New-York tribune., 1918-12-12
Ward Refuses to
Take Over Cables,
Mackay Declares
Letter to Burlcson Asserts
Aid Does Not Desire to
Incur Liability; Also OPP
posed Plan on Principle

Lines Of the Commercial Cable Com
pany have not yet been taken over by
the government, according to Clarence
II. Mackay, president of that corpora
ton, and probably will not be unless
some court orders it to turn it's assets
over to Postmaster General Burleson.
Mr.. Mackay made this attitude clear
in a letter which he addressed to Mr..
Eurleson yesterday in answer to let
ter from Mr.. Burleson asking what his
intentions We're concerning George
Wards acceptance Of the position OF
manager for the cables of the CONNER
cial and the Western Union companiea
Mr.. Mackay said that Mr.. Ward, who
is an officer of the Commercial Cable
Company, had not taken control Of the
Western Union cables and had no in
tention of doing so.
Avoids Personal Liability
He does not wish to incur any Pc
sonal liability; neither does he wish to
challenge action by the grand jury for
combining competing cable systems
after the end of the war in violation of
the Sherman antitrust act of July Z,
1890" wrote Mr. Mackay.
81 note in your letters to me of
December a. that there is the qualiii-
cation that his appointment by you is
so far as you are authorized by the
joint resolution Of Congress- That is
a wise qualification on your part. But
it is hardly fair to expect Mr.. Ward
to adjudicate how far that joint reso-
luton gives you authority.
at seems to me that the first thing
to do is to obtain d judicial interpreta-
tion and application Of the joint reso-
luton of Congress, and we have in
Court in this city for that purpose
one by the Commercial Cable Com
pany and the other by the Commercial
Pacific Cable Company. Certainly you
will admit that that court is impartial
and fair and that this is the proper
place to obtain an adjudication, mas
much as the cable companies are To-
Gated here, and the Atlantic cables land
here, and all their business is done
here, and any authority which you
might have over them would have to
be exercised here Such an adjudica-
ton would settle the constitutionality
and regularity of your action in seiz-
ing the cables and also any question
of personal liability and any question
that might arise under the antitrust
act forbidding the combination of com
peting concerns. Hence, would invite
your appearing voluntarily in these
suits, which cannot help but clear up
the situation.
Says Ward Opposes Plan
L p L.o1,
from a practical standpoint the uni
cable systems would not be for the
good of the service or of the public.
and as Mr.. Ward is one Of the best
known and most capable cable operat-
ing officials in the world, and known
as such to all foreign governments,
naturally have great respect for his
opinion. You will see from the en-
closed clipping from the press this
morning that four out OF the eight
Western Union cables are disrupted
The operation of the cables of the
two competing companies under one
head cannot remedy this situation. 1t
may suit the Western Union to have
the losses of its system borne by the
government in these days when one
half of its system is out of use, but
we decline to take part in any such
arrangement
I'm originating plans for the op-
Grafton of the cables | regret that You
dld not see fit to ask the advice of
Mr.. Ward in this connection, whose
life has been spent in the cable ser
VICE, but have relied entirely on the
advice of Mr.. Vail, whose practical ex
perlence has been for many years in
telephone management. In spite of the
tact that Mr.. Vail has been an acknowl-
edged enemy of the companies | rep
resent, | say this without personal ami
mostly and simply from facts"
.)ugO Slays Protest