, 1869-01-30

Tad In y.ew only grain warehouses erected npon
It Q land ct the railway eonpauses. II th.1s %
= e sn ae. q Is
tp11ed' n tte oppostte direction. Its evident
ups mot opolles In the gram tratc which would
almost necessarily ap.1rE Rom the toltraton o.
eueh \ practice As that Th:eh these. appellants
see X to trtofn To DO this It was necessarT 70
secure to every Nafeho1semsn Whnse warehouse
YRS connected by elde tack with railway the
{h astssf, s.Ss a H ~ satD9 e re-
point Mtde by counsel ~ to tie eousntutton1u9
81 The nes Of tie Les1sature. 1t may be conceded
,hat tEsy gn9a1T ~ e,nnos Y required
ita own line but that this act ID valid To ware
houses upon the llns u rot denied BY counsel.
Be. Nettns r ts IT 1ccessa.5 to consider the i'm.
port oi The eontEset between the a2psll;ns; Ind
' soR s I snap oa Se sa1s
lit Is the sPe. eisvs1or L connected VIII
ne s1 ns o5 tr fsss1e na 1n.1 tas
with. .ttc consent Of the company then running
the read !, IL nst pEe:enGed that the appellee
ron tEe peltornanee Of duty. Bn: it i con.
tended, finally, that even admitting the complain
ants have been wrorged BY Inc appeliee, thtll
only rtmsdy Is By actlon for lhe Two mo.tas'
tuIsee and damages authorized By til: statute:
Various authtrluee arc cited for the purpose oi
slowing that woere 1ew rig ht h.s neea crcat. d,
by the same statute, parties injured are confined
10 the statutcry redrese. This le doubtless rae,
but IN tn,s case tho night is not new. nos Is tac
remedy adequate. A new 1nd enlarged remedy IL
gwen. but the right Of the eonttgnee 10 delivery
as ola as the Common law. The night tn this Gaze
e .nacs as a 81 s
| pursued By the company viii des1toy, pt greatly
IL lure, the business Of the appellants. Tn1s Ia
Is charged By them to tneir os.espondent., tne5
1 would soon ccake TO receive ehtpmeute Of grain.
aIo il paid oy themselves tney would b.. placed
| iheir rivals in business. For s1cn ,o1urtcs Inv
| daGases In a sui, at Law could furnish 70 1ast
compensation, ano therefore chaucery Ti!l 1Aler-
,stndersaed ailsee. ii. Ire re- aataotit1s. a @ in
| point. A sJstem Of Jurisprudence would be rad
ieallJ defective that conld not interfere to pre-.
veLt ~rorgs Of this character. Incapable. tfon
| their natnIe. OF bei1R redteesed By daaascs. As
10 the right Of tue eonpatyto to impose tue extra
ICED lnas onY
laid that . railway company, although permitted
70 astah fsh IL rates .. 13ust 40 e
uais. i must deal iailly s. me public, snd !hts
it would not be doing II allowed 70 10 olfc.tnl
uate Is to build up The bu.1Ies..ot one person (
III ,ss rare Of charges 10, transporting bn.hel 0
grain fson any given station np0n the. Ho
k.u chfso See: hus eaahet she aa s6.Its ''as o4
rate ior delivering it at the e!esstnF oi Mann s
Scott, and snotdsr for deltresy At that Of appel
| liant. Wen II fakes gram consigned TO Chica
70 Its uuty is TO ucllyes IT IN Ea1caRo. Al an
Wnehouec upon Its line OF side uAeks 10 which !
has been consigned. The OBJECT Of the L:es1ls
tufe Ia passing tho statute 1pon WhIeh Wr nav
Commented would be utterly defeated II comp,
! MES Hesc lett at Hncxty 10 discnutratea. tn 4
olec1t1ton In their th1rHes Tor delivery at d.fe
| enl warehouses. 1hal IL Is uuch prohibited b
the spirit OF The law as 10 the s:tua! oeiivery
| any otter pelaDp than the coutl1Ee= By lte leue
A. to the Netcral equity Ct the oiltlt Is haE.l
necessary 10 ten1s,k. 1t Ia to be hoped that whc
I fht. in and TIM Evidence il hpAA
, tOnc explanation ,nay he gwen by the defsndal
Of Its couttc. For the present We mutt &C :cl
the bill as Eue- As the record row stands, N
). ! company Eeems to be u.lnC 1t4 vast po 1eEs al
corporation With view to create pEac.lcsl m
! Lop0ly Tor favored house. IN de1tnx With
The gram ttat must necessarily come oref Its lin
: itom the loi tact Of Country that II traE+ fse
! ! thus rutLtrg the bnsiness Of tne appcllat1, Al
9 lEaucurat!rg policy which. II once cs abll.hc
| Gus tribute; ard 1 this IN defiance OF an act
T. the Legislature 80 pfaln that be who ruIa m
:, read. 1he act IN Question Is an emincntly ri
and eautaIy hW and the courts should usr al! thi
II legitimate poWtsa to eunru II aRa1nst either op
y | fieohedten % or cnFeft evasion. the decree
e the .upc1lo, Court Ia Ievut1td and the cau4e
u mspdc1. 1'ha. Court will Awtf,. a tcmporAs
. Junction, restraining the Defendants from dellv
1rg TO any other place OK warehouse than tbs,
compLaEapis. any grain CONSUMED 10 thet- ~
h5ute. cr from inIe'sinR upou seea an aaditio
- charge for rnch delivery beyond Hhst Is impo:
10 upon other Wasehuureraen: taktug ftor the ca
q. palnAnte bord with approved sccu1lty, cor
2 ttoLed IN the usual naruer; and II upon @
Il hearing, the cAtc nade oY the bill IL sustain
IL the tou1t viii make such inl1Icsion perpetual
~ UcGrLo Isyeleed.