Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-12-18
1ancaster :9ntelligenrer
EVENING DEC. 10. 1882.
BETTER Late Than Not at All.

Attorney General Palmer 10 lis 0uIy "
yindicate the plain Injunction OF the
state constitution against the consolida-
ton of competing lines of telegraph.
The Western Union company has been
defying this provision ever since Attof-
ney General Palmer took Office, and yet
it is only now, upon leaving it, that he
takes notice of violation OF the law
that has been patent all the time, and all
the time has worked great injury to the
people of the state. Attorney General
Palmer is a good lawyer and bears the
reputation of all honest man. lie has,
moreover, demonstrated disposition to
do his duty energetically when he saw
where it lay; which makes it all the
more remarkable that he has been SO
dilatory in his proceeding against the
Western Union monopoly. Since he now
declares that this company has in ma;y
instances violated the constitution, he
mus. he called upon TO say why it is that
he has not earlier taken the measures for
the yindication of the fundamental law
which lie now sets on foot. Has he been
incited by the result of the elections,
which shows how strongly the disposition
of the people runs to a demand for re
form in administration and to s'ric
enforcement Uf the laws: This may ET
his incitement, but it is not his sufficient
excuse. Or is if that he has a contideEcr
i'm the supreme count now that le lid not
have before? II is an open secret that
the majority OF the supreme court OF
PENNSYLVANIA has not the confidence OF
the community IN its lack ot favorltlsm
to great corporate interests. The abso-
lutte imrartiality ,f the court has been
dis.rus,ed. Thele has been but one
change in its consti. utiOn made by the
election, and Judge SharswOOl, who re-
tires, is one of the best of the members :;
but supreme court judges,a ,as we'll as poll
ticians-or being politicians We might
sly in the case of the distruSted mem
bers Of our court-may prudently keep
their ears open to the voice Of the peo-
pie. and it may he that Attorney General
Palmer expects to find them in a better
frame of mind to defend the constitution
than they were few weeks ago.
But whatever his motive in acting
now, the attorney generals movement
meets with the hearty appreciation Of the
people. They see 4 clause in the consti
tuition which they adopted a few years
ago plainly violated. They provided
that there should be free competition
in the telegraph business by forbidding
the union in interest of rival lines. From
that provision they have derived TO ben
eft, because it has not been enforced
The reason given for its inoperativenes:
has been that the Legislature
has failed to pass law pro
nouncing the pains and penaltie
for violation of this decree of TIN
constitution. That reason the attornc.
general by his present proceeding pro
nouuces not to have been 4 good one
but there are still those who ho!d tha
nothing can be done to defend the con
stitution until, the Legislature acts
These persons maintain that the attOrne
general can take nothing by his action
because there is no penalty which Tin
supreme court is able to infiict, thouG
it is satisfied that the constitution La
been violated. This argument maintaii.
That the constitution is absolutely nerve
less and of no effect without il is sup
p,enentad by an act of the Legislature
that the Legislature can, by a failure t
provide penalties, nu.!ify the itu
tioa. We do 10. believe that III: LegiS
lature has any such power. Wilai is ful
hidden 10y the constitution cannoa cXists
and the courts surely can 81 declare.
the Western Union telegraph compan
is shown to the supreme court to nav
consolidated with rival telegraph COZ
panies in way which the coustitulio
forbids then the offending cOmp:I;t
cease to have power to do busiEc S
Pennsylvania. They are dead al
their effects are at the disposition OF IL
state.
1t is ;rue ;lat The law-defyinS tel
graph Ctlllp.tulCS HdSC OcptIiuSu 'it IL
inaction Of the Legislature for the
safety. 1t has been the business of
certain set of sharpers to start teiegrai
companies in our state for the sole pu
pose of selling them out to the Westel
Union. That corporation has bousl
them up, expecting, in the breathir
time it was allowed before new Liz
would he thrust upon it for purchase,
collect the cost of the former one fro
the public, left victim to its monop
LIKING charges. 1t has not been profit;
ble business to it. Its whistle has cost
too dear and with its watered capital
is in condition of body that will II,
enable it to endure the competition I
the new crop of young and lightly CAP
talized rivals that stand ready to give
its coup lie grace. The action OF Il
attorney general can but hasten the da
of dissolution which natural Gauss
would soon of themselves have caused
dawn.
Reform Is Necessary.
We reprint from L. Gray Meek Belle
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