Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-12-15
The knbsfdi1ed Railway-Teiegraph
Lines.
fI,r, falarra nh 10 the DiRnafchI

WASHINGTON, December 1.-the entire
morning session Of the House Committee
on Post Offices and Post-Roads was occu'
pied in reading the report OF Representa-
tive A. J. Warner. OF Ohio, on the obliga-
ton OF the subsidized railway-telegraph
lines. The report is based upon the in
vestigatlon ordered by the House last year.
Under the resolution OF inquiry introduced
BY Representative Anderson, OF kanaa',
Dir. Warner was appointed sub.commlt-
tee OF one during the last session to pre-
pare the report for the committees consid-
Grafton. Ii is very long document. and
begins with summary OF the several acts
providing for the construction Of the Pa
cihc railroad and telegraph lines for which
grants Of land and bonds have been made.
After an exhaustive argument the conclu.
si0ns OF the subcommittee on the several
facts at issue are stated as follows:
First. That the obligation to construct,
MAINTAIN, and operate telegraph line is
the same as the obligation TO construct,
maintain. and operate line OF railrOad.
Second. That the railroad company can
not relieve itself OF this obligation and
cannot transfer i to any other company.
Third. That as the public aid can be
granted only for public purposes, such
telegraph lines rs well a. railroad lines
must be operated for the equal benefit Of
all persons, companies, or corporations.
without discrimination in favor Of or
against any one.
Fourth. In order that all may enjoy equal
facilities. privileges. and use OF such tele-
graph lines it is necessary that the same
facilities and terms a. b the reception and
transmission OF messages should be extend
ed TO one telegraph line that are granted to
another that in this matter there should
be no discrimination.
Ii T.. the report says, not a question OF
vested rights, and il is not proposed to
change the condition OF the charter or dis
turb its vested rights, but it i simply a
question Of requiring railroads the bcne-
iciaics Of the several granis-tO carry out
the obligations assumed by them in accept
ing the grants. Conceding that the sub
sidizcd railroad is under an obligation TO
maintain and operate a telegraph line for
the benefit Of all, il follows that it Is bound
TO accept telegraph matter al the terminus
oi It's lines from all telegraph companies.
The committee find from the evidence
before il that the railroads are not main
tanning and operating by themselves and
for public Use the telegraph lines as re-
quired bv the several acts OF Congress I'M
der which they were authorized to build
their lines, IL is held that the contracts en-
tered into between the railroad companies
and the WcsterH Union Telegraph Com
p9ny, bv which the rights and privileges
OF the railroad companies were transferred
TO the Western Union, are beyond the
scope Of law. These positions are sus-
tanned by many references to the granting
acts and to decisions Of the United states
supreme Court.
Fifth. The right OF the Western Union
or any other telegraph company to con.
stiuct and operate lines OF It's own to the
Pacific coast is not questioned, but it is
held tblt the construction OF such lines
cannot relieve the railroad companies from
then obligations to maintain lines them
selves, as required by the several acts.
Upon The subject OF remedial legislation
the sub committee SAYS i recognizes the
right OF all persons or corporations to pur-
sue their remedy in the courts, which I'M
doubtcdy now exist, but it recommends
that masmuch a. these companies owe
their existence 10 the acts II Congress and
have been the recipients OF public aid by
grants Of land and bonds, in accepting
which they have assumed certain Obliga-
tiOus, il therefore becomes the duty OF the
Government to see that the agreements and
Obligations entered into 10y the companies
are fairly carried ont.
Therefore the subcommittee proposes
bill in lieu OF the several measures referred
10, which extends 10 the telegraph lines rs
well the provisions Of the act OF June 20,
1874, relating to the railroads, and makes
il the duty OF the Att0mcy-Grneral to in-
,tituje proceedings in the Federal courts
to adiudicate all rights OF parties alleged 10
hold contracts or 10 have rights under any
agreement entered into with railroad com.
Tanios, and to annul and set aside con-
tracts uniawfuly.made by which the rail
roads have sought 10 relieve themselves Of
their Just obligations 10 MAINTAIN and ope-
rate INDEPENDENT telegraph lines. The
penalties prescribed by the act OF June 20,
1874. a. 10 the railroads are made appica.
Die to The telegraph liuc- Is well.
Representative Andcyson'> bill forbid.
ding the collection and sale Of news by a
telegraph company was among the bills re-
f,rTCG TO The subcommittee, but il was held
that il was not proper TO be included in
this iii, which rc,at sole ~ to the enforce
mont OF the obligations of the railroad COM
pauiCs m rc>pccr Of their telegraph lines. u
TCla,es rather 70 the question Of the regula.
tion Of the telegraph companies inclusive
and exclusive OF the Immigrant lines. and
that II should be considered with the Fede-
nal regulation " the inter State commerce.
Thcrcport was ordered 10 be printed, and
viii be- taken up for discussion 10y the full
committee at IN early day.