The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-01
FIGHT FOR CABLE
LANDING IN COURT
Application for Injunction Re-
straining Secretary Daniels
Taken Under Amusement.
NAVY ACTS ON OLD RULE
=
Western Union Must Accept
Messages From Postal, Court
of Appeals Holds.
NAVY ACTS ON OLD RULE

WASHINGTON. Nov. S0-The District
OF Columbia Supreme Court, after hear
ing arguments. took under advisement
to-day the application of the Western
Union Telegraph Company for an in
junction restraining Secretary Daniels
from interfering with the laying Of cer-
tain short cables across Biscayne Bay.
at Miami, Fla.
1t always has been the policy of the
American Government ito prevent the
laying of any cable on the shores OF
the United States which connected with
foreign country in which the cable
company had n monopoly of cable con-
nection, Secretary Daniels said In a
statement filed in the District Supreme
Court
The statement was supplemental
answer to the suit of the Western
Union Telegraph Company and said
the proposed cable was to be laid for
the purpose of connecting with the sys-
tenn OF the Western Telegraph COM
pany. a British corporation, which has
a monopoly for Interpret cables in Bra
I'll, to the exclusion OF American COM
panies.
For this reason" the Secretary con-
tinued. "the President last July directed
the Secretary of State to secure the CO.
oneration of the War, Navy and Justice
departments to prevent the landing of
the Miami-Barbadoes cable. and these
instructions were communicated to the
Navy Department with a request for
assistance The line on the causeway
ever Biscayne Bay from Miami to Mi
ami Beach. Is part of the cable sys-
tenn. the cable station being in Miami
city. The line includes the short cable
running under two drawpridges, cover
ing navigable water.
The telegraph company denies that
the President has the right in the abb
sence OF statutory authority, to either
permit or forbid the landing of a cable
on our shores which connects with for
elgn territory. but the right has been
exercised ever since the first cable was
laid in the COS. and permits have al
ways been asked, as was done in this
case"
ALBANY, Nov 3O.-The Western Union
Telegraph Company must accept for
transmission over it's lines messages
filed with the Postal Telegraph Com
pany and offered by the latter COM
pany for transmission by the Western
Union. the Court Of Appeals holds in
a decision handed down to-day.
The Western Union company had OBJ
jccted to receiving messages from the
Postal company unless prepaid. The
Public Service Commission. Second dis
trict. ordered the Western Union COM.
pany to accept the Postal messages
but the Appellate Division of the SUI
preme Court foverruled the commission.
To-day's decision OF the Court of Ap-
peals reverses the finding of the APP
pelate Division and modifies. in part
the order OF the Public Service Com
mission.
The Court OF Appeals holds that the
Western Union company must treat this
Postal company the same as 1t would
treat any other customer. The West
FERN Union had commended that accept
ance OF Postal messages without pre-
payment amounted to a Discrimination
IN that the Postal company could re-
ceive payment for a prepaid telegram
but that the Western Union company
rad to wait until Its regular account
was rendered before II could obtain
payment from the Postal company.