Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1889-08-09

Western Union In Support of His IA.
titude In the Contro versy with Posx.
master General Wanamaker.
EXECUTIVE OFFICE WESTERN UNION J
TELEGRAPH Co.
NoRvIN GREEN, President.
New YORK, Aug. 8, 1889.
Hon. John Wanamaker, Postmaster General
Dear Sir: Acknowledging yours of Aug.
I'd, beg to say that much regret that the
publication of my letter to which you refer
was rendered necessary by the extraordinary
statements "on information furnished this
your department" Contained in your letter
of July 18th, and extensively printed in the
newspapers on the following day you
again refer to the privileges and benefits de-
rived by this company drought the acts of
congress, and especially the act of 1866; you
say: "Under these grants the company has
claimed the right to use without compensa-
ton of any kind as to right of way all the
highways of tbs country on the ground of
their being post roads. 1t has broadened
this claim to the extent that the streets of
cities and towns are also post roads, and
therefore, open and free to its occupancy and
use. The courts have sustained you in this
claim. Either you or we are very badly in-
formed by our respective legal advisers as to
what has been claimed by the telegraph COM
pany and held by the courts in respect to
the scope and authority of that grant. I
have had occasion from time to time to go
through the records in gieat many CAGES 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 1886 was franchise and tight to
n toll y, lr,oi, ~, oil <1a CHo$a
this franchise was given alike to all tele-
graph companies or other parties who might
accept it, and subsequently, by what was
known es the Butler amendment, it was es-
pecially extended to all railroad companies.
But the act never assumed to give, and
could not give, the light to plant our poles
on any but lands actuelly belonging to the
government, and that right we have very
rarely exercised except when the govern
ment wantad Us to extend lines for the con-
venience Of the government into its navy
yards and military stations and posts, or TO
department quarters in the city of Wpshing-
ton. Had you carefully read the decision in
the Pensacola telegraph csse to which you
refer, you would not have fallen into
such a grievous elTor upon this point.
The railroads are post roads as we'll
es some Of the highways, and If the govern
ment gives us the right of way on post roads
why should we have to pay the railroad COM
panies fer it. We have to contract for and
obtain our light of way from the parties who
own them, whether railroad companies, turn
pike and plank road companies or individual
land owneIa; and in case of streets and high
ways we have. to obtain license from the city,
county or State authorities or condemn I'M
der authority Of State laws. sincerely wish
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 that act, may prove sound in law,
but we have not relied upon that grant and
are satisfied the courts would not sustain
your views.
The letter then goes on and says: We
seem to be getting nearer together as to tine
power and duty of the postmaster general to
name the rate of tolls to be paid on govern
ment messages. I only claim that this power
and duty are limited by the constitution to a
Just compensation for the service required
and that Just compensation must cover the
actual cost of the service with something
added for the nee of facilities necessary to
perform it; and as you say the government
is willing to pay just rates, we have come
quite to an az ceement on the principle that
must govern the fixing of rates to be paid
still insist that the government is our most
favored customer and that the rate for gov
eminent service during the past five years,
considering the character of the service, is
lower than that gwen to any other patron.
| The government rate hcs been one cent per
word for q thousand miles or less. You may
| make up a supposed message with address
l and signature of unusual length, and twenty
| words in the body sent short distance,
| under one-half rate contracts with certain
| transportation companies and show that it is
| a trifle less than the government rate, bu!
l the half rate is generally higher, and you for
get that this half rate in money is not all We
get. To 1t must be added the value of wha
those transportation companies do for us
That when you supply even the stronges
supposed case to message between
New York and Chicago or Weshing
ton and St. Louis you will fin
the government rate is the lower
| DR.. Green then continues his letter will
many strong arguments in support of his pc
sition, and concludes es follows:
The sum of it all is that the government
has given US nothing that cost the govern
ment anything, or that was of any value
| to the government, to retain nothing that ha
not been worth more to the gov
eminent and the public than we
should have than it has beer
worth to us: whilst in consideration therefor
the government by its reserved power hai
been making a saving for number of years
at the rate of nearly, if not quite, one humid
red thousand dollars year in the cost of itt
| telegraph service below what other customer
/, pay, whilst it enjoys as it should, preferred
service over all other business.
1 have the honor to remain very respect
fully yours, NoRvIN GREEN,
President.