The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-10
Messrs. Busbee and Ma
t[son Champion Oppressed
THE POOR COMPANIES
Mr.. Wright's Bill Making Penalty for
UndeIivered Me. sages a Horror"
Says Mr.. Busbee: Eminent
Domain" a Pretext for In
justice, Says Mr.. Mason.

on telegraph companies for failure 10
transmit or deliver paid messages
within Il reasonable time took up Gn
hour aud a half of the time of the
Senate Judiciary Committee and re-
suited iii an old fashioned time of
oratory. during which the railroad 5
and telegraph companies figured as
martyrs to the persistent wrath Of
ungratcful people and The Democratic
party was given q roasting by -eua-
tor Mason. Of CASTOR. whose express
sions of opinion met with the hearty
approval of Senator Pearson, Repub-
lican, Of Burke.
During the course Of the proceed
ings the committee was otherwise re-
galed by Hon. F. II. Busbec. who
drew n touching picture of the nerv-
Gus prostration suffered by the tele-
graph companies by reason of the
mental anguish of their patrons, and
vino distributed epigrams and wit
ticism with the broad cast of sower
of wheat.
After q discussion in which nearly
every member of the committee par
ticipated. first and last. the bill was
referred to a subcommittee To draft
q substitute and report back TO the
full committee on Tuesday week.
The Building and Loan Association
bill. which was sent to sub-com-
mittee for redrafting on "Wednesday
was reported back TO the committee
by Senator Mason, but there was
some opposition and more doubt as
r 10 the legal effect of the clause i'll the
bin exempting the companies from
county and city taxation. senator
Gillian in particular stating that ne
feared that clause to be unconstitu-
tional.
l..J i'm ref
10 a subcommittee composed OF
Senator's Gillian. Zollicoffer and
Pearson. TO examine the constitution
ality of the clause as to taxation and
report back to the committee on
Thursday of next week.
The Poor Telegraph Companies.
IT was after the disposal Of the
pnilding and Loan bill and the favor
able report on local act as to jurors
an Forsythe county that the real run
of the afternoon was given its impetus
by the telegraph bill of Mr.. wright
referred to above.
The bill provided that on failure of
a telegraph company to promptly
transmit or deliver message IL
should be liable TO a penalty of S10o
TO the sender and 5000 to the sendee
of the message. Senator Wright. in
speaking to his bill stated that it was
intended to cover cases i'll when
messages were received and paid FOR
or their payment was guaranteed ana
such messages were either not sent or
not delivered within reasonable
time. He explained that as the law
now stands. only the price of the
Telegram can be recovered and no con
seouential DANA ges. 1t could not ap-
DIV. said he. to cases of kilograms sent
from out of the State, since the law
was that the measure of damages was
covered by the laws OF the state, III
which the message originated. Inc
provision as to an unequal penalty ne
was willing to eqIaliZe, but he feit
that there ought to be a penalty OF
SOME sort He cited instances snow
ing cases in which persons SUBJECTED
10 great and positive financial loss
had been unable to recover Dv rea-
son of the rule of CONSEQUENTIAL danl-
ages. although in cases of mental
onouisb they could recover for negli-
gence in the transmission or delivery
of business. The object which peo-
pIe had in using a telegraph company
was to get an instantaneous service
and they were entitled to get II. L,
was a long-felt want ana ne hopeu
for n favorable report.
During the previous dellbefatiohS
of the committee Hon. +. III. Busbee
had been a politely, if not an acuteIy
Interested listener. One could see
that he was ready with things TO say
that he strained OF the leash oil Sill
ence. As Mr.. Wright concluded Mt
Busbee arose and it was all away III
an instant.
i'm . comprehensive and oratoricai
pause. Mr. BusDee stretched thP
muscles Of his diction With the pre-
Jiminary assertion that he had frs'
read the bin with Incredibly; 1t Was
l.. lNslr tCnx lad
from that satisfying emotion to one o.
alarm. The hopelessness that seems
10 underlie the carnestness of his at
tack was pathetically affecting. II
,yas q kind of come one, como all
attitude which was truly inspiring.
Lay on, pile US down. grind MS to
the ground" seemed to say Mr.. BUS
bee-.'but when you have found the
straw to break our backs, even III
that hour will we raise our heads TO
bespeak your iniquity to your face.
He had thought. said Mr.. Busbee,
that i'm North Carolina the telegraph
companies had been subjected to pen
altieS that were as severe as lay III
the reason of man. But the present
supreme Court had gone DOW shot
beyond it's previous decisions IN the
matter of mental anguish, When II
haa decided that mentaf anguish
could he recovered for when there
was no allegation as To health, OF
sickness or death. AS to this bill
ana Mr.. Busbee, with a wave or ms
hand. failed to land the descriptive
word
Suits against telegraph companies,
sad he were becoming lntoierapis
burdensome
"Do YOU know? he asked CONT
dentially. that of $4,000 of receipts,
fol n N
paid out last year over so per cent OF
$4,000 in damages and legal eS-
penses?"
OF the 344 telegraph Offices in the
State said Mr.. Busbee, 125 of them
had receipts from domestic business
of less than five dollars a month. 1870
received less than $25 month and
80 offices only received more than S25
monthly.
Mr. Busbee continued at length To
talk about the litigation TO which the
telegraph companies were subjected,