New-York tribune., 1899-06-16
CABLE RIGHTS IN CUBA
FORCE MAY BE USED TO PREVENT a
LANDING.
ATTORNEY GENERAL GRIGGs RENDERS AN
OTHER OPINION ON THE APPLICATION
OF THE COMMERCIAL CABLE
COMPANY OF CUBA.


OF THE COMMERCIAL CABLE
COMPANY OF CUBA
Washington. June l5.-Attorney-"ehera. o.es" s
recently received by reference from the Secre'a.'
OF war a letter from Mr. Mackay, president Oh t"e
Commercial Gable Company OF Cuba asking lor "
reconsideration OF the order given by the war De
partnent 10 General Brooke May z, drecthg
him to prevent the landing by the C9mnierc'n, fi az
Cuba TO ccnnect that island with the United states
The Secretary requested an opinion inc nremises In
His reply the Attorney General refers to his former
opinion and says:
Among other things said in that communca51
a es been sna, tha, GS Re STonnding Of cable upon
soil OF the United States. with the intention OF
that means Is a matter which is under the sover-
elgn control OF this Government such control to
Congressional action to be regula ted and controlled
by the Executive Department OF the Government.
Cuba. and the grounding OF cable upon the soil
OF that sland to connect II with foreign county, h
cannot be done and maintained In opposition 10 the
Will OF the Government which exercises sovereign
%s in the the p ned State. STAT sd at !nf
authorities OF the United States have full power IN
the grounding of a cable intended to connect the
island Of Cuba with the United states or any other
Cuba. In disregard Of the INSTRUCTIONS of the war
Department and against lis Will carries out its
proclaimed purpose Of landing It's cable upon the
island OF Cuba connect that island with the
United States you would be justified nG dsrn n using su'n
The foregoing sufficiently answers your request
ises There are. however, some observations in the
ietter OF Mr. Mackay which indicate on his part
lie duties in connection with this subject that l
think it may be useful to refer to some of them
THE WESTERN UNIONS CONCESSION.
As tending justify his intention of creating;
either with without permission, new me OF
cable communication between cuba and the nlteu
Union Telegra ph Company has now and for years
has had a monopoly of the cable communication
This Department has not assumed to pass upon
the validity of the exclusive right when the west @
Union Telegraph Company ana lts ieaSed com ON
panes claim. They have formally hotiied tie d dur
thorites Of the United states of their clam ia mnuSs
a concession granted by Spain alleged 10 con'ut a. T
for forty years and not yet expired The mere IA u
joyine, under grant OF exclusive rght,, Wnat VIA.
amounts a monopoly IL no reason OF ItSeiI WI;
to say that monopolies odious, but there are
concessions which amount to monopone1 Wncn m ia ar
uon of public faith The laying and operation OF
cables especially quarter OF century ago We'e
very common thing for different nations ncludlng nlg
the United States to gran, that would under
take invest the necessary capital "a ana suce Cay 3e 3
connessionaire took also the hazard OF failure ana
loss II loss ensued. they bore ~ II succeinS i . d
profit it was deemed proper 10 secure Tor irltSo S
period 10 those who had risked the venture M Int
enjoyment Of the fruits OF thelr M boraT he
allow other competitors who had not shareu st nv
risk TO come in and take a share OF the Denents' i
With the wisdom Of such arrangemenls ior 20 not
si,ie franchises the executive departments arc !ot
Concerned. The grants made in this country
by Congress and in other countries DE % I Of those
iuteu b Sdnnstcr the Government to deal with the
companies as they mn ma are rafin frienspected lcS
tights 1 Ming Of such concessions and their opera
,ope ,lon 70 commerce and to the countries from
! which the concessions were deriVea'
! GRANTS OF EXCLUSIVE RIGHTS.
! 10 sbow the prevalence of this policy among dit-
| ,ba
-, exclusive ca ble rights granted by England, New
foundland France Spain, Portugal, Brazil feru'
! Ecuador. the United States Of Colombia, Mexico
Japan and the United States The opinion 'heh
says
| C.orcoss,ons OF this kind which carry with them
rIe,fs 70 FOR a neriod of years. constitute
propertv OF which the cOncessionary can no NOR lhoie
| he derived arbitrarily and without lawful reason
~ c,n he deprived Of it's personal tangible as
| SETS In a case in the Supreme Court OF the Uhlteu
| states Mr. Justice Field said: ,,.oo.
"Thc Tinted states have desired to act as great
Nation seeking, In extending tneI sI,,rs bit
over the ceded country to enforce it igIts
10 afford protection and security TO an luSt rSDs
which could have been claimed from the govern
''r re- tbnrsf6re the Western Union Telegraph Com
pany has an exclusive grant M pt exnred il Would
| he vloatIve of all principles Of justice TO destroy
s is EXCLUSIVE y, snt copany II is suggested how
ever in Mr. Mackay's letter that the grant WniGn 1
ine Inc nr assignment Was obtained by fraud
! pTactised upon the Government OF SPAN ana l"i
Such an allegation cannot be falrIy ana a. jHSty Wiy
| tried upon a proceeding like this. Neither the MtI
! Uepartment nor the Department OF JusllIe Hh9
| mower 10 summon witnesses or TO give judgment
! iinrn this question II is essentially question tor
tidiciaI examination and decision and TO determine
Sswcb a matter I'm a proceeding OF this KIND Would
! not only be irregular but contrary 10 the orulnul
rules and procedure practised in such cases NeSteu
! rights which are property ought not 10 De tahen
from any one. even upon charges oi lrtul' tNcsPc N
! hv due process of law. Executivc action by the
| War Department applied to subjects IKE TINS Is
not due process of law.
DUTY OF THE GOVERNMENT.
Mr. Mackay further submits that the tremen-
! dous mower OF the Government should not be eXer-
ciscd against us" II Is the function OF the troV-
ernment 10 prevent far as possible, an lntrlnBe-
| mont Of ne vested rights Of others Mr. Mackay,
| through his company. proposes to set up a coui-
netitiVe cable line which he comedies Will gIeatIy
/, ,rtre The business OF the Western Union company,
| nd although the latter company produces a grant
| Ueriod which has not expired, he requests TINS
! Government to stand idly by while ne does VIII
! the acauiescence of the United states, the very
| thing which the Government Of Spain, our prede,
cessor I'm the sovereignty OF cuba, SOemnlE aBTeeI
! not 10 do or permit to be done.
| I do not think that controversies as 10 grams
and franchises derived from Spain, but eNerclSaple
v,ithin the island Of Cuba or other ISLANDS derived
hv the United States from Spain. ought to be pre-
cipitated a decision In the present unSetteq con
dtion that prevails in those Islands. Il Is better
n nreserve in all of doubt and difficuy tht
nresent status until the full restoration OF the clV
rEeime and the establishment OF permanent govern
ments under which the rights OF all can be duy
md deliberately determined.