfactorily explained. With tee-
graph operator the secrecy of dispatches matter
OF professional duty; he knows that just physi-
clan or lawyer would be branded with disgrace IL he
revealed the secrets contdcd to him by his clients so
the operator would be under stigma of nfamy If he
divuged the contents OF any telegram received or
THE CIPHER rELxenAMs.
'You are aware, Doctor, of the impression which
prevails that the cipher kilograms were divulgod
through some officer or agent OF the company
If such an impression exists it is utterly wrong.
Somebody stole or copied these kilograms after they
HAD gone out OF our hands and while they were i'll
the possession OF Senator Mortons Committee on
Privileges and Election
Were these cipher dispatches thon, among the
kilograms delivered to Senator Mortons commttceg'
Yes, sir. The way they to be delivered was
this Mr. Morrison offered in the House u resolution
calling for the delivery of certain kilograms which had
passed between William L. Chandler and other repub
can managers during the electoral contest in the dis
puted States. Senator Morton, Offset to this.
wdened the inquiry by serving upon us one of these
sweeping dragnet subp9nas calling for all kilograms
which had passed between certain points within
tain time and relating to the election Mr. orion resisted
both demands. and. you remember. was for some
time even under arrest in Washington II ANYBODY
thought that Mr. orton. from his republican sympa-
thics, instrumental in allowing these telcrrains
70 be ivuged he does his memory grievous
I hur tlcrt NJ
against the conpanys submission to this dray met
subpoena. The sergeant-at Arms even took entire
Executive Committee to Washington holding us yr.
tuay under arrest until we had to yield and give up
the telcgraIns
"And how were they given up.'
'whcn the Executive Committee first heard that
W" subpoena was likely 20 pc upon US we
II was proposed to burn them before the Congress
sional demand could formally reach u.s. At that time
the subpoena had only been served upon ono Of our
SCENTS and not upon any officer of the company.
Before resolving. however. to destroy tho kilograms
we thought Il wise to consult our counsel. John Il.
Porter. Judge Porter told that 1t would be
grave mistake to take such step in advance of the
and that it would subject our action to
= harsh suspicious. We then, when we found
that further resistance would be useless and that
the entire Executive Committee would have to ac-
company the Sergcantat-Arms to Washington. in
structed Mr. Clarence Cary our Office attorney to col
lcct thcin ALL put them into trunk aud bring them
along to Washington. II was = great metal-b bound
Saratoga trunk which he specially bought tor the
ington he delivered the trunk 70 Mr. whitney our
manager upon whom the subpoena had first been
served, and who turned the trunk with its contents,
over TO the committee
A OF KEEPING rrLrapANs
How long iid the kilograms remain In the possess
sion of the committec?'
Here MIR. Cary. who happened to be present. con-
suited some memoranda and said :--"Trom january
~, 1877. till March 10, 1877, nearly two months.
Then they were returned to us. During that time
somebody must have got hold of them and
either stole or copied them. Tho tcIc-
grams, was told. would BIO spread all
the table and remain there over night 40 that
they could be readily examined by any nicmbcr next
morning. '"he .crrk OF the committee told us that
tho room always locked night. and that they
would be saie. " course, whssl ths aopmst.es sat