Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-12-15

v NJ. Il
us that the principles necessarily settled in the case
In Maine. and the cases referred to and commented
upon IN 1t. determine that railroad company being
a corporation and common carrier, may make con
tracts with other carriers, natural persons may
koife b. IN the case of Murcbamn vs. Lancaster
Railway Company, Nicer. & Wells. A2I, saws - all
convenience is one way. and there is no authority
the other way We can now say that it Is the
general practice for railway companies to make
such arrangements; public convenience demands it
and high authority sanctions it. The rule Of equal
lty Is not broken by permitting carriers TO make
such combinations. To illustrate: Suppose that
there IS an arrangement betwixt the different car
rlers on the whole line from Cincinnati Ohio to
Savannah Georgia, all persons presenting freight to
be carried over that line at Cincinnati. must be
treated alike. Those who offer freight to be carried
at Louisville over this line cannot demand be treat
ed as those at Cincinnati nor can those who present
freight at Nashville demand to be treated as those
louisville.
such then being the common law rights and du-
ties OF the railway company as common carrier,
let consider whether and In how far those rights
and duties nave been modified by the charter.
we can md nothing in the Kentucky charter that
touches them BY the 2ls sec Of the Act of the 5th
March, ie9O' the company are authorized to COM
mence ana proceed to their business upon the terms
and stlpulatons therein provided when five miles
Of the road IS completed. By the Sd sec of the act
OF tennessee incorporating the Louisville and Nash
vile Railroad Company, it is enacted that so soon
'as sad company shall have completed five miles of
sal9 fsliroad from Nashville. they shall commence
land prosecute their business az nroviled in the
2lst sec. Of their charter; that the tariff If charges
FOR the transportation of passengers and for goods
" wares merchandise and other articles ard ,on,
modities, shall be equal on all paris Of said road
I'm proportion to distance and that equal facilities
'f0r the transportation of the same in eIher lioc
"tion shall be furnished"
This section does not take away the right Of The
company to make arrangements with other trans.
portation lines; the right may be male valueIess
by rigid tariff Of charges But we are OF the
opinion that this section did not affect the right TO
charge less for through passage or freight The ex
preston all paris in proportion to Distance does
not mean "the 1chole and each part in proportion TO
distance The words in the act show that the
mind of the craftsman and of the Legislature con
emplated the road as segregated into parts and not
as united whole. There being, however. room TO
doubt whether the whole and each part was not
meant the Legislature of Tennessee on the 18th
March, 1860 enacted that the section above copied
should be so amended to authorize the tariff of
charges for freight and passengers to be less on
through business, and on through business coming
IRON other railroads and transportation lines than
"on freight and passengers to intermediate points
between Louisville ana Nashville Provided.
that the tariff rates to and from intermediate
points between Louisville and Nashville shall be
equal and pro rata IN proportion to mileage whether
'going North or South.
Taking the third section as amended il seems
plain that the equal tariff in proportion to distance
Is confined to intermediate points between Louis
VILE and Nashville" The object Of the act was 70
remove doubt as to whether the charge on through
business could be less in proportion to distance than
on business on parts of the road. That doubt is
cleared off in two ways. First by the clear deeIa-
ration that the equal and pro rata charge in proper
hon to distance shall only apply 10 intermediate
points between Louisville and Nashville; and second
y, by expressly authorizing a less charge On
rhrnrs I.
ated from any rigid or fixed rule in the charter.
But it is argued that the amendment authorizes
The company to charge "less on through business
and through business coming from other railroads
and transportation ines," and therefore the COM
pany can not charge less on through freight 10
transportation Enes' We think that it is plain from
/ simple reading of the sentence, that the after
branch Of the sentence not intended to limit or
restrict the declaration just made that the charge
night be less on through business. The use Of the
conjunction and shows that it was intended BY the
craftsman to add to and not diminish the rights pre-
Iiously given. This is not case in which the de-
'aration OF one right excludes the idea of the pos
ession Of others.
We are of the opinion that by the common law
he company have right to make arrangements
With other transportation lines TO carry through
passengers and freight beyond Louisville or Nash
lille and charge less therefor, and that there is
othing in the charter and amendment that restricts
hat right fts SPEER & Barrett
November 10th, 1860,
HoS. J. GUTHRIE, Louisville, Ky.
The report having been read Mr.. George W.
BIRMINGHAM offered the following resolution, which
vas adopted:
ReSolUsd That the proceedings of this meeting.
the report of the committee, be published
n the city papers and that the consideration of the
anne be referred to adjourned meeting to be held
saturday evening next.
The meeting then adjourned accordingly.
JOHN AORRow, Chairman.
JSo. MILLER MCKEE Secretary.
At an adjourned meeting of the merchants and
BUSINESS men of Nashville large number being |
a a,tendance-held at the courthouse Saturday |
Yening, December 8, the report submitted to the |
Meeting, December g. was read and adopted by a |
unanimous vote.
Mr.. JAMES NJ. HAMILTON, from the committee max
lg the report, then submitted the following reso-
ltOns
WHEREAS, For several months past shipments
yer the Louisville and Nashville Railroad have
cen frequently. if not generally irregular and I'M
ertsln OF delivery. in many instances freight hav
lg been sent over the entire line of the road South
ard without any manifest of destination consign-
lent, or charges therefor. thus rendering accurate
ehveries impossible; involving the business of the
bad in confusion producing serious Inconvenience
shippers and justIfying public complaint sub
citing much freight to damage and loss and the
Dad to pecuniary liability therefor; and in as
UGH as said road, in the absence of river naVga.
on, is the most direct, if not the only means open
us and many others, by which to draw supplies
ON the vally of the Ohio river; and as patrons and
ockholders of said road, both for public eonve-
ence and our own profit, we desire the should
reliably, efficiently and economically operated to
the ends and purposes Of railroad; holding that
deserve public patronage IS the surest means TO
command it. and thus give security to
c value Of the capital stock of the enterprise; |
ID whereas, the present President and Board of ,
rectors of said road do claim as right the official
wer of discrimination in favor offreights intend
for distribution South Of and beyond Nashville |
er the same description of freights to Nashville
ID have exercised this claim, to the grievous injus-
e of Nashville shippers. By charging them much
scription of shipments over the same distance of
ad and we have good reason TO believe that this
just discrimination, as it has been heretofore ex-
cised, will be renewed whenever the competition
river navigation shall cease to restrain it, we L
dlng that the spirit of the enterprise and its main
rpose was and is advantage fairly to all concern
exclusive advancement to none; and recognizing =
is whole rule Of discrimination as a usurpation
sanctioned of justice and unwarranted by the
irit or the letter Of the roads charter; there
ResoUe, That patrons of the Louisville and ;;
shville Railroad, we regret that during the press
need OF the efficient service OF said road which
existed for the past several months il has fallen
Drt of the expectations and demands upOn il and Il
stockholders condemn the confusion and irrcgu- :,
ity which have generally existed in the trans
rtation and delivery of its freights p
ReSolUed 1t is the Of this meeting that the al
perintendent of freight transportation is specially
ponsIble for these abuses. and we view with dis
st and disIpprobatIon the continuance Of his Off "
connection with the road without strict inves-
alton of his official conduct by those managing G
road rs our representatives. 81
RESOLVED 1t Is the opinion of this meeting that Ii
n the interest Of the road and the convenience of
ppers at this point will be letter served by al
wing the merchants and shippers Of Nashville a OF
ce In the Recommendation of some suitable and In
npetent person as freight agent at this depot !.
&c It would be more pleasant to Nashville ship
5 to have their business relations with one know
and known to them, and the road would be 3
rehy more strongly commended to favor and ~
POnage.
feSOUed That neither the charter Of the road nor
nhanded justice afford any good reason why 81
Sc whose labor and means have in part built =
road, shall be charged more for the same
vice Of it than is exacted from others who
e in no manner contributed to its construction,
whenever Nashville shipper sends freight over I
entire line of the road from Louisville he is en-
I'd to do at the lowest price charged others for
same description of shipments from the same &C
Mt and over the same distance of road =
'esOiUed That in as much as the President and %
Lrd of Directors have On apDlipaffon f.ilad 60