Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-07-17
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RaIIr6ads( aS Common CarFlers-a
2n s92 ImpOrIa nd DecIsiOn.i uliDnfl

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RaiIrOads as Common Oarriers-
HlmPOrH1 M aSecisiOn. o'',,l' ~, (
We have already published a brief alb
stract of the case referred to in the follow
' inc from the Bdltinlore Gazette, but. this
q statement will he read with INTEREST,", 2s3s.
/ On THURSDAY last an opinion was deliv-I
cred in Richmond, J, Virginia, upon motion
for Injunction, I, Id ,cb4ncerys !, which, IS OF
J great Importance, settlipg g, virtually the reT
9 lations between railroad companies and the,
public. and the duties, Of the former as
common carriers, as lar, az least aS ther
State of Virginia, Is concerned, and dis
tincfly forbidding the grahting of any e&-
elusive privileges to any particular persons
or CORPORATIONS. The Adams, Southern and
[ HarnGen, Express Companies, which atesjn
A, fact different branches of one c0nceftl, had,
T. it appears, obtained from the Virginia Gem
2 trail, the Orange e Alexandria, the Viz GIN
Q ia 81 Tennessee, and the Petefsburg & Wei,
don railroads, by the advance Of large sums
of money as loans, certain Express facilf-,
ties; and the companies receiving the ben
o etit Of these loans, in most cases held by,
b them free Of interest, had pledged them,
J selves not. to allow Express matter or
. freight to be transported over their roads
. by any other persons sor-corporations, uh-
Z less allowances to q like amount Were shrst
I, rated by the old Express companies has
been extended throughout many parts ,of
the South, and the Investment OF capital IN
1 this shape. has been, so immense, and the
/ aggregate AMOUNT Of loans made so large,
that few young, companies could even at
tempt to compete with them. The prlyil-
eges thus obtained became in fact, eXclus-
. i've, the Express business ~ the south was
virtually q monopoly sustained by North
Z ern capitalg genterprise was checked ana the
competition of persons or corporations OF
i moderate means, rendered Impossible. In
order to. test the validity OF s'lch agree
ments, NIB. F. Ficklip, General Superin-
| tendeflt of the National Express and Trans
h portation Company, who was, In his indiA
Vidual capacity, a stockholder in these rail-
roads, In compatly with other stockhotders,
sued out writs OF injunction against
them, praying that they be restrain
ed from making exclusive contracts which
were damaging tothe business Of the roads
and injurious to the interests OF the stock
holders. The cases were fully and ably ar
gued, and finally decided in favor OF the
plaintiff; Judge Chambers ruling in the
|, case of Ficklin v. virginia central RAIL
/ road and Others, that such contracts were
/ illegal and void, and in violation OF the
charters OF the companies The. opinion OF
| tbe 5o;nt g Railrnod Gamma nies- y he said,
''are common carriers, creatures Of the law
created for the public benefit. They are,
to certain extent monopolies, theirrights
/ and privileges being subtracted from those
h of the people. Such corporatlops q must,
therefore, stand on strict construction OF
their charters, this restriction ! being necess-
safy for the preseryatipp OF public and prl-
vate rights; and every stakeholder is is IN IN
teTested in compelling the company to \ act
I Within its chartered limits, in the exercise
Gb f6a eSSs @os Se
I company transcended the limits Of its char
b ter, The laws make no distinction betWeen1
|, express matter and heavy freights, and the
{ company might with equal reason exclude
all persons from the benetltof transporta-l
= tiOp, who could not advance large sums, as
loans. Besides the payment of the maxi