The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-04-20
Resolution adopted by the house OF
representatives April 14th. 1913.

| A6SC1uL1On aQOpTe0 Dy the mouse q
representatives April 14th. 1913.
BY Mr.. Farris, OF Duval.
House Resolution No. So:
Whereas, there is grave injustics
in our law. in this: That If tele-
gram, advising OF the serious illness
Of ones mother, wife, or child, be de-
livered to and accepted by telegraph
company, for transmission and deliv-
cry, and the charge of the company be
prepaid. and the telegram be not sent
or not delivered through the careless
ness or neglect of the company, and
the loved one should die and be buried,
without the knowledge of the person to
whom the telegram was sent, although
| such person suffer the most poignant
grief, the telegraph company cannot be
| held responsible in damages. for its
neglect OF duty. in failing to deliver
such message; and,
Whereas, il telegram related to the
sale of a hve dollar hog, and because
OF the telegraph company's neglect of
duty, the sale of the hog was lost, the
telegraph company could be held re-
sponsible for such loss; and,
Whereas, 1t is apparent that tele-
graph companies in this state would
serve their own interests and delay
kilograms relating 70 matters held
most sacred by man throughout the
world, so that they can promptly
transmit and deliver kilograms relating
to hogs and cattle. and
Whereas, In the former class or
cases they can neglect their duty with
impunity, but in the latter class OF
caused by their neglect OF duty and
Whereas, the reason given by the
courts for this unjust rule OF law is
that the damage sustained is so In
definite that the jury cannot estimate
the damage with certainty and
Whereas the same court permit re-
covery Of damages for physical and
mental pain and suffering resulting
from broken legs. mashed fingers. and
the like, and also permit the recovery
of damages for grief and wounded
feelings, If a man refuses to marry q
woman whom he has promised to
marry. and the same courts permit re-
covery Of damages for wounded feel
ings and indignity II a railroad con-
ductor wrongfully eject passenger
from train in the presence of other
passengers, and the same courts per-
init recovery OF damages for indignfty,
humiliation and disgrace II a news
paper falsely publish that one has been
guilty of crime, as well as in other
cases where the damage is equally I'M
certain and difficult Of entertainment;
and
Whereas, In the States Of Alabama,
Arkansas, Iowa, Kentucky, Louisiana,
Nevada, Texas, North Carolina, South
Carolina. and perhaps other states. re-
r. To- 1ra
class of telegraph cases mentioned, but
recovery of damages In such cases rs
DENIED IN THIS STATE; and
Whereas, the juries in those states
mentioned, estimate the damages to be
allowed in all suits for mental and
physical pain and suffering in personal
injury cases for humiliation, indignity
and grief, in breach of promise to
marry cases. libel and SANDER, wrong
full ejectment from railroad trains and
street cars, and in other like cases;
and
Whereas, we believe that the juries
in Florida are as intelligent and capa-
BILE to estimate damages in the class OF
other states; and
Whereas, the Honorable John p.
Stokes. Senator from the second sena-
torial district Of Florida, has prepared
and introduced a bill to remedy the de-
feet in the law above pointed out, said
measure having been introduced In the
house by Representative Ion L. Farris,
OF the county of Duval: and
Whereas, the said measure upon It's
in the house was referred
to the house committee on railroads
and telegraph; and
Whereas. the chairman Of said COM
mfttee fhH HonnrahIa r TomIin
representative from Hillsboro county.
gave public notice in the house on Fri
day. April 18th, 1913, that said commit
tee would hold a public meeting. In
committee room number - on Satur-
day, April 18th 1913, at nine o'clock ..
m. for the purpose OF considering said
measure. and hearing arguments for
and against the same: and
Whereas, said committee did meet at
the time and place mentioned; and
Whereas, Fred T. Myers, Esq. APP
peared before said committee and
stated that he represented as attorney
the Western Union Telegraph Com
pany. the Interests most vitality af-
fected by said measure" and the said
Fred T. Myers Esq, asked that the
of the said measure be
postponed until Monday afternoon.
April 14th, for the reason that the said
interests represented by him were en-
titled to a fair hearing and that he
has not had time to prepare an argu-
ment which he intended to make
against said measure: and,
Whereas, the Hon. John p. Stokes,
replied to the said attorney for the said
Telegraph Company calling attention
to the fact that he. the said Senator
Stokes, represented eight hundred