Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-03-27
TELEGRAM CASE
IS IN COURT
To Whom Must Telegraph
Company Deliver a Mes
sage? Is Question
WESTERN UNION IS SUED
r. E. johnson Wants $500 Da-
images Because He Lost
Government Job.

Does a telegraph company fulfill its
contract when it delivers a telegram
as addressed by the sender. or does
the agent have to transmit it to some
new address, if such address is left
at the office?
This and other questions were in
volved in the suit brought by r. f.
johnson against the Western Union
Telegraph Company asking $500 dam
ages for their alleged failure to de-
liver him a message in April, 1908,
declaring that such failure cost him
an $500 a year government job.
The suit was brought in the dis
trict court here before Judge McFie
and went to the jury this afternoon.
1t excited unusual interest because of
the importance the public generally
attaches to the delivery Of kilograms
and the many difficulties the telegraph
companies find in delivering them.
The telegram in question was sent
to Mr.. Johnson and marked Claire
hotel, Santa Fe 1t is said that it re-
posed peacefully on the desk OF the
clerk of the Claire hotel for week.
Mr.. Johnson swore that he left an
address for the message to be sent
instead of the Claire, to a house on
Johnson street in this city.
But equally emphatic was Mrs.
Plunkett, wife of the present Western
Union telegraph operator who is out
of town, that no such address was on
any record book or slips in the West
ern Unions Office here.
Colonel f. w. Dobson of Albuquer-
que represented the Western Union
Company and Colonel George ".
Prichard the plaintiff.
Colonel Dobson, in his argument,
admitted the duty telegraph COM
pany has in delivering messages, but
said that in this case the Western
Union had fulfilled its obligation By
sending the message to Mr.. Johnson
at the Claire hotel wither it had been
addressed by the sender, a govern
ment official. He contended that if
the message had been simply ad-
dressed r. E. Johnson, Santa Fe. it
would have devolved on the company
TO hunt Mr.. Johnson up and give him
the message.
Colonel Prichard contended that the
telegram had not been delivered to
the man to whom it was addressed
and that the company should be held
Irresponsible otherwise what safety has
the public in transmitting messages
by telegraph, such messages general
ly being of great importance.
The verdict of the jury is expected
this afternoon.
Verdict of S146.o5.
Shortly before o'clock this after
noon the jury returned a verdict OF
$146.05 for the plaintiff
| 1t is understood that the Western
| Union company will take an appeal.
To Mandanns auditor.
| DR.. c. F. Lukens, head of the Child
ren's Home of Albuquerque is in the
city to mandamus the territorial audit.
or to have him raise a levy sufficient
! to pay $4,000 for the use of the Child
ren's Home Society for its 63d fiscal
year. The auditor has refused TO
make the levy contending that by
the language in the appropriation act,
the Children's Home is not entitled
to further aid, levy having been
made in the 61st and 62d years. The
act says, providing this society shall
at no time in the future call on the
territory for any further appropriation
of any kind or character" This mat
ter was submitted this afternoon to
Judge McFie, now presiding over the
district court
Mandamus Is Allowed.
Judge McFie allowed the mandamus
which means that the territorial au-
ditor will have to pay $4,000 to the
Children's Home each year until the
legislature meets.