[Telegram from Isaac H. Kempner to The Egan Company, December 29, 1961] Page: 2 of 2
This letter is part of the collection entitled: Harris and Eliza Kempner and was provided to The Portal to Texas History by the Rosenberg Library.
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The following text was automatically extracted from the image on this page using optical character recognition software:
To i r. a Cst mia 7 r ri:. the -e<droerf a -:1' ~-d it rep ecat tt is C5rnrhel back to the orignmtin ; nt' I": rrrhon. For tils. one-"h-I U
unPCeated rmgnssar rate is charged in :d! Uition. 1 --3 otherwise in dictated on i s face, this is :n unrepeated message and paid for as such, inCC cCronsideration whereof it is agreed beItu rn
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 unrepeted--
ma.gage 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-
mce'sage 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
:reused by the negligence of its servants or otherwise, beyond the actual loss, not exceeding in any event the sum of fise thousand dollars, at which amount the sender of each message
rCresents 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 whieb suh 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 Conmpany'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 dn'es
not undertake to make delivery but will endeavor to arrange for delivery by any available 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 paty such additional charge if it is not collected from the addressee.
5. No responsibility attaches to the Telegraph Company concerning messages until the sarne are accepted at one of its transmitting offices; and if a message is sent to such office by
tn of the Telegraph Company's messengers, he acts 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 be liable for damages or statutory penalties when the claim is not presented in writing to the Telegraph Company, (a) within ninety days
atsr 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 Uniterd States on tire one hand and a point in Afaska, Canada. Mexico, or St. Pierre-Miquelon Islands on the other hand, or between a point in the Unilerr
States and a ship at sea or in the air, (h) within 95 days after the cause of action, if any, shall have accrued in the case of an irrrastate message in Texas, and (c) within 1t0 days aft:,r
the message is iled with the Telegraph Company for transmission in the care of a message between a point in the United States and a foreign or overseas point other than the points
specified rhove 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.
&. Special terms governing the transmission of messages according to their clr-aer " nun 7 '- tr '"1 ap"lrCoy to mcssa hila of sucih resoectiv' rlasses In addition to
all the forg:,ing term.
DOMESTuC SE.RVICES N '2RNATIONAL UMtSCES~n
TELEGRAM FULL RATE (FW;
The fastest domestic srrvce. Tire fastest ovei'-s serve c. Ma_ be , wriC tn in' r<:l cd ci' hcer. or ' any Cl nguC ex-
pressed in Roman letters.
DAY LETTER CDL)
A deferred same-day service, at low rates, LETTER TELEGRAM (.7'
I-or overnight plain ran-guas e m5s::C , :;. ha li-ra rr. Minimurrm clrr-gc foer -2 sord s a 1plis,
NIGHT LETTER (NL)
SHIP RADIOGRAM
F':onom-icai ov'eriht sers fee. Arcenied upr to 2 A. M, Tor ueivery the "Alow'ng morning; - --- --
,I'ts ,trbesfC>P CU, 'r r r ,>l-''-.z:'> - . Cr' rkr fIri"rsi yat-s
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Kempner, Isaac H. (Isaac Herbert), 1873-1967. [Telegram from Isaac H. Kempner to The Egan Company, December 29, 1961], letter, December 29, 1961; (https://texashistory.unt.edu/ark:/67531/metapth1508200/m1/2/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Rosenberg Library.