[Telegram from I. H. Kempner to F. Burton Fisher - June 27, 1957] Page: 2 of 2
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- Ede for comparison. For this, one-half the
m c, ast; s , u con ieA-ration whereof it is agreed between
the sender of the mssage and the Telegrap1 Compan"y as fol-ows
1. The Telegraph Company shall not be liable for mistales or delays in the transmission or delivery, or for non-delivery, of any message received for transmission at the unrepeated-
i-age rate beyond the sum of file hundred dollars; ner for mistakes or delayr in t;e transmission or delivery, or for non-delivery, of any message received for transmission at the repeated-
n.wage 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 mista'es or delays in the transmission or delivery, or for the non-delivery, of any message, whether
cnued by the negligence of its servants or otherwise, beyond the actual loss, not exceeding in any event the sum of five thousand dollars, at which amount the sender of each message
' ""sents that the message is valued, unless a greater vplue is sta'td in 'writng by the sonder therlo at the time the message is tendered for transmission, end unless the repeated-message
rate is paid or agreed to be paid and an additional charge equal to one-tnth of one per cent of the amount by which such valuation shall exceed five 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. The applicable tariff 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 but wlll endeavor to arrange for delivery by any available mean. as the agent of the sender, with the understanding that the sender authorizes the collection
oaf any additional charge from the addressee and agrees to pay such additional charge if it is not sollectod 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 Conpany'e messengers, he acts for that pur'bese as the agent of the seuder; eeeapt that when the Telegraph Company rends a messenger to pick up a rmessaege, the mes-
ger 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 be liable for damages or statutory penalties when the claim is not presented in writing to the Tele graph Company, (a) within ninety days
.an'r 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
as) or between a point in the United State;s on the one tand and a point in Alaska, Canada, Mterico, or St. Pierre-Miquelon Islands on the other hand, or between a point in the United
1!:tes and a ship at sea or in the air, (b) within 95 days after the cause of actien, if any, shall have accrued in the cane of an intrastate message in Texas, and (c) within 180 days after
the message is filed with the Telegraph Company for transmisalon in the case of a message between a point in the United States and a foreign or overseas point other than the point
speci11ed shove in this paragraph; provided, however, that this condition shall not apply to claims for damages or overcharges within the purview of Section 415 of the Communications
Act of 1934, 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.
5. n'eclal 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
n!! the forveoing terms.
No -L ioyc Of tile Tele ra h-I Cman, y is author. i . I,. r n
CLASSES OF SERViCE
DOMESTIC SERVICES ''NAL ERViCEZ
TELEGRAf FULL RATE (E'
The fastest domestic service. The fastest ov, r ' - e w .tin cede, cipher, or in any language ex-
pressed in Roman lett
DAY LETTER ( t)sP rwe' ""
A deferred same-d - r
- - a hlf-FMO.Elinmumcharge for 22 words applies.
NIGHT LETTER
t'esssa~n'ia-e ,s I' ''---------------------'-'-
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Reference the current page of this Letter.
Kempner, Isaac H. (Isaac Herbert), 1873-1967. [Telegram from I. H. Kempner to F. Burton Fisher - June 27, 1957], letter, June 27, 1957; (https://texashistory.unt.edu/ark:/67531/metapth1514754/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Rosenberg Library.