The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1918-12-11
WlRE||C|'0:M||P ANY :
HAS ENGLAND'S
EDlCT TO DEFY
CONTROL
Charges That Burleson Broke
Law by Taking Over
Commercial Wires
ASSERTS GOVERNMENT l.
OBTAINED NO CONSENT
Injunction Asked for in Fed
eral Court; Treaty by Sem
ate Is Necessary -

washington, Dec. L 11.-GeOrSe
.Creel, chairman of the committee on
public information, who is to attend
the. peace conference in Paris, will
receive the same treatment accorded
any. newspaper or press association
correspondent, officers of the, Com
,mercial company stated. r.
New York, Dec. 1.-THE CONNER
cial Pacific Gable company, allied
with the Commercial Cable company,
has asked for an injunction In the
federal court, restraining Postmaster
General Burleson from further. con-
troll Of it's 10, ,0D0 miles of cable be-
tween San Francisco to China, Japan
and the Philippine islands
Violation of International law by
Burleson is charged in the complaint,
which asserts that the United States
had not obtained consent to the sell
zure from the nations upon whose
territory the cables land. 1t is fur
tller alleged such consent would be
unconstitutional without formal
treaty approved by the senate.
4 London Instructions.
Y This contention is upheld, the
company declares. by information
from its,London office that a. depart
ment Of the British government has
instructed the Commercial Cable
company representatives there to
make no changes at the direction Of
the American postmaster general
without first submitting them to that
department. for approval. =. .-.
The bill of complaint filed for the
Commercial Pacific by Charles E.
Hughs and William w. Cook as
counsel, declares: .~ -
.'That the United States govern
ment, in seizing the cables has not
secured the consent Of the foreign
nations on whose territory the cables
land, according to the company's in
formation and belief. rfgrntt Il
Principles Violated. "
That this constitutes violation
of the principles Of international
law, providing that one nation shall
not encroacfr on or sieZe any part OF
the territory ofaanother nation.
"That all nations are very proper
ly Jealous Of landings on their soil Of
cables controlled or owned by other
nations, and forbid it because it is
liable to lead toTinternational COM
plications. &s
THAT, even If consent of the 9TH
er nations to the seizure Of the
cables and landings upon conditions
satisfactory to them wah secured,
such terms and conditions, pertain
ing as they would to the occupa-
tion by the government of foreign
territory would constitute the sub
stance 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
Private Property.
THAT the cables are private prop
erty and have been taken by the
defendant not for public use,' and
that no provision has been made for
any judicial inquiry as to the neces-
sity for such seizure.
"That the seizure is arbitrary, in
violation of the United States Con-
stitution guaranteeing due process
of law
Commercial Pacific officials stated
that they expected Mr.. Burleson to
make voluntary answer to the case.
If he does not, they declared they
will serve him by publication, as in
the case of the Commercial Cable
compauy "a