The telegraph manual: a complete history and description of the semaphoric, electric and magnetic telegraphs of Europe, Asia, Africa, and America, ancient and modern.

PATENT FRANCHISE. 765
PATENT FRANCHISE INVIOLABLE.
I will further explain the exception mentioned, relative to
patent franchise, before referred to. Suppose A purchases the
patent monopoly to transmit all messages between the cities
B and C. The United States patent laws will protect A in
the enjoyment of that franchise. It is the property of A, and
he has the right to use it or not, in such manner as he pleases.
Suppose D constructs another line, either by a more circuitous
or direct route between the cities B and C, dispatches cannot be sent over the line of D, originating from either of the
cities cited to the other, in violation of the rights purchased by
A. If the law was otherwise, a patent would be worthless,
and an inventor could not hope for any compensation for the
toil and time devoted toward the achievement of his invention,
however grand in its consummation. Having due regard for
the exception given, no company can refuse to transmit a
message offered, and in such manner as directed by the sender.
For example, suppose a merchant in New-Orleans presents a
dispatch and the money for its transmission to any telegraph
line, directed to a merchant in London, to be mailed in NewYork, or to be sent by the Azore Atlantic telegraph route, or
by the Newfoundland and Ireland Atlantic telegraph route,
or by the Greenland and Iceland Atlantic telegraph route, the
telegraph company cannot refuse to receive the message and
send it in the manner specified upon the face of the dispatch.
Even at the present time, (luring the existence of the patent
franchises, the dispatch offered in New-Orleans in the example
given, could not be refused. In some cases companies form
an association to give each other business originating on the
one, for places on the other, but no such compact can take
from a member of the public the right to transmit his dispatch
by any given route he may wish. In further illustration of
this common and statute law, I give the following diagram:
A D
Letter A is New-Orleans. B, Cincinnati. C, New-York.
D, London. Figure I represents the telegraph line from A to
B. Fig. 2, the telegraph line, via Buffalo to New-York. Fig.
3, the line via Pittsburg to New-York. Fig. 4, the line, via
Baltimore to New-York. Fig. 5, the Greenland and Iceland
Atlantic telegraph route. Fig. 6, the Newfoundland and
Ireland Atlantic telegraph route. Fig. 7, the direct Atlantic