The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-01-20
TELEGRAPH MEN
ARE WROUGHT UP
Mental Anguish Bill Attacked
Before Committee.
THE FIGHT GOES OVER
Col. Mcintosh, Of Atlanta, Appear, d for the
Postal Yesterday, and Mr.. Fab Busbee
Will Speak for Western Union at
Mex Meeting.

The Judiciary committee of the House
met yesterday morning and considered
several bills of Importance, among them
being the mental anguish bill introduced
by Mr.. Guion. of Craven. Governor
Doughton presided over the meeting, Mr..
Newland being afflicted with a severe
cold.
One of the bills taken up was a meas
urc by Mr.. Guion, to place all public
lands covered by water, and not hereto
fore entered, into the hands of the Board
of Education, in order that these lands,
some Of which are very valuable, might
not be granted by the State at the rate
of 121@c an acre, as may be done under
the law as it now stands.
1t was the general opinion of the com
mittee that the bill would work an in
justice in the western part of the State.
in the case of lands in the beds of
streams. Accordingly, the bill was re-
ferred back to Mr.. Guion, who consented
to draw substitute which should apply
only to swamp lands in the eastern coun-
ties.
The bill introduced by Mr.. King. of
Pitt, to amend section 1899 of The Code
by reducing the number of peremptory
challenges by defendant in capital cases
from % to 6. was voted on unfavorably
by a unanimous vote of the committee
Mr. Dobson, of Surry, moved to amend
by giving the defendant only Is Jury chal-
lenges instead of %. This was lost, and
the motion to report unfavorably pre-
vailed. The State has only peremptory
challenges.
Senator Blows bill requiring pleading5
10 he verified in the possessioning of
land will be reported favorably.
a favorable report was voted on Sen
ator Warren's bill to prevent anyone
from removing a common fence before
the crop protected by such fence is made.
The mental anguish bill of Mr. Guion
was then taken up. 1t provides that in
cases where a telegraph company is
shown to be negligent in delivering or
transmitting 2 message, damages can be
recovered, even though there be no bodily
injury.
Mr.. Guion said he hal introduced his
bill by request, and had no personal in
terest in the matter save that he thought
ii for the good of the State at large The
only case of the kind ne ever appeared
in was that of Young against the Yves
tern Union, in which the Supreme Court
established the precedent that damages
can be recovered in cases of mental an
guish.
There is 10 reason, Mr.. Guion ex-
planned, why telegraph company shall
he exempt any more than an individual,
who is liable for anguish caused by SLAM
der or libel where no bodily injury is in
flicted. The bill, said Mr.. Guion was
drawn on the same line as the South Car
DINA Law on the subject, which holds
good.
The telegraph companies, Mr.. Guion
argued, were the only corporations that
could not infict bodily injury, and there
fore they should not be free from action
for damage in the only province where
they can infict injury.
Col. b. r. Mcintosh of Atlanta, rep
resenting the Postal Telegraph Company,
Southern division, appeared against the
bill He claimed that in the majority of
States such actions were denied in the
courts, and that in every case before the
Federal courts, with one exception, such
suits were declared to be unwarranted
and unfounded on good morals. He read
frCm the decisions of the courts of va
rious States in cases of this kind to sup
port his claim that the precedent this
bill seeks to perpetuate was an Ubiquitous
one.
Why single out the telegraph COM
panies? he asked why not make it apply
to all parties entering into contracts?
He cited as an example the case of a
man who had given note, and failed to
collect All he could get by way of dam
ages would be the interest on the note.
Why impose upon the telegraph, that
one of the greatest public agencies for
good, restrictions that are not imposed
upon common carriers.
Mr. Parker, of Wayne, asked Mr. Nc
Intosh, what percentage of cases of this
kind the Western Union Telegraph Com
pany had lost in Texas.
He answered this by telling an anec-
dote of Private John Allen, and saying
that so far the Postal had not been dam
aged by these suits AS matter of fact,
he said, The company had not lost case
of this kind, but they had been subjected
TO considerable expense in litigation. AS
for the Western Union in Texas, he said,
more money had been recovered in that
State IN mental anguish cases than it
cost to maintain the lines of that COM
Tany in the State of Texas.
Mr. Fab Busbee, who was present to
represent the Western Union Telegraph
Company. said that he would speak for
his company before the committee at its
next meeting.