Although but a few years have elapsed since the invention of the electric telegraph, it is already in very general use. It joins provinces and nations separated by streams and seas, and now covers a large part of our country, and spans the ocean between the two great continents. And wherever it exists it is largely used as an instrument of communication for social, business, or political purposes. In Europe and in this country there are laws regulating the construction, establishment, and use of electric telegraphs. They embrace a wide extent and variety of topics. What we propose to do, as appropriate to the general purpose of this work, is to consider the Law of Communication by Telegraph in its relation to the Law of Contracts.1

We shall treat, first, of the legal character of the company which owns and works a telegraph. Secondly, the contract between the telegraph company and the sender of a message. Thirdly, the breaches of this contract. Fourthly, the contract between the telegraph company and the receiver of a message. Fifthly, the breaches of this contract. Sixthly, contracts between the sender and receiver made by telegraph. Seventhly, the measure of damages.

1 A contract between a railroad and telegraph company giving the latter the exclusive right to ran its wires along the road of the former, is void as against public policy, in restraint of trade, and as tending to create monopolies, and is an interference with the State's right of eminent domain. West. Un. Tel. Co. v. Am. U. Tel. Co. 65 Ga. 160. And likewise a contract between a telephone company and the owner of telephone instruments, to the effect that, in the use of such instruments by the company, discriminations shall be made as between certain telegraph companies, is void as against public policy. State v. Bell Telephone Co. 36 Ohio St. 296.

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