Arizona republican., 1918-12-10
CABLE SEIZURE IS
DECLARED ILLEGAL
BY CHAS. T. HUGHES
IRepublican A. p. Leased WireI

NEW PORK, Dec. 9.-The CONNER
cial Pacific Gable company, allied with
the Commercial Cable company, asked
for an injunction in the federal court
today restraining Postmaster General
Burleson from further control of its
10000 mile sof cable between San
Francisco, China, Japan an dthe Phil
ippine islands.
Violation of international law by
Burleson is charged in the complaint,
which asserts that the United States
had not obtained consent to the seiz-
ure from the nations upon whose ter
ritory the cables land. 1t is further
alleged such consent would be uncon-
stitutional without formal treaty ap-
proved by the senate
This contention is upheld. the COM
pany declares, by information from its
London office that a department OF
the British government has instructed
the Commercial Gable company rep
resentatives there to make no changes
at the direction of the American post
master general without first submit
ting them to that department for ap-
provaL
The bill Of complaint filed for the
Commercial Pacific by Charles T..
Hughes and William w. Cook, as
counsel. declares:
Foreign Consent Not Secured
That the United States government,
in seizing the cables, has not secured
the consent of the foreign nations on
whose territories the cables land, ac-
cording to the company's information
and belief
That this constituted a violation of
the principles of international law,
providing that one nation shall noc
encroach on or seize any part of the
territory of another nation.
That all nations are very properly
jealous of landings on their soil of
cables controlled or owned by other
nations, and forbid it because it is
liable to lead to international compli-
cations.
That, even if consent of the other
nations to the seizure of the cables
and landings, upon which conditions
satisfactory to them were secured"
such terms and conditions, pertaining
as they would to the occupation by
the government of foreign territory,
would constitute the substance of "a
treaty which, under the constitution
of the United States, can be made only
by and with the consent of the senate.
| which advice, and consent has not been
obtained, and that this is violation
of the constitution of the United
| States
| Violates Constitution
| That the cables are private property
/ and have "been taken by the defen-
dant, not for public use" and that no
provision has been made for any ju-
! dicial inquiry as to the necessity for
/ such seizure.
violation of the United States constl-
tuition, guaranteeing due process of
law"
Commercial Pacific officials stated
tonight that they expected Mr.. Burle-
son to make voluntary answer to the
case. If he doe snot, they declared,
they will serve him by publication, as
in the case of the Commercial Cable
company.
No order has been received from the
postmaster general, they stated, and
the company was continuing and plan
ming to continue its business as
though its lines had not been seized
George Creel, chairman of the com
mittee on public information, who is
to attend the peace conference in
Paris, will receive the same treatment
accordd any nwspaper and prss asso-
citation correspondents. officers of the
Commercial company stated.