Savannah morning news. [volume] (Savannah) 1868-1887, 1886-12-15
! SUBSIDIZED RAILWAYS,
THE OBLIGATIONS OF THEIR
TELEGRAPH LINES.

Representative Warner of the Sub Com
mittee of the House Committee on
Post Offices and Post Roads submits
His Re port-The Telegraph Lines I'm
der the Same Restrictions as the Rail-
roads.
WASHINGTON, Dec. lathe entire
mornings session of the House Commit
tee on Post Offices and Post Roads was
occupied in the reading of the report of
Representative A. j. Warner, of Ohio, on
the obligations of subsidized railway tel
egraph lines. The report Is based upon
the investigation ordered by the House
last year, under the resolution OF inquiry
introduced by MIR. Anderson, of Kansas.
Mr.. Warner was appointed suh~com-
mittee OF one during the last session to
prepare the report for the committees
consideration. 1t is very long docu-
ment, and begins with summary of the
several acts providing for the coustruc-
tion Of the Pacific railroad and telegraph
lines, for which grants of land and bonds
have been made.
THE CONCLUSIONS.
After an exhaustive argument the con-
clusious OF the subcommittee on the sew
eral points at issue are stated as follows:
]. That the obligation to construct, main
tain and operate a telegraph line is the same
as the OBJ igaton to construct, MAINTAIN and
operate a line OF railroad.
.. That n raj road company cannot relieve
Itself OF this obligation, and cannot transient
TO any other company.
8. That as public aid can be granted only
for public purposes, such telegraph lines a.
well as raj road lines must be operated for the
equal benefit of all persons, companies or cor
Will a ispr iT1ir iOf1 in ia
against any one.
4. In order that all may enjoy the equal facil-
titles. privileges and use of such telegram lines
IL is necessary that the facilities and terms as
to the reception and transmission OF messages
should be extended to one te egraph line that
are granted to another. and that in this matter
there should be no discrimination.
VESTED RIGHTS NOT INVOLVED,
The report says:
1t is not a question of vested rights and it
is not proposed to change the condition of the
charter or disturb vested rights, but 1t IL sim
ply question of requiring railroads, benef-
Charles of the several grants, to carry out the
obligations assumed by them In accepting the
grants.
8. Conceding that a subsidized railroad is
under an Obligation to main ain and operate
a telegraph line for the benefit of all, 1t fol-
lows that 1t is b ,und to accept telegraph mat
ter at the terminus of its line from all tele-
graph COMPANIES. Thetcommittee finds from
the e.Idence before it that the railroads are
not maintaining and operating by themselves
and for the public use telegraph lines, as re-
qured by the several acts OF Congress under
which they were authorized to build lines.
BEYOND THE SCOPE OF THE LAW
1t is held that he contracts entered into
between the railroad companies aud the
Western Union Telegraph Company. by which
the rights and privileges of the railroad COM
panes were transferred to the Western
Union, are beyond the scope of the law.
These positions are su tanned by many ref
erenceS to he granting acts and decisions
of the United states Supreme COurt.l
6. The right of the Western Union, or any
other telegraph COMPANY, to construct and
operate lines of its own 10 the Pacl1c coast Is
not questioned, but it is held that the con-
siructlon of such lines cannot relieve the
companies from their obligations 10 maintain
lines themselves as required by the several
acts. Upon the su' ject OF remedial leglsla-
ton the sub com mmittee SAYS 1t recognizes the
right of persons or corpOr itions to pursue
their remedy in courts which undoubtedly
now exist, but it recommends that inasmuch
as these companies owe their existence to
acts of Congress, and have been recipients OF
public aid BY grants OF land and bonds, III
accepting which they have assumed certain
obligations, 1t therefore becomes the duty OF
the government to see that the agreements
and obligations entered into by the com panies
arc fairly carried out.
ABILL PROPOSED.
Therefore the subcommittee proposes a
bill In lieu Of the several measures referred
To, which eXtends to telegraph llnes.as well a.
the provisions of he act OF June 20. 1874, re-
lating to railro lds. aud makes 1t the duty of
the Attorney General to institute proceed
ings In the Federal Courts TO adjudicate all
rights OF parties alleged TO hold contracts or
to havervhts under anv agreement entered
into with the railroad companies, and to annu
and set aside contracts unlawfuily made, hy
which the railroads have sought to relieve
themselves of their just obligations to main
tain and operate independent telegraph lines.
The penalties prescribed by the act OF
June 90, 1874, as to the railroads, are made
applicable to the telegraph lines as well.
SALE OF NEWS.
Representative Anderson's bill forbid
ding the collection and sale of news by
telegraph company was among the bills
referred to the su ub-cOmmittee. but il was
held that il was not proper to be included
in this bill which relates solely to the
en- forcement OF the obligations of railroad
companies in respect TO their telegraph
lines. 1t relates rather to the question Ot
the regulation of telegraph companies
inclusive and exclusive OF land grant
lines-and that it should be considered
with Federal regulation of Interstate
commerce. The report was ordered to be
printed and VIII be taken up for discus
sion by the full committee at an early