Morning journal and courier., 1880-06-04
EXPRESS COMPANIES, RIGHTS.

Judge Baxters decision in the case of two express companies against the Louisville and Nashville Railroad Company is causing great deal of comment, both assenting and dissenting. The decision involves an impor- tant and far-reaching principle. The rail road company, having secured the control of long lines of railroad has organized, or pre- pared to organize, a new express company giving it the exclusive privileges heretofore accorded to two other express companies These latter applied to the United States Circuit Court for injunction restraining such action on the part of the railroad com pany. The judge enjoins the defendant rail road company from disturbing the business of the old companies, and from refusing to transmit their express matter under the charge of their messengers. The judgment of the court was based upon the doctrine of estoppel which precludes person from doing anything as against another which the first person has led that other to believe that he would not do, the words or actions of the first having influenced the actions of the other
 The action of the railroad company was in
 
 and lucrative business, which it had encour- aged others to build up upon it's offered fa- cilities. In his opinion Judge Baxter hearsed the history of the express business, which now is operated by capital of $30, 100000 and occupies all the prominent rail roads in the United States, which from the inception of this enterprise have accorded, generally solicited, the business of the express companies, to their (the railroadsO great profit. They have consented to and assisted the business They are, therefore, says Judge Baxter, at this day estopped from asserting a right to render valueless the business and capital of express compa- nies, or from claiming the exclusive right hereafter to conduct the express business on their own behalf"
 This decision seems to be in accord with common sense and justice, and will not only give great satisfaction to the express compa- nies, but will encourage those who are alarmed on account of the magnitude of the railroad power. The Providence Journal is much cheered by it and says: seThe law of eminent domain and the right of Congress to regulate commerce between the States will be applied to the railroad corporations in due time. It is already settled that the States have the right to restrain unjust discriminations in regard to the rates of freight, and now this application of the law of estoppel gives courts jurisdiction..suc as may inure to the benefit of other parties than express compa- nies. With the power of Congress, the au- thority of the State and the rights of the courts duly and amply exercised, there will be little danger that the railroad corporations will override permanently the civil rights of the people," ssNor," as the Journal contin- ues, t'need they wish to. They are of inf nite advantage to the country; within prop CT administration and aspiration, they are bound to be profitable to the stockholders, or at any rate to the community they serve They have been fostered into rapid extension by the public legitimately and il- they have in many instances abused their lawful powers; their managers have become inordinately am- bilious; they have assumed an independence they do not possess. Eventually they will be brought to a more moderate state of mind, and they and all of us will be the better of therefor D