The Birmingham age-herald., 1917-07-22

WESTERN UNION TELEGRAM
 ,,;,, ,;n,W"shngton D. C., June 29th 1s17 eos PM.
 Railroad O., Louisville, Ky.
 am informed that controversy exists between the Louisville & Nashville Railroad Company and the Western Union Telegraph Company as to the right to maintain lines and poles the right of way of your company. The Government has no -in- terest in this controversy but the continued main tenanee and operation of the telegraph lines Is sential to the public safety. No damage must be permitted to them, and if necessary the government will seize the lines and operate them for military purposes. (Signed) Newton D. Baker, Sec of War"
 President Smith referred the telegram to Col H. L. Stone, General Counsel for the L. & N, who piled by telegraph as follows:
 POSTAL TELEGRAPH COMPANY
 ~Iouisyie, Ky, June soth 1917, 12 o'clock Hon. Newton D. Baker, Secretary of War,
 Washington, D. c.
 Your wire to President Smith received Western Unions lines on Louisville & Nashville right of way terminated voluntarily by Western Union itself of August IT, 1912, whereupon Western Union by sult m eoera Court at Louisvlile obtained tenn porary injunction enjoining railroad company from taking possession interfering with telegraph lines until Western Unions suits brought to condemn in State Courts were determined. The Courts of Ala bama, after five years litigation, have finally denied Western Unior's right to condemn railroad Com panys right of way in that state These judgments of the Alabama Supreme Court affirmed by United States Supreme Court on 11th instant. The railroad company has entered motion in the Federal ton as far as lines in Alabama concerned, al lowing Western Union reasonable time to from premises, naV1ng suggested three months for that purpose. This Company has no intention to force to effect removal, but is proceeding in an orderly way throIE:: the Federal Court o obtain pessessioa of It's ows right of way, wbicn it has been deprived of for nearly five years wassut being paid any compsnsatieR whatever for and oc- eupaticn thereof Either party has right of appeal service to the Government will result. Railroad Com p4ny has it's own telegraph and telephone lines in heretofore and is now performing Government serv- ice and is ready, able a.i willing to continue such same to extent needed or desired, under it's accep- tance of Act of Congress filed in 1912 with Post Master General It has slso heretofore offered to rent to Western Union space for it's wires rail- road Corapanys pole line, to which they may be transferred without interruption of telegraph service to the Government the public at usual and custom ary rental and has also isreofcre offered to lease to Western Union present l.:ation Railroad right oH way in Alabama at reasonable rental Under will not take any steps which will interfere with railroad company's effort to secure control of it's as s sno nss b n9 to already thus held it for five years Please wire by Postal Telegraph at my expense copy of statement made or filed with you or your Department by Rep resentative of Western Union concerning this con- troversy. H. L. Stone General Counsel.
 Secretary of War Baker replied follows:
 POSTAL TELEGRAM
 Washington D. C., June 30, 1917. H. L. Stone General Counsel Louisville & Nashville
 Ky. Co.,, Louisville, Ky.
 Telegram received. The Government, of course, will do nothing to prejudice the rights of either party in such q controversy No reason exists why you should not proceed to judgment in your rights, lires cannot be permitted If such step should to you necessary, communicate with the War De take over the lines for the Government operation until substitute facilities adequate Letter fol- lows. Newton D. Baker, Secretary of War
 NO KNOWLEDGE OF FACTS
 Secretary of War Baker, under date of July 4th, addressed the following letter to Col Stone:
 In furhsr uy 4h s y ny Dear h 30th, I enclose herewith copy of letter left with the Assistant Secretary of War by Wilson, Huidekoper & Lesh, Counsel for the Western Union Telegraph Company l have not the least nten- tion of interference in this controversy between the louisville Nashville Railroad Company and the is in Court and the rights of the parties will doubt less be adudicated they ought to be without any The War Department, however, feels obliged to in sst that the physical integrity of these telegraph lines De not interfered with in the public intarsst and If 1t should become necessary to do will request the Presidents authority to take the lines, operating them for official communication der such terms and conditions will protect the emergency interests of the Government during the war.
 The action which am taking must, of course, be understood to be wholly without reference to the respective rights of the railroad company and the telegraph company in the legal controversy do not assume any knowledge of the facts of the law, in that matter Respectfully yours, New ton D. Baker, Secretary of War.
 Not havlng received the information requested in his telegram of June 30th and before receipt of the letter from Secretary of War Baker, dated July 4th Col Stone addressed the following letter to the Sec retary of War under date of July 9th:
 Louisville Ky. July 9th, 1917. Hon. Newton D. Baker Secretary of Var Washington, D. c. Dear Sir Your telegran et the 3oth ut, concerning the controversy betw:rr this Company and the Western Union Telegraph cssrYsny as to the latgers right to maintain lines poles on this company's right of way duly seceived. and I am gratified to note your statement thst exists why this company should not proceed to judgment in it's that letter follows" I have not yet received your letter as promised
 "In my telegram, to which yours was an answer I requested that you wire by Postal Telegraph at my expense, copy of statement made or filed with you or your Department hy the representatives of this controversy. assssaed that {hc letter which was to follow your telegram would furnish me with this information
 "Ar that this company is endeavoring to do ia to obtain possession practicable of it's rights