Mr. FINCK. Mr. Speaker, the condition of my health will prevent me from detaining the House even for the ten minutes which have been yielded to me. There is no man more desirous than myself to oppose anything liken monopoly in this country, nor more disposed tofavor and sanction any proper and legitimate measure which may be inaugurated to restrict the monopolies which now exist. But I have been unable to bring my mind to sanction the bill now ending before the House, reported by my colleague, the chairman of the ComPostOffice. The gentleman admits that amendments of some character ought perhaps to be made to the bill. Sir, what we do now ought to be done properly. The bill should at this time be amended. I will not now argue the question whether Congress has the power to authorize the construction of these telegraph lines through the States without the consent of the States. I shall confine the few remarks which I propose to submit to the House to one of a number of objections which I have to the passe e of this bill in its present shape. It provides in the 1st section that any telegraph company new organized, or which may hereafter e organized, shall have certain rights which are conferred by this bill, among which is the right to construct, maintain, and operate their lines of telegraph through and over any portion of' the public domain of the U.S. I have no doubt as to the authority of Congress to grant that much. But the billgoes on further and proposes to confer the right also to construct such lines of telegraph through the States “over and alon any of the military or post roads of the U.S. which have been or may hereafter be declared such by not of congress, and over, under, or across the navigable streams or waters of the U.S.” Now, what does this bill do? It'undertakes to authorize these companies to go into the States and to put down their pests and all the necessary apparatus for the purpose ofoperatin g tele raph lines. Niabw, l deny that without some provision by which the consent of the land owners shall be obtained, or by which some remedy shall be provided to the owners of the soil for obtaining compensation for the property appropriated, Congress has any right to do what is proosed by this measure. ’10 whom does the soil belong, or the right of way, on which these post roads and military roads have been established? Certainly, the right is in some individual or company. If the property has been condemned merely for the use of a railroad, it is to be used only for the purpose of such railroad; it is to be operated and used for that single purpose, and the right of way belongs to the company which has condemned or purchased it. It belongs to them to that extent, and when they cease to use it for the purposes for which the land was condemned, when they cease to use and operate it for railroad purposes, the right reverts to the owner of the fee. But the bill authorizes private property to be taken and used by these telegraph companies. That property belongs to some person or some company, and you cannot by this enactment give to the telegraph companies the right to use this particular property, the right 0 way, or the soil without making some revision by which the owners of the right olpway or the owners of the soil shall receive just compensation for the iroperty taken. Now, sir, i there were any provision in the bill authorizing some legal way by which to ascertain the value and provide for the payment of the property taken for which compensation is to be made, it would remove one of the objections which I have to this bill. Every one knows that private property cannot be taken in this way with iout just compensation. If we pass this bill and authorize these companies to construct these telegraphic lines through the States, there will likely occur controversies between the State authorities and this legislation of the Federal Government. It seems to me that my colleague, the chair man of the committee, oughtnottobe so rigid in adhering to the declaration he made this morning, that he would not allow any opportunity to amend the bill. Let the bill be perfected. I should like to vote for some proper measure by which we might organize a system which would tend to check the monopoly which now exists in the telegraphic system of the country. But I do not believe that this bill is constitutional. There are other objections to the bill which I cannot now discuss, but for the reasons I have stated I must oppose its passage.