Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-06-16
ENCLIsI CABLE TO CUBA.
The Attorney General Discusses the
Western Unions Monopoly.

Attorney General Griggs recently received,
by reference from the Secretary of War, a
letter from Mr.. Mackay president of the
Commercial Gable Company of Cuba ask
ing for reconsideration of the order made
by the War Department to General Brooke,
May p, directing him to prevent the land
ing by the Commercial Cable Company of
Cuba of proposed cable in Cuba to con-
meet that island with the United States.
The Secretary requested an opinion as to
the power of the War Department in the
premises. In the course of his reply the
Attorney General refers to his former opin-
ion, and says:
Among other things said in that COM
munication that the opinion of this DEPART
ment is and has been that the grounding of
with the intention of connecting our terri
tory by that means, is a matter which is
under the sovereign control of this govern
heht such control to be exercised by Com
gress, but in the absence of coneressionaI
actlon TO be regulated and controlled nv the
executive department of the government
nc same principle is applicable to the
iSlahd OF Cuba, and the grounding of a ca
PIE upon the soil of that island 10 connect
with a foreign country, cannot be done
ana maintained i'm opposition to the will
y! the government which exercises soyer-
eign power III the island. That mower at
TIE present time is the United States and
therefore the authorities of the United
o.ates nave fun power, in their discretion,
&c prevent, by all necessary means the
grounding of cable intended to connect
me island OF Cuba with the United States
or any other country. If the Commercial
Cabie Company of Cuba in disregard of the
instructions of the War Department and
against its will, carries out its proclaimed
purpose of landing its cable upon the Island
" Nupa 10 connect that island with the
United States, you would be justified in
using such force as is necessary to remove
and disrupt ii.
The foregoing sufficiently answers your
request for my legal opinion as to your
power IN the premises There are how
eyer some observations in the letter of
Mr.. Mackay which indicate on his part
such misunderstanding of private rights
and public duties in connection with This
subject that think it may be useful to re-
Ter to some of them.
As tending to Justify his intention Of
creating, either with or without permfs-
sion, a new line of cable communication
netWccn cuba and the United States. he
:rs 10 the fact that the Western Union
Telegraph Company has now and for wears
has had monopoly of the cable commu
hfcation between those countries
ms department has not assumed to
pass upon the validity of the exclusive
right which the Western Union Teiegranb
Company and its leased companies claim
They have formally notified the authorities
oI me United States of their claim under
q concession granted by Spain, alleged to
continue for forty years and not vet ex-
PRED. The mere fact that the Western
Union Telegraph Company is enjoying
under a grant of exclusive right what
amounts 10 4 monopoly. is no reason of
Itself why it should be deprived of its con-
tesslo1. Ii is easy to say that monopolies
are odious. bur there are concessions which
amodnt to monopolies which are lawful
ana cannot be disturbed EXCEPT by a viola
lion OF public faith The laying and oper-
alton of cables, especially a quarter of a
century ago. We're attended with great ex-
penSe and risk, and 1t was a very common
thing for different nations including the
United States, to grant exclusive conces-
sions for a term of years to companies that
would undertake to invest the necessary
capital and carry on such enterprises.
With the CHARGES of success, the conces-
sionaries took also the hazard of failure
and loss. If loss ensued they bore it: if
success and profit, it was deemed proper
to secure for a limited period to those who
had risked the venture the enjoyment of
the fruits of their enterprise, and not to
allow other competitors. who had not
shared the risk, to come in and take a
share of the benefits"