Evening star., 1899-03-02
A CABLE TO CUBA
Western Union and Postal Telegraph
Companies at War.
ATTORNEY GENERAL GRIGGS REFEREE
Bold Charges Made in a Contro.
versy Between Corporations.
THE POINTS AT ISSUE

! Active and open warfare has at last been
inaugurated between the two great tele-
graph companies of this country and the
| first engagement in the long-expected bat
| tie is now in progress. The casus belli be-
| tween the two corporations, which are the
Western Union and the Postal Telegraph
companies Is cable to Cuba. The Com
mercial Cable Company Of Cuba is cor
| poration, organized on February 10, 1899.
| in the state Of New Jersey, for the purpose
| of laying and operating cable from the
United States to Cuba Its authorized cap
| ital stock Is $500,OG0 Its president is Clar-
ence H. Mackay. who is also vice president
of the Commercial Cable Company. Its
vice president and general manager Is Geo.
| G. Ward, who is vice president and gen.
eral manager of the Commercial Gable
Company. It's treasurer is Edward c. Piatt,
| treasurer Of the Postal Telegraph Company
and the Commercial Cable Company Other
directors are Albert B. Chandler, pres
| ident of the Postal Telegraph Company
George Ciapperton. traffic manager Of the
Commercial Cable Company, and Albert
! Beck. secretary of the Commercial Gable
Company.
Really the Postal telegraph.
In other words. all the persons interested
| in the Commercial Cable Company OF Cuba
are representatives of the Commercial
| Cable Company of New York and the Post
al Telegraph Company. and the purpose Is
to lay and operate the proposed cable to
Cuba in connection with the Postal Tele-
graph Company and the Commercial Cable
Company. The Postal Telegraph Company
operates land lines throughout the United
States. while in connection Herewith the
Commercial Cable Company operates sub
marine cables from America to Europe.
An application has been made by the
Commercial Cable Company of Cuba to the
Secretary Of State of the United states for
permission to land the proposed cable In
| the United States and in Cuba This ap-
plication, SO far it relates to the land
| ing in Cuba, has been referred by the Sec
retary of State to the Secretary of War;
| for the reason that the War Department
| Is in charge of Cuba at the present time
| The Secretary of War has referred the
application to the Attorney General. where
| it is now pending, and before Wnom tnlS
hearing Is had.
Western Unions Protest.
But now comes a protest against the
granting of this application. This protest
is made by the Western Union Telegraph
Company as sort of lessee of the cable
| line which now exists and is in operation
| from Punta Rassa, Florida. to Havana,
Cuba. This protest makes the claim that
| the Western Union Telegraph Company is
entitled to a monopoly of cable line and
cable business between the United States
and Cuba until December 5, 1905, by reason
of an alleged monopoly granted December
| 5, 1866 for forty years, by the Spanish gov
ernment to the International Ocean Tele-
graph Company, the alleged lessor to the
Western Union Telegraph Company.
Hearing by the Attorney General.
Owing to this protest the contention was
referred to Attorney General Griggs for
settlement, and this afternoon was de-
voted by him to hearing arguments by rep
resenta tives of both companies. The West
ern Union was represented by Rush Tag
| CART of New York and J. Hubley Ashton OF
this city, and Manager Marean of the local
Office was an interested listener. The Pos
tai Telegraph was represented by its gen.
eral counsel, w. w. Cook of New York, ex-
Senator M. C. Butler of South Carolina and
Colonel Tom Ochiltree.
The hearing was opened by Mr.. Taggart
to him Mr.. Cook declared that the Com
mercial Company of Cuba challenged the
validity of the monopoly,
Fraud Charged In the Brief.
He presented a brief which, among other
things. charged that this monopolistic
grant was obtained by false and fraudulent
misrepresentations. and that 1t Is Illegal
and void. and claims that this monopoly
should not now be upheld. even If it had
been valid IN its inception. Its reasons are
as follows:
when we say false and Translucent mis-
representations VIC are prepared to prove
the same These proofs are found in the
very grant itself from Spain. We were un-
able to find a copy of this grant in Amer
ica, and could not find in TINS country even
synopsis Of its terms. We accordingly
have obtained a copy from the archives in
Madrid. We charge that the Spanish grant
nj Dpce mhPr = 1854 International
Ocean Company for a monopoly of cable
lines between Cuba and the United States
for forty years, is fraudulent, illegal and
void by its very terms, because the grant
itself shows that it was granted and grant
ed only because of statements which were
false and fraudulent. This Spanish grant
Of December 6, 1866, recites that forty
year monopoly Is granted by Spain because
"A law made by Congress and the SEN
ate of the United States had given a similar
concession to the same company for the
period of forty years as regards the waters,
roads, coasts and territory subject to it's
jurisdiction; therefore no good reasons
were left, Notwithstanding the freedom Of
the seas and the sovereignty of Spain over
its jurisdictions and its coasts to give per-
mission to any other conceSsionary to lay
a cable from the Island of Cuba, as 1t
would be impossible to land the same in
North America on account of the exclusive
concession granted to the International
Ocean Company.
THE grant then continues to recite that
the spanish government, altn0uRn recOR-
niZing. as already explained, the influence
of the legislative acts of the American
Union regarding the subject in question.
your majesty's government is left at lib
erty to determine what at the right time
it may judge convenient regarding such
other cables as may leave the Island of
Cuba for any other points than t!losc tf the
United States. Besides which, as it is pos
sible that the legislative body of the United
States may at any time repeal or NOS ify
the act granting forty years exclusive
privilege to the International Telegraph
Company. it has been deemed right to
make such reservations regarding this
point SO as not to carry beyond the indis-
pensable time the restriction required uH-
der the circumstances.'
Fourteen, Not Forty, Claimed.
Now. is it fact that Congress and the
Senate Of the United States had granted a
monopoly for cable lines from the United
States to Cuba for forty years? 1t is not
a fact. On the contrary, the grant from
Congress and the Senate of the United
States was for fourteen years and not forty
years. The United States grant was made
on May 5. 1866. It is found on page A Of
Volume XIV Of the United States Statutes