The New York herald., 1921-01-19
CABLE INJUNCTION
NOW ASKED BY U. S.
Government Counters on West
ern Union in Fight to Pro-
tect Coast.
BRAZIL LINE is INVOLVED
British Company Said to Be in
Cuba Splicing Scheme to
Gain Monopoly.
BRAZIL LINE is INVOLVED

The Government countered the West
ern Union Telegraph Company's injunc-
ton suits yesterday by instituting In
junction proceedings of it's own which
would prevent the Western Union from
landing a new cable at Miami, Fla, or
any other place along the American
coast The papers. drawn up and filed
by Assistant United States Attorney
Earl b. Barnes make it plain that the
Governments objection is based on the
alleged plan to give the Western Union
and the Western Telegraph Company Ca
British member OF the Western Union
system) monopoly over cable service
between the United States and Brazil,
inasmuch as the Western Telegraph has
obtained from the Government of Brazil
an exclusive franchise or concession
which provides that no other company
may connect by submarine cable any
two of the points within Brazil touched
by the lines of the British company"
Mr. Barnes adds that the Western Union
seeks to ignore the law by splicing its
new cable into ole Cuban submarine
lines to Key West.
BY these proceedings the Government
prevents the State, War and Navy de-
partments from permitting the Western
Union or the Western Telegraph to land
the contested cable. The injunction
sought by the Western Union would for
bid the three departments to deny the
telegraph officials the right to fasten the
new cable to American shores. Mr..
Barnes argues that inasmuch as the
lines of the British company touch at
all the principal coast cities of Brazil
Para. Maranho. Ceara, Bahia, Pernam-
buco. Rio de Janero Santos, Santa
Catherine and so on--a monopoly is in
tended. He filed his brief In the Fed
eral District Court Briefly. he says
1T has been the custom OF succe3-
sive Presidents of the United States to
forbid the landing of such lines until as
surances were given that such monoplies
would be surrendered. In order to sue
ceed financially any direct cable line
from the United States to Brazil must
collect business from several ports by
cable extensions, the condition OF the
Brazilian land lines being such that they
cannot be effectively used for this pur-
pose 1t Is unlawful for any person
without the consent OF the President or
the Congress OF the United States to
land in the United States any cable con-
Meeting the United States with any for
elgn country.
"On July 90. 1920. the President OF
the United States wrote to Bainbridge
Colby. Secretary of State. letter In
which, among other things, he said:
~ beg that you will seek the coop
Grafton of the departments of War. Navy
and Justice in preventing the Western
Union Telegraph Company from landing
n cable in defiance of law, and request
that you show them this letter as their
authorization to comply
Neither the President nor Congress
has consented to issue n permit for the
landing by the Western Union OF any
cable from Barbados on the shores of the
United States. One end of the cable still
lies three miles off the beach at Miami.
ana the naval forces of the United States
still guard against and still prevent con-
nection Of the cable line with the beach
at Miami Having failed to land its ca
BILE at Miami beach the defendant there
upon conceived the plan OF circumventinG
the constituted authorities by splicing
into its cable from Barbados, branch
cable to connect at Cojimar. Cuba, with
three cables, which had been heretofore
and are now being maintained and oper-
ated by the defendant from Cojimar.
Cuba, by Key West, Florida, hoping in
this way TO accomplish the unauthorized
cable connection between Brazil and the
shores of the United States"
Mr.. Barnes made his application to
Judge Augustus N. Hand. who decreed
that argument should be heard this
morning, attorneys for both sides ap-
pearirg.