The Washington times., 1901-07-04
A CUBAN CABLE PROTEST.
The Postal Company Files Objections
to an OfiiciaI Order.

Secretary Root has received from c. c..
Adams, the Superintendent of the Postal
Telegraph Cable Company. a protest
against the decision of the War Depart
ment recently made in regard to the
transmission of telegraphic messages
from this country to Cuba.
Under the rules promulgated by the
department it is alleged that the United
States officials in charge of the Cuban
telegraphic lines in Santiago are directed
to refuse to receive all messages sent
from this country to Cuba by the United
States and Haiti Telegraph Company,
which is controlled by the Postal Com
pany. This action, it is stated, viii have
the effect of excluding the Postal Com
pany from participation in the business
of transmitting cable messages to Cuba
In his letter of protest Mr.. Adams says:
I'VE understand that you are about to
pass upon this application of the Inter
national Ocean Telegraph Company and
hence we beg leave to submit the follow
ing consideration in opposition thereto;
This application involves going bust
ness of three cable companies and one
land line company, these companies being
the Commercial Cable Company, the Pos
tai Telegraph Cable Company, the United
States and Haiti Telegraph and Cable
Company. and the French Telegraphic
Cable Company
During the years 1899 and 1900. on the
complaint of this same International
Ocean Telegraph Company which is
owned by the Western Union Telegraph
Company, the Commercial Cable Company
was prevented by an order of the War
Department from laying a competing
cable from the> United States to Euba,
chiefly on the ground of the Foraker
amendment. which prohibited the execu-
tive department of the Government from
granting any franchises In Cuba.
Fortunately the Foraker amendment is
not and cannot be involved in this ap-
plcation of the International Ocean TeIe-
graph Company. or, rather, of the West
ern Union Telegraph Company. No new
cable or new franchises are involved at all.
The lines over which these messages are
transmitted by way of New York, Canso,
Haiti and Santiago are lines which have
been in existence many years and their
legal existence is not questioned. Hence
any complications due to the Foraker
amendment are eliminated from the ques-
ton.
Our occupation of Cuba is now other
than analogous to a military occupation
of a foreign country in time Of war.
Since the exchange of ratifcations of the
a foreign country in time of peace, and is
in no way affected internationally speak
ing, by the circumstances that the army
has been used as the agency.
The application of July TO- 1900 of the
International Ocean Telegraph Company
affects the existing traffic Of all four of
the companies named above. it is an at
tempt of the Western Union Telegraph
Company to use the military power of the
executive branch of the United States
Government in Il time of peace to enforce
by peremptory order of the Secretary of
War an alleged monopoly which has been
and is now denied on the following
grounds:
'First-That the grant now owned by
the Western Union Telegraph Company
was obtained by false and fraudulent rep
resentations, which appear on the face of
the grant itself.
Second-ThaJ the grant expired in 1850.
.Third-That the grant was not an ex-
elusive grant.
"Fourth-That there has not been any
legal condemnation Of the fraud or con-
tirmation OF the grant Moreover, the
grant has never been made exclusive.
"Fifth-That the rules of public policy
as laid down by President Grant. relative
TO cable monopOlies, apply TO this Cuban
cable.