[Telegram from Harris Leon Kempner to Mary Jean Thorne, October 6, 1955] Page: 2 of 2
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ALL MESSAGES TAKEN BY THIS COMPANY ARE SUBJECT TO THE FOLLOWING TERMS:
To guard against mistakes or delays, the sender of a message should order It repeated, that is, telegraphed back to the originating office for comparison. For this, one-half the
unrepeated message rate is charged in addition. Unless otherwise indicated on its face, this is an unrepeated message and paid for as such, in consideration whereof it is agreed between
the sender of the message and the Telegraph Company as follows:
1. The Telegraph Company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery, of any message received for transmission at the unrepeated-
message rate beyond the sum of Ove hundred dollars; nor for mistakes or delays in the transmission or delivery, or for non-delivery, of any roersage received for transmission at the repeated-
message-rate beyond the sum of five thousand dollars, unless specially valued; nor in any case for delays arising from unavoidable interruption in the working of its lines.
2. In any event the Telegraph Company shall not be liable for damages for mistakes or delays in the transmission or delivery, or for the non-delivery, of any message, whether
caused by the negligence of its servants or otherwise, beyond the actual loss, not exceeding in an event the sum of live thousand dollars, at which amount the sender of each message
represents that the message is valued, unless a greaterr value is stated in writing by the sende, thereof at the time the message is tendered for transmision, and unless the repeated-message
rate is paid or agreed to be paid and an additional charge equal to one-tent of one per cent of the amount by which such valuation shall exceed dye thousand dollars.
3. The Telegraph Company is hereby made the agent of the sender, without liability, to forward this message over the lines of any other company when necessary to reach its
destination.
4. Tha app!cable tarin charges on a message destined to any point in the continental United States listed in the Telegraph Company's Directory of Stations cover its delivery within
the established city or community limits of the destination point. Beyond such limits and to points not listed in the Telegraph Company's Directory of Stations, the Telegraph Company does
not undertake to make delivery b+:t will endeavor to arrange for delivery by any availahe means as the agent of the sender, with the understanding that the sender authorizes the collection
of any additional charge from the addressee and agrees to pay such additional charge if it is not collected from the addressee.
5. No responsibility attaches to the Telegraph Company concerning messages until the same are accepted at one of its transmitting offices; and if a message is sent to such office by
one of the Telegraph Company's messengers, h acis for that purpose as the agent of the sender: except that when the Telegraph Company sends a messenger to pick up a message, the mes-
senger in that instance acts as the agent of the Telegraph Company in accepting the message, the Telegraph Company assuming responsibility from the time of such acceptance.
6. The Telegraph Company will not b liable for damages or statutory penalties when the claim is not presented in writing to the Telegraph Company, (a) within ninety days
after the message is filed with. the Telegraph Company for transmission in the case of a message between points within the United States (except in the case of an intrastate message in
Texas) or between a point in the Lnited States on the on hand and a point in Alaska, Canada. Mexico, or St. Pierre-Miquelon Islands on the other hand, or between a point in the United
States and a ship at sea or in the air. (b) within !; days after the cause of action, if any, shall have accrued in the case of an intrastate message in Texas, and (c) within 180 days after
the muesauc is liled with the Telegraph Company for transmission in the case of a message between a point in the United States and a foreign or overseas point other than the points
speciied sa ove in ttis paragraph; provided, however, that this condition shall not apply to claims for damages or overcharges within the purview of Sectiou 115 of the Communications
Act of 1:34, as amended.
7. It is agreed that in any action by the Telegraph Company to recover the tolls for any message or messages the prompt and correct transmission and delivery thereof shall be
presumed, subject to rebuttal by competent evidence.
8. Special terms governing the transmission of messages according to their classes, as enumerated below, shall apply to messages in each of such respective classes in addition to
all the foregoing terms.
9. No employee of the Telegraph Company is authorized to vary the foregoing.
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CLASSES OF SERVICE
DOMESTIC SERVICES INTERNATIONAL SERVICES
TELEGRAM FULL RATE (FR)
The fastest domestic service. The fastest overseas service. May be written in code, cipher, or in any language ex-
pressed in Roman letters.
DAY LETTER (DL) LETTER TELEGRAM (LT)
A deferred same-day service, at low rates.
For overnight plain language messages, at half-rate. Minimum charge for 22 words applies.
NIGHT LETTER (NL)
SHIP RADIOGRAM
Economical overnight service. Accepted sip to 2 A. M. for delivery the following morning;
at rates lower than the Telegram or Day Letter rates. For messages to and from ships at sea.
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Reference the current page of this Letter.
Kempner, Harris Leon. [Telegram from Harris Leon Kempner to Mary Jean Thorne, October 6, 1955], letter, October 6, 1955; (https://texashistory.unt.edu/ark:/67531/metapth1360631/m1/2/: accessed July 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Rosenberg Library.