Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1918-12-10
Two Companies Ask That
Postmaster General BurIe-
son Be 0uSted From Control
of Their Properties
WIRES PASS OVER
FOREIGN TERRITORY
Alleged That Permission to
Take Over Such Property
Can Only Be Done by Treaty
Confirmed by Senate

New York, Dec 9.-The Commercial
Pacific Cable company, allied with
the Commercial Gable company
asked for an Injunction in the federal
court today, restraining Postmaster
General Burleson from further con
troll of its 10000 miles of cable be-
tween San Francisco and 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 seiz-
ure from the nations upon whose ter
ritory the cables land. 1t is further al
legged further such consent would be
unconstitutional without formal trea-
ty approved 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's rep
resentativcs there to make no cha as
at the direction of the American post
master general without first submit
ting them to that department for ap-
proval.
Bill of Complaint.
The bill of complaint filed for the
Commercial Pacific by Charles f.
Hughes and William w. Cook as coun-
sol, declares:
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-
cordng to the company's information
and belief
That this constitutes a violation ef
the principles of international law.
providing that one nation shall not
encroach on or seize any part OF the
territory of another nation.
That all nations are very properly
jealous of landings on their soils of
cables controlled or owned by other
nations and forbid it because It is liza
Bile TO lead to international compli-
cations
That, even il consent of the other
nations 10 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 a violation
of the tconstitution of the United
States"
Seizure Arbitrary.
That the cables are private proper
ty and have been taken Ey defendant
not for public use, and that no provi-
sion has been made for any judicial
inquiry as to the necessity for such
seizure
That the seizure is Arbitrary, in vio-
lation of the United States constitu-
ton. 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 does not, they declared
they will serve him by publication, as
in the case of the Commercial Cable
No orders had been received from
the postmaster general, they stated,
and the company was continuing and
planning 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
accorded to any newspaper and press
corporation. officers of
the Commercial cable company stated.