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

Cu,vnrRs Yesterday delivered
.,'%pInion Of the court in tins case .,,a, H.
TIC ~ econ from the synopsis of it which
vii ~ ,,1,w that the National Express
Tcs', has gained the cause, the court
C2 .,!,, ma, the contract'with the Adams
so.". o', Company is contrary to puonc
NP''~ -, INNS, he disrcgsrdcd 10y the
1,;,rasd companies.
D-3.os5 companies are common car,
k''"'" Ia. ,hr laws and subject I" all
ncr>' ,r,,,;or> enforced 10y the law on
ne ''.e "arricrS. They are the creatures
'g' .,r law. and all their rights ana ptasl-
% '"' are derived from their chai' charter.
'ce', a. FIR the public benefit, their rights
&C., and privileges are nccesS'Il.
Po"''>' ov,hlc them to fulfil the duties
g''S' ,Scr tho services which the pubiic
Aa' - - ,hcn. Yet they are nonopo-
Er9""7T Their rights and privileges are SUB
',' and taken from the rights ana nrl-
': ICES Of the people, and in eSp"nnnihs
VA defending these rights II Is Tue uu'S
' .,l, court to adhere 10 "A strict 'o''s''"',
~ ,r thcir charters. Being perpetual
t'. ", .'L;nr by succession and not 10y IN
:"'.' ..,, ihcrc is a constant tendency
a.''','', formulation of wealth and OF
,"r which. il not restrained, H'Sh'
mo destructive of individual rlghls
oven dangerous 10 public liberty.
These corporations, then mus S.'''u va
-. strict construction OF th'lt ciiaf'e,s'
-, restriction being necessary lot 'he
. 81" Of public and private rights.
,rrv exceed their privileges to the pre-
- 1.,' # the stockholders or private ill.,
,..,:5osrs thew are liable 10 be cnjoined
'.J',,, rrnard 10 the amount OF damage.
n.,,,cc or no damage, they must continc
.r',",~ly,, within the limits of their
,f,,,.r,d rights. If they fail TODD SO, the
r.,,.la,ure may declare their charters for
,,;.rd nr thew might he deprived of their
charters. possibly, by proceeding against
.l.ro a; Law hl the Commonwealth on
,r.t If guo yrdrrnHto. Every stakeholder,
,trr. !, interested in compelling the com
,.,,y 10 act within its chartered limits i'll
,lrrycrci,c Of lis powers;
Has the company transcribed the limi;
81, i, chartered powers 10y the contract
with the Adams Express Company To
.,clr privileges a. common carriers there
lrc corresponding obligations. They have
,,c privilege OF carrying passengers and
rr.M. But they must carry them on
terms of-pcrlcct equality, in the order i'll
AAch they are presented, AMI ut the same
rate Of fare or freight. Do they do this
The question is answered 10y the contract.
But is said in the answer that this con-
uarr only applies to express treights, and
i.a; those are light articles. The law makes
nourh distinction, but expressly includes
Al express matter and ircights; and ii
I'm. company has a right TO make the con-
trarr a, to their express trains, II Is not
,,ra Why the company could not extend
tie ,tnc contract To their freight trains,
,.nira exclude from lis privileges all bK
l4ru who would advance fifty thousand
d. .,..>, a. the Adams Express have done
under the contract in this case.
There i another reason why the con-
lrarr i, illegal. 1t requires the Adams
cypress Company and all other persons
Wao NAV do al express business TO pay
tie highest price allowed 10y law for the
oi freight, and also 10 make
.u advance OF fifty thousand dollars, to be
accounted for in the settlement for freight
a,I cypress matter transported during the
YEAR. but without interest for the time
during which this sum Of money may be
IN the hands 81 The company. This is
Illegal because il is cXacting more
than the law allows for transportation il
(, rNacting the maximum price for trans
IUrtaljun and also the use or loan Of Il large
anouut oi money without paying interest
Irrrrior. II is also q contract tn refuse TO
transport express matter or freight for any
company or person unless such company or
poison will advance fifty thousand dollars
l> q loan 10 the railroad company without
interest, or prepayment of freight to
that amount when the company may not
u business 10 that amount during the
Wear. 1t is virtually placing the express
business At the control of persons or COM
.aujr> who may bc able To advance or loan
0lrythouSand dollars to railroad company;
Ar,riorc the railroad company had tran
,erndrl the powers conferred upon it by
lass, aud ought to be required TO observe
bee rules and rates prescribed by the lie
s.,aturc.
The counsel for the defendant then
made a motion TO suspend the Judgment,
which, after some discussion, was over
.r1,3