The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-03


THos CoRWIN,
Secretary Of the Treasury.
Comptroller roller Of Public Accounts, State of Texas
Prom the New York Express.
The Press and the Telegraph.
To test very important principle, upon which the
istence OF press and the salvation Of the commercial
community depended long Morse's old line OF ele
graph had the exclusive monopoly Tor conveying in'ell
gence over these wires the editors OF the Express sued the
New York and Washington Morse lin. for withhold
ing from them despatch the tolls which were IS as.
The dismissal OF the French Minister Poussn by the
United States government, September II, lsl9, was
despatched TO the Express by their Washington cores
nen and the telegraph people, in order 10 enforce the
collection OF old account mot due withheld the des
patch, with which they went 10 the Office of the editors.
and iantazed them by pronounciDg important" The
Express declined TO submit 10 this summary process OF
the court for the collection OF debts 1.-THE court of
lightning and suffering the loss OF iis despatch went
into the court Of law. suing the telegraph for damages
The counsel for the Express, (Hon. j. L. WhIte,) in a
very able argument, commended that teegaphs were sub
Common con- Carriers that disputed debt on an old des
patch lien one; that intelligence thus
conveyed had known marketable value and that,
newspaper was, in good degree dependant upon the
fidelity OF the telegraph, the corporation should be made
TO suffer for their wrong doing IN this case.
The counsel for the telegraph James Smith, esq
made the very best Of his side OF the He denied
that elegraphs were common carriers, anything like
IT, and asked the court to the Express upon the
ground that teegraphs only agreed TO carry messages for
case no special damage was proved, there was nothing
10 for. The court declined 10 do any such thing bu,
held the telegraph TO contract TO receive and deliver
messages and, failing in its contract subject TO the dam
ages actually done-not exemplary, bat real damages
and the court also declined to try within this suit for
breach OF contract action Of debt alleged 10 be due for
an old despatch.
The question thus being one OF mere damages the
court ruling the law in favor Of the Express, the difficulty
then leitwas TO prove the actual damage done. The
Express did not show any loss OF subscribers nor any
damage.
editors in the city witnesses that the existence OF
newspaper depended upon The early publication Of news,
and that Withholding Telegraph news from them
serious injury. The court. however. told the jury to
bring in only actual damages-Dot exemplary but real
immediate, proxinate damages. The jury, after being
out about half an hour, brought in verdict OF $500
Thus have been settled some principles oil the highest
importance 10 the press and TO the public and the settle
men OF these principles is OF good deal more import
than the verdict Teegraphs, like common carriers.
subjec, to the legal liabilities of carriers
Telegraph companies have RICH, to withhold despatch
IN consequence OF any unsettled accounts News is
commodity, the value of which be estimated in
OF law. and parties withholding be held responsible
in damages, as for the non.devey OF any species OF
goods they infeentially contract TO carry Teegaphs
thus made subject TO the laws with their "domest-
Gated lightning, other people who deal with the
lesser powers OF Nature To settle all these things
important. because the holders OF this mode OF
veyng intelligence have often put out rules different from
other incorporated companies, and havedo yet in some
casesexecsed powers seriously injurious TO the welfare
of the community, As inferences from the principles
settled in this case follow rE#5
Teegraphs, like common carriers, bound 10 receive
messages payment and 10 deliver them in good faith,
with m much rapidliy rs possible.
Telegsphs are responsible in damages, common
carriers.
The court, following the rigid rule Of the common
law books, heldas we think, against the principles OF
equity, and against the analogies OF the law in parallel
casesthat in this case the telegraph not subject to
exemplary damages II is difficult 10 make o court set
proper estimate upon the vane OF to newspaper,
(only editor publisher do that) and compre
bend that about all newspaper is worth is its reputa
withheld the important Poussln despatch il malicious
press and therefore subject to such damages as
principle will be reached by courts by and. BY, who
infer malice often from a most innocent publication
respecting private character, and hold the press,
therefore, responsible for exemplary damages unless
can be positively shown, against the inference OF
the law, that there malice in the case Here the
telegraph macousy to damage the character OF the Ex
prees, withheld important piece of news but the
court following old charges the rule oil damages
only acfaoi loss when in similar case of party suing
newspaper, exemplary damages would be given though
no actual damages were sustained at all.
Nevertheless, we highly graiihed with the esab.
shment by the court OF correct though new applca.
ton OF legal principle and with the verdict of jury
which teaches corporation that finger and monopolize
all pervading element OF Nature that they must do
such things more, and walk in the straight ways
OF the law hereafter "a rt .Eo. ~ 5 Il +
Pun uroN Pus.-Suange, Moore, and Wright the notori.
ous puns'srs were on certain occason dnins together