Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-12-16
AN IMPORTANT REPORT.
Tho western Union Leases n Telegraph
Lines Of Land.Hrant Railways
Pronounced Illegal.
me matter Brought urfore the Rouse
Committee ON Postoffloss and Post
Roade-Antion TO DO Taken.

WASHINGTON, Dec. l5-At the ses-
AN Of the house committee on post
|.s,res and post roads yesterday the time
Fas occupied in reading the report OF
0anreseutative a. j. Warner Of OHIO on
~ obligation OF subsidized railway tele
.snh lines. The report is based upon
~ inyestlgAtion ordered by the house
IN, Gear under resolution OF inquiry
Fs,soduced by Representative An
Earson of Kansas. Several days
We devoted by the committee
the last session of congress
,he heariug OF arguments on this sub
Ia, by the representatives OF railroad
"a telegraph lines and other Interested
t.arsons, and Dr. Warner was appointed a
krb.committee Of one TO prepare report
IN the committees consideration, It is
very long document, and begins
&,,.b summary Of the several
a as providing for the construction Of
B.Ss Pacific railroad and telegraph lines
tor which grants ofiand aud bonds were
Hrsde. After an exhaustive argument the
tronolu sions Of the subcommittee on the |
csveral points at issue are stated as fol- |
lows:
Rmsintain and operate the telegraph line |
~ the same as the obligation to construct, |
..Inalt tain and operate the line of railroad |
I'd D That the railroad company cannot |
,el,eye itself Of this obligation and can
,ot transfer IL TO another company.
il 3 That as public aid can be
vysnted only for public purposes, such !
tslepraph lines as well as railroad lines
gnusS be operated for the equal benefit Of
IN persons, companies or corporations
rithout Discrimination In favor of or
against any one.
In order that all may enjoy equal
Facilities, privileges and use Of such tele-
rraph lines, 1t is necessary that the same
facilities and terms as to the reception
Ind transmission of messages should be
Extended to oAe telegraph. line that are
+ Granted to another, that In this matter
khere should be no discrimination.
Nh tia, the report says, not question OF
rested right, and it is not proposed TO
khange the condition Of the charter or
Ifiaurb vested rights, but 1t is simply a
buestion OF requiring the railroads, the
SeneAciaries of several grants to carry
'kut the obligations assumed by them in
Scepting the grants. Conceding that
i 8nhsidjztd railroad is under an obligation
IA maintain and operate telegraph line
lar the benefit of all, 1t I llows that 1t Is
hound to accept telegraph matter
AL the termini Of its lands from all
Aeieeraph companies The commit
tee finds from the evidence before IL
y that the railroads are not maintaining and
Operating by themselves and for public
One telegraph lines as required by the
Several acts of congress under which they
were authorized to build their lines. ~
Is held that the contracts entered into
between the railroad companies and the
4 Western Union Telegraph company, by
which the rights and privileges of the
railroad comnanies were transferred TO
= the Western Union, are beyond the scope
pi the law. These positions are sus-
4alped by many references to the granting
bets and the decision of the United States
Supreme court The right of the Western
Union or any other telegraph company TO
" construct aud operate lines Of it's own on
4 he Pacific coast, is not questioned, but 1t
. Is held that the construction Of such lines
fsnnnt relieve the railroad companies
from their obligations to maintain lines
themselves, as required by the several
bets
f Upon the subject of emedial legislation,
he sub committee says itrecognizes the
I Nights Of persons or corporations to pur-
bue their remedy In the courts, but 1t sug-
Rests that inasmuch as these companies
/ ,bWe their existence TO acts of congress,
md have been the recipients OF public aid
By grants OF lands and bonds, In
accepting which they have assumed Ger
lain obligations, it therefore becomes the
fhty Of the government to see that the
Agreements aud obligations entered into
BY the companies are fairly carried out.
liHherefore, the subcommittee proposes q
Iof VII In lieu of the several measures refer
Led to, which extends to telegraph lines
lhe provisions of the act of June 20, 1874,
telating to railroads aud makes 1t the
N fuly OF the attorney general TO INSTITUTE
broceedings In the seve al courts to aeJu.
flcate all rights Of parties alleged To hold
contracts, or have rights under any agree
hententered into with railroad coiupinles
Bnd to annul and set aside contracts I'M
lawfully made, by which the railroads
Dave sought to relieve themselves OF tneli
}ust obligations to maintain and, operate
independent telegraph lines, Inc penal
PES prescribed by the act OF June ~
ISL, as to railroads, are made appllcaol'
WotelegrAph lines as Well.
!, Representative Anderson's bill iorDlu
ling the collection and sale oil news o,
!. Telegraph companies, was among the olni
feierred TO the subcommittee, out IL wa
Reld that it:wss not proper to De lncluue'
!. h that which relates solely TO tine
reinforcement Of the obligations OF rail
load companies in respect TO their Vel
tgraph lines. 1t relates rather 10 IN.
nestion Of the regulation OF TELEGRAPH
tompanies, inclusive and exclusive o
0 hnd-grAnt lines, and that 1t should b.
Considered with the federal relation o
y Interstate commerce.
The report was ordered printed am
PIN be taken up for discussion oy IN
pill committee at an early day.
III uo,,,.. tV,,u. nm a spree.