The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-17
Law OF POSTAL ROUTES And POST ROADS.
Authority Of Congress Under
the Constitution.
THE ONLY WAY TO COMPETITION.
How to Cheaper Intelligence and
Control It's Diffusion.
WASHINGTON. Feb. l6. 1879.

Yesterday for the consideration of the railroad bill
known the Jones bill General Butler spoke in favor
of the at length. The following is the text
of tho argument delivered:-
desire to bring before the committee con-
sideratons which impel me. as member Of The
House proposing correlative legislation, and also
want to answer some OF the points argued in this
By the plaintiffs counsel and the plaintiff him.
self especially thut mob ody this legislation. by
showing mammoth petitions from twenty-eight
States and three Territories. all asking for the relief
the bill socks to give think those petitions suf-
fcicnt answer to that proposition.
Mr.. Lowrey-I want to call upon this committee
to allow General Butler to overwhem 1t with tho
petition Of 5000 people which he has upon another
subject
Mr.. Mitchell said that. in compliance with the In
structions of the committee, he had yesterday tele
graphed Mr.. Snonton. chief of the Associated Press
in New York, chat the committee would be glad to
hear what he had to say in regard to this subject,
THE ATLANTIC AND PACIFIC COMPANY.
Mr.. Butler procecded-Mr. Chairman and gentle
men of the committee, before como to the merits
of this case l want to add one or two words about
the proposition that nobody wants this legislation
except Mr. Reiff and General Butler. who de-
fcatcd in Of some sort which he had with tho
Western Union Telegraph Company. That
suit in which the Atlantic and Pacific Telegraph Com
pany was the defendant. Tho Western Union had
brought suit to determine its right to do certain
thing. aud the question was arsned at great
this way II the Atlantic and pncihc stiii
sustained then other agents would test their
title. II the Western Union title was sustained then
that title antagonistic to what everybodys title
was. The Atlantic and Pacific Telegraph Company,
sold ont In some form or by some manner Of COM
binution in some way got together with the Western
Union Telegraph Company and supposed there
never would be on opinion given after that, but
found that an opinion had boon given year after
ward fortunately for the Western Union. Circum-
stances sometimes fortunately affect favored and
great corporations. An opinion was given. at any
rate, that gave them the right to exclude everybody
else. I have had feeling about it, for it was
entirely an outside matter, In which was merely
counsel
Pfrrr1oNING FOR POSTAL TELEGRAPH.
But there is better answer than that in tho petit
tons from twentyeght States and three Territories.
Containing many thousands OF names, which bundles
OF petitions in 1875 referred to the Judiciary
Committee of the House of Representatives, of which
had the honor ut that time to be chairman. That
was IN February. On the 4th of February, after an
exhaustive hearing all Sides the Judiciary Com
mittec came to determination, OF which have here
o report. have counted tho signatures to these
petitions; they were from twenty eight States and
three Territories. and urged that the government
should build postal telegraph. That answers the
The great questions which were before our commit
tee were two. First, the queyton Of power In Con-
defence Of the Western Union Company was that tho
Post Office Department sort of an institution
to convey small packages by express upon certain
tsrsss. Tho contention against that was that the
Post Office Department national institution for
distributing intelligence through the country there
fore tho whole matter within the power OF Con-
grcss On that report was made. in which, after re-
citing the fact that there had been great changes. the
report won't on to say
who framed i aSa with the 6Sest as an entirety
people with and tho of
people and Officers q the Intelligence necessary to be
At the s % ss q
restriction hndrnnco TO it's exercise allowed
sa Should so forssn n"sioa: and tho
fathers also could only deal in making tho general
grant Of power with snch known OF
Of 2; were then in pss and
fees and meaning thereby "a" the Of
the people which then known could 30 used Nobody
has over coatendod for strict Limitation OF this
would NOT aIiow. the sstaSIishrnent of post roads
camel. the Country see"".c road in i. strict
q either and q. ss q s,.s-
the early days snch contemporaneous construction of
new mode o. Communicating sprang up the
railroad which not in the OF the Trainers
ing railroads post roads 1t done intel
gcncc began 20 pass over thcm.
short session prevented any action upon that
port in the House. 1t to no final action In Con-
gress from some other CAUSE
TIE PENSACOLA
In the meantime tho OF the Pensacola Telegraph
Company against the Western Union Telegraph Com
pany came up and was decided in the term beginning
October 1877. The Court did the COMMITTEES on the
Judiciary In that the honor to incorporate the
language OF this report in the law. That decision do
cides most of the three days argument to which
have listened in very few words.
The powers thus granted confined tho instru-
mcnsatcs Of or the postal service known or in
with the progress of the country and adapt thesovcs to
s sSS ro" lie -. ride" q the
from the sailing vessel ~ the stes%bos from the
the telegraph these sgcncie. successfully
aronsn, into sso to Ss' she q I p"puS
Of business which they relate all times and under
for the good Of the nation not only the
s 1 ss sS . ss r.. NJ sic
obsrncsed unnecessarily cncunbercd by State cgs
laton
Sc: | had NJ. sf!sS as
prchbiticn Of al State monopocs In this particular
the scovsnisns .r.n.%i.::n n,.isesee place
s 81 q s and ~
ncrfcrenee is be ircc all who win sub
H% sI
and cssr. sossss rs. . not Be g.
within rs Jur,.dIcsion. IL they accept tho. terms
pves So 70 ss.a iSF ss
statute j. legitimate regulation o. comme,e,.! inter.
carry powers Congress tho postal
apcn private property without the consent sss owner
and crses ,s structures for rs business but
,sned state egssson shall prevent tho occupation OF
are willing to avail locomotives OF its privileges.
rowER CORRUPTION.
There is another matter brought before us. and
that was tho iinpossieiity to contend against tho
power Of the Western Union Telegraph Company in
different States. because Of their immense power Of
corruption of Legislatures. Now that is pretty harsh
and cannot bear TO use harsh words, but am here
to speak the facts. In another report / mud an ex
tract to Justify that From the published reports Of
Mr.. William orion upon this subject will bo
how difficult IL will be to unscat this monopoly from
its throne.
The franks issue government officials constitute
wires Of tho Western Union Company extend into or
,S Ss an" an" four ~ tue
provinces In all Of thcn property css sub
jcc the action Of the national stsio and municipal
thorcs, and the udicous OF franks
among thcn has boon tho Of saving the
psny times the money value Of the FREQ service
formed.
We thought that such power could only bo dealt
with by Congress-, and wcrc even little afraid
Of the frsnking privilege in Congress. admit that
the Western Union Telegraph Company is not tho
only corruptors Of public morals, but It Is ono OF
the most powerful Of those that have the power of
corrupting. and IL is of tho reasons why IL is
great corporation.
Now passing from that only say that IL Is impos-
sible to do anything with this monopoly. without
the legislation Of Congress wc could not weaken IL.
Now having the complete power call upon you TO
make strong pili-onc that will fully protect the
peools from crushing monopolv--to fulhl the duty