The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1881-07-21
IMPORTANT DECISION.
The Rights of Express Companies and
the Duty OF Railroad Com panies.

tne Duty OF NAllfO3O companies.
LITTLE Rock, Ark, July 15.-Judge
George w. McCrary, Of the United
States circuit court, has just rendered
an important decision affecting the
right Of express companies. The suit
was brought by the Southern Express
company to restrain the Iron Noun
tain railroad from charging the COM
plainants higher rates on express mat
ter than its charges for similar express
matter received from, or delivered to
itself or the Pacific Express company;
also from discriminating against the
plaintiff in favor of itself or any other
express company or person in the mat
ter of rates. A temporary injunction
was granted which respondents prayed
to have dissolved. BY consent the
case was submitted to Judge McCrary,
whose decision was made public to-day,
The following is
A SYNOPSIS.
First-A railroad company is quasi
public property, and bound by the
laws regulating its powers and duties as
a common carrier of persons and prop
erty.
Second-It is the duty Of such COM
pany, as a public servant, to receive
and carry goods for all persons alike,
without injurious discrimination as to
rates or terms.
Third-The business of expressage
has grown into a public necessity; it is
means whereby articles Of great value
may be carried over long distances with
certainty, safety and celebrity, being
placed in the hands of a special mes
senger, who is to have the charge and
care of them en- route. Railroad COM
panies must in common with the pub
lie recognize the necessity for this
means of transportation, and must car
ry express packages and messenger
in charge thereof for all express COM
panies that apply On the same terms,
unless excused by the fact that so
many apply as to make it impossible
to accommodate ALL Such state of
things is not likely to occur. If it
be said this is giving to express COM
panies privileges not afforded to other
shippers, the answer is that the nature
of the express business makes special
facilities for its transaction necessary.
This case is therefore exceptional.
Fourth, it is not necessary now to
determine whether a railroad company
may, under its charter, engage in the
express business, and undertake to car
ry and deliver packages beyond its lines.
1t is enough for the present to say that
if it possesses the right to engage in
business at all it must doso upon terms
of perfect equity with all other express
companies, and the court will see that
| it does not take to itself any privileges
which does not extend to this COM
plainant. The motion to dissolve this
injunction is overruled.
Judge McCrary said, the railroad
company is bound to carry for any ex-
press company for a reasonable COM
pensation, and must not discriminate
against it. The court of Chancery has
power to decree a compliance with
this wholesale regulation. This court
cannot, for moment, sanction a
proposition that a railroad company
may by extortion or unjust discrimina-
ton exclude any express company
from right to conduct its business
upon such railroads. l am not pre-
pared now to fix
| THE MAXIMUM RATES
to be charged for the transportation OF
express matter, but have no doubt OF
the power of this court, after investiga-
ton, to do so. An order for this pur-
pose, should not as a rule, be made
until after a reference to master and
report by him. After hearing for
present injunction the hearing before al
lowed will be modified SO as to enjoin
and restrain respondent from charg-
ing the complainant for transportation
of express matter, including closed
packages, more than a fair and reason
able rate. Such charges are in no case
to exceed the rate charged on similar
express matter by itself or by any
other express company, or for similar
express matter received from or deliv.
cred to the Iron Mountain & Southern
railroad company, Express or the Pa
cific Express. g.