Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-08-09
COMING BACK AT HIM.
Norvin Green Sends a Sharp Reply to
the Postmaster General.
SOME VERY STRONG STATEMENTS
An Intimstlon That Mr.. Wanamaker is
Very Badly Informed.
NO GOVERNMENT GRANTS OF VALUE
To Anybody Else Have Ever Been Given to the Tele-
graph Company.

DR.. Norvin Green, President of the West.
ern Union Telegraph Company, is out in Q
lengthy letter in reply to communication
of Postmaster General wanamaker. He
takes strong ground against the statements
made by the latter. Some of the remarks
| are almost direct contradictions.
NEW YORK, August 8-Dr. Norvin
Green, President of the Western Union
Company, sent to Postmaster General Wan
amaker the following response to his recent
letter:
| Ho n. John Wanamaker, Postmaster General:
DEAR SIR-Acknowledging the receipt of
| your letter of August 2 beg to say much re-
| gret that the publication of my letters to you,
| to which you refer. was rendered necessary by
the extraordinary statements ION information
furnished this (your) department contained
in yourletter of July 13, and extensively printed
in the newspapers on the following day.
You again refer to the privileges and benefits
derived by this company through the acts of
Congress. and especially the act of 1865. You
| say: Under these grants the company has
claimed the right to use, without compensa-
highways of the country, on the ground of
| their being postroads. 1t has broadened this
claim to the extent that the streets of cities
a%d ree to ts and S
courts have sustained 1t in tins claim"
A DIRECT CONTRADICTION.
Either you or we are very badly informed by
our respective legal ad visers as to what has
been claimed by the telegraph company and
held by the courts in respect to the scope and
authority of that grant / have had occasion
| from time to time to go through the records in
| a great many cases, butI do not recall any in
stances in which claim has been made and sus-
tanned by the courts. What we understand the
q franchise and right to do telegraph business
| in all the States, and this franchise was given
alike to all telegraph companies, or other par
ties who might accept it; and subsequently, by
what was known as the Butler amendment, it
was especially extended to all railroad compa-
nies.
But the act never assumed to give US, and
could not give us. the right to plant our poles
| on any but lands actually belonging to the
Government; and that right we have very
| rarely exercised, except when the Govern
vcnience of the Government into its navy
yards and military posts and stations, or to its
department Office in the city of Washington
Had you carefully read the decision in the
Pensacola telegraph case to which you refer,
you would not have fallen into such grievous
error upon this point.
Chief Justice Waite, IN the body Of the
isse % under 1 consideration: .No question arises @
as to the authority of Congress to provide for
the appropriation Of private property to the
uses of the telegraph, for no such attempt has
been made. The use Of public property alone
is granted. If private property is required, it
must. SO far as the present legislation is con-
cerned, be obtained by
PRIVATE ARRANGEMENT
with its owner. No compulsory proceedings
are authorized. State sovereignty under the
constitution is rot interfered with. Only na-
\ ~szGz.
in this case. therefore, was that the State Of
Florida could not prohibit the Western Union
Telegraph Company from erecting and operat-
ing its lines of telegraph in that State, after it
had acquired right of way for it's plant from
a railroad company of that State, but it did
not hold that 1t was exempt from the obliga-
tion to buy or condemn under state statutes,
the property necessary to enable 1t to build its
lines.
The railroads are post roads, as wen as some
of the highways. and If the Government gives
we have to pay the railroad companies for itf
We have to contract for and obtain our rights
of way from the parties who own them. whether
railroad companies. turnpike and plank road
companies, or individual land owners; and in
case of streets and highways we have to obtain
license from the city, county or State autbori-
ties, or condemn under authority of State laws.
I sincerely wish that your ideas of the law
that we "are in fact occupying many thousands
of miles of post roads, and are privileged to
occupy all the highways in the United States,
under the grants OF tnab act may prove sOuuu
in law: but we have not relied upon that grant,
and are satisfied the courts would not sustain
your views. Our occupancy OF the streets is
Away by license of the local authorities or of
the State, and in the case of the Elevated Rail-
road Company in the city of New York, to
which you refer, we pay the companies who
own the structure for the right to string our
wires thereon.
ANOTHER FEATURE.
second-We seem to be getting nearer to-
gether as to the power and duty of the Post
master General to name the rate of tolls to be
paid on Government messages 1 only claim
that this power and duty are limited by the
constitution to just compensation for the
service required; and that a Just compensation
must cover the actual cost of the service with
something added for the use of facilities nee
essary to perform 1t; and as you say the Gov
ernment is willing to pay just rates. we have
that must govern the fixing of rates to be paid.
Third-I still insist that the Government is
our most favored customer and that the rate
for Government service during the past five
years. considering the character of the service,
is lower than that given to any other patron.
The Government rate has been cent per word
for 1000 miles or less. You may make I'D a
supposed message, with address and signature
of unusual length. and 20 words in the body
sent q short distance, under our half rate con-
tracts with certain transportation companies
and show that it is a trifie less than the Gov
ernment rate but the half rate is generally
higher. and you forget that this half rate In
money is not all we get. To 1t must be added the
value of what these transportation companies
do for us. But when you apply even the
New York and Chicago, or Washington and
ST. LOUIS, you will lind the Government rate is
the lower.
NOT A PROPER COMPARISON