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In order that this office might be fully advised in the premises, communications were the same day addressed to all the presidents of the several companies embraced in the resolution, in which they were respectively requested to state whether their companies had constructed and were operating the telegraph franchise, or whether such franchise had been in whole or in part transferred to any other company or corporation, but more particularly, "whether telegraphic messages are ac cepted and transmitted for all persons and corporations without discrimination as to price and other conditions."

Replies have been received from the Union Pacific Railway Company and the Central Pacific Railroad Company, copies of which are hereto attached. By reason of the short time which has elapsed, replies have not been received from the Sioux City and Pacific nor from the Central Branch Union Pacific.

It will be perceived that both these companies claim that they have constructed and are maintaining and operating their own lines of telegraph, and that they do accept and transmit messages for all persons and corporations without discrimination as to price and other condi tions. Whilst this is, perhaps, a sufficient answer to the specific inquiries of the resolution, it is proper to say that the underlying question is a controversy between rival telegraph companies. I do not deem it to be within the purpose of the resolution to detail the several contracts between the Pacific railroad companies and the Western Union Telegraph Company, which operates a general telegraph line along all their roads. The railroad companies, in granting these privileges, have not alienated their control of their own telegraph lines, nor have they refused to receive and transmit all telegraphic messages for all persons and corporations, without discrimination as to price or other conditions. This, as to any particular message, whether from individuals or from rival telegraph companies, is not controverted, but it is claimed by telegraph companies which compete with the Western Union that they are respectively entitled to insist upon the right, not for particular messages, but for an arrangement under which they shall be enabled to transact a rival and competing telegraph business under equal or equiv alent facilities as those accorded under existing contracts to the Western Union.

At an informal interview at this office on the 27th ultimo, at which were present the president of the Baltimore and Ohio Telegraph Company, with counsel, and the counsel for the Union Pacific Railway Company, the conflicting claims of the respective parties were, at my request, formulated as follows. n behalf of the Baltimore and Ohio Telegraph Company it was claimed

Our demand is that the Union Pacific Railway Company and all the land-grant railroads shall accept from the Baltimore and Ohio Telegraph Company a general telegraph business upon the same terms as to rates and conditions and the keeping of accounts as the Union Pacific and the other land-grant roads accept like business from the Western Union Telegraph Company, and that the Union Pacific Company shall accept at its stations messages which may be tendered to its operators destined for points on the Baltimore and Ohio Telegraph Company's lines, as such destination is indicated in the message, and transfer at the connecting points such messages to the Baltimore and Ohio Company, and, further, that in the conduct of such general exchange of telegraph business the same facilities shall be given us, namely, wire or mechanical connection, the keeping of accounts, &c., as are furnished to the Western Union Telegraph Company. In other words, we ask to be treated as any other telegraph company is treated, or may be treated, and that we may be treated by the Union Pacific Railway Company, with respect to general interchange of telegraph business, in the same manner as that road treats connecting railway companies in the exchange of railway business.

On behalf of the Union Pacific Railway Company it was said:

The view we entertain is that the Union Pacific Railway Company is limited to dealing with the Baltimore and Ohio Telegraph Company precisely as if it were an individual offering a message or a succession of messages; that such duty does not extend to the keeping of a system of mutual accounts, the extension of credit, the affording of mechanical connection, or to anything beyond the receipt at the telegraph offices of the Union Pacific Railway Company, or any of them, of any and all messages brought to it by the Baltimore and Ohio Telegraph Company, upon precisely the same terms as if brought to it by an individual, the transmission and delivery of such messages, if intended for points upon the lines of the Union Pacific Railway Company where it has offices, precisely as it would be the duty of the Union Pacific Railway Company to do if such messages were transmitted by it for an individual; and secondly, the receipt by the Union Pacific Railway Company, at any of its telegraph offices, of any and all messages which would bear upon their face that they are to be transmitted and delivered to the Baltimore and Ohio Telegraph Company at any other point where the Union Pacific Railway Company may have a telegraph office, and the delivery of such messages to the Baltimore and Ohio Telegraph Company at such points, precisely as if the Baltimore and Ohio Telegraph Company were an individual then present at such point, and on the same condition.

It will be observed that the real controversy-being the claim of distinct affirmative rights upon the one side, as distinctly denied upon the other, and both arising under variant construction of the same law-is, as it stands at present, a question clearly within judicial adjudication. I have deemed it to be within the spirit of the resolution to embody in my reply the respective views of the rival interests which are involved. Whether the question thus presented is one for legislative action must rest exclusively in the discretion of Congress. The resolution is herewith returned.

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SIR: I acknowledge the receipt of yours of the 24th instant. In compliance with your request, I transmit to you a copy of the only contract to which the inquiry contained therein can in any way apply, viz, that with the Western Union Telegraph Company, dated July 1, 1881.

It will be perceived that the contract provides for giving complete effect to the charter of the company so far as regards the transmission of messages both for the public and for the Government. If this arrangement or channel of transmission shall in any instance prove not acceptable, the contract provides for the specific performance of all its telegraph duties by the company itself.

The contract is in substance a traffic or working arrangement, such as is made by this and all other railroad companies for the transportation of freight and passengers, and this with a view to increase for the benefit of the Government and itself the earnings of the telegraph lines.

It should be added, in relation to the Kansas Pacific Railroad Company, that its duties and rights are somewhat peculiar, and they are explained and acted upon by Mr. Justice Miller in his opinion in the case of 1st McCrary Reports,

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p. 581. In reply to the specific inquiry on that point contained in your letter, I am advised that all telegraphic messages offered to the Union Pacific Railway Company are accepted and transmitted for all persons and corporations without discrimination as to price or other conditions.

I remain, very truly, yours,

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[Office Central Pacific Railroad Company, No. 23 Broad street, C. P. Huntington, vice-president.}

NEW YORK, February 25, 1885.

DEAR SIR: I have to acknowledge the receipt of your favor of 24th instant, advising me that there had been passed by the Senate and referred to your office for report the following resolution, viz: "Resolved, That the Secretary of the Interior be directed to inform the Senate whether the Union Pacific Railroad Company and the other railroad companies affected by the act approved July 1, 1862, granting subsidies in bonds and lands, have constructed and are maintaining and operating their own lines of telegraph, and whether telegraphic messages are accepted and transmitted for all persons and corporations without discrimination as to price and other conditions as provided in section 15 of the act above referred to," and requesting me to furnish immediately such information as may be requisite to enable you to answer this resolution so far as it relates to the Central Pacific Railroad Company before the adjournment of the present session of Congress.

Your request for an immediate answer in respect to this matter does not give me the opportunity of communicating with the persons more directly charged with the executive administration of the affairs of the Central Pacific Railroad Company; but as I understand it the Central Pacific Railroad Company has constructed and is maintaining and operating its own line of telegraph and telegraphic messages are accepted and transmitted for all persons and corporations without discrimination as to price and other conditions as provided in section 15 of the act referred to.

In reply to your inquiry as to whether the Central Pacific Railroad Company has transferred its telegraph franchise to any other company or corporation, or has made any con tract authorizing any other corporation to transact its telegraph business since the agreement with the Western Union Telegraph Company, dated December 14, 1877, I have to say that, so far as I have any knowledge upon the subject, and as I understand it, the Central Pacific Railroad Company has not transferred its telegraph fran. chise to any other company or corporation; nor has it made any contract with any other corporation in respect to the transaction of telegraphic business upon its lines since the agreement with the Western Union Telegraph Company, dated December 14, 1877, a copy whereof has been heretofore furnished you at your request.

If the rights and duties in respect to telegraph lines of the several Pacific railroad companies under the acts of Congress relating thereto are to be made a subject of inquiry in your office, I would respectfully call your attention to the opinion upon that subject of Judge Miller, of the United States Supreme Court (concurred in by Judge McCrary), which is reported in the first volume of McCrary's Reports.

I remain yours, very truly,

Hon. W. H. ARMSTRONG,

C. P. HUNTINGTON,

Vice-President.

Commissioner of Railroads, Washington, D. C.

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Copies of reports upon the subject of fraudulent acquisition of titles to lands in New Mexico.

MARCH 3, 1885.-Ordered to be printed.

DEPARTMENT OF THE INTERIOR,
Washington, February 28, 1885.

SIR: In obedience to Senate resolution of February 4, 1885, as follows:

Resolved, That the Secretary of the Interior be directed to furnish to the Senate copies of the reports of F. D. Hobbs and A. R. Greene, inspectors of the General Land Office, upon the subject of the fraudulent acquisition of title to lands in New Mexico, and of all testimony accompanying the same, and also copies of all papers on file in the Interior Department relating to this subject;

and also resolution of February 20, 1885, as follows:

Resolved, That the portion of the resolution directing the Secretary of the Interior to furnish to the Senate copies of the reports of F. D. Hobbs and A. R. Greene, &c., which passed the Senate February 4, 1885, embracing the following words, ""and also copies of all papers on file in the Interior Department relating to this subject," is hereby rescinded,

I have the honor to transmit herewith a letter to me, under date of 27th instant, from the Commissioner of the General Land Office, covering the copies of papers called for by the foregoing resolutions.

Very respectfully,

H. M. TELLER,

Secretary.

The PRESIDENT OF THE SENATE PRO TEMPORE.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., February 27, 1885.

SIR: I received on the 7th instant, by reference from you on the 6th, Senate resolution passed the 4th instant, calling for "copies of the reports of F. D. Hobbs and A. R. Greene, inspectors of the General Land Office, on the subject of the fraudulent acquisition of title to lands in New Mexico, and of all testimony accompanying the same, and also copies of all papers on file in the Interior Department relating to this subject."

The papers and records were at once put in hand, and all the copyists which it was practicable to assign to it have ever since been engaged on the work.

I am now in receipt of Senate resolution passed the 20th instant, referred by you on the 24th instant, rescinding the previous resolution as to the words and also copies of all papers on file in the Interior Department relating to this subject."

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Inspector Greene has made no report as to fraudulent entries or claims in New Mexico specifically, but has made one on the general subject, a copy of which is herewith.

I transmit all the copies which had been made under the original call at the date of the receipt of the modified resolution, which will, I think, cover all the matter contemplated by the latter. Of course, as the work was proceeding under the original resolution, the copies are incomplete, in that they will not show all the correspondence by this office in some of the cases.

In the papers will be found references to newspapers and parts of newspapers, which it was not practicable to copy, but which are on file and open to inspection.

The Senate resolutions are herewith returned, and the copies here with are as follows:

1. Copy of Senate resolutions passed February 4 and 20, 1885, with all indorsements thereon.

2. Copy of letter from W. S. Fletcher, special agent, December 5, 1881, to Commissioner General Land Office as to frauds, with two inclosures.

3. Letter from receiver, Santa Fé, N. Mex., April 22, 1882, as to frauds in entries, with eight inclosures.

4. Letter from Commissioner to Secretary, June 14, 1882, suggesting an investigation.

5.. Letter from Commissioner to Secretary, August 5, 1882, recom mending detail of R. S. Graham to assist in investigation.

6. Letter from Secretary to Commissioner, August 5, 1882, authoriz ing detail of R. S. Graham.

7. Commissioner to R. S. Graham, August 12, 1882; instructions. 8. Letter from Secretary to Commissioner, September 7, 1882, requesting that Graham be instructed to continue his assistance for thirty days.

9. Commissioner to Graham, September 9, 1882; instructions.

10. Register, La Mesilla, N. Mex., February 10, 1883, to Commissioner, transmitting protest against issuing patent on certain homestead en tries, with one inclosure.

11. Register, Santa Fé, N. Mex., February 12, 1883, to Commissioner. transmitting affidavit alleging fraudulent homestead entries, with one inclosure.

12. Register, La Mesilla, N. Mex., February 13, 1883, to Commissioner, transmitting protest and petition alleging fraud in certain pre-emption entry, and asking for a hearing, with one inclosure.

13. Register, Santa Fé, N. Mex., February 19, 1883, to Commissioner, asking instructions as to investigating alleged fraudulent homestead entries.

14. Acting Secretary of the Treasury, March 14, 1833, to Secretary of Interior, inclosing copy of portion of letter relative to pre-emption frauds in New Mexico, with one inclosure.

15. William Frank et al., Arroya de Los Utas, N. Mex., March 15, 1883, to Commissioner, complaining of fencing of public land.

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