The daily citizen. [volume] (Asheville, N.C.) 1889-1890, 1889-08-09
PRESIDENT NORNIN GREEN
WRITES ANOTHER LETTER
III TO wANAMAKER,
In which He Denies That Officials
(. ALLEGATIONS, and Asserts that the
GsOvernlIlent has Really Nothing
TO Complain About.

i44l
"ExEcurIvE OFFICE W. U. T. Co., |
Z New YORK, August s.
5 "Hon. Iohn Wnnamaker, Postmaster
Gencral-Dcar Sir: Acknowledging the
receipt of your letter of August 2, | beg
to say much regret that the publication
of my letters to you to which You refer
was rendered necessary by the cXtraor-
dinarv statements on Information tul-
nished this (your) department, contained
in your letter of July 13, and extensively
printed in the newspapers on the follow
J ing day. You again refer to the pllvl-
leges and benefits derived by this com
pa1ly through the acts of Congress, and
especially the act of 1866. You say 'un,
s der these grants hecompany has claimed
the right to the use, without compcnsa-
tion of any kind as to the right OF way
over the highways OF the country, ON the
ground of their being post roads. 1t has
\ broadcncd this claim to the extent that
streets of cities and towns are also post
roads, and therefore open and free to its
Fl occupancy and use The courts have sus-
tanned it in this claim Either you orwc
are very badly informed by our respective
IcynI advisers as to what has been
claimed bv the telegraph company and
a-
and authority of that grant have had
occasion from time to time togo through
the records in Il great many cases
e but | do not recall any instances
in which such claim has been
+ made and sustained by the courts.
What we understand the government
did give us in the act of 1866, was Il
I franchise and right to do telegraph bust
ness in all the States, and this franchise
was given alike to all telegraph com
pnnics, or other parties who might ac-
cent it and subsequently, by what was
Y known as the Butler amendment, 1t was
succially extended to all railroad COM
II Danies. But the act never assumed to
Il give us, and could not give us, the right
to plant our poles on any but lands act
4 uallv belonging to the government; and
S that right we have very rarely exercised
z except, when the government put them
into its navy yards and military posts
and stations or to its department quar-
ters in the city of Washington. Iadyou
carefully read the decision i'll the PcnSa.
cola telegraph case to which you refer
Won would not have fallen into such 4
prievous error upon this point. Che
Justice Waite, in the body ct the oplnion
thus defines the scope Of the act OF 1866
under reconsideration "Noquestlona arises
as to the authority of Congress to pro
vide for the appropriation OF private
property to the uses OF the tclcGraph Ion
no such attempt has been made Iht
usc of public property alone, is granted
If private property is required, it mus
he SO far as the present legislation Il
concerned, obtained by private arrange
mcuts with its owner. No compulsory
proceedings can be had under the conStl
tuition; private property is not inter
fcrcd with; only national privilege
are granted"
The decision in this case therefore wa
that the State of Florida could not pro
hibit the Western Union Telegraph Com
panv from erecting and operating IL
lines of telegraph i'll that State alter l
had acquired a light OF way Tor It's plan
from a railroad company OF that State
hut did not hold that it was cXcmp
from the obligation to buy or condcm
under State statutes the property nccc>
snrv to enable il to build its lines. In
railroads. are post roads as well as som
of the highways, and il the govcrnmei
yivcs us the right OF way on post ROADS
why should we have to pay the raIIroa
.rompanies for it? We have to contrac
Ior. and obtain, our rights of way troi
The parties who own them, whether RAJ
road companies, turnpike and plank roa
,',,a,;nS mr. individual land owners
,,I T., ,,,s, oG streets and highways, w
I,,',,o ~ ohtain license from the cit,
',',,tv nr State authorities, or condcln
.,,,Iar .,,,thnritv of State laws. sill
ccreIy wish that your ideas of the la
I,,,t ,,,n .rr in fact occupying man
ti,'',.,,,ds nf miles of most roads and al
;,';Ia,,nd .'.o"Ia, ,n nrc,nv MI the highways
c,,tr. i undcr thr grants
.i .,S ',',t~ ,t ,,,o,, ,,,nve sound in law. B,
..'''L ".o ''''t rcI;nd ,non that GRANT. an
~ ',,, .nt;sGrL thr courts would no
NV ,,'',,r yi,ws Our occupancy
si'o st.oofs ;s ALWAYS bv license of the loci
n',+Sor;tics or ofthe State; and in Il
c,se of the elevated railroad c"mpar
=, +ha c;tv of New York, to which you I
a.. ,,,o nav the companies who own II
St.,,"+vre for the right to string o,
s'.;.", thereor The act to which V,
mee' W. 'r;ues tbc telepraph compal
oa,,+;s,,r the riyht TO take stone al
%;,,,I,o,. frHr, thr nublic lands, and to pl
',t ,,,d ertr, not exceeding forty aCr
P,"t stnt;or We nave never re
To.oJ ~ ,se nnv stone or timber sin
w., >W ,,,,ss.,T,. of that act, The rairoa
tiS pa'SStaS IT,a S,n,,,;ncni have afforded al
.in ,I,G9c fSc;I;ties III for transporting cedar f
p',1a" pI mLirh is more durable and &C
Pol.:' na,, tho ,,t;vr timLrr whi
Ho'ii't'" ,;l,i,, Ln EDurI acccssiI
hllSnt po"" p,,,,S,,,,;od Government lands.
aeloss 49,, 6, ,,.t . .,,rrs nf Land for
~ : p:SH ~, ,ovc fGund that wherever
s'"'"", t't;>,,, ,,,,s rrrdrd fin,
iSNSl"ph SN''S'