The New York herald., 1869-05-26
TELEoRAPHIc MoNoPoLIEs.

cI,nut Against the Corporaffon-How Mes
snges are Forwarded and Trade by Tele
graph Carried On-verdict Against the Com
pany.
The great test case OF II. L. Dayis vs.. The Western
Union Telegraph Company, wherein It Is claimed
by plaintiff that he was broken up in his business
of commercial agent at Cincinnati by the establish
ment within the western Union Telegraph Company
and under its control and direction Of what IL
known as the Commercial News Department, which,
by arbitrary orders made to apply more particularly
to the plaintiffs agent in New York. Mr.. M. X.
Thompson, and various other means, worked every
embarrassment and derriment to the plaintiffs
business, closed With mastery argument by Mr..
r. McCOrwln, OF this city as follows:-
GENTLEMEN OF THE JURY-It VIII be proper for
me to eongratuate YOU as congratulate mys Ell ~
day. IL has been tried with energy and abilty. l
may say everything has been done that could posi-
and information upon The facts OF the case. Now,
gentlemen OF the Jury, what Is the case which you
are called upon to detemines 1t is brief case
when you Come to look at the facts alone. It
Is suit instigated by H. L. Davis against
the Western Union Telegraph Company in which
he claims that they have In the discharge OF their
duties as pubic agents, so far damaged him in the
business which they undertook to transact for him
as to seriously affect the business which he was
pursuing. The Western Union Telegraph Company
Is corporation clothed with extraordinary powers,
powers which Il was necessary to give them % that
deyolving upon them; but at Che same time IN the
discharge OF those duties towards every man, they
are bound to exercise the same good faith
with their customers that you and are required
70 observe In our dealings with each other.
You have heard the Court say in your hearing that
corporations are held to the same account as 1nd-
vidnal5 are held in the discharge OF their duties.
They have no greater rights, and have the same
obligations In law as individuals have. Why Is thisS
II Is because in establishing such corporation you
take away from the public what belongs to them;
tlat heretofore was distributed among communities
and place 1t in the hands OF lew, and the Leglsa
ture has said, ~, When we clothe you the West
ers which before belonged TO everybody alike;
when we concentrate in your hands, as corpora
ton, the great right Of disseminating intelligence
by means OF the subtitle medium you control for
pay, TO the exclusion OF all other people who have
not the same rights granted them you are bound to
observe in the administration of your duties the same
fidelity, trust and good faith that devolve upon us
in our transactions with one another" SO that II 1t
turns out III this case, think Ii has been proven
that II has, that the Western Union Telegraph
Company undertook to convey messages for
this plaintln from the city OF New York to
Cincinnati, containing intelligence in reference
TO stocks and gold and breadstuis, with the KNOW
ledge OF what they doing to the charac OF
tue business then being transacted by the plantR
and did anything that IN the slightest degree tended
TO thwart the object OF Mr.. DAVIS in getting ntelll
gence to his customers they are responsible for all
the damage which All. DAVIS sustained, and at your
hands he is entitled to verdict much he would
be in similar action against one Of his fellow citi-
zens. Now If 1t should turn out for example, thar
while Mr. Davis was carrying on his business here the
Western Union Telegraph Company organized within
Itself the same KIND OF business, not perhans
for the purpose Of rivalling Mr. laws alone
but tor the purpose OF establishing for their own
oommunicaIions Which a. theSs and in the, the inter.
YORK 70 CINCINNATI t9ey undertook in every way,
,grog py agsnls b or to get their own messages
~ ullouen " SHU prejudice OF Mr. Davis messages,
iney wess guilty OF bad faith, and should be held
Tor ali the consequences. Let me illustrate:
ef. Hill for instance who sits here, and myself en-
| tn haliv
TO him thousand bushels OF wheat. Now
Mr.. Hill goes TO the gentleman from whom am to
buy the wheat and induces him not to sell the
wheat 10 me, and the wheat is not delivered. Now,
the law, good faith and justice say that Mr.. Hill
Ehall be compelled 10 pay me damages. Ii ls be-
cause the law holds every man TO the strictest per-
formance OF his duty towards his fellow man. The
failure to perform the contract on my part was
account OF the act OF Mr. Hill, and the law says he
shall not be guilty Of bad faith towards his fellow
men, and requires that he snail pay damages for any
injury he may thus occasion. This Ia what mean
when say the telegraph company shall be held to the
strctest accountably and be required TO In good
faith towards Mr.. Davis, as towards all other
customers. Now, what is the issue you are called
upon TO tryf IL Is whether this company, with the
ful knowledge OF the business which Mr.. DAVIS was
pursuing, was guilty OF Withholding or delaying, or
otherwise Gripping the messages OF Mr.. Davis,
gotten up by his agent In New York so that injury
resulted TO his business. / take IL that you have
listened attentively 10 the testimony ana heard the
depositions read, so that It will bot be incumbent
on me 10 read 10 you anytning .nat was said
you by the testimony exactly what the true po-
siton OF these parties at the time this matter oc-
CURED between them. In 1860, in the month OF May,
Mr.. Davis became connected with the Cincinnati
Stock Exchange, which was engaged In furnishing
Information III regard 10 the markets In New YORK
70 customers In this city. Mr.. Davis subsequently
carried on the business himself for his own profit,
and you heard read yesterday the contract between
these parties made In 1866 In which II was stipu-
lated that Mr. DAVIS should thereafter appropriate to
ms own use all the benefits resulting 10 subscribers
from the information gathered IN New York. There Is
question OF the right OF Mr.. DAVIS TO acquire this
information by his agent in New York and use II for
his customers Ia Cincinnati. His right TO acquire
the information and use 1t ls the same which news
paper publishers In TINS city have TO obtain news
aud sell " TO you every morning at ye cents copy
This right belongs TO MIR. Davis, as II goes to every
citizen IN this community and, therefore, there can
be no question as TO the legitimacy OF his business
The Stock Exchange consisted OF number or per-
Bons when Mr.. Davis made this contract, which
vested in HIM all the authority and power necessary
10 carry on that business aud this was within the
knowledge OF the Western Union Telegraph Com
pany, ana II was so admitted yesterday. Thus,
you have no embarrassment on the question
oil fact They knew Mr.. Davis was successor or the
Cincinnati Stock Exchange, and they knew 1t In all
their transactions with HIM. At this point Mr..
with consent OF the stock Exchange and the sub
ecrbers themselves. And, recollect, Mr.. Thompson
never was an empoye OF the stock Exchange had
dealings with them, but was an employe or agent
OF Mr. Davis IN New York 10 send intelligence 10 the
Cincinnati Stock Exchange for the benefit OF Davis
DAVIS contracting to pay and did pay his salary. AT
tins crisis we find paws getting along smoothly and
as Thompson said, al no time from the day he
down TO the time of the dinculty was he
ever interrupted In the discharge OF duties IN any
way by the employees OF this company; never did
anybody attempt 20 thwart him In sending his
messages; never aid they attempt TO send them by
circaitous routes, but they always went TO Cncln-
natl by the direct route. Keep this before your
minds Now, what follows' Davis goes ON with
his Understanding IL up making IL profitable, so
he was enabled TO give one hundred dollars more
month 10 Thompson In 1861 than In 1866, because the
business had grown aud he felt that 10 would be
proper TO give that additional salary. At this point
let us pause 10 inquire whether any complaints were
made at Cincinnati not by DAVIS but by somebody
connected with the Western Union Telegraph Compa-
ny, with reference to the manner which the duties
OF this Office were discharged towards Davis. Mr..
Grace swears in his deposition taken by counsel for
the deendant-Mr. Grace who had IN charge the
Office, % Broad street, where all messages OF Mr..
Thompson were sent TO Cncinnau-that the first In
timaton ne had come TO him from the ONCE Of the
defendants In this case OF complaints was IN April
or May, 1867, and complaint was that
Davis messages dld not come through on
time. Keep this before you; de-
He saws the first complaint that came 70 him in