, 1873-04-14
IN Injunction Restraining tho Carrying
Of Goal Over tie Rock Island
& Pacific Limo Re.
vorsed.
pccauso Of Dispute, Coal Corpora
ton Seeks TO Prevent Tralls-
portation Of Fuol for
Eycrybody Else.
Iho Supreme Court Defines tho Righta Of Rall'
roads...a Company bIay Not make
Running Agreements TINT Will
Interfere wl[h the Nights
Of tho People.


tho powor Of raiiroal companies to discriminate
ugainst tho public ns to chargca On freight BY
agreement between tlomRolyos, for running
powora. The appeal was by the Peoria l. Rock
Island Nailrond Company Y. tho Coal Valley
Mining Company, againat an injunction at tho
suit Of tho Coal Mining Company restraining tho
R..ilroad Company carrying coal oyor piece OF
line belonging to tho formor, undor contraes
between the two companies, by which 1t WAS
agreed that tho latter was to pay 20 cents por
ton on all coal, other than that belonging to tho
frat party, 80 carried. Tho Court below granted
tho Injunction on tho ground that tho 'onttaos
was good. The Supreme Onufs makes tho dis-
tinctiou that the question as to what may pe que
On tho contract ia not In dispnto but tho right OF
the appellee to stop tho carrying OF tho 1fesnto1
individuals. When tho question OF damages un-
der tho contrnct comes W. tho cEalty Or otnSr, na
decision Of tho Court below, haying rofsronco TO
m absolute prohibition Of traffic, wag another
matter and WAS thus troatcd by tho Court:
r such contract nrG stres - ena H. aaiaa. Ropho h
scmbiy, under which these conso1datlohs aha eon-
s u o .y"r Ss9e as s a ooa Vssy
Mining Company, whon It purchased tho Rock 1sland
Railroad, became nud WAS public railroad company,
m ne hs nng
pany was, beloro tho consolidation, CARRIER q Pas;
=
valley, aud both companies reserved that right when
the consolidation formed, aud tney bad 6aon and
tnat eaen of esmpaea had nmo
uho general law Of tho Slate authorizing railroad COM
sonaoao a gu sa IS
nhy agroe: And 90 far AZ wa sse bcso companies il
mako VAL mud bindng consolidation: nut cpncoding
IN t1o mode sonst III .his easo? othor Words h.vo
not tho publ: such interest in the use and conn.
uett operations OF ho railroads Of tho State, SHOULD
forbid Tho court from enjoning tho frcghtsa aud prop
ucrty Of individuals froll being transported because
suS SIM for raeH seryise Or to for So rs
to run another road, and carry passengers and
eef their remedy by acton Ut law tho contract?
Wien these great md useful bodies wers created tlero
tsion ono ,yas anl il was tho highest and most i'm
tportant g tho public and the pro-
MES Ths primary object Of tho people Of tho Slate
has cen In creating railroads to afford taciiica for
4radc and commerce, by epeedy convenient aud cheap
tran ,portation Ut merchandise, the product aud the
minerals Of the country to tho bc' market thus sup
R9ags Tnsy wore hooded ani adato to ready and
fapid o1chanso Of comluodl.icu and rapid develop
N sariy period siteE tolr introductiou been Known
,and regarded tue Grestest q all the means employed
snerco of our country. And thoJ have fulallod the
9 our T. II ' o.rg re a. +
upon grand but disastrous system Of internal I'M
provcmsnss. Ry It an effort wa made, a tue expense
Of tho atc to cQustruc railroads ravGrsinB H entire
limits III every direction, and rasenE through ALMOST
every county IN ~ 9ord9rs' ID HnosE many m
debt that almost bankr1pcd tho people and entasng
on them depressing burden that saey nave not
sot wholly 1 e1,ingg1ash1Ga. g1a, 1a.. ana waa .ho
rama considerations tnat haso and4eel almost avesy
county ety town. hna n gesao aou ~
10 ncs aar,ho uGos fnr atocS ~ roroats OF ~
donationa TO such oqss. nua @ v ~ @ ~ ,isearos
os src pay9 m tpo az debs And for al Ills vast s
contributed u neness9 @ .uat 1t, Si1s, - % T. tt'
Tase1 and IN ~ rara paccs No o1e can ueeyo that
~ @ W sa ~ nrn"ned thcsa vast s,,ns hlrdoneI
tneso!Fes ~ .ans sn1aa @ ~ .tnfty a,t md ,mr
entallea nu t g., ,a - iof Ia.trnrtiva f,r I'm
aens tus! ~ tnas. ~ ~ ~ hnso co,nn1nas
pnen ~ @ ~ @ 10y sci nv nninion Ali mnnt COM
d ~ tho tsct tat Il raa ono mainly to nromoto
& nhi;, co.i o,,n n nSvarro mir natnriai fnrosts