811.73/262
Memorandum by Mr. William R. Vallance of the Office of the Solicitor for the Department of State
On July 30, 1920, at 2:30 p.m., the Secretary of War, Admiral Coontz, Acting Secretary of the Navy, Judge Ames, Acting Attorney General, the Under Secretary of State, Mr. Davis, the Third Assistant Secretary of State, Mr. Merle-Smith, the Solicitor, Mr. Nielsen, Captain Freeman of the Navy Department, and Mr. Vallance of the Solicitor’s Office, attended a conference at the Office of the Secretary of State regarding steps to be taken to prevent the landing of a cable at Miami, Florida, by the Western Union Telegraph Company. The conference was held as a result of the letter of July 20, from the President directing that joint action should be taken between the Departments of War, Navy, Justice, and State to prevent the landing of this cable.
Judge Ames for the Department of Justice expressed the opinion that the Executive had the power to take measures to prevent the landing of the cable in question without resort to the courts. Reference was made to the opinion of Attorney General Black dated September 29, 1857, (9 Op. Attys. Genl. 106) relative to an attempt of a railroad company to lay its tracks across a military reservation. [Page 689] The Secretary of War was advised that the Executive had full power to prevent the laying of the tracks in question, as it amounted to an invasion of the rights of the Executive Department. See copy of the opinion attached hereto.94 See also Guthrie vs. Hall, 1 Okla. 454 (1891).
Secretary Baker stated that he was prepared to take necessary steps along similar lines to prevent laying the cable from the sandbar at Miami into the ocean. Admiral Coontz stated that he had already dispatched two destroyers and a sub-chaser to prevent the landing of the cable from the high seas. At Mr. Nielsen’s suggestion it was agreed that the Navy Department should take no preventative action outside the three mile limit. A warning might properly be given outside the three mile limit, but no affirmative action against the cable ship Colonia. Admiral Coontz stated that the Gulf Stream came in close to the shore at the point where the cable would be laid, and that it was deep enough at two miles out for a destroyer to come, if necessary. He also stated that Admiral Decker, the Commandant at Key West, had been ordered to Miami to be on the ground to see that no cable was laid.
Secretary Baker stated that he would have instructions sent to the Commandant of the Southeastern Department to cooperate with Admiral Decker, and that a sufficient military force would be dispatched to assist if necessary.
Judge Ames stated that he would instruct the United States Attorney for the Florida District to go to Miami and cooperate with the Navy and War representatives, and take all necessary steps to prevent the landing of the cable.
The Under Secretary of State, Mr. Davis, suggested that it might be advisable, as the Colonia was a British ship flying the British flag, to informally communicate the decision of this Government to the British Ambassador so that he would understand in advance the reason this Government prevented the British ship Colonia from proceeding to land the cable.
Mr. Boal of Mr. Merle-Smith’s office informs me that he has taken up with Mr. Bannerman the matter of obtaining a report from the Department’s representative at Miami concerning the exact status of the construction work and laying of the cable. Colonel Kimball of the War Department, Branch 1705, informs me that orders have been prepared and are being forwarded to the Commander of the Southeastern Department this afternoon.
- Not printed.↩