New-York tribune., 1918-12-10
Cable Co. Files
Bill to Thwart
Burleson Order
Commercial Pacific Applies
for Injunction Against
Farther u. S. Interference
England Said to Object
Mackay Concern Says Brit
ain Countermands Post
master Generals Ruling

Developments in the cabe-t telegraph
situation yesterday as result of Fed
eral seizure of cables and the proposed
merger of all national wire facilities
included:
l. A statement by the Commercial
Cable Company claiming the receipt of
instructions from Great Britain which
IN etfec, countermanded Postmaster
General Burleson's orders affecting the
company's cables reaching British soil
= A bill in equity filed in United
States District Court against Mr..
burleson by the Commercial Pacific
Cables Companies, subsidiary of the
Clarence H. Mackay companies. asking
an injunction against further govern
ment interference
5. An open disagreement between the
Commercial Gable and the Postal Tele-
graph companies. both of the Mackay
holdings, and the American Telegraph
and Telephone Company, concerning
the suggestion of Theodore N. Vail.
the president, that all telephone and
telegraph lines shall be pooled under
he control of one Federal head
Seizure Called Illegal
According to officials of the Com
merclal Cable Company, the seizure of
a wire of communication between two
nations without consent of the foreign
authority is an encroachment upon
principles of international law. This
point was brought out in the bill of
equity filed in behalf of the CONNER
cial Pacific Company, which owns one
line operating between California and
Japan. 1t is understood that similar
nj will bo 4 OF
ing of previous suit against Mr..
Burleson, in which the Commercial
Gable Company asks the restoration Of
It's five Transatlantic cables.
statement issued by the CONNER
cial Cable Company said:
"a dispatch from Ottawa declares
that the Canadian government was not
consulted by Postmaster General Bur
eson in his seizure of the cables be-
tween Canada and Great Britain One
department of the British government
has instructed the Commercial Cable
Company to make no changes at the
direction of the Postmaster General
without first submitting them to that
department for approval.
The idea of the American Postmas-
ter General presuming to assert au-
thority or control over cables running
between Canada and Great Britain is
an assumption of power that is appar-
emily not only resented in those coun-
tries. but will very likely be ignored"
The bill of complaint filed yesterday
by the Commercial Pacific Company in
part alleged:
"That all of the cable systems have
landings on the territories of foreign
nations, and upon information and be-
lief the consent of the nations to the
United States government selling the
cables has not been obtained. All ma
tons are 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 interna-
tional complications. Even if consent
20 seizure of cables and landings should
be obtained occupation by the govern
ment of foreign territory would consti-
tute the substance of a treaty. which
can be made only by the advice and
consent of the Senate"
Attorney Discusses Case
Charles Evans Hughes and William
W. Cook are acting as attorneys fol
the Commercial Pacific Company. "The
case of the Pacific company differs
slightly from that of the company
owning the Atlantic cables" said Mr
Cook. "Probably no one can claim
that the cable from San Francisco tc
China. Japan and the Philippine ISL
ands is needed for the transmission Of
peace messages or in the peace nego
tatons, as claimed by Mr.. Burlesor
when he took over the cables'
Service on Mr.. Burleson in the first
suit has not been made. Unless he
answers voluntarily within a few DAYS
plaintiff will resort to publication.
The proposal of Mr.. Vail to form 6
single operating company of all the
country's telephone and telegraph
wires and to continue government con.
troll and supervision of cables wa.
supported as national necessity b,
executives of the Western Union Tele
graph Company.
Mackay Company Opposes Plan
at has been the ambition of Mr.
Wallis life to amalgamate all the tele
phone and telegraph companies" sai(
William j. Deegan, secretary of tn,
MacKay companies. "Hc obtained con
troll of the Western Union in 1909
but later at a cost of s12 900 600 to JI III,
Bell Telephone Company, was com
PEELED by the United States Attorne,
General TO relinquish this control.
al am not at all surprised that tn,
Western Union indorses the Vail p!an
The physical relation between tn,
Western Union and Mr.. Wallis company
the Bell Telephone, was broken IN i,
lo4o, pul thelc sun remains q SVmpa
thetc interest which would make tn,
Western Union agree to ANYTHING Mr.
Vail says.
Such a monopoly as Mr.. Vail pro
poses will create combine more pow
erful in its possibilities for the de
struction of competition in trade an,
more farreaching in its effect on
free and untrammelled press than tn,
world has ever seen.
"In the matter of cable control tn,
Western Union leases its eight cable
from British owners, and naturally /
70. greatly disturbed by the seizure
The Commercial Gable Company own
the five cables it operates"
story that the greater part of tn
transatlantic service was reserved 70
the Creel publicity bureau at the ex
pense OF newspaper CORES spondents wa
denied at both the Western Union an,
the Commercial Gable companies's OF