The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-04
THE F1FrIE1H CONGRESS.

sent to consider private relief bill.
Mr.. Bland, of Missouri. while refraining from
| making objection, declared that the regular
der ought to be more frequently called for. This
Congress seemed to have been constituted a
court Of appeals for all rejected claims. It was
proceeding to dispose of the surplus with all
kinds of bills that could be imagined. The pub
lie mind had become debauched and corrupted
with the bills that had been passed by this Con-
gress, and it was time to call halt. The bill
was passed.
Mr. L ARD of Nebraska, from the committee
on military affairs, reported bill authorizing
the construction and repair of the roads from
the entrance of the Preside at San Francisco to
the National Cemetery Placed on the House
calendar
Mr.. Dargan, of South Carolina, from the COM
mitJee on banking and currency, reported a bill
authorizing the issue of fractional silver eertid-
Gates. Referred to the committee of the whole
Mr.. Grain, of Texas. from the committee
election of President and Vice-president. re-
ported back his joint resolution proposing
stitutonal amendments changing the time for
the commencement of the presidential term and
changing the date for the annual meeting of
Congress. Placed on the House calendar.
The House then resumed the special order,
consideration of the Pacific railroad telegraph
bill
Mr.. White OF New York, took the floor in op-
position to the measure. He thought that all
remedial legislation should ''make the pnnish-
ND the statutes with voluLninous enactments
legislators should assure themselves that those
enactments would have the desired effect. This
bill afforded the government no new remedy.
There was buncom os in it, but there was no
legislation in it. If abuses shere were in the
management of the Pacific telegraph lines the
existing laws offered a complete, adequate and
speedy remedy. Instead of hanging the victim
first, and trying the question of his
guilt Innocence afterwards it would be
better to try the question first and punish
acquit afterwards. He could not the
necessity of encumbering the statutes with page
after page of legislation when . better result
could be accomplished by a single section-the
necessity of loading columbiad to shoot can
vas-back. He then proceeded with legal argu-
mept in which he contended that under the
terms of the contract between the Union Pacific
company and the Western Union company a
vested right had been created which could not,
under the decision of the Supreme Court IN the
Union Pacific sukngfund case, be interfered
with by congressional action. He wished he
said. to present some statistics in regard
to the Western Union Telegraph Com
pany-this ogre, this octopus giganticus, this
devil-fsh-which had been brought here before
the bar of the House for condemnation for hav-
ing preyed upon the blood of the country and
sapDed vftals. These statistics covered twenty
years, and showed that while In 1851 the west
ern Union had wires enough TO go three times
around the globe and made average charge
per message of 81 04, in 1887. its wires could
circle the world twenty-one times. and the aver
age rate per message was 80 cents. No other
country he said, enjoyed such facilities for tele-
graphing. and as to cost. the figures showed that
Europe. The minimum rate in England for 250
miles was SO cents for twenty-five words; the
rate from Jacksonville, Fla. to Oregon, the long
est distance in this country, was $1.21 for ten
words of message and the entire address and
signatures
Mr. Belden, of New York, asked why it was
that higher rate charged between Wash
ington and Cortland, n. Y, than to Syracuse,
more distant point
Mr.. White replied that that was q matter of
Interstate commerce
Mr.. Belden replied that the fact was that the
Western Union had raised rates within week
after opposition ceased.
Mr.. White said that he had statistics at hand
TO answer for him, and upon them he was will
ing to rest. In conclusion, he said that ne was
munistic legislation, which would seek TO legis-
late away the property of a acquired hon.
estly and honorably under forms of law.
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 con-
tracts between the Union and Pacific railroad
companies and the Western Union Telegraph
Company were void, alb initio, and no lawyer
in America knew it better than the gentleman
from New York Mr.. WhiteL They were, at
the time they were made, and they still, in
direct violation of the express provision of the
statutes and the grants creating the Pacific rail-
road and telegraph companies. and were in vio-
lation of public policy and against public law.
There were numerous authorities to show that all
pooling contracts with certain Limitations were
void; and contract could be enforced if its
conditions we're against the general good. The
with the object and intention of defeating
every substantial requirement. of the grants.
After Jay Gould and mis- ring had conducted the
Union Pacific as long ne could make anything
out of it. he had walked off. leaving the COM
pAny bankrupt and taking with him, among the
assets. the telegraph lines with which he levied
discriminating tribute upon the people west Of
the Missouri river
Mr. Dockery of Missouri, said that under the
granting acts the Pacific companies were re-
quired to construct not only railroad lines. but
also a telegraph line. Instead of doing they
had assumed to divest themselves of their obi
cations by contract with the Western Union
Telegraph Company. comforting upon that COM
pany the exclusive right of way along the rail-
road lines. The acts of Congress required that
the telegraph lines along the Pacific railroads
should receive all business without discrimina-
tion. but were nullifed by this unlawful con-
tract with the Western Union company. Upon
these unlawful contracts the gentleman from
New York (Mr. Whitel had erected q super
structure of vested rights. The very lam
guage of the contracts showed that the railroad
companies knew that they had right to enter
into them. He did not share in the unreasoning
prejudiees which were manifested in some
quarters against corporations. but the people had
rights which corporations must respect The
danger to corporations lay in their disposition to
overleap the confines of statute law and set at
oenance the will OF the people. Vaulting am
oition was very liable to overeap itsef, and Jay
Gould had better take cognizance of that fact.
The people had rights, and if trod upon
might to extremes The people
of the United States were patient, but their
representatives upon this floor, without party
distlnctiont nau thus Tar. IN the con-
duet OF this debate, manifested a dis
position TO put bit and bride further
encroachments of the Western Union
company jay Gould and the other managers
of that company must longer attempt to
evade the statute law. but must bow In graceful
Difference to the will of the people Competi-
ton was essential 10 the highest and best inter
ests Of the whole people. aud If necessary-and
he believed it to be necessary-the power of the
government must be exercised TO secure to the
people that perfect equity. without discrimIna-
ton. which the very basis upon which rested
the whole fabric of our institutions. The pending
bill was an initiative measure OF reform, which,
speaking to Jay Could said In uncertain
tone: THUS far thou shalt GO. and
further Monopoly n plant of foreign
growth 1t was un-American, metropolitan
growth. and should not DC allowed to take
IN American soil He desired to appeal to