The Birmingham age-herald., 1920-11-24
CLAIMS AUTHORITY
 ID LAY CABLES IN
 ALL U. s. WATERS
President Carlton Declares Western Union Has Specific Authority From the
 Secretary of War
By Associated Press

Washington, November 23.--Sec-
 retary Baker announced tonight
 that he had revoked permission
 granted to Western Union Teie-
 graph company last May to lay cer-
 tain cables at Biscayne bay, Miami.
 Fla. The permit was Issued by the
 district engineer at Jacksonville,
 Fla, and Mir. Bnker directed it's
 withdrnwal by teIcgraph tonight.
 New York, November 23.-Newcomb Carlton. president of the Western Union Telegraph company, declared tonight that his company has general authority under an act of Congress to lay cables in all navigable waters in the United States and specific permit from the Secretary of War.
 Mir. Carlton made this assertion in a formal statement which he issued in connection with his companys applica- tion in the courts of the District of Co., lumbia for an injunction. to restrain the Secretary of the Navy from interfering with it's plans to extend it's telegraph lines, from Miami, Fla, to Miami Beach
 Last April" he said, the Western Union Telegraph company commenced 
 over Biscayne bay. which separates Miami from Miami Beach. There are two drawbridges in the causeway, and following usual proce- dure and in order to avoid interruption to navigation. short cable is laid on the bottom of the bay at each of these draw bridges.
 The Western Union has general au. thority under an act of Congress to lay cables in all navigable waters in the United States. In addition to this au- thority it holds q specific permit for this work from the Secretary of War. improve the connection from Miami to Key West. the present connection be- ing an unsatisfactory temporary affair to meet the requirements of govern ment dredging operations.
 Notwithstanding the unquestioned right of the telegraph company to i'm prove it's system, further indorsed by the approval of the war department. the naval department has for months arbitrarily interfered with the progress of the work by force of arms and stated that if the cable was laid they the navy department. would immediately cut 1t. We are informed that this action was taken at the request of the state de- pertinent. although the state depart ment has no Jurisdiction whatever over the extensions of the telegraph sys- tenn.
 We have made diligent inquiry dur ing the last eight months in an en- sdeavor to ascertain what objection there was to our proceeding with this work, and although we have made re- peated remonstrances to the state de- partment, we have been met only with the repeated promise of that depart ment that they would at once straight en out the matter. We are as complete ly in the dark today as we were eight months ago. except that we now know that the power of the armed forces of the United States has been used to pre- vent the lawful carrying out of work which was authorized by an act of Con gress.
 Tt is because of this action that we are now seeking the protection of the courts in an effort to ascertain whether autocratic methods can be used to pre- vent the needed extension of telegraph service to meet the demands of the pub lic'