The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-30
A BILL FOR The INCREASE OF Lines.
Abrogation Of the Fisheries
Treaty Urged.
NEW YORK APPOINTMENTS.
The Senate Awaiting Secretary
Shernan's Rejoinder.
FROM OUR SPECIAL CORRESPONDENT.

WASHINGTON. Jan. 10. 1872
THE INCREASE OF TELEGRAPH LINEs-BILL OF
SENATOR JONES TO ENABLE RAILROADS TO
CONSTRUCT, MAINTAIN AND OPERATE LINES OF
THEIR OWN.
The facts developed in the Potter Committee con-
corning the secret withdrawal of political dispatches
by Mr. Orton at the time President of the Western
Union Company and the stealing Of the cipher de-
spatchcs and their possession by Mr.. Brady. Second
Assistant Postmaster General, come in time TO DO
used as arguments in favor of bill which will in
few days be reported from the Senate Committee on
Railroads, unless an attempt to, recommit tho
whole subject should prevail. Such motion will.
however pass without debate. which is all that
the friends of the bill desire at this session. The OBJ
jcct of the bl is to authorize railroad companies in
Ill the States to construct and work telegraph lines
along their roads and to enter into business arrange
ments with other roads in working their telegraph
lines and the purpose is to clear the way for OPP
position to the Western Union Company by an act of
Congress which would, under a decision Of the
Supreme Court, rendered last year in the Pensacola
Telegraph Company's case override special State
charters. The proposed bill provides that
Any railroad company now organized. or which
may hereafter be organized under tho laws of any
State. owning or operating any railroad shall have
the right construct maintain and operate lines of
telegraph and along it's own road. for its own
and also the public charging therefor reasonable
and customary rates. and to connect and use the
same in connection with any other limo or lines Of
telegraph, to form continuous line for tho trans
mission of intelligence, under such rules and agree
ments as it may make for that purpose, subject,
however, to the conditions and liabilities imposed
upon telegraph companies by title 65 of the Revised
Statutes.
SEC. 2. 1t shall not be lawful for any telegraph
company to construct maintain or operate line Of
telegraph and along any railroad, except under
grant from the railroad company owning or oper-
ating the or by virtue of an appropriation
therefor under the laws of the State having jursdc
ton thereof, and no right acquired by any tele-
graph company shall be construed to exclude the
right Of any other telegraph company to acquire
similar right by the same means or to deprive the
railroad company of its right under the first section
of this to construct, maintain and operate its
own telegraph line.
The State of Florida incorporated the Pensacola
Telegraph Company, giving it the sole and exclusive
right of establishing and mantaining lines Of electric
telegraph in the counties of Escanambia and Santa
Rosa and Of connecting with lines coming into said
counties from other points in Florida any other
State. The Western Union Company had obtained
rights also in Florida. under which they proceeded
. to lay telegraph limo the ground assigned
to the Pensacola Company in its charter,
and on this suit brought, which
carried into the United States Supreme Court. This
decided last year ip favor of the Western Union
Company on the ground that the State law granting
exclusive rights to the Pensacola Company in
conflict with Congressional legislation but. further
and more important, it held that the regulation Of
telegraph companies belongs to Congress- to the
clusion Of the Staes the ground that telegraph
company is corporation engaged in interstate COM
mcrce, which, under the constitution Congress
alone has the power to regulate
Senator Jones, the author Of the bill above given,
ia understood to hold that the decision Of the su.
preme Court being final ought to be embodied in q
law and that the Court holds that Congress alone
has the power to regulate and control telegraph
lines Congress ought to give by law all the rights
which any citizen could ask In fact, 1t ought to
able everybody who wishes to run telegraph line
over his property and to connect with
any other line with which he mako
such q business arrangement, local regulations to
the contrary notwithstanding. If State charters, as
the Supreme Court has declared, can confer
elusive privileges, then Congress- he holds, should
guarantee the general right by law. and this bill in
fact under tho power to regulate interstate CON-
mcrce. aims to all restrictions to the free
right 70 erect, maintain and operate telegraph lines
such restrictions consisting of State charters and
legislation. which, it is held under the decision of
the Supreme Court, are void where they contravcne
the general right.
SENATOR cHRIsTIASCY AS MINISTER TO PERU
ZACH CHANDLER ONCE MORE IN THE SENATE.
Senator Christiancy, who has been appointed Min
lister to Peru and will resign his scnstorship goes
abroad on account of confirmed ill-health. which
makes warmer climate necessary. He desired to
be made Minister to Mexico in 1877, but Senator
Morton would not consent to the recall of Mr. Fos-
ter. and 1t has been understood since then that
whenever he found it necessary to leave the Senate
he should have the first vacant mission that suited
his health and wishes His resignation returns cx-
Secretary Chandler to the Senate where he will be
welcomed by both parties. for though he is poll
tician with few scrupes no is generally and Justly
liked man of courage and energy.