The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-17
Western Union and Postal Com
panies the Defendants.
EXEMPLARY DAMAGES
Demanded by L. Blackman and
B. f. KaSSebaum For
Failure to Secure the Low
Rates Fixed by Law.
Litigation Begins in a Shawnee
Justice Court.

Two suits have been filed by B. F.
kassehaum and L. Blackman of this
city against the Postal and Western
Union Telegraph companies for a total
of $50, 100 damages, alleged to have been
caused by the failure on the part of
the telegraph companies to receive and
transmit messages at the reduced rates
prescribed by the law passed by the
special session of the legislature.
This is the first declaration of war
against these companies, although the
law has been in effect some weeks.
The new law reduces the cost of te1e-
grams to Is cents, with 1 cent added for
each additional word above ten.
The litigation has been COMMENCED
in a justice of the peace court in Sol
der township over which T. T. Wright
presides The plaintiffs filed the suits
in this court to avoid the payment of
the fees prescribed for such litigation
in the new city court.
Mr.. Blackman appears as plaintiff in
the suits against the Western Union
The petition contains POI separate
charges and asks for damages to the
amount of 2O,100, as the law provides
that failure on the part of the COM
pany to receive and transmit messages
at reduced rates provided by the law
shall make the company subject to 500
DANA geS for each telegram.
The suit against the Postal filed by
Mr.. Kassebaum is for 800 damages,
one telegram at the reduced rates.
Mr.. BIackman filed with the Western
Union POI kilograms and rendered the
company Is cents for each of them. The
company promptly refused to accept
the messages at the rates prescribed
by the new law and the suits resulted.
The provisions of the law under which
the suits were instituted follows:
ANY person, company or corporation
engaged in the business of receiving
and transmitting telegraphic messages
within this state refusing, failing or
neglecting to receive (either from the
person sending the same any con-
Meeting line, transmit and deliver, with
out unnecessary delay, any message Of
fered for transmission after the legal
charges under this act for transmission
and delivery have been paid or tender
ed, 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 liza
bic to the person sending or trying to
send such message 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
| manner affect the rights of such per-
sons to recover actual damages for fail
ure to send or deliver such message, in
addition to the forfeiture herein pro-
vided for
Coupnsel for the Western Union con-
tend that the attorneys for the plain
tiffS, in the multiplicity of suits filed
| against their client, made a fatal mis-
take by Incorporating the POI suits in
| one petition. This can be done in the
| district court, but it is claimed that
| there must be a separate petition for
| each suit before a justice A motion
| will be made to quash the suits, and, if
| this is overruled, the company will sim
| ply let the justice do his worst and, if
| he renders judgment against it, then
| injunction proceedings will be institu-
| ted to restrain the enforcement of the
| judgment.