The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-12-05
MACKAY STARTS
SUIT ON SEIZURE
Continued from First Page.

proclamation, In q manner that Will
cause the Commercial company to lose
its identity. 1t is alleged that the
affairs of both compaH4es-would be-
come so intermingled that separation
would be a hopeless undertaking. The
allegations in this regard follow:
THAT the separate identity. business
and good will OF your orator will dis
appear, so that your orator may be
forced or persuaded to abandon COM
petition hereafter and acquiesce in de-
PENDANTS plans for Government
ownership OF the same. or an amalga-
nation OF all cables in the Atlantic
Ocean. That defendant has called in
as assistant and adviser Theodore N.
Vail, president of the American Tele-
phone and Telegraph Company, to
work out plan for a universal wire
service including all wire communi-
cations Of the United States, namely.
cables, telegraph lines and telephone
lines. That all this Is and would be in
violation of the antitrust act of Con-
gress of July 2, 1890, which applies in
full force to defendant as well as your
orator. now that the war has ter
minated"
Affects Pacific Ocean Cables.
The complaint contains much that
Is In answer to statements in ex-
PLANTATION for the Government. II has
been said that the approaching peace
conference and President Wilson'S alb
sence in Europe make necessary unfit
cation OF the cable systems and Gov
eminent control. The company asks II
this emergency also required the SELF
ure or lines In the Pacific Ocean and
to South America
THE transmission Of cablegrams for
the next few months between America
| and Europe did not and does not
Justify the selling Of 10000 miles of
cable from San Francisco to China,
Japan and the Philippines" Il Is de-
ciared. nor the Selling Of two cables
from New York to Panama, thence
down the west coast Of South America,
thence over the mountains to the Ar
gentine republic; nor the seizing of
cables to Cuba and Mexico: nor tho
seixing OF thirteen cables across the
Atlantic. All of said thirteen cables
have been and are devoted first to the
transmission OF Government messages
relative to peace negotiations or any
other Government business press mes
sages and commercial messages, and
the seizing OF said thirteen cables by
the Government does not facilitate or
better in the slightest degree the trans
mission of Government peace messages
or any other messages.
Company Not Consulted.
"Your orator was not consulted as
to the necessity or even ACCESSIBILITY
, Of said seizure Of said cables, although
your orator could have given more
competent expert advice on that sub
ject than any one else conversant with
| cable affairs"
The company challenges the asser-
ton In the Presidents proclamation
that the national security and defence
makes seizure Of cable lines necessary.
1t asserts that national security was
attained with the signing Of the armi-
/ stice.
THE seizure of said cables on the
ground that they were or are neces-
sary for the national security or de-
fence was and Is mere pretext with
out substance or basis OF fact what
soever," the complaint asserts Ever
since the United States entered the
present war the American ends OF said
marine cables of your orator have been
and still are under the absolute con-
troll OF the officials of the Government
and particularly the control of the
| Director OF Naval Communications
\ and nothing has been done by your
orator relative to the operation OF said
cable lines without the knowledge and
approval Of said Director of Naval
Communications.
All Demands Met Promptly.
"a most rigid censorship was estab-
lished by the Government over your
orators cables. and your orator has
heartily cooperated in said censorship
All the demands and even requests OF
the Government on your orator in be-
half of the national security and de-
fence have been promptly. fully and
cheerfully compiled with by your ora
tor, notably a request on October 20
Neutrality-suspicious.
NNEE<yS VICTORY S$EEM