The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-03-04
WIRES TO THE PACIFIC.
THE HOUSE PASSES THE BILL TO
DRIVE OUT GOULD.

Mr.. White, of New York, Speaks in
Behalf of the Roads-Mr. Symes De-
clares the Contracts with the West
WASHINGTON, March 3.-The House to-
day resumed, as the special order, consid-
GRAFTON of the Pacific railroad telegraph
bill. Mr.. White, of New York, took the
floor in opposition to the measure. He
thought that oil remedial legislation should
make the punishment fit the crime" and
that before numbering up the statutes with
voluminouS enactments the legisla-
tors should assure themselves that those
enactments would have the desired
effect. He then proceeded with a legal
argument, in whloh he contended that un-
der the terms of the contract between the
Union Pacific Company and the Western
Union Company vested right had been
created which could not, under the decision
of the Supreme Court in the Union Pacific
sinking fund case, be lnterfered with by
Congressional action.
Mr.. White said in conclusion that he was
here to protest against Anarchic and Com
munistic legislation, which would seek to
leglslate away the property of man ac-
forms Of law.
VOID FROM THE BEGINNING.
Mr.. Symes, of Colorado, said that the
purpose of the bill was merely to
compel the subsidized railroads to
comply with the conditions and pro-
visions of the grants creating them. The
contracts between the Union and Central
Pacific Railroad Companies and the West
ern Union Telegraph Company were void
ab initio, and no lawyer in America
knew it botter than the gentleman
from New York (Mr. White. They wero,
at the time they were made, and they still
were, in direct violation of the express pro-
visions of the statutes and grants creating
the Pacific Railroad and Telegraph Compa-
MES, and were in violation of public policy
and against public law. There were nu-
merous authorities to show that all pooling
contracts, with certain limitations, were
void, and no contract could be enforced if
its conditions were against the general good.
INTENDED TO DEFRAUD.
The contracts under consideration had
been made with the object and intention of
defeating every substantial requirement of
the grants. After Jay Gould and his ring
had conducted the Union Pacific as long as
they could make anything out OF it, he had
walked of, leaving the company bankrupt
and taking with him among the assets the
telegraphic lines, with which he levied dis
eliminating tribute from the people west
of the Missouri river.
Mr.. Dockery, of Missouri, said that under
the granting acts the Pacific companies
were required to construct not only railroad
lines, but also telegraph lines. Instead of
doing SO they had assumed to diVest them
selves of their obligations by a contract
with the Western Union Telegraph Com
pany, comforting upon that company the
exclusive right of way along the railroad
lines
ACTS NULLIFIED.
The acts of Congress requiring that the
telegraph lines along the Pacific railroads
should receive all business without discrimi-
nation were nullified by the unlawful con-
tract with the Western Union company.
Upon these unlawful contracts the gentle
man from New York (Mr White) had
erected a superstructure of vested rights.
The very language of the contracts showed
that the railroad companies knew that they
had no right to enter into them.
Mr.. White offered his substitute, which
was rejected without division, and the bill
was passed by 1917 yeas to A nays, these
being Messrs Bliss, Ketcham, Merriman,
and White of New York.
LAUGH ON BLAND.
Mr.. Bland moved that the House adjourn
nlti uhAo lAtCOiOh DOAA5 NSApetOCNs III OiuCl W
prevent requests for unanimous consent, he
demanded the regular order.
The Speaker pro TEN. announced the
regular order to be further consideration of
the bill to provide for the Issue of circu-
lating notes to national banking associa-
tions; and as this was a bill which Mr..
Bland has uniformly opposed a laugh was
raised against him that he should have un-
Willingly brought it before the house, but
he accomplished his object, and the House
at 4:45 o'clock adjourned