El Paso herald. (El Paso, Tex.) 1901-1931, 1912-02-03
BY FREDERIC J. HASKIN

Washington, D. c., Feb. Seldom
mas a government report attracted the
attention, nationally, that has been
commanded by the recommendation Of
: postmaster general F. H. Hitchcock
! that the government acquire the tele-
graph lines Of the country and operate
them as part Of the pOstOffice sys-
tenn Similar propositions have been
advanced at intervals ever since the
I establishment Of the first line between
Washington and Baltimore in the mid
die 4Os, but the agitation they pro-
duced has subsided and the Hitchcock
4 report was a surprise to the public.
A most interesting feature, one that
has been overlooked in the recent dis
cussiOn, is the fact that the telegraph
companies may find themselves unable
to interpOse constitutional objections
IN the courts II congress and the presi-
dent shall decide TO acquire the tele-
graph properties of the country by
condemnation proceedings. This stu
alton arises from the fact that the COM
panieS already have agreed that the
government shall have the right Of &C
QUESTION. Not only did they agree to
this principle, but later admitted the
agreement and its binding force upon
them.
The Law of 1866.
In 1856 congress passed a law which
provided That all telegraph companies
then in existence or which should
thereafter be Incorporated under state
laws, might have the privilege of con-
structing and maintaining lines over
the public domain, over and along mil
ltary or post roads and across naviga-
bic streams and waters with the right
to take over public lands and neces-
sary building materials. and TO pre-
empt and use such portions OF the IN
occupied public lands not exceeding 40
acres to every 10 miles Of line, subject
TO several conditions.
One Of these conditions was that the
~. 4
spect to the use Of the lines and that
its rates should be determined by the
postmaster general. The second pro-
vision was that. the United States
might, at any time after the expirs ton
OF five years from the passage OF the
act, purchase all lines. property and
effects Of the several lines at appraise-
ment. The third condition was that
no company should be permitted TO use
the privileges conferred by the act IN
til after it had signed a written &C
ceptation OF the obligations and re-
strictiOns Of the act.
All Agreed to Terms.
Practically every one Of the te1e-
graph companies then doing business
agreed to the terms OF the act and
signed the written acceptance required.
mis- whole question was brought m
before congress in 1872, when il was
acknowledged IN report OF David A.
wells, made at the instance of the
western Union Telegraph company.
that the government unouesffo0abIy-
has the right to acquire possession OF
the properties OF the telegraph com
panies- In that report Mr Wells de-
clared that the right to enter into
such possession, apart from the right
OF eminent domain, unquestionabIy
vests in the United States, by virtue
or an act OF congress. passed in 1855,
and subsequently accepted by the
western Union and other telegraph
companies.
Reaches Highest Pitch
me Ilght Tor the government owner
snip 9L OF tne telegraph lines Of the coun-
Try and their opera ton IN connection
a. IN ne postal establishment, reached
rs HIsnest pitch in the early 7Os No
sooner had the agreement Of the tele-
srdph companies to sell out TO the
government in five years from 1866
SaAen erect than numerous plans were Z
uIOuBul forward in this connection, 9
one OF these plans was introduced IN I
congress by Q. Q. Washburn OF Wis
conSin. in 1870. This plan was subse-
quenty endorsed by the postmaster /
general Later president Grant came :
forward IN a strong message in advo-
cacy OF the proposition. This PROPOSE
ton was that the federal government .
should take possession and ownership
u ne entire telegraph system OF the
country which should be Incorporated 4
into the existing postal system, plac-
ing the whole business Of transmit
ting and delivering messages and OF
and operating lines, ex-
cl9slveIy under the control Of the post
office department.
At the same time proposition
brought forward by Gardiner G.. Hub
oard, OF Boston, provided that all mes
seges should be received and delivered
by the postOffice department and that .
a national telegraph company should
be organized to handle the messages
for the government Between these
Two plans and the pronounced OppOsi-
ton to any Interference with existing
telegraphic conditions. such a fight was
precipitated that the whole matter re-
suited IN no action at all
But this did not put an end to the
agitation. On the other hand, II re-
suited in the passage OF a law IN 1874.
the right Of the govern
ment TO acquire ownership by pur-
chase OF the telegraph lines OF the
This act provided that the
United States might for postal, mil
ltary or other purposes. purchase all
the telegraphic lines. property and ef-
-ects OF any or all companies operating
under the act Of 1856. Tt was this act
which was quoted by postmaster gen
eral Hitchcock in his recommendation
Of 1912 that the government should ac-
quire the ownership Of the telegraph
lines OF the country. Mr.. Hitchcock
Is by no means the only postmaster
general who has recommended the ae-
luisition OF the telegraph lines by the
government. The most pronounced ad-
vocate OF the plan was John Wanna
maker. postmaster general under pres
dent Harrison. who made a strenuous /
light to have congress take the neces-
sary steps to acquire the telegraph
ines. On the other hand, William l. /
Wilson. postmaster general under
Cleveland. was strongly opposed to the
government ownership Of the tele-
graph.
It seems that from the earliest his
DRY of the telegraph leading states /
men have felt that 1t occupies pecu-
lar relation to the government service I
md has not been held by them as SUP 5
ect to the general arguments against {
government ownership. One or the
,arliest opponents OF the acquisition OF 7
ne telegraph by the government was Z
Henry Clay. In 1874 he came out N e
avor Of the government ownership CL
he telegraph. declaring: I think such 2
n engine should be exclusively unoer I
he control OF the government i rom Y
hat DAY forward, men who nave Deeh
-nown to oppose the general prlnclpie
4 government ownership have adNo-
ated the government ownership or the
They have held that there
re peculiar reasons why 1t should De y
.ndo- the control Of the government =