The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-01-31
SUPREME COURT DECISIONS.
The Western Union Gains % suit
states Rights Upheld.
Special Dispatch 10 The Appeal.

fItftal hsIutcn 70 Inc Appeal
WASHINGTON, Jan. a0.-Among the de-
cisions rendered by the supreme court Of
the United States today was one involving
the question Of the responsibility OF a
telegraph company for the neglect and
delay in the delivery Of a telegram. The
case in which the question arises Is that
OF the Western Union Telegraph company
vs.. q. I. Hall, brought here by writ OF
error to the United States circuit court for
the Southern district Of Iowa. On Novem-
her o, 1852, q. I. Hall tclegraphed from
Des Moincs, Ia, TO Charles T. Hall, Of
Oil City, Pa, TO buy 10000 barrels Of
petroleum, II thought safe. Through al
legged negligence on the part Of the West
crn Union Telegraph company's employees
this telegram was not delivered 10 the adj
dress until O'Clock pm, when, the ex-
change having closed, IL was too late 10
execute the order
At the opening Of the exchange on the
following day the price Of petroleum had
advanced lscents n barrel. Hall contends
that by reason OF the failure Of the tele-
graph company 10 deliver his message
promptly he lost 81, 500, viz: The sum
which he would have made had his order
60 buy been duly executed, and had the oil
10 bought been sold at the advance Of Is
cents on the following day. This court, in
an elaborate opinion by Mr.. Justice Mat
thews, holds that the only theory
in which the plaintiff could show
actual damage or loss, IL on the
supposition that II he had bought on
November o he might and would have sold
ON the 10th. II Is clear, however, that he
has not suffered any actual loss. No trans
action was In fact made, and there being
neither purchase nor q sale, and there
was no actual difference between the sums
paid out and the sums received, and In
consequence, which could be set down in
profit and loss account. 1.-THE order had
been promptly delivered on the day II was
sent and had been executed on that day, Il
IL not found that Hall would have sold the
next day at the advance, nor that lac could
have rcsold nj profit at any subsequent
day. The only damage for which he is
entitled 10 recover is the cost OF transmit
ting the delayed message.
The judgment is reversed and the cause
rcmanded, with directions 10 enter judg-
ment for that sum merely.
A decision was also rendered by the
court today in the case Of jos. J. Smith
against the State Of Alabama which pre-.
sen,s another phase OF the question OF
States rights. Smith, the plaintiff in
error, was n locomotive engineer, In the
service Of the Mobile & Ohio railroad
company, and was engaged In managing
locomotive which regularly hauled trains
into and out Of the State of Alabama,
l-t not between points wholly within that
State. lie was arrested for failure 10 pro.
vide himself with tho engineers license
required by an act Of the General As.
sembly Of Alabama lie sued out q
writ Of habcas corpus and asked 10 be re.
leased upon the ground that the act OF the
General Assembly Of Alabama above NJ.
ferrcd TO II In violation Of that clause oI
the United States constitution which con
frm upon Congress power TO regulate com
merce among the States.
This court Is Of the opinion
!. That the statute Of Alabama, the Va
lidity Of which is under consideration, Is
not, In It's own nature, q regulation OF IN
lerstate commerce, even when applied ~
In this case.
2. That II Is properly an act Of lcgisla
hon within the scope Of the admitted
power reserved 10 the States. 10 regulate