The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-20
PRESIDENT ovERRULED.
A DEOIsI0N THAT REVEALS a CON-
TROTERsr WITH FRANCE.
seiiciter General Richards Centeuds That the
President uas Power over the Landing or
ForoiEn Cables Pending Actien By Congress
-Frcnch Cable Landed without n Permit.

solicitor GeneTni Richards Contsnds That the
Preaident unas Power over the LsndinE OF
Foreign Cables Pending Actien by ConErass
-Frcnch Cable Landed without n Permit.
WASHINGTON, Jan. 10. = solicitor General
Richards has rendered an important opinion
Oh a question raised by the arbitrary action Of q
French company in landing a submarine cable
without permission on the shores Of the United
States. He holds that tho President has tho
power, in the absence Of legislative enactment,
to control tho laying of foreign submarine
cables, thus ovorruling the contention Of Presi-
dent Mckinley in d denying tho application of tho
company. Tho opinion has brought to light an
interesting diplomatic controversy between
France and the United States. .-
Tho French Company Of Telegraphic Cables
1.-THE English translation) applied to the Presi-
dent for permission to land a cable supplement
tary to the line from Cane Cod to Brost. When
Mr.. Mckinley declined to act on the applica-
tion, ION the ground that he had no authority to
dose without permission of Congrcss,tho French
Government took up the matter, and through
diplomatic channels urged that the President
was clothed with ample Jurisdiction: While
these negotiations were proceeding the State
Department heard that q French steamer was
at Cape Cod with all the paraphernalia neces-
sary to land q telegraphic cable there. Soore-
tary Sherman protested In a note to the French
Ambassador here against any such arbitrary
HCJlOn, WARMING nlIn UuJ II COMPANY WOu1u
make the landings. ut its peril. Despite Mr..
Sherman's admonition part OF the cable was
laid. Mr.. Sherman demanded that the work
cease at once, and Ambassador Patenotre sent
notice to the cable company. but too late to be
effective.
For twcnty.four ycars. during tho Admins
tration of four Presidents OF the United States,
it was the practice of the several Chief Execu-
tives to pass upon applications for permission
TO land foreign submarine cables in the absence
Of legislative enactment. and: incidentally. TO
regulate the operation of foreign cables in the
protection Of the interests of this country. A
tost case in the courts resulted in q decision Of
a United States judge supporting the practice.
Secretaries Gresham and Olney held opposite
views and carried their point with Mr.. Glove
land. solicitor-General Richards. in his writ
Treating a cable simply as an instrument
Of commerce, it is the duty of the President.
pending legislation by Congress, to impose
elimination. prevent monopolics. promote com
petition. and secure reasonable rates. The
Executive, permission to land a cable is, Of
course, subject to subsequent. Congressional ac-
ton. The Presidents authority.to control the
landing of n foreign cable does not flow from
his right to permit it IN the sense OF granting q
franchise. but from his power TO prohibit 1t
should he deem 1t an encroachment on our rights
or preiudicial to our interests. The uncondi-
tional landing Of E foreign cable might be be both.
under .judicious restrictions and conditions
might be neither. and therefore to be permitted
in .i the nm promotion re not onin Of lnt tharefnpn tb ,nte sSs Prise.
ident has the power. in the absence of legiela-
tive enactment, to control the landing Of foreign
landing. II the rights intrustfed to his care so tie
mand, or permit 1t on conditions which will
protect the interests of this Government and
Its citizens. and II a landing has been effected
this Government. respect for its rights and
compliance with its terms may BIO enforced by
Inc. Unless II SIS the necessary conditions are &C.
cepted and observed"