Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-03-17


gage and other companies serving the public to
abandon the use OF that clause In their blank
forms which they pretend is in the nature OF a
contract between their customers and themselves
and which they claim will prevent the enforce
ment OF suits against them for losses Injury
Sustained by reason OF the careeSSness OF their
agents, employees, etc. The courts have decided
over and over again that these one-sided, I'M
signed affairs not binding, ard have no force
IN law; yet nearly all corporations go on using
them,-for no other purpose, apparently, than TO
keep ignorant or tlmid persons from asserting
their rights in case OF pecuniary loss or damage
sustained. The latest decision in trial OF this
character was rendered in Georgia last week.
The case presented was that of merchant OF Co
mmbus, whose telegram to an agent in New York
was changed in transmission so as TO read ''twO
hundred" when delivered, instead OF zone hun
dred," as written. Through this error loss of
$50 was sustained by the merchant, and for this
amount he sized the telegraph company The COM
pany relied In its defence on two points.-first,
that the rules printed the message blanks re-
heved the company from damages unless the
sender OF the message should have it repeated, or
the company guilty of gross careleSSnesS or
Maud, and second, that the business transaction TO
which the message referred was a speculation In
future values, in itself Illegal, and that therefore
no recovery could be had for any mistake made in
connection Herewith. The court held, however,
't'S FiOFNiy tiloO NCiy piOhip.is
company, on both grounds, ruling hat they could
not free themselves from the results OF their negl
gence even by a perfected contract, and that any
general illegaty OF the transaction did not excuse
them from paying for damages actually incurred
through their careleSSneSS. .ya'ooJ
This probably settle such for the future,
% far Georgia concerned; and there doubt
that the same state OF facts would bring about
Ike decision in all the other states. At all events,
people who are losers in any way by negligence on
the part OF agents or employees of such corpora
tonS should not be deferred from seeking their
rights in the courts, notwithstanding the exist
enee OF clause or clauses claimed to be release
from fun responsibility in the premises.
In dealing with the Mississippi river problem the
springfield Republican advises the people OF the
N iSsI sippi valley to take a hint from the Egyp-
ttanS, who have kindred experiences in the over
How OF the Nile for hundreds OF miles in length
and many miles in width. But the Egyptians
never thought OF wrestling with their great mon
ster OF nature. They knew better. They adapted
Their agriculture to the river, not trying to make
the river conform to their agriculture. They ac-
ceptcd the service OF tn Nile as the great fertilizer
OF their neldS and needed no Peruvian guano
Islands to sustain the fecundity OF their soil The
Mississippi valley ought to follow this policy With
boundeSS continent before us, it Is poor policy to
locate population below the line Of high water
daoiis tle ri'tT Inc perlOl OF annual occurrences
OF Hood should be prudently observed by the mi
grafton OF cattle and people from the fields i'm
peried, and by other preparations to save loss.
As To leveeS and protective works, the question
OF their maintenance Is one mainly OF Investment.
Will they succeed and VIII they pay? II they will,
II IS directly in the interests of the states, which
alone have the privilege OF taxing real estate to
build and maintain them The state of Mississippi
BVast and rich; so are Louisiana and Arkansas.
These states can readily borrow and spend any
sums they please upon leyeeS, in pursuance of a
policy OF reclamation New York built the Erie
canal and Massachusetts, bored the Hoosic tunnel,
as cost OF saD,OO0,O00, as investments The Mis-
ass1ppi states IL they care enough for the land of
the Mississippi bottoms 70 reclaim it, have much
SQrer enterprise before them Holland wrested
from the ocean foOthold for her swarming mil
Hons: the Mississippi states Will do the same, IL
they ever feel the need Of agricultural terri
tory.
As to the navigation OF the great river it is con-
ceded ID the valley the justice OF the demand for
Its Improvement at national expense.