The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-03-26
RULING BY MIR. GRIGGs.
Commercial Cable Company Haired
Out of Cuba md Porto Rico.

WASHINGTON, March 25--Attorney Cen
eral Griggs to-day rendered an opinion in
the matter OF the application OF the Com
mercal Cable Company OF the United states
for permission to land a submarine cable IN
Cuba and Porto Rico, holding that the right
could not be granted. The decision Is based
both upon the position of the executive
branch Of the government and the declara-
ton OF Congress in the Foraker amendment
TO the army appropriation bill of the last
session. The attorney generals opinion was
given in response to a request of the secre-
tary of war, to whom the APPLICATION was
made. He holds that the disposition OF the
matter rests properly with the head of the
War Department, saying on this point:
so far as the application of the CONNER
cial Gable Company for leave to land its
cable in the United States is concerned, the
matter is properly, under the practice here
tofore established, within the jurisdiction
and control of the Department OF state, act
ing for the President. So far as the Landing
OF cable in the Island Of Cuba Is con-
cerned. the subject is under the control OF
the War Department by reason of the fact
that the United states is exercising IN the
Island of Cuba administration under the
law OF belligerent right, it's occupancy being
OF a military nature and merely tempo
rary"
The position of the executive departments
OF this government on the general subject
OF franchises In Cuba, as established In pre-
instances heretofore where Application
has been made to this government exercis-
ing the temporary control and government
OF the Island of CSIba. for grants or con-
cessions which usually flow from the deposit
tory of sovereign power, the executive de-
partmentS have taken the ground That un-
der the circumstances by which the United
States came into the temporary administra-
ton Of affairs in Cuba, and in view OF the
fact that IL is the declared purpose of the
United States. when a stable government
shall have been there established, to retire
from the island and leave the government
pedient to grant such applications, except in
case or absolute necessity.
The attorney general then refers TO the
executive order of General Brooke pro-
hibiting the granting of franchises In the
island except upon the approval CT the sec
rotary of war and adds: This cautious and
conservative policy is sustained by constd-
erations OF prudence and by proper re-
gard for the reversiOnary right Of the future
government OF the island of Cuba. In aff1r-
nation of the executive policy SO declared
March 3. 1899. decided that no property.
franchises or concessions of any kind what
ever shall be granted by the United States,
by any mill tary or other authority what
ever in the island OF Cuba during the &C.
cupation thereof by the United States.
While not meaning to cOncede that Con-
gress. by legislative act, has power 10 re-
strain or control the proper exercise OF the
powers of the commander-in-chief OF the
army and navy OF the United States. occu-
plying under the law belligerent rights OF
foreign territory-a question that may Well
be open TO doubt-yet the expressed will and
desire Of the Congress, conforming as II
ooes to the previously established policy
and practice OF the executive departments,
Is entitled to the respect of the executive de-
partments and ought to be followed unless
some high necessity requires otherwise"
In conclusion the secretary Is advised
that II would be inexpedient under all cir