Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-03

rThe Postmaster Generals recent advocacy OF
the government acquisition OF the telegraph sys-
lem TENS ms Sea caus.u eemeIa oeuSnh h LOT
either the cause Of the advocates of the OPP
ponents of the Hitchcock plan Mr.. Haskell. In
the facts in the and review the history OF
the relations Of the government and the tele-
graph companes)
Seldom has a governmental report at
tracted the attention. nationally, that
has been commanded by the recommen-
dalton of Postmaster General Frank HI.
Hitchcock that the government acquire
the telegraph lines of the country and
operate them as part of the post Office
system Similar propositions have been
advanced at intervals ever since the es-
tablishment Of the first line between
Washington and Baltimore in the middle
forties. but the agitation they produced
had subsidized and the Hitchcock report
was a surprise to the public.
A most interesting feature. one that has
been overlooked in the recent discussion,
is the fact that the telegraph companies
may find themselves unable to interpose
constitutional objections in the courts If
Congress and the President shall decide
to acquire the telegraph properties of
the country by condemnation proceedings.
This situation arises from the fact that
the COHipdulcS AITcduy nave agreed tQaI
the government shall have the right of
acquisition. Not only did they agree to
this principle, but later admitted the
agreement and its binding force upon
them.
y X
In 1896 Congress passed a law which
provided that all telegraph companies
then in exist
Passed a Law ence. or which
Favoring Companies. s sfter he s"ei ip-
corporated under state laws, might have
the privilege Of constructing and main
tanning lines over the public domain, over
and along military or post roads and
across navigabie streams and waters,
with the right to take over public lands
and necessary building materials, and to
pre-empt and use such portions of the
unoccupied public lands not exceeding
forty acres to every fifteen miles of line.
subject to several conditions
One of these conditions was that the
government should have priority in re-
spect to the use of the lines and that
it's rates should be determined by the
vision was that the United States might,
at any time after the expiration of five
years from the passage of the act, pur-
chase all lines, property and effects of
the several lines at appraisement. The
third condition was that no company
should be permitted to use the privileges
conferred by the act until after 1t had
signed written acceptation OF the obli-
cations and restrictions of the act.
Practically every one of the telegraph
companies then doing business agreed to
the terms of the act and signed the
written acceptance required. This whole
question was brought up before Con-
gress In 1872, when it was acknowledged
in a report of David A. Wells, made at
the instance of the Western Union Tel
unquestionably has the right to acquire
possession of the properties of the tele-
graph companies. In that report Mr..
Wells declared that the right to enter
into such possession apart from the right
Of eminent domain unquestionably vests
in the United States by virtue of an act
of Congress passed in 1866 and subse-
squently accepted by the Western Union
and other telegraph companies.
The fight for the government owner
ship OF the telegraph lines of the coun-
try and their opera
Fight Reaches ton in connection
Highest Pitch. taS sa ne p0a reached as
Its highest pitch In the early seventies.
No sooner had the agreement Of the tel
egraph companies to sell out to the gov
eminent In five years from 1866 taken
effect, than numerous plans were brought
forward In this connection. One OF these
plans was introduced In Congress by c.
c. Washburn of Wisconsin in 1870 This
plan subsequently, was Endorsed by the