The Express.
London, England, 1850-05-07 00:00:00

Ran) intelligence.

COURT OP QUERN'S BENCH.—Yzanzon.
amuses IP &U.CO.

Tax Qcsix .. WI LLLLL ANO SMITH.

• mike mid had is Ode esse been obtained oe the part el
Ira •Inotrie Telegraph Company, calling spent the defend-
aels.the Liverpool agents and corespondents of soveed
lamas semi apses, to show muse why a erimiesl Mena-
Mime should not be tiled against them in moonless°, of a
With published by them in the Morning firesides the nth
• October lath
Sir F. Tattier,, in showing cuss, observed that the quie-
tism invelved was of great importance, not only to the prem.
bet des to the puble at largo ; and considering the careens-
Maws, wheat would *ppm in answer to the application, he
was disposed to admire the boldness more than the prudence
of the Company in tans calling attention to the enotmoss
power with which they bad been entrusted by the legiels-
sad to the mielsievoes rousequeccel which were likely;
to arise from the possess on of such powers.
Whoa those oirmantancos were laid before thecae,* he had
Do doubt bet that Cm rule would be dechanged. The
Elaine Telegraph Company, was incorporated by an ant
of parliament. the 9 and 10 Y e., cap 44. It had been
anticipated, seeing that the company would probehlysuper-
ethe other means of comenunisenoo, and that a monopoly
Waist be created, undue prefereoce might be given by t to
some parties, to the deemed of others. and that great in-
isonmennees might thereby arise, utiles the public were
carefully yenta ageism then. Accordingly by the 44th mo-
tion of the Art, after reciting the provislons of an act of the
7 sad S Vim., which provided that when an electric tele-
graph was established on any railway, otherwise than es-
eensively for the purpose of the railway or her Majesty's
servieo, or both, the use of such telegraph shsuld subject to
the prior right of her Majesty's seethe, or of the company for
the purposes of the company, be open to the public for the
'lading of messages without favour or preference to any,
makes these provisions part and parcel of the act incorporat-
ing the company. It did not appear to have bean contem-
plated at ala that tits Telegraph company should be regarded
or treated as conveyers of intelligence on their own amount.
Had such a use of the telegraph been anticipated, it would
lave been prevented by wriogent provisions. It was obvious
that if the company were to take upon themselves the right
el transmitting on their own account the intelligence which
they might receive, they would not only supersede all news
wets, but might get the puolic press under their controul.
The formidable nature of such a power might be appreciated
when it was considered that it would put et th. it command
the sprints of commerce themselves, and the sources of intel-
ligence which might even affect the tranquillity of the
country. Communications sent by the Paet-oMee
are secret, bat these sent by teleraph are necessarily open,
solos sent by cipher. and if the cipher was discoered, there
could be no secrecy. The tads. its would show that ia a
variety of cams the company had made a mat unfair um of
their powers, and that, in connexion with this particular
ease, they had frequently theconducted themselves in such a
way as wholly to then•itle them to the consideration of this
court, or to its interference in their behalf. Willmer and
Smith had been established for many years in Liverpool as
news-agents, and were in the letnt of transmitting to certain
newspapers to Landon the intelligence received by sucessidee
packets from America, and of receiving from London a sum
wary of news for transmission by the packets to America.
They had also entered into contracts to supply for a fined
annual sum, in each cue, the exchange rooms of Liverpool
and Ma..cheeter with intelligence. They had had occasion
to complain of various blunders made by the company in the
transmission of their messages and of unwarrantable delays
M their delivery. They tat also received camplainte from
their different correspondents of similar blunders and delays,
maned whom hod given them up as their agents on this
account, the company taking their place as newsagents in
sea cams. Proem these cementation they were satisfied
. .

that a Axed purpose existed on the pert of the company to
drive them cut of the field by the most unwarrantable con-
trivances, until at last they found it necessary, la t►eir own
exculpvtioa acd for their own p:otection, to publish, on the
11th October, the Inter in question in the Morning Herald.
That letter was as follows :

LLL[GO XIPCONDtC7 TN■ [LOMAX TILTORAPR COUTANT.