[Telegram from D. W. Kempner to Automobile Club of America, April 29, 1948] Page: 2 of 3
[1] p. ; 16 x 21 cm.View a full description of this letter.
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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 this Company as follows:
1. The Company shall not be liable for mistakes or delays in the transmission or delivery, or for inon-delivery, of any message received for transmission at the unrepeated-message
rate beyond the sum of five hundred dollars; nor for mistakes or delays in the transmission or delivery, or for non-delivery, of any message 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 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 any event the sum of ve thousand dollars, at which amount the sender of each message represents that
the message is valued, unless a greater value is stated in writing by the sender thereof at the time the message is tendered for transmission, and unless the repeated-message rate is paid or
agreed to be paid, and an additional charge equal to one-tenth of one per cent of the amount by which such valuation shall exceed live thousand dollars.
3. The Company is hereby made the agent of the seder, without ability, t forward this message over the lines of any other company whed necessary to reach its destination.
4. Except as otherwise indi ated in cnnection with tbe listIn of Individual laces in the filed tariffs of the Company, the amount paid for the transmission of a domestic telegram
or an incoming cable or radio message covers its delivery within the following limits: In cities or towns of 5,000 or more inhabitants where the Company has an office which, as shown by the
filed tariffs of the Company, is not operated through the agency of a railroad company, within two miles of any open main or branch office of the Company; in cities; or towns of 5,000 or
more inhabitants where, as shown by the filed tariffs of the Company, the telegraph service is performed through the agency of a railroad company, within one mile of the telegraph office;
in cities or towns of less than 5,000 inhabitants In which an office of the Company Is located, within one-half mile of the telegraph office. Beyond the limits above specified the Company
does not undertake to make delivery, but will endeavor to arrange f*or delivery 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. There will be no additional charge for deliveries made by telephone within
the corporate limits of any city or town in which an office of the Company is located.
5. No responsibility attaches to this Company concerning messages until the same are accepted at one of its transmitting offices; and ifa message is sent to such office by one of
the Company's messengers, he acts for that purpose as the agent of the sender.
6. The Company will not be liable for damages or statutory penalties in the case of any message except an Intrastate message in Texas where the claim is not presented in writing
to the Company within sixty days after the message is fled with the Company for transmission,.and in the case of an Intrastate message in Texas the Company will not be liable for damages
or statutory penalties where the claim is not presented in writing to the Company within ninety-ve days after the cause of action, if any, shallhaveaccrued; provided, however, that neither
of these conditleis Shall apply to claims for damages or overcharges withla the purview of Section 415 of the Communications Act of 1934.
7. It is agreed that In any action by the Company to recover the toils 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 Company is authorized to vary the foregoing.
10-42
CLASSES OF SERVICEDOMESTIC SERVICES
FULL RATE TELEGRAMS
A full rate expedited service.DAY LETTERS
* A deferred service at lower than the full rate
SERIALS
Messages sent in sections during the same day.
NIGHT LETTERS
Accepted up to 2 A.M. for delivery not earlier than the following morning at rates
substantially lower than the full rate telegram or day letter rates.CABLE SERVICES
FULL RATE CABLES
The standard fast service at fIll rates. May be written in any language that can be
expressed in Roman letters or in cipher.CODE (CDE)
A fast message service consisting of words formed without condition or restriction.
counted at 5 characters per word. Minimum charge of 5 words applies.
DEFERREDS (LC)
Plain language messages, subject to beeig deferred in favor of full rate and CDE
messages.
NIGHT LETTERS (NLT)
Overnight plain-language osmags Miniymu m garge of 25 words applies.DOMESTIC SERN CE
Check the class of service desired;
otherwise this message will be
Setasa l eteeram
FULL,.RATS SERIAL
PAY NIGHT
LETTER R L TTERWESTERN
UNIONINTE R ATINAL SERVC
1206 Check the class of servicedesired;
otherwise this message will be
[sent atthefull rate
FLRATE DEFERRED
CODE NGHTTelegraph your order for America's favorite magazines-HOLDAY, 1 yr., $5 " the Puihl, nsucer's
Post, 1 yr., $5 * LAOEs' HOME JOURNAL, 1 yr., $3. All prices U. S. only. No charge ad forcpieses not pr vIuu t
for wire. Pay Western Union clerk for subscription or when billed by publisher. einwlunouLI JOSEPH L. EGAN, PRESIDENT L BETTER
6M. WDS. -L. OF SVC. PD. OR COLL. CASH NO. CHARGE TO THE ACCOUNT OF TIME FILED
Send the following message, subject to the terms on back hereof, which are hereby agreed to
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Kempner, Daniel W. (Daniel Webster), 1877-1956. [Telegram from D. W. Kempner to Automobile Club of America, April 29, 1948], letter, April 29, 1948; (https://texashistory.unt.edu/ark:/67531/metapth1361661/m1/2/: accessed July 11, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Rosenberg Library.