The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-07-24
Tie Company Continues to Claim that Busi
ness Offering Is Being Handled with
Reasonable Promptness.
Rumor that the Operators on the
Gould Roads Will Strike To-Day.
New York Commercial Bodies Suggest Ar
bitratiOn as a Means of Terminating
the TrOuble-Strike Notes.
THE INDIANAPOLIS OFFICE.
No Material Change in the Situation-Petty
AnnOyances on the Lines.


AnnOyances the Lines.
Yesterday was the fifth day of the tele-
graphers' strike. There is no change in the
situation from that of the preceding day.
Superintendent Wallick says the force yes
terday was as large as on Saturday, the places
of the operators captured by the strikers hav
ing been supplied by fresh importations. Mr.,
Wallick says the wires of the commission
men were working fairly yesterday, and the
market quotations were kept up. He no.
ticed line troubles between Pittsburg and
New York, which were annoying but sue
ceeded in getting through. He did not say
the service as it is now given is first-class
but that the wonder is, after such a great
disarrangement of the force, that business
should be kept up and continued with no
more friction. The Typographical Union
met at noon yesterday and voted that the
entire amount of funds in the treasury
a0out $400, was at the service of the strikers.
The strikers claim to have headed off a num-
Der of alleged telegraphers who blew in yes
terday, having come here for work, and ini-
tiated fourteen of them into the Brother
lood.
LEGAL OBLIGATIONS OF TELEGRAPH COMPANIES
The following decisions have been rem
dered by the Supreme Court of the
State, with reference to the duty and
obligation of telegraph companies and
other common carriers to the pub
lie. From the nature of this power and
the source from which they derive their
powers and franchises they differ from the
ordinary line of business in many respects
and in one very marked particular. A mer-
chant can sell or refuse to sell to whom he
pleases, while a common carrier is under a
aegal obligation to serve the public in carry
ing on its business, in carrying
freights or messages, provided the
charges therefore are prepaid, and public
policy. is not interfered with. In the
case OF the Western Union Telegraph Com
pany VS.. Ferguson, reported in 81 Indiana
Reports, on page 495, the Supreme Court says:
"If the message offered for transmission is
expressed in decent language, on payment
or tender of the usual charge, the duty of
the telegraph company is fixed by law, and
it has no discretion. 1t must receive and
transmit the message. In cases of same COM
pany at suit of Lewelling and Buchanan, re-
ported in 58 and 80 Indiana Reports, it is de-
| cided that telegraph company having lines
| in this State is liable in damages for failure
OF their agent to transmit proper message
which is delivered to him during business
hours with tender OF payment.
Where the same company was sued by
Lindley lease reported in 60 Indiana Reports)
it was decided that the liability of the COM
| hany was not released by unsuccessful at
tam nt Of itS n 1aliuar a Oft
| business hours or on Sunday.
Where the same company was sued by
Wood, as reported in % Indiana, the courts
decided that the company must transmit
messages with impartiality in order of time
received, and failure to comply with this
requisition makes the company liable to the
! person whose dispatch is neglected or post
poned, though private dispatches must give
way to intelligence of public and general in
| terest
| AS to the character of the agents employed
the court says, in 80 Ind, p. AL: The
authorities establish the proposition that
such companies (telegraph) cannot make
such rules and regulations as will protect
them for liability from damages resulting
| from their own gross negligence, or negli-
gence of their agents and servants, and that it
is gross negligence for a company to employ
an operator who did not know of the exist
ence of town which is the county seat of a
IUeT6 IS no QlleT-
ence in the carrying of a message along a
wire and carrying goods or package along
route, etc. Telegraph companies are COM
mon carriers"
In case in 81 Indiana on page $50 it is de-
cided that common carriers are not only
bound to carry, but to receive and carry all
| freights offered with tender or payment of
usual charges, and Judge Biddle in Pitts
burg, Fort Wayne &Chicago Railroad Com
pany VS.. Hollowell, (65 Indiana, page 1888 J
says: 1T is well settled principle of law
that delay caused by strike or a mob,
composed solely of the employees of a cor
poration, will not excuse the company from
receiving and carrying freight according to
its contract or public duty"
A PERMANENT INJURY TO BUSINESS.
A Journal reporter met a leading provision
dealer at the depot last night en- route to
Chicago. Said he: This strike is causing
us to lose hundreds of dollars a day, and if
it continues longer will do permanent in
jury to our business. am not sufficiently
well acquainted with the merits of the con-
troversy to say which party is in the right,
but do know that business is greatly suffer-
ing by the strike, and something should be
done to end it at once. l think the boards
of trade and other business organizations
| throughout the country should take some
united action at once. We can't stand this
sort of thing much longer" Another dealer
who Joined in the conversation said that if
any further damage was done to his business
by the strike he proposed to bring suit against
the Western Union, and he thought he could
recover damages under the common carrier
act. Similar sentiments were expressed by
various other business men. Since the
strike began the commission and brokerage
business has been almost entirely destroyed
The Indianapolis Typographical Union