The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-08
HUGHES SEES TRICK
IN CABLE CONTROL
Burleson Action Called Misuse
Of Power to Force u. s.
Ownership.
DANIELS MEETS CHA RaEs
Solicitor General Says Seizure
Was Prompted by Needs
Of War Time.

WARRINGTON, March T.-Charles T.
Hughes. appearing to-day before the su-
preme Court as counsel for the CONNER
cial Gable and Commercial Pacific Cable
companies, charged that Postmaster
General Burleson by taking control Of
the marine cable systems five days after
the signing Of the srmistice had misused
the powers conferred by a joint Con-
gressiona resolution. had given the reso-
luton an Interpretation foreign to the
intent of Congress-" and had as an ute
r!or motive "the forcing of Government
ownership of tho cables"
The accusations of Mr. Hughes were
generally denied by Solicitor-General
King. who presented the case Of the
Government asking that the court sus-
tain the DEGREES of lower courts dismiss
ing Injunction proceedings brought by
the two cable companies TO prevent the
Postmaster-General from taking over
their cables and merging them with those
Of the Western Union Telegraph Com
pany.
Both Sides Push Case.
Both attorneys were interrupted fire.
duently by questions from the court. AL
though each side received an extension
OF time to present arguments. neither
availed itself OF the privilege. and srgu-
ments were concluded before the court
adjourned.
Mr.. Hughes commanded that although
the Presidential proclamation under
which the action was taken was dated
November II actually was not signed
until after hostilities ceased on Novem-
Der IL. In reply Mr.. King asserted that
the cables were taken oven in reality on
November 2. when the proclamation was
signed by the President. but did not
pass into tho hands Of the Postmaster
General until fourteen days afterward
Seizures OF the cables. Mr.. Hughes
said. was not necessitated by the ma
tional security and defence" as Presi-
dent Wilson. before the cables were
taken over. had declared before Con-
gress that the war had come to an end
and that Germany and Austria had
agreed to armistice terms which would
make the resumption of hostilities i'm
possible. He denied that the resolution
under which the cables were seized con-
tained blanket powers and asserted that
Congress would never have adopted It
had II carried omnibus authority. He
said there was involved in the seizure
"a thought OF governmental ownership
"a policy that Congress never sane
toned"
Call for Supervision.
Government control over the marine
cable systems is more needed now than
previous to the signing OF the armistice,
Mr.. King argued. He pointed to the
turning over to the State Department of
an entire wire to Europe, the fact that
American troops are now on German soil
and that Germany and Austria are still
at enmity with this country as suf-
ficient proof that Government super
vision is needed.
What effect do you give to the con-
tention that the seizure OF the cables was
not necessary owing to conditions pre-
vailing them" asked Justice Pitney
That Is mere conclusion" replied the
Solicitor-General.
The Solicitor General further con-
tended that the issues involved in the
case were not justiciable, and no court
could inquire into them.
In replying to this contention Mr.
Hughes said there existed under consti-
tut!onal law no such thing as delegation
by Congress of unrestricted power WITH
no opportunity for official scrutiny and
rectification. The president IN taking over
the cables. he said, did not act under
any authority conferred on him as com
mander in chief OF the army and navy,
but under powers conferred by act ot
Congress, which could as well have been
delegated to any other officer of the Gov
eminent.