New-York tribune., 1880-01-11
IyVI01ABTLITY OF TELEGBAMs.

BILL PREPARED BY The WESTERN CNloN'
THE COMPANY ABOUT TO ASK CONGRESS TO DE-
CLARE THE sASCIIITY OF TELEGRAPHiC Dis
pATCHEsAPRINCIPLE on WHICH THE fho-
POSED BILL REsTs-JUDGE CoOLEfs OflNloN'
TO the Editor Of The Tribune.
SIR: Herewith is a copy of bill TO pre-
serve teieerams from unreasonable search anu soi@
and from production In court etc. IN nRe lnHi'"o'
letters IN the mails which the western Union leiesi"p
| Company Is about AJAX To have introduced III INC
United states Senate by Senator salisbury the
Of the Committee on Privileges and Elections TINS CON-
paay having recently had 20 produce aftera coho'e9
and under protest certain telegrams before 'ha' co
mittec IN obedience its subpoena. We hope IL may W.
found by YOU be OF sufficient consequence Ior pupo
| tion with such comment as may be proper We t"n"
the subject one Of the greatest Importance ana oI c
widest Uublic interests The bill Will we are sure DC
supported NV public sentiment. II has ample Iouu"
ton IN law las seen from the language Of Judge Cooley
hereinafter quoted and be very vel cohsldereu -
merely declarato1y Of what already exists AS constr
| tutiona right.
The proposed bill viii he as follows:
bill for an Act IN relation 10 TeleorGphic Commnn'ed-
re Wcnoc,ed bv the Senate and House OF Representa-
uycs OF The Unlied states Of American Congress assem-
| bled. - ,,,rord for
transmission 10 any Telegraph company aFaiiluE lsv
of TIE provisions OF Titc -. OF The Revised an"
copies thereof made by such company a. t1' c',,r
destuaton.o or at intermediate point sAa ue &c i'
| IN he prlV
messages. aud shall he protected rom % ~,
rcarcn aud aud from production ~ tNilo.oc ~
individual and legislative proceeding to the same eA-
! tent as letters sent by the Uniied states MAI
Title o. of the Revised Statutes Of thc United states
referred hc orc-ous isthe Act Of Congress o 'u9
! a. 1866. cyingto telegraph companies "hcA "e'eP'
the conditions OF the same tie "Ticnt 10 construct MANI
tain aud operate lines Of telegraph through ana over
any portion Of tie pabnc domain Of the United STATES
over and along any of ae military or post roaiS o IHe
! limited states, etc. etc, etc.
The object o this company In seeking 10 promote 'ne
legislation mere indicated simply o. secure for t' TEL
ecraphc business Of the pubic the same sauctly az
now enjoyed by letters I'm the mai.s The COMPANY as
yl be apparent, has interest other than tH-i com
mon 70 very citizen OF the United states, in this r.
slt since the present practice OF the courts ana eea
tive committee in requiring the production ana ua''S
! ure Of teccrams under subpoena Goes not WORK any
hardship 10 IL beyond such iuconyru'nccs as may pe
involved i'm compliance with the SUBJ Gua. But the dD
ne has the gravrst interest in the proposed csdi1h
and il on behalf Of the public shat ~e appeal for the
relief afforded hill There is hardly citizen OF the
,ouury whose business IN lie requires the use oi the
telegraph, but who may lie exposed nj any moment 10
gross hardship in the pr0ducuon IN cdlence 10 drag
net or sweeping subqnnAs OF his business anu socia
elegrams and this whether the same are OF the most
iehcae aud sacred character and whether they are ret
evant or not.
The telegraph Is now used by the public IN manner
analogous the mails, and elegram- should on every
ground be entitled TO the same immunity from unFca-
onabe search and SEIZURE" and from demands for their
| production in court now exists In favor
| OF letters As - letters etc. In the malls
the Supreme Court Of the United states has decided
in ex parte jackson G United states. page 733l, as
| follows
Letters and sealed packages the mail fully
guarded from * animation aud nsp 'ctiOn except as TO
their outward form and weight as they were retained
the parties iorwarfing them IN their own dOmlcues
Toe constitutional guarantee OF the right OF Tue pope
| 10 be secure their papers against unreasonIbie
searches aud seizures extends 10 their papers thu close"
against Inspection ana wherever tey NAY ue ni7
n the mail they only opened and c1 lnined und,f
Ike warrant issued upon similar oath or affirmation
particularly describing the hing to be seized a. Is re
aurrd when papers subjected 90 search IN ones own
household No law Of Congress can place IN tho hanas
horty invade the secrecy Of letters ana such seated
To- mail matter be IN naturalization TO the great
mbodied IN fourth amendment TO the Con
| stitutIUn.
Itwin be noticed that the language OF the Supreme
Court IS used independently OF any statute Of the United
states which prevents post Office officials from opening
letters sent throu the mall the principle being based
| upou the fourth amendment TO the Constitution
! OF the United States On respect TO the
" right Of tho people TO be secure In their
persons papers, houses and effects against
unreasonable searches and sezurcsD. Itu difficult TO
perceive that Language and that principle do not
apply az well 10 teegapho messages In the possession
of the telegraph company as mail matter IN the pos
session Of postmaster. That eminent lurist, Judge
Cooley in his standard work on Constitutional Limta-
tons &C. TO- PIP 3O63O7. note D. makes use OF the fol-
lowing language on this general subject
The Importance ~ public confidence In the inviola-
biy of CORES pondcucc through the post Office cannot
wei oyerfed am and 5he ~ to Per sccs
would excite general indignation. In Maine II his Dscn
decided that telegraph operator may be compelled to
disclose the contents OF message sent 'y nm iof an
othef party and That no RUE o Pnhic polcy %olu ioi
bid. (State Lichheid - Me- 207.l The case IS
those which arise the ordinary case OF voluntary
disclosure by one private person TO another Win2ut
munication made 10 the operator OF the telegraph
That Instrument Is used ms means OF correspondehce'
and as valuable and in many oil Indispensable sub
ade no because the uarty desires 10 nut the oprra-
Tor In facts hut because transmission with
in any other sense than this-that The
| party makes It rather than deprive himself
OF the benefits Of this invention and Improvement
The reasons Of public nature for maintaining the
) secrecy OF teegraphic communication the same
with which protect correspondence by mail. aud
though the oeraor Is not public ocer nn, cifcun-
stance appears mmaterial lie fulhls I'm
portant public junction. and the propuety OF hs pre-
serving nV0labe secrecy III regard 10 cJmuhlcdtouh
Is 80 obvious that II Is common to provide statutory
penalties for disclosures II grounds OF public policy
the operator should not voluntarily dsclOS', why 90
> not the considerations forbid the courts cOni-
pellng him TO do So OR If 1t be proper 10 make him
testify 10 the correspondence by telegraph, what g00d
can be given why the postmaster should not be
rose compelled to bring the spOndcnce which
passes through his hands into court and open for the
, We mat maintain the opinion. Notwithstanding the
decision of so eminent tribunal that the pubic are
not entitled to a mans private correspondence.
whether obianable by seizlng II in The mans
. or by compelling the operator Of the telegraph
| to testify to It, or by requiring hls servants
, 10 take from his desks his private letters and
journals and bring them into court subpgna duces
recum, and such compulsory process 10 obtain 10 u
would be nothing short of most arbitrary aud unus
fable Of private papcrs-such unreasonable
seizure as Is directly condemned by the Constitution
Last February Judge Cooley published IN Tbs Amer
Lar Register article on the nvioabllity Of tele
graphic communications. He commences his article
thus:
Perhaps nothing In legal history is more remarkable
than hc general acquicscence OF tho pubic in the as
right bring iutO count and before Legislative
hOdies instruments Of evidence the private messages
| feleRranh IL IL knhle only hccnnsl