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

And the L. & N. puts the Western Union Telegra
 will be as promptly and vigorously exposed The complete hearing and final dissolution of the tenn porary injunction.
 In spite of these facts the Western Union secured afhdavlts throughout Alabama, and in sections oS Florida the misrepresentation that destruction of Western Union property by the L. X N. imm- nent, with consequent serious interference with the successful prosecution of the world war.
 Adjutant General c. J. Hubbard, of Alabama, was induced to sign an affidavit wherein rected the serious consequences to the mobilization of troops Tn Alabama, which concludes 'any destruc- tion or interference with the Western Union Tele- the Louisville & Nashville Railroad Company in Alabama would be most serious handicap to the military service and asks that said lines of said with until reasonable time after the termination of the present war;
 Commandant C. P. Nelson of the United States Navy Aeronautic Station at Pgrsacola Fla, concluded with the reqaest that the lines of said telegraph company be not ordered removed from the right of way of said railroad company until reasonable time after the termination of the present world war"
 United States Marshal Jas. B. Perkins, for the Northern District of Florida, was induced to give affidavit outlining that serious consequences would result to the business interests naval vessels and merchant marine service and concluded with the request that the lines of said telegraph company in Alabama be not ordered removed from the right
 
 time after the termination of the war"
 Glow many misrepresentations are being made in the of the warD
 Many other patrinfic citizens who signed afida- wits upon similar msrapresentations later expressed regret and stated had they known the facts in the refused outright to sign the asdavits, and others gave counter afhdavTts, upon being told the facts in the case, withdrawing and refating statements contained in the Western Union af6davts.
 MAKES THE WAR THE EXCUSE
 Having completed its chain of misrepresentation the Western Union caused its attorueys te present in conference its tissue of distorted facts to Sec retary of War Baker, the conference eliminating in the following formal letter addressed to the Union
 Washington, D. G. June 28th, 1917. Hon New Sir: Confirming conversation yesterday with several officials of your department, and behalf of the Western Union Telegraph Company we peg to ss interest, and particularly the Army and Navy.
 "A motion will be heard tomorrow in the Federal the territory of the State of Alabama, ar injunc- ton heretofore obtained by the Western Union Tele graph Company restraining the Louisville and Nash rights of way of the railway company the pcles and wires of the telegraph company. If the motion is. vile Railway Company will immediately cut down the poles of the telegraph company upon it's right of way-(the Western Union attcrneya had positive knowledge to the contrary June 18th, before they wrote this letter on June 2Sth)--and, as glance the map will show this will result in the crippling of the service of the Western Union Telegraph Company in the State of Alabams aud also its inter state service routed through the State of Alabama
 Under the Act of July 24th 1866 (Rev. Stat. Par 5263 ct. seq) the Western Union Telegraph Company is rendering service to the War and other Departments at rates fixed by the Postmaster Gen. eral and the kilograms of the Government have the Government has right to acquire title to the Company's lines.
 "Affidavits obtained by the Telegraph Company andt ta ha at fha haor chn hat tha service from the War Department at Washington to points the Mexican Border is frequently routed via Montgomery and Mobile, Ala, the right of way of the Louisville and Nashville Railway Com pany. Numerous other Governmental services are rendered over these lines affecting other Depart ments The afadavits show that serious interference is likely to result to the service of the Navy Yard in Pensacola, Fla and various Naval activities through the port Of Noble A The time # tGo aats sS we quote telegram received this morning from the President of the Telegraph Company, as follows
 Wilson, Huidekoper & Lesh Washington, D. C.: I wiring you to confirm in all respects statements n Rsssa s' Sy M D Company urgently desires the good offices of the War and Navy Departments to secure through the ment of the hearing of the railroad companys ton to dissolve the injunction at least until the gov ernment can ascertain the facts Tho Adjutant Gen mobilization of troops it is absolutely necessary to make considerable of the Western Union Tele- graph company III very large part of the State of Alabama at parts that only reached by tele- graph over lines that on the right of. way of the Louisville & Nashville Railway Company and further stating that any destruction interference with the Western Union Telegraph Companys lines along the right of way of the Louisville & Nash vile Railroad Company in Alabama would be 2 most serious handicap to the military servce.' (Signed) Newcomb Carlton, President W. U. Tel Co.
 Tt is matter of general information that all transportation facilities. including the telegraph companys, are only by the utmost exertons able to cope with the greatly increased governmental busi- and the destruction of lines of the Telegraph Company so important and so great an area ia certain to result in damage which will be fully appreciated only the destruction is accomplished. "We therefore respectfully and urgently request that the government particularly the War Depart msnt take step. to prevent this criPpl!ng of the telegraph service. or at least to postpone 1t until the Government ascertain the facts and to this end ". suggest that tho UMtaA Satss Attorney for the Dsstzict In which Louisville Ky, s losatsd be iasssecsed te take such ss.!oa with regard to the as will conserve the Governments inisrsst. Re- specttully, (Sixned) Wilson. Huidskoper 6 Lssh
 SECRETARY OF WAR BAKER ACTS
 Upon rscsipt of that letter Secretary ef War Baker sent the following teaeeram,