Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-08-09
TELEGRAPH RATES.
GREEN AND WANAMAkeR STILL AT
pAeesR's POINT.
President Green's Re5oindcr 20 the Post.
understandable Holds Up Ills
Side or the Question.
ny telegraph % tas ni.pn,cnl
NV NoBE, August s-The following has
been furnished for publication:


been furnished for publication:
EXECUTIVE OTICE WESTERN UNIoNl
TRIyGRArH CoNpANY.
NEw hOnE, August s, 1889. J
A7n. John W0RdDsdir, Postmaster General :
Deer Sir,-Acknowledging the receipt OF
Your letter Of August ID. I beg 10 say
much regret that the publication of nay
letters 60 You to which you refer was rem
dUrcd necessary by the extraordinary state
ncnt "on information furnished this
tvour) department" contained in your
letter of July 18th and extensively printed
L. ihe newspapers on the following day.
You again refer To the privileges and
benefits derived ov this company through
the acts Of Congress, aud especially the act
~ 1SG6. lon say: Under these grants
tho company has claimed the right 90 use
without compensation Of any kind as O.
TCLt IT way all the highways Of the couu-
tsy on the ground q their being post roads.
I has hroadened this claim TO the extent
that the streets OF cities and towns are
niso post roads. and therefore open and
free tO iis occupancy ana use The courts
have sustained u an this claim
Either you or We arc very badly Informed
by our respective legal advisers as 70 what
has been claimed 10y the telegraph compa-
uy and held by the courts in respect u
thc scope and authority Of that grant.
through the records IA great many cases,
lut DO not recall any instances IN which
such claim has been made and sustained
bv the courts. What we uuderSt and the
Government did give us IN the act OF lSG6
was a franchise and right o. do telegraph
business iu all the States. and this fran
chiee Wae gwen alike TO al telegraph CON-
panios on other parties who might accept
it and subsequently by what was known
as tho Butler amendment II was specially
extended 90 an IA road companies But
Tie act never as umed 90 give us, and
could not give us the right 20 plant our
poles ou any but lands actually belonging
q the Government; and that night We
have very rarely exercised except when the
Government wanted us 10 extend lines FOR
the convenience Of the Government into
Its uayy-yard5 and military posts and sta
tons, ar to ITS department quarters M the
cify Of Washington. Had Won carefully
y-ai the decision in the lensacOla
telegraph cn-e 20 which YOU refer YOU
would not have fallen INTO such grlevou-
error UNION this point. (hlet-lUstlce Waite.
iu tie hodg of the opinion, thus defines the
SCOPE of The net of 1866 under cOnsldera-
Won. NO question arises rs 10 the au-
flur-fy of Congress % provide for the APP
preparation of private property 10 the uses
of the telegraph. for mo- such an attempt
las been made. The use of public pro
Vcrtv alone i~ granted. II private proper
TVS required. n must, so far as the present
lcoi-lat I1u is concerned be obtained by
private arrangement with its owner. NJ
COMPULSORY proceedings are authorized.
State sovereignty under the Constitution
ST. not luteflercd with only national priyi-
ltg'- are granted"
Tho decision in this case. therefore
va, that the State Of Florida could
mot prohibit the Western Union Icle
graph Company from erecting and opo-
rating its lines of telegraph IN that state
after 90 bad acquired q right Of way for Do
plant from railroad company of that
State. hut did not hold that 10 was exempt
from the obligation TO buy or condemn I'm
dor State statutes the property necessary
o. cuallo 10 % build IT'S lines.
7 hc railroads are pOst-rOWts az well as
some oi the highways. aud Il the Govern
mrut gives us the right of WAY on post
roads WHY should we have 10 pay the rail-
road companies for ltl We have to CON
tract fof and obtain our rights Of way from
fle parties Who own them, whether rall-
road companies. turnpike and plauk-Toad
companies. or individual landowners; and
lu case of streets and highways We have ca
obtain license from the city, county. OF
State authorities OF condemn under
nuftoritg of State laws. ] sincerely wish
iunt your ideas of the law that Vt
are IN fact occupying many thousands of
miles Of post-rOads. and are privileged o.
occupy am tho highways in the United
States under the grants of that act may
prove sound ~ law, but We have not relied
upon that grant, aud are SATISFIED the
courts would not sustain your Vows. Our
occupancy OF the streets ~ always 10y D.
cruse of the local authorities or of the
State, and Iu the case ~ the Elevated ial-
ruad Company in the city Of New York, To
which YOU refer, VIC pay the companet
-
90 string our wires thereon. The act
To- which Won refer gives the tcle-
graph companies accepting II the right Ia
take stone and timber from the pubic
lands and 10 prcrmpt and enter not *
ctt.dlug forty acres for zach station. We
have never needed 90 use any stone, anu
since the passage of that act the railroads
across the continent have afforded ample
facilities for transporting cedar for poles
wbichls more durable and economical than
the native timber that might possibly be
found acces slblc on unOccupled Govern
mcnt lands. A. 10 prompting forty acre.
Of land for q station, We have round tnal
wherever Telegraph station Was h'edtd
there were no uD0ccupct Government
lands. and II we were 90 establish station
on any forty acres of Uuoccupled Govern
m-nt lands 10 would he ln a locality that
would Weld uO revenue. 10 rs true, there
fore. that We have never taken stone or
l,ick Of timber or appropriated a foot OF
public land under that law. The franchise
Granted thl- company IA common with
other parties was not supposed % Toe solely
for our benefit but 10 secure CONVENIENT
facilities to the public. The eject of cstab-
l.hiug our right 20 do business IN Pcnsa-
cola was % wipe ont "a charge of one dollar
for ii tcu-wurd message for distance OF
f.rty-hVc mile. oyera llue that claimed the
exclusive franchise under the state law,
and the establishment Of branch office IA
the uaXy-Nard and that port which Co tins
dav We are operating for the benefit of the
Government AZ "a loss-the business OF that
Office not being sufficient 10 pay the salary
OF the operator.
Second. We seem TO be getting nearer to-
rctuer Us 20 the power and duty of the
Observation-Disclosures TO name the rate OF
tolls 70 bee paid on Government messages.
only claim that TINS power and duty arc
limited hy the Constitution to ADJUST COM
pcnsatiou for the service required, and that
adjusted compensation must cover the ac-
tul cost of the service, with something
added for tie use of facilities necessary 20
perform d. aud rs You SAY the Govern
meut is willing % pay Just rates We have
como quite 90 an agreement ON the prlucl-
pie that must govern the hXlns OF rates 70
bc paid.
Third. still insist that the Government
is our most favored customer aud that the
rate for Government service during tho
past FIVE wears, considering the character
Cf the service. IS lower than that given 10
ANY other patron. The Government rates
have been one cent per wordtor a thousand
miles or less You may make mp supposed
m,assage. with address and signature OF
unusual length and twenty words in the
body sent short distance, under our half
rate contracts with certain transported ION
compauies, aud show that 10 Is tribe less
than the Government rate; hut the
hall rate is generally higher, and you
forget that this half rate an money is not
AN We pet. To IL must he added the value
Of what those transportation companies
Do for us. But when YOU apply even mo
strongest supposed case 70 message be-
tween New York and Chicago OF Washing
ton and ST. LOUIS you Will tnd tho Gov
eminent rate IS the lower. There Is no
comparison between the service Tor tho
negspapeis. (eVen the special rates 70 one
newspaper aud messages transmitted FOR
the Government A special OF l.5O0 words
would make fifty Government messages OF
a D..