Western Union Telegraph Co. v. Austin

Citations

• 67 Kan. 208
• 72 P. 850
• 1903 Kan. LEXIS 233

Syllabus

<p>SYLLABUS BY THE GOUBT.</p> <p>1. Telegraph Companies — Acta of 1898 Construed. Chapter 38, Laws of 1898, extending the power, jurisdiction and control of the court of visitation over the telegraph companies and telegraphic service within the state, is in pari materia with chapter 28, Laws of 1898, which created the court of visitation and attempted to extend its power, jurisdiction and control over the railways of the state, and must be construed in connection with that act the same* as though the two chapters constituted but one act.</p> <p>2. Constitutional Law — Statutory Construction. When parts of a legislative act have been declared unconstitutional 'and void and the invalidity of the remaining parts is suggested, the general rule that all reasonable presumptions must be indulged in favor of the constitutionality of an act does not obtain. In such case it must be clear that it was the legislative intent that the remaining parts should stand as the law, independent of, and uncontrolled by, those provisions opposed to the constitution.</p> <p>3. -Telegraph Regulation — Act of 1898 Unconstitutional. Section 7, chapter 38, Laws of 1898, which provides a forfeiture for failure, neglect or refusal of a telegraph company to receive, transmit and deliver, without unnecessary delay, any telegraphic message tendered under the provisions of that act, considered, and held inoperative and void. ,</p>