Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-08-06
OFFICE OF PosrmAsnI-GrNERAL,

OFFICE OF POsTMAsrII.-ttENERAL
WAsHINCToS. August d, 1889.
NJ. Norm Gr4,n. Pyes,tnt Western Unioa
TebTaph COHlg0uV, NC'c York;
Dear Sir.-Refcrrine 10 your letters Of
july nth. 10th and 21th, which nave been
given TO the public press through channels
other than this Department, and IN which
YOU protest against amy new rate for Gov
crnincnt kilograms and offer various arEu-
ments to prove that tho old rate of one
cent a word j. as low rs your company can
accept without loss ! beg leave to say:
First. Your unqualified statement that
"the privileges and benefits derived by
vour company through the acts of Com
grcss are purely imaginary. ana the CON-
panion assertion that your company mas
never taken stone or stick If timber or
appr1priated "a foot of land belonging 10
the Government" under sucn acts, are not
sustained by facts. II IS an nndenlablo
fact that the telegraph companies IN &C.
copting the act of 1860. and afterwards the
supplementary acts, considered they were
caining special and actual dement's when
fully compensated them Tor the lo" rates
intended 10 Ice granted To the Government,
and the representatives, OF the Govern
ment likewise supposed that they were
securing some benefits for the valuable con-
ce,siOus being made 20 the telegraph CON-
pauies. The telegraph companies not only
accepted the acts expecting substantial
benefits would ensue but IN the case OF
the Western Union Telegraph Company
notably great and conspicuous DEMENT'S
have already accrued Under these grants
the company has claimed the rlght 10 use
without compensation Of any KIND as 10
the right of way all the highways OF the
country on the ground of their being post
roads. II has brOadened this claim % the
extent that the streets of cities and towns
are also pOst-rOads, and therefore open
and free TO its occupancy and use. The
conrts have sustained IL IN tins CLAIM.
You are necessarily familiar with tie
Pensacola case. in which the supreme
Court of the United States decided
that the Western Union Telegraph Company
had rights which even the sovereign state
of Florida could not annul. Thus, under
the benefits of this act instead Of not oc-
cupving foot Of public land. as YOU assert
Won are i'm fact occupying many thousands
OF miles of post-roads, AID are privileged
to occupy all the highways IN the United
States. You have thus been able 10 oc-
emmy all the highways and use the streets
in the large cities of Philadelphia and New
York regardless Of The views ot local autho-
rites aud almost regardless OF puDhc OPT
ion. Even the elevated railroads OF New
York city have been claimed rs p0st-roads
New York NAV regulate in use, but Is not
able 10 deprive you Of these great prYi-
leg,s secured 20 the telegraph companies
and maintained 10 them alone by the con-
cressional act of 1850. Beyond this the
streets of all other cities aud towns OF the
United States have been kept open to your
use. | am sure that on reflection YOU Will
hardly claim that such great Dement'S are
purely imaginary"
In other respects your company ana
other telegraph companies have secured
substantial benefits from the Government
and from the public under the acts OF Con-
eress but these l have mentioned are
enough. think. TO sustain my former re-
ference 10 the privileges and Dement'S given
to YOU by the Government, the value on
which, in my judgment, Is beyond caleula;
ton. Comforting such great privileges ana
benefits upon you the Government, IN my
belief expected and is entitled TO receive
not simply your exceptionally. low rates 10
Others, but even lower special rate.
Second. As TO your question Of the legal
mower of the Postmaster-Genoral TO fix the
rate for Government messages, l would
only remark that such right appears 20
have been understood by previous Post,
master-Generals as an official duty, and
the other exercise Of the right or perform
nnce of duty has been generally and con-
stsntly accepted and respected by the teie-
s-raDh companies Ia any event ! should
saw we may agree that the act OF Congress
at least imposes on the PoStmaster-General
the duty TO name the rate and maintain IL
until the Court of Inquiry has shown ~ 10
be unjust. -.
carDoration have receiyeda raie equal IA