The McCook tribune. (McCook, Neb.) 1886-1936, 1886-12-23
PAR4nrzING THE RAILROADS..
The Relations They Sustain to the Govern-
menf aud People.

The Relations They Sustain to the Gorern-
ment aud People.
The entire mornings session Of the house
committee on p~ostoffices and post roads
on the 14th was occupied in the reading OF
the reports OF Representative A.. j. Warner,
OF Ohio, on the obligations Of subsidized
railways telegraph lines. The report is
based upon the investigation ordered by
the house last year under a resolution Of
inquiry by Representative Anderson, OF
Kansas. 1t is a very long document and
begins with psummary OF the several acts
providing for the construction OF the Pacific
railroad and telegraph lines for which
grants OF land and bonds have been made.
Alter an exhaustive argument the ~conclus-
ions of the subcommittee on the several
points at issue are stated as follows:
/. That the obligation to construct,
maintain and operate a telegraph line is
the same as the obligation to construct,
maintain and operate a line OF railroad.
2. That a railroad company cannot re-
lieve itself OF this obligation, and cannot
transfer it to any other company.
3. That as public aid can be granted only
for public purposes, such telegraph lines, as
well as railroad lines, must be operated for
the equal benefit of all persons, companies
or corporations without discrimination in
favor or against anyone.
4. In order that all may enjoy equal
facilities, privileges and the use of such
telegraph lines, it is necessary that the
same facilities and terms as to the re-
ception and transmission of messages
should be extended to one telegraph line
thai are granted to another-that in this
matter there should be no discrimination.
Conceding that a subsidized railroad is
under an obligation to maintain and oper-
ate n telegraph line for the benefits of all,
it follows that it is bound to accept tele-
graph matter at the terminus of its lines
from all telegraph companies.
s.. The committee find, from the ev!-
dence before it, that the railroads are not
maintaining and operating by themselves
and for public use telegraph lines as re-
quired by the several acts of congress under
which they were authorized to build their
lines. 1t is held that contracts entered into
between the railroad company and the
Western Union Telegraph by
which the rights and privileges OF the rail-
road companies were transferred to the
Western Union are beyond the scope Of
the law. THESE positions are sustained
by many references to granting acts and
decisions OF the United States supreme
court.
G.. The right OF the Western Union 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 OF such lines cannot re-
lieve the railroad companies from obliga-
lions to maintain lines themselves as re-
quired by. the several acts.
By way of remedial legislation, the sub
committee proposed Il bill which extends
to the telegraph lines the provisions OF the
act OF June 20. 1871, relating to railroads,
and makes it the duty of the attorney gen.
eral to institute proceedings i'll the federal
courts to adjudicate all rights of parties
alleged to hold contracts or to have rights
under any agreement entered into with the
railroad companies and TO annul and set
aside contracts unlawfully made, by which
the railroads have thought to relieve them
selves of their just obligations to maintain
and operate Independent telegraph lines.
The penalties prescribed by the act of
June 20, 1874. as to railroads are made
applicable to telegraph lines as well. The
report was ordered to be printed and will
be taken up for discussion at an early day.