The Leavenworth weekly times., 1879-03-06

Kauz1s Legislature and contest It's assumed
authority 10 the very last tribunal. ANY
ether course would hs an on'rsgs upon the
public that patroniZa the tel, graph go lib
orally. and would ultimately result in a Sc
rious loss Of business TO the company. The
company might always CircUuye0t legisls-
turss ani investigating c1mmiile by burn
ing dispatches sent as rapidly - they are
transmitted, and keeping 10 copies of those
received but such practice would deprive
The company Of proper and necessary pro-
lection against claims for damages on &C.
count Of errors in transmission. To pro-
tect itself and the public, then, the only
course Is to insist that telegrsphic CORES
pOndence is as sacred "a that srut under seal
through the mails aud il is desirable that
The highest Judicial authority should pass
upon the question at the earliest possible
moment. That the Supreme court wall -us-
tain the telegraph com pauy in this position
may be fairly predicted on the strength of
Judge Cooley's opinion. who saws In his
" Constitutional Limitations sd ed, pp.
JOG 800:
1.-The &c is treated ss ifuo other consider
tons were Involved tIan 4 O>e which aIise
IN the ordinary case of voluntary disc o.
sure 10y one pTiVais person % another with
out ne. .Ssity. SUCH, however, j. not the ma.
, tuTe Of the coDIauuica ION made TO the op-
orator OF the telegraph. That instrument is
used a. me-ns of ccrTe>pDnience and ~ "a
valuable, and IL many eases an iuGISpen-
sable, substitute Tor the postal f4ci tiles, and
I the communication l. made, not because the
party desires To put the operator in posses
Z sion 81 facts, but because tranSmi sion Win.
/ out It is impossible. IL il not voluntary in
any her sense tnaH this that the party
Z makes IL Iaiisr Than deprive Bimssif OF the
I ben"nt OF his great invention and improve.
l inent The IeasOns OF a public nature for
I manning the secrecy Cf teleSraphlc COM
! muulcation are the same with those
I which protect correspondence by mail
I and, though the operator Is not a
/ public officer, that circumstance appears To
! us immat-riaI. lie yL,dts an import nj public
I junction and the p'CpGieiy Of Lls preserving
} InylOlhoie secrecy IN rega 10 communica-
tons l. 30 obvious tuat H IS common 10 prCU!de
StattuOTy penalties for disc IL on grouuds
. of pUbuc policy the OR fftiOr should not vOl-
. unfairly disclose, why do not the .arue con-
! siGeTdtI0 : forbid th- courts compelling HIM
To do 80: 7, II IL br prop, Tto InFI Ike him tes-
| tiy to the correspondence by telegraph,
! wHat TeS on can b. .ven why the pOstma>-
. ter should not be- made subject 10 the process
I Of subpoena for a like purpose and compelled
I to DIir the COrre> pondeuce which passes
! through his hands into court. and open
! IL for the purpose Of evidence: We
must maintain the opinion, EotV ithstand
! IuS the decision of 20 eminent tribunal
/ lSYpr-me Court OF Msiue ,tnat the put. lie ave
Z not entitled To q IN ans private correspond
! euce, whether o5ttiued by SCI Hg it in The
mails or by com pyiIlng the operator of the
telegraph % testify tu It, or by r-quiTing his
3 servants take from hIs desks his private let
I trI~ and ipurrH'S aud bring them into court
On sUJgGaI dtlces te,Int Any Itch cnmpul-
Sory pTOceS- 10 obtain 10 would be nothing
snurt OF a most arbitrary and uTju>tifihle
seizure Of private papers,Such AN u reason rble
seizure ss IS directly condemned by the Con-
suJuIIOn."
II Is probable that the Telegraph Com
| pany would have made the issue with Con-
gre4- in the Gaze Of the cipher dispatches
had it not teen that both political parties
united in demanding the messages, thus
representing both parties in interest, be-
cause neither was willing TO rest under the
suspicion Of desiring 10 suppress the CORES
pOudeHce. But IL i necessary for The Tele
graph Company TO take an Independent
stand in the Kansas cssc, and thus esiab-
lish prcceden: which shall govern all
others. II tie Courts shall sustain the
Company in ia very proper refusal to ex-
pose private correspondence whenever a
Legislative Committee or Court see fit TO
make an order TO that effect then il is to be
hoped that Mr.. Smith Will setk redress for
the personal Outrage put upon him by hold
ing 10 account the individual legislators
who voted for his committsl through suits
Tor damages, and that the Company will
stand by him and assist him to the success
iul prosecution of such suits.