The Red Cloud chief., 1878-10-17
RAILROAD DECISION.
an the Controversy Betwcen the
MAD ". aud u. MA ~. ~.

MA " ". hNu W. " ~ ~ We
h -, ,asr,, s,p, kaIat p n, V..,., a,
etg ',,a5rsg o. Pc b. H.,aa { f,r'
f.afg, EaIraBt f.Iat.tv,
D. t'v 1T - MAJ. 4 10. l~.- irr hrA.A
4 Drs " iu's EiIas' i'wHArr fi.l ~. rHI
plant 'n To. Go, again tHe = u.s.g, BID
-uai 'uufans
Tnr ,Htfs,. DO 'l, a'1,s complain, a., mar
r~aNtiiHsu ht tlt ruling 20 ID -rufDu.s...u
'ra. aud tIpirrfri lt r~vH'rutr. ere 'hsf after
Toe .,.aga - o." railroad 'sv lt 'tr -yfa'
i."u'L GENERAL A.ssm'l. arb contrary ~ '.r
Nrrg.tNs ~ DO 49,. tlat tl, H. VI 'ls- 4
y Dslge EaI nsi ,omr1u, uuiu.ty d.,rm.
iua''i against TIE kruklk Nd H.Irr- Raj
rad COMPANY
fIr.' d, ]rrfI.l1g 10 deliver ay, var. lc.
ruci fpr points ot their rusd ans ordered t'
'hlyI"r-
S..rui That tuu ears in ftau-., v,rr un.
necessarily delayed. and .r, ~ % a station
other than ih" 40" g. Whicu they err. ur
Icr'i
] tird That yrrpa,m ~ - ,rn cent. yer
milo NnH d'Uafd.i uu ten cats That Rrrt ..ui
forward 100 %, lnAlri. ,%uutfar, ., thc custom
an ~ railroads, AMI thla repay u-u' 81 fr-I-h
Sns no ry,ry Dtc demanded ami received II
the shipper before the loaded vaf. would b.,
moved. ip 10, drtriW"ut " N, bFsin,.s ~ the
4 a u VI H. u, While uo such ,ltim VA.
mod" un -h'pi'f. over The &, " | SP X Il,
N'' ~ ~ N'lN hI' '|INtlIANlNt AtAl.-' Wv
X. al VI RR
The last charge. 'hc demand fof ptr pay.
mcnt ~ hau'acr ~ rmpt, cars. aud for pre-.
payment fur freight ~ shipryr. &. admitted
h' the u VI n ~ u Railroad Company. and
Justified ou ~, GROUND th.t the common car.
Irt D. entitled o. demand pay Tor his service.
~ nnN time ~ hts discretion. They al.p ell aim
that the h ~ j. VI Railroad COMPANY wa-
wholly lu-ulSrui, aud that they vrr, l,ga'ly
advised that they had tbc right to demand
pre- yiA mru'.
While there j. every evidence ~ .trnop
disposition T. turn al the busiur.. 10 the 6.
X ] NJ tuti, the Management ~ the - VI
y ~ u rad Gems To- have carefully guarded
their official action, Nu - To- cur"o within the
letter OF the law, unless i1 the car ~. which
Gilmore refused Ia send, ~ sworn t. by WHIT.
u"y, saNing that liurlhcit could drive his stock
III" u'N, day u car went up, which va. not
loaded, and returned empty Npril 2Oth.
lh"rs T. no cNiicuo" ~ drawbacks 20 the
G., X. Nf From the evidence and n. ma.
tut" of the business 4, is clear that the X /.
company were paying n liberal price and u
large bounty above a pro rata for The business
furnished AZ Dcs Noine-. This T. Legitimate.
Branch roads Of this character could no, be-
maintained On purely local rates, and II IL right
that they should h" literally compensated for
gathering up and delivering In car load, to the
trunk lines.
II Is claimed hy the u. NJ. n ~. u X. X
Co. that II has "A legal right Ia demand lay for
such services In advance, aud that In this case
II had reason for departing from it, or iinary
custom and exercising It's legal light That
SUCH legal right exists can hardly be doubted.
See RetH5d OH 'Oura"H carriers. Section
lst.
But Ia our minds, the question with which
We have To deal IL something more than an alb
stract question III law.
section 10 of the act creating Tie Board 81
Railroad Commissioners declares
at shall be- the duty of any railroad corpu-
ration, when within their power Ia do So, an |
upon reasonable notice, 10 iurnish suitable
cars to any aud all persons who NAV apply
therefor, for the TRANSPORTATION Of any and ali
kinds ~ freight, and To- receive and transport
such freight with all reasonable dispatch, and
IN provide and keep suitable facilities for the
receiving aud handling IN. same ~ any d,pot
on the Line Of it, road; aud also receive and
transport IN like manner the cfnpty or loaded
cars furnished hN any connecting ru,d. 10 Nv.
delivered AT any station or stations ON the lin,
~ is road, Ia h. loaded or discharged. ur re-
loaded aud returned To the road 81 connecting:
and for compensation II shall not demand or
~rccct'" any greater sum than Is accepted Nv Il
from any other connecting road II "A similar
service"
The evident meaning Of the law l. that all
persons, dealers, shippers AMI connecting
roads are for the great work Of the railroad
transportation, IA hr treated alike. NJ
tayor- ale to he shown one AT the rNuruep of
49,. ~ "'f ~ ~ NHAF VI H' HlNAE h' Nl Nv
adopted which will result In hindcring "A free
nscof every avenue for Transportation The
evil attacked Is disCriminttiuu; the remedy
provided toy the Legislature t. u rule Of action
laid dow In very clca' and precise terms. ami
4 penalty Tor it, Violation, a. provided IN sec
lion 10 Of tie act. We can we'll understand
that the letter ~ the law NAV be Observed
white its spirit l. wluiOulN violated. aud that
probably no more dangerous mode Of violation
may hr found THAI bN the assertion ~ a strict
Legal right. II does not seem To- have been the
custom 81 the u. W.. X IT. ID. Il. X. To demand
prepayment from other railroads for hauling
e'npty cars. toncrliug it's legal right tn make
sirh a demand In View of the genera custom
~ the road, IT. enforcement Ia the exceptional
ease, " without reason or excuse, would. In
our Judgment, be- such discrimination as the
law forbidS. But II It's officers really believed
rs they claim, that by reason nf inability or
Insolvency II was uns ,fc, In u business point
at view, Ia render the service without pre- paw.
m"n', II seems Ia have been their RICH, 10 en-
force II, We cannot refrain from rrgre, at
what was most apparent during the trial of the
case, namely, "a bitter ceiling between the two
roads IN question, ari'lng no doubt from old
transactions aud troubles, which feeling, man
Tested between two tu sincss mrn Who had
common Interests iutcrlsccd and intertwincd
a. are the interests Of these roads. could only
be characterized a. pucrilc in the extreme. In
conclusion We earnestly recommend Ia the re-
spondcnt, aS We DO 10 al the railroads NJ the
state, that the law prohibiting discrimination
he observed, not only IN letter hut In spirit, be-
licving A. We d., tina, its Observance f. essen
tial To the performance of the Seat work II
traL sportatinn