different states. In many of them an ordinary
book account or negotiable note is outlawed after six years, and
cannot be enforced after that time unless the debtor has revived it by
a new promise or part payment. A judgment against one usually runs
twenty years.
=Telegraph and Telephone.=--Though the business of a telegraph company
is public in its nature, it is not a common carrier, and it may
therefore set up reasonable regulations for the reception,
transmission and delivery of messages. As it is a quasi public
corporation, it must extend its services to all that apply therefor
and offer to pay the charges. And if refusing it may be compelled to
do these things. The company may charge more to one person than to
another when the service is unlike, though not enough to amount to an
unjust discrimination. The difference in charges must bear some
relation to the different services rendered.
A telephone company cannot legally discriminate between two competing
telegraph companies by giving one the telephone call word "Telegram"
and thereby depriving the other telegraph company of business. Nor can
a telephone company legally charge a higher rental for a telephone to
a telegraph company than to any other patron. Nor can a telegraph
company discriminate against another in refusing credit which is given
to other responsible parties.
A strike may be a sufficient excuse for failure to have sent messages
promptly, though not excusing a railroad company for failure to
deliver freight as if no strike had happened. A state may impose a
penalty on a telegraph company for failure to deliver promptly in the
state messages coming from other states. And a state may impose a
penalty on a telegraph company for failure to perform its clear common
law duty to transmit messages without unreasonable delay, and this
statute applies to messages to points outside the state if it relates
to delay within the state. A state statute prohibiting telegraph
companies from limiting their liability for the transmission of
telegrams within the state is constitutional. The state may prohibit a
telegraph company from transmitting racetrack news. A telegraph
company must transmit a message unless it contains indecent language.
Nor is it liable for libel in transmitting a telegram stating that a
person had been bought up.
It is reasonable for a telegraph company to close its office on
holidays, except two hours in the morning and two hours in the
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