int, sometimes of considerable importance, concerns the time
when a letter takes effect, and this is governed by the question of fact
as to whom the Post Office Department is acting for. If, in making an
offer, I ask for a reply by mail or simply for a reply, I constitute the
mail as my agent, and the acceptor of that offer will be presumed to
have communicated with me at the moment when he consigns his letter to
the mails. He must give the letter into proper custody--that is, it must
go into the regular and authorized channels for the reception of mail.
That done, it makes no difference whether or not the letter ever reaches
the offerer. It has been delivered to his agent, and delivery to an
agent is delivery to the principal. Therefore, it is wise to specify in
an offer that the acceptance has to be actually received.
The law with respect to the agency of the mails varies and turns
principally upon questions of fact.
Letters may, of course, be libelous. The law of libel varies widely
among the several states, and there are also Federal laws as well as
Postal Regulations covering matters which are akin to libel. The answer
to libel is truth, but not always, for sometimes the truth may be spread
with so malicious an intent as to support an action. It is not well to
put into a letter any derogatory or subversive statement that cannot be
fully proved. This becomes of particular importance in answering
inquiries concerning character or credit, but in practically every case
libel is a question of fact.
Another point that arises concerns the property in a letter. Does he who
receives a letter acquire full property in it? May he publish it without
permission? In general he does not acquire full property. Mr. Justice
Story, in a leading case, says:
"The author of any letter or letters, and his representatives, whether
they are literary letters or letters of business, possess the sole and
exclusive copyright therein; and no person, neither those to whom they
are addressed, nor other persons, have any right or authority to publish
the same upon their own account or for their benefit."
But then, again, there are exceptions.
CHAPTER XII
THE COST OF A LETTER
Discovering the exact cost of a letter is by no means an easy affair.
However, approximate figures may always be had and they are extremely
useful. The cost of writing an ordinary letter is quite surprising. Very
few letters can be dictated, transcribed
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