The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-02-21

reception of telephcnic messages. In this latter
sense the Central Union Telephone Company in
sentative in this proceeding, has very signif.
cantly sanctioned the use Of the word
telephone. In August, 1885, it published book
for the use of its patrons and subscribers, emit
tied indianapolis Telephone Directory In
which those having the use of the telephone in
struments were instructed as follows: "Call by
numbers; when through talking, ring out; make
all complaints to the chief operator-call No.
LOCO; help each other by answering your tele-
phone promptly; do not allow non-suhscribers to
use your telephone, it is unjust to other sub
scribers impedes the service and is a violation
oil your contract" These were sub
stantial repetition Of the instructions
issued by the Western Telephone Com
pany, one OF the predecessors of the Cen
tral Union Telephone Company, in June, 1883.
In these instructions the telephone is plainly re-
ferred to as an organized apparatus-an institu-
tion-and not as single instrument In this
use of the word Telephone the telephone com
panies in question simply adopted and emphasized
proper meaning of that word in the connection
in which it was so used by them.
Before the great discovery OF Prof. Morse In
biography, the power of electricity to give
sudden and mysterious impulse TO suspended
WIRE was well understood among those most
familiar with experiments in electrical science.
His discovery consisted in the invention Of an in
strument or machine which utilized that power Of
electricity, and thereby enabled him to send in
selligibe messages over suspended wires to re-
motely distant places. When that instrument
or machine first came into use, the word tele-
graph was understood to more particularly re-
fer to it, but since that time a much wider and
more comprehensive meaning has been attached
to that word. as the thing best known by that
name The telegraph is now usually
is generally understood as referring to the
entire system of appliances used in the trans
mission of telegraphic messages by electricity
consisting of ~ battery or other source of
electric power; ~ line wire or conductor for
conveying the electric current from one station
to another; 49, the apparatus for transmitting,
interrupting and. if necessary, reversing the
electric current at pleasure, and a the indicator
Dictionary, title Telegraph: ] In tho
ings Of the word telephone are analogous
to those applied to the word telegraph. there
being very much in common between the two
systems Of telephony and tolegrapny. In reach
ing conclusion as to what is generally under
stood by the use Of the word telephone" we
have been governed partly by the information
judicially within our reach, and in other respects
by the evidence The word having
become a term of art, evidence
was admissible to explain it's proper
shown to have existed on the 18th day of April
1885. we feel constrained to hold thar the word
telephone" as used in the act Of that date, was
intended to designate, and, in fact, really refer
red to an apparatus composed OF all the usual
and necessary instruments for the convenient
and ready transmission and reception of tele
phonic messages, and not TO single instrument
only.
There was evidence at the trial tending to
prove that the Central Union Telephone Com
provided for in It's contract with him for So per
month without actual and very serious ioss and,
arguing that the Legislature cannot be presumed
to have intended to inflict injustice upon any
person or corporation, it is insisted
we ought to take the company's liability
into consideration in determining the legislative
intention in enacting the statute in question In
this case. This argument is largely based upon
the assumption that the company was not at
liberty to decline to extend its line
to Harehsy's farm upon his request
that such an zion should be made,
and that 1t will be compelled to maintain such
extension so long as Haughey may require it to
be maintained, independently Of any contract
with him on the subject This assumption is
however, not well founded. There is nothing in
the act of the Legislature under review. or con-
tanned in any other statutory or common law
regulation applicable to tho subject to which
our attention has been called, which requires a
telephone company to. construct new
line against its will or to main
tain an OLD line longer tnan
ii may feel in the exercise of legitimate business
discretion, inclined to do so. Besides the power
Of the Legislature to pass the act in question be-
ing conceded, this court cannot sit In judgment
upon either the justice or the expediency of the
enactment of such law. II the law shall prove to
be either unjust or inexpedient in its operation,
whether upon persons or corporations. the appeal
must be made to the Legislature and not to the
courts.
The judgment is affirmed. with costs.
The announcement of the decision created the
greatest interest and it was the subject of dis
cussion everywhere. The officers and
directors of the telephone company such
of them as were here, Immediately
communicated the fact to the headquarters
at Chicago. A meeting Of the directors has bsen
called for Monday. but it will be several days
before it is known what the company will do
whether it will withdraw its service from the city
entirely, or give service under the terms of the
law.