The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1886-12-26
su1anruD NM.

The Hoase Committee on PoStomees
and Posl Roads has heard the report of
Representative Warner. Of Ohio. on
the obligations Of subsidized railroads
and Telegraph lines The report is bas-
ed upon An Investigation ordered by the
House last year unjer a resolution Of fin
quiry Of Anderson Of Kansas. 1, Is a
very long document and begins with a
summary Of the several acts providing
for the construction Of the Pacific Rail-
road and telegraph lines for Shieh
grants OF lands and bonds have been
made. After an exhaustive argument.
che conclusions Of the subcommittee on
the several points at issue r stated ~
follows: That the Obligation to on
~EtIuet. maintain and operate q teleg.-fs
line is the same As the obligation to
conStruc', maintain and operate a line
Of railroad; that the railroad company
cannot relieve itself OF this oblig ,tiou
cannot transfer it to any other compa-
ny; that. as public aid can be granted
only for public purposes. such Telegraph
lines. as will as railroad lines. must be
operated for the equal benefit of all per-
sons, companies oil corporations, with.
gu discrimination in favor of, or against
anyone; in order that all may enjoy
equal facilities, privileges and the use
Of such lines. it is necessary that the
ame terms and facilities as TO tie re.
eeption and transmission of messages
should be extended to Que telegraph line
that are granted to another. That in
this matter there should be no discrimi
nation. Conceding that the subsiz d
railroad IS under IN obligation to main
tain and operate the telegraph line for
the benefit Of all, it follows that
1t is bonud to accept telegraph
matter at the termini of I'LL
lines from al; telegraph companies;
ihe committee find from the evidence
before il that the railroads are not main
tanning and operating by themselves
and for the public use the telegraph
lines as required by the several acts OF
Congress under which they were auth.
orized to build their lines. It is held
that the contracts entered into between
the railroad company and the Western
Union Telegraph Company by which
the rights and privileS S of the railroad
companies were transferred to the Yves.
tern Union are beyond the scope of
law. THESE positions are sustained by
many references to the granting acts
aud decisions OF the United States Su.
preme Court the right OF the Western
Uuion or any other telegraph company
TO construct and operate lines OF its own
to the Pacific Coast. is not questioned,
but it is held that the construction O
such lines cannot~ relieve railroad com.
p mics from the obligations to maiutlin
lines themselves as required by the sew.
er ! acts.
By way OF remedial legislation the
subcommittee proposes n bill which ex.
tends to telegraph lines the provisions
Of the act of June 20th. 1873. relating
to railroads, and makes it the duty of
the Attorney General to institute pro-
eeedings in the Federal Courts to adju-
dictate all rights o! parties alleged to
hold contracts or to have rights under
any agreement entered into with the
railroad companies. and to annuI and
set aside contracts unInwfully made by
which the railroads have thought to re-
relieve themselves OF their just obIiga.
fions to maintain aud operate indepen-
dent telegraph lines. The penalties
prescribed b y the act OF June goth.
1878, MS to railroads are made nppIica-
bic to telegraph lines as we'll.
The report was ordered II be printed.
aud will be taken up for discussion by
the full committee ntln early Il {.
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