The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-07-06

C.,xrrRs yesterday delivered
'""s, - or the court in this case. IL
'aG,r scon from the synopsis of it which
VII ~ hclow that the National Express
veg, has gained the cause, the court
I, ,,i, ,,o, the contract with the Adams
,7''.~S Company is contrary to puohc
kNP''N - INNS, he disrcgarded 10y the
abroad companies
c,mranics are common car
Ea'1''"1 hy the laws and subject To all
ric'>' ,,;.,,;nn> enforced 10y the law on
me 'o',S" "arr;crS. They are the creatures
corl .',,n and all their rights and priv
,' '"' are derived from their charters.
. ,-, for the public benefit 'heir tlsh!S,
'a r.r> and privileges are hecesS'."s
iT",.,.n enable them 10 iuiti inc ou.,es
gi'". .Icr the services which the puoiic
""" .'. ,r them. Yet they are Inonopo-
Ir4"''7Tn r;r rights and privileges are sub
He>' ana taken from the rights ana rri-
''@. ., # the people, and in eXponna'hg
VI" tI.,cndinr these rights II Is the u"'!
a." IL,a. ,nrrt TO adhere to a strict cohstr"c,
d -, ,,r;r charters. Being perpetual
I...,, taking 10y succession anu hot =! III.
,,.,,,ncc. there is constant tehoshos
. an accumulation OF weal'h All"
.,v,r. which, il not restrained, hi'S.'
isrnmc destructive Of Individual iisn''
~ avon dangerous 10 public ilbcrty.
80 CORPORATIONS, then, must stahu Oh
-. .,r;ct construction oil their charters,
-, restriction being necessary LOT inc
ID" ovation of public and private rights.
!. ,try exceed their privileges to the pre-
- .I t'., # the stockholders or private in
.,.':l,or. thew are liable to be cnjoined
Without, regard to the amount OF damage.
image or no damage, they must conhnc
. D ), within the limits of their
tered rights. If they fail do so, the
r,.,,Ia,;rc NAV declare their charters for
.'; ar thew might hc deprived Of their
rrlr,rr,, possibly, by proceeding against
n.,a q, law hv the Commonwealth on a
,.r., If gqo ,rarrnrto. Every stakeholder,
hen. i interested in compelling the com
,.,,.y 10 act within It's chartered limits in
The exercise Of It's powers.
Has the company transcribed the limit
.., Il, chartered powers by the contract
with the Adams Express Company To
Heir privileges a. common carriers there
arc corresponding Obligations. They have
the privilege Of carrying passengers and
freight. Bat they must carry them on
torn, Of perfect equality, in the order in
which they are presented, and ut the same
~,,c Of fare or freight. Do they do this :
The question is answered 10y the contract.
But II i said in III" answer that this con-
tact only applies 10 express treights, and
that those are light articles. The law makes
no u.ch distinction, but expressly includes
Al! express matter and trcightS; and II
,lr company has a right to make the con-
tract ~ 10 their express trains, 1t Is not
,rra why the company could not extend
tie >,mc contract to their freight trains,
and exclude from lis privileges all but
men vino would advance fifty thousand
j .lar,. as the Adams Express have done
HnIcr the contract in this case.
There i, another reason why the con-
.ract is illegal. 1t requires the Adams
Express Company and all other persons
vito may do an express business 10 pay
the highest price allowed by law for the
OF freight, and also To make
an advance Of fifty thousand dollars, to be
accounted for in the settlement for freight
Nl express matter transported during the
wear, bat without interest for the time
Turing which this sum Of money may be
ia the hands 81 the company. This is
Illegal because il is cXacting more
ham the law allows for transportation il
i, rNacting the maximum price for trans
rurtalion and also the Use or loan Of 4 large
AMOUNT of money without paying intere>,
hrrctor. 1t is also contract to refuse to
transport express matter or freight for any
.ompany or person unless such company or
,cr,ou VIII advance fifty thousand dollars
y loan To the railroad company without
interest, or Il prepayment of freight to
hat amount when the company may not
10 business to that amount during the
.car. Ii is virtually placing the express
,u>jnc>s at the control of persons or COM
4uic> who may be able TO advance or loan
dollars to 4 railroad company
A,rrtorc the railroad company had tran
ceudcd the powers conferred upon ii by
Aw, and ought to be required to observe
he rules and rates prescribed by the Lee
,slaturc.
The counsel for the defendant then
made a motion TO suspend the Judgment,
which, after some discussion, was over
,l,l