afternoon, and therefore is not liable for delay in transmitting a
message because of this delay. The unauthorized writing out and
sending of a telegram in another person's name is a forgery.
When a telegram must pass over two connecting lines the receiving
company may require the sender to designate what route the message is
to take, and to pay an extra charge for the words indicating such
route. A telegraph company is not privileged in transmitting messages,
but they should not be made public, except to produce them when
legally required in court. Under the New York statutes it is a
criminal offense for a telegraph employee to divulge the contents of a
telegram to any other person than the addressee, except when it
relates to unlawful business. In that case the employee may give
information to the public officer who is prosecuting the unlawful
sender. It is a criminal offense to open or read a sealed telegram, or
to tap a telegraph wire in order to read messages in course of
transmission.
In regulating the receipt, transmission and delivery of telegraph
messages, the rules differ from those that are to be transmitted
within the state from the rules for interstate messages. The rules
with respect to the latter are governed by the Interstate Commerce
Act of 1910, state messages are governed by the laws of their
respective states. By the federal law, therefore, a telegraph company
providing one rate for unrepeated messages, and another and higher
rate for those repeated, may stipulate for a reasonable limitation of
its responsibility when the lower rate is paid. And if the contract
provides that for any damage resulting from sending the telegram, the
sender must give notice within sixty days, he is bound by this
stipulation, and is without redress if he delays to act beyond the
time.
=Torts or Wrongs.=--"A tort is an act or omission which unlawfully
violates a person's right created by the law, and for which the
appropriate remedy is a common law action for damages by the injured
person." The right that is violated is private and not public, which
marks off a tort from a crime. Again, the wrongful act may be a
violation of both a private and public right, in which case both the
individual and the state have a remedy against the wrongdoer. Thus A
without excuse attacks B and bruises his nose. B has an action to
recover damages against him for despoiling his countenance; the state
also may proceed against him in
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