Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-04-17
AFTER TELEGRAPH COMPANIES
WESTERN UNION SUED FOR 100000
PUNITIVE DAMAGES.
Suits Filed Under the New Law Which
Gives Patrons 800 Each for
Messages Which Are Re-
fused at the Rates
Fixed by Law.


and Postal Telegraph Companies for refus-
ing to reduce telegraph tolls in Kansas. in
accordance with the law passed at the re-
cent extra session of the Legislature. Late
yesterday. 2M civil cases were filed against
the Western Union for damages aggregat-
ing s2O, 100, and one suit against the Postal
for 500 damages. The cases were brought
before Squire Wright. justice of the
peace of Soldier township, country pre-
cinct in Shawnee county. The plaintiffs in
the suits against the Western Union are
L. Blackman, a wholesale beer agent, and
Josiah Jordan, ex-county superintendent of
schools. The suit against the Postal was
filed by Kassebaum. q local commission
merchant z..,.--.,---i, -.
The new law reduces ten-word kilograms
in Kansas to Is cents and allows 1 cent for
each additional word. 1t places telegraph
companies under the control Of the court
Of visitation just established. and gives that
court authority to make any change in the
rates necessary to make them reasonable.
Although the court has been organized
now for week. the telegraph companies
have not put in the new rates.
Section z, Of the telegraph law, provides:
ANY person, company or corporation en-
gagged in the business of receiving and
transmitting telegraphic messages within
this state refusing, falling or neglecting to
receive (either from the person sending
the same or any connecting lne), transmit
and deliver, without unnecessary delay,
any message offered for transmission after
the legal charges under this act for trans
mission and delivery have been paid or
rendered, or refusing. failing or neglecting
to transmit and deliver. without unneces-
sary delay, any message received for
transmission and delivery. either from the
person sending the same or any connecting
line, shall forfeit and be liable to the per-
son sending or trying to send such mes
sage and to the person to whom the same
was sent or directed, in the sum of 800
each as damages. to be recovered in a civil
action by each of said parties In any court
of competent jurisdiction, together with a
reasonable attorneys fee in each court into
which said action may be taken, by appeal
or otherwise. This section shall not in any
to recover actual damages for failure to
send or deliver such message. in addition
to the forfeiture herein provided for"
Blackman and Jordan. who know a good
thing when they meet it in the road, saw
an opportunity to get good slice OF Gould )
money by way Of the Western Union. SO
they wrote out 201 kilograms to as many
different people in Kansas and demanded
that they be sent at the reduced rate pre-
scribed by law. They rendered the local
agent Is cents for each message. He re-
fused to send the messages for the reduced
rate. Then they hunted up a lawyer and
brought suit against the company for 500
damages for each of the 201 kilograms. un-
der section above quoted. The suits were
filed with country justice Of the peace
and they are set for hearing April q.
The case filed by Kassebaum against the
Postal was for its refusal to send a mes
sage at reduced rates.
Counsel for the Western Union contend
that the attorneys for the plaintiffs. in the
multiplicity of suits filed against their
client, made a fatal mistake by incorporat-
ing the 201 suits in one petition. This can
be done in the district court, but it is
claimed that there must be separate petit
ton for each suit before a justice. A mo-
ton will be made to quasn the suits. and,
IL lHiS lS oNeITuieus tue CoInpdHy Will
simply let the justice do his worst and, if
he renders judgment against it. then in
junction proceedings will be instituted to
| restrain the enforcement of the judgment.
1t is charged that Blackman and Jordan did
not pretend to send the kilograms in good
faith; that they saw chance to make the
Western Union dance and possibly get
judgment against 1t for a large amount
and took advantage of it.
The filing Of these suits will force the
companies to secure q ruling on the con-
stitutionality of the new law at the earliest
possible moment. 1t will be almost i'm
possible to prevent such annoyances arising
from every section of the state. Patrons Of
the companies who We're compelled to pay
for war stamps feel like making them all
the trouble they can, and, as there are
about $500 justices of the peace in the state,
1t can be seen what an opportunity there
| Is to keep the companies in hot water con-
tinually.
The companies did not expect the fight
| to come up in this shape. They had figured
that 1t would come up in proceeding
before the court Of visitation. Then, If the
Judgment of that court was not satisfactory
to the companies they proposed to test
the consitutionality of the law in the fed
eral courts. In case the law is held valid.
It Is said that rates to other states will
be increased sufficiently to make up for
the loss of revenue occasioned by putting
in the reduced rates on Kansas business.