New-York tribune., 1899-03-26
CANNOT LAND A CABLE.
APPLICATION OF THE COMMERCIAL
COMPANY DENIED.
ATTORNEY GENERAL GRIGGs DEFINES THE
POLICY OF THE GOVERNMENT IN REGARD
TO GRANTING FRANCHISES IN CtBA
AND PORTO RIO


To GRANTING FRANCHISES IN crBA
AND PORTO RICO
Washington. March 1J.-Attorney General Grggs
to-day rendered an opinion on the application Of
tho Commercial cable Company Of the United
States for permission to land submarine cable
in Cuba and Porto Rico. holding that the right
could not be granted. The decision is based both
on the position Of the executive branch Of the
Government and the declaration OF Congress in the
Foraker amendment to the Army Appropriation
bill OF the last session.
The Attorney Generals opinion given in re-
sponse TO a request from the Secretary Of War. to
whom the application was made. lie holds thdt
the disposition OF the matter rests properly with
the head Of the War Department, saying on this
point:
So far the application Of the CONNER ,aI
Gable Company Tor leave 10 land its cable IN the
United states is concerned. the matter Is properly
under the practice heretofore established. within
the jurisdiction and control Of the Department OF
state acting for the President So far as the iAnI-
ing OF a cable in the island Of cuba IS concerned
the subject is under the control Of the war ia
partmont by reason OF the TACT that me nLIsu %
ties is exercising In the island of cuba ADMIN, IN.
istration under the law OF begerent rights us
occupancy being Of a military nature ana mere!
temporary
The position OF the executive departments or
the Government on the general subject OF fran
chises in Cuba as established in previous cases Is
outlined follows
In all instances heretofore. where Applications
have been made to this Government. exercising
the temporary control and government OF the isi-
and Of cuba. for grants or concessions ~ wniCn
usually flow from the depository OF sTNtle.s, n
power. the executive departments have taken ne
ground that under the circumstances by Whcih @ tme
United States came into the temporary aefhtl'saa va,
lion OF affairs in Cuba. and In view or the iac!
that 1t s the declared purpose OF me / ohlseu heeu
States. when stable government shaIl nav nav pe rh
there established. to retire from the iiithG ana
it would be- inexpedient to grant such Applications
except In case OF absolute necessity. .,.
The Attorney General then refers 20 the executive
order Of General Brooke prohibiting the granting
Of franchises in the island except with the APP
proyal OF the Secretary Of War, and adds:
This cautious and conservative policy is sustained
by consideration Of prudence and by proper re-
srrn,aYi 81 me island Of cuba In affirmation OF
The executive policy 50 declared and followed con-
gress bv net approved March g. 1899. directed that
no prou.rtv fr3nchlses or concessions Of any kind
whatever shall bee granted hy ne Lnl'tu o."to m ,S
by any military or other authori'y @ ttraof by
Wb1e not meaning to concede that Congress BY
l.eisattyr act mas power 20 restrain control the
proper exercise OF the powers Of the CCmmander1
in-dhief OF the Army and Navy o. the hiItt mr.
States occupying under the law OF bellgerent rEht
foroign territory question that may wen ne optI
To- iouht-vct the Expressed will and desire 0i
Congress conforming as /, does. to the previously
established policy and practice of inc
md nurht +" b. followed unless some
hish necessity requires otherwise
In conclusion. the Secretary is advised that II
would he inexrclient under all the circumstances
T., iran, permission to the applicant in this case
70 land its cable upon the soil Of cuba"
WITH reference to tho landing Of the cao'e !"
Porto Rico he says:
lnasmuch as the permission 70 land us cap'e no
upon the soil II Porto Rico seems 10 IepSiiiu IP ~
Gub5 In, sane order should be made win Ielrto t
encc TO tnat part OF the appcauon aitSoutsn ,.ec %
,rctirnstau noes under which the United states ~,
tains control and government OF the two lSlaluS
are materially different
Referring TO the contention of the western '''o"
Company. which opposed the cohceSSlo" ~ '''
commercial Company MI. Griggs says
Tho conclusion which I have arrived AZ renders
f ,,rreceesary for me 10 discuss or decide tne on
iectons raised behalf Of me N9srrm cry
.r,,cqranh Company lessee Of the lnterldl ~
f,obIc Eomranv Of New-York which conpasnIes s
cajrn an exclusive grant under concession toi IL ~
Spain made In 1871. when exclusive e'""'' -
claimed has not yet expired