The times., 1897-12-26

4 3,
| judiciary, but such question shall be de
| cided irrespective Of anything in this stipu
/, lations,. or in these proceedings contained,
Now, therefore, II is hereby ordered, ad-
/ Judged and decreed that raid report in
| all things be confirmed, and the claimant
/, the Western Union Telegraph Company y
| do have and recover OF ana from the United
, States the sum OF two hundred and fifty
| eight thousand eight hundred and sixty
nine dollars and eightyfo four cents t$25S,-
S69.SQ.
Mr. John C. Fay, attorney for the
Western Union Telegraph Compau3 i'll
this peculiar case, was called on by q
representative Of The Times, and asked If
he desired tC make any stateiuent
concerning the facts just related. He was
handed the story which he read with inter
est, before making any remarks. Mr.. Fay
is an ideal attorney foT such corporation
as the Western Union Telegraph Comp lay.
II .isof alderinanic proportions, good dnatnfad
to joIiucss, a pleasant and convincing
couvefsa tionalist, ,undoubtedlylearned;n IN the
law. ana a quick and accurate reader of
human ature. lie is Just the kind ri a
man that one might expect great ,orpara-
ton would employ TO settle case, cor
hiie he undoubtedly is an able la ,vyer in
him Ly The Times is that he is more
of au auept liz obtaining the best Jf a
bargain in ms X ing settlements. After having
read the story Mr. Fay gave his interviewer
long sharp look and inquired what object
The Times had lit publishing the history Of
the casc and its settler 1T.
He was told that The Times was de-
sirous Of learning why the case was settled
out of court, and why, when there was
such al important issue for the court TO
decide, a decision which might prove
adverse to the telegraph company, Assist
and Attorney General Pradt had waived
the Governments contention instead of let
ting the court Of claims decide It.
Casting another scrutinizing look at his
interviewer, Mr.. Fay, in the most pleasd 1t
maIlnel Imaginable, said:
Immediately after Postmaster &c neral
Wandmaker undertook TO fix the rates FOR
the company below the cost to the 20 IL
pauy of the salaries OF the operators vino
transmitted the messages, the company
made protest, for the rate established
was equivalent TO the c0nfiscation by the
Government of the property of the COM
pany. The first rate Postmaster General
Wanamaker fixed was one mill a worl for
all distances, that is, IL was to cost Il e
Government but one cent for a message
Of ten words TO San Francisco, an eXa,tion
which is pretty nearly larceny
After three or four months, Mr.. Waua-
maker undertook 10 fix a higher rate, | ut
he did not fix the rate high enough to
pay cost % transmission. Suit was begun
b. the company while Mr. Wana inaSer
4. L faI..
evidence and filedit. Mr.. Wanamaker was
called upon to meet that evidence, and to
show hat his rates We're rea sonable. This
he failed to do, but he filed a demurrer
AMI set up the plea that the Postmaster
General had right, under the law, TO
fix arbitrary rates. Tie question was
argued and tEe judges expressed from the
bench from time to time opinions that the
Postmaster General was wrong in lis
cla ina
Heie these expressions of opinion in
tn nature of decisions?"
No. they were merely utterances lur
ing the argument. which indicated how
he judges felt on the question"
Continuing, Mr.. Fay said: Assistant
Attorney General Cotton bad the case for
he Government, and he beca me SO con
vinced that the demurrer wusId not staad
hat he withdrew it. The case went far
enough. However, to satisfy all that the
government had no case and that the
judges would decide against it. AnUt aer
contention was that the telegraph act
only applied to such lines 4 had 'een
aided by grants from the Government,
and tha ne such lid had ever been given
he Western Union Company"
Mr. Fay called attention TO the first
petition of the court, which he presented |
in CON. ectioE with tins case, and quoted is
follows:
And your petitioner further AYERS that |
10 authority is vested in the Postmaster |
General under the terms Of the act afore- |
aid t. fix the rates OF compensation over |
my ot the noIi-aided lines of your petitioner, |
cor tC arbitrarily and finally fix any rate |
lpon any OF their aided lines if any tX-
81, other than fair and reasonable, rate,
md one subject To review by the i.i,iiCial
department. Of tie United states, Il ld cry
ttempt Ito fix rates in any other ma InerD |
would infringe the constitutional riglirs of
'our petitioner, and would be an attethDt |
o deprive your petitioner OF property with.
ut due process OF law"
La wing aside The pamphlet FROM which
c had Just read, Mr.. Fay said in bis
most pla ausihle manner: You see by that
he Postmaster General couldn't fix the
ate below the proper figure. hat lie
hould make rate that would he Just"
The contention of The Times is not
% much that Mr.. Wanamaker's rate WAS
proper one, as that the Attorney sen
raj shcGl1 lave waited for the 'out
% have rendered q decision in tie ,aSe,"
uggested The Times man.
The suggestion 10 settle the case did
ot con e from me. 1t originated with the
ssistart Attorney General, who suggest
d to US that we should not press the
uestiun of the right of the Postmaster
ieneral to fix the rate. The waiver came
rom Postmaster General Bissell, Who want
d it put in for the protection of tie GOV
against future eases"
Would it not have been better to
ave had the court determine the ~ IS
on once and for all time as to the power
f the Postmaster General to fix rates?"
$50 far as the company was con cerned
'e would have preferred IL, but it was TO !
ie Advantage Of the Government not TO
ave the point settled. If the decision
ad been against the Government, and it
. doubt would have been, we would have
Otained judgmentfo for more than $500 900.
it had been in favor of the Govern
ent we would lave received ST so, 600.
The case vas settled for little more
:an $25S, ,000?'
- Yes
md the Western Union Company was
,nfident OF winning it?''
"0h, yes"
Then don't you think the Western
MON Telegraph Company was unusually
,neiouS In making the Government a |
ncn 1nf oh |