The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-03-24

I
said Pacific express company, and tho Paciiic
express company agrees 10 pay ono'half nfst
! class messenger fare for the transportation
| of the messengers and the messengers safes,
| and the following rates for the transportation
of merchandise, pack sges and other express
matter, namely: For distances Under nfteen
miles 30 cents per cWt., graduating rates Tor
different distances up TO over 45O snd 1888
than 500 miles, which last arc charged at
S1.90 per cwt, at being understood ana
agreed that the payment tor such Transports.
| ton or merchandise exclusive OF messengefs
fare, are TO be not less than ono hundred ana
| fifty dollars per day, without regard TO tue
amount transported, for each and every day
n passenger train is run for the lines rs now
| com p.eted, the fixed amount TO be pala as
the lines of said railway companies are OK
tended, TO be agreed upon from time 70 tlme
by the parties to this agreement"
| It clearly appears from defendants aihda.
Wits SO presented and discussed by defendants
counsel, that by being willing and Offering to
| furnish plaintiff and other express companies
the same facilities on equal terms WIN the
Pacific express company, said defendants rail-
road embrace in the terms they thus profess
10 offer the payment by any express compa-
ny doing business on any portion OF their re-
spective lines of the fixed daily sum of at
leas. 0ne hundred and fifty dollars for each
day passenger train is ruo, and one-haif
first class passenger fars for the whole length
of their respective lines each way lor one lull
first.clAss passenger fare for the whole length
of their respective lnes) each day passen-
ger trginis run for said express company's
messenger without regard to the amount of
the express matter said express company
may wish hauled, or the leDgth of line over
which said express company may desire to
carry out its business. The lines of each OF
defendants roads now open to business, mess
ure in the aggregate respectively abor1 xix
hundred miles; frst-class passenger fare IL
| limited in this state and is now charged ~ the
rate of five cents per mile. These contracts,
| therefore, when analyZsd, mean the same
thug, in the controlling point, thst the
Pacific express company shall pay esch OF
the defendant railroad companies ct least
| $3.50 each day that q passenger train is run,
and the equity Of facilities and terms
| offered to all other persons or companies
doing an express business is, that you can
use all or any portions of our lines for the
TRANSFORMATION of your express matter, pro.
vided that you and each of you pay us Slo0
a day, without regard to the weight. bulk or
quality of the matter we haul for you, or
the length of the haul.
[. is not at all difficult to comprehend that
this is species of equity that cannot fail to
prove satisfactory to the miads OF the man
agement of these railroads, and that the de-
gree of such satisfaction will be materially
heightened by every addition to the number
of persons or express companies DONG an
express business that accept and share these
equal terms
| u,;t
company by the Texas u Pacific
railroad company appears to be the first
| fruits of "sD averred policy of his company
defendant q quo the language of the vice.
president of the company for some months
past as soon as it could be done to encourage
competition in the carrying of express matter
80 that the wants of the people could be met
at cheaper rates than those which have here
tofore prevailed" That this species OF
eqality would probably be so attractive to
persons or companies doing an express bus-
ness as 10 arouse heir activity in competing
for express business to be done on those
routes is not 30 apparent to my mind, and the
ability experienced and gravity Of tho very
learned and skillful counsel appearing for
the defendants we're not equal TO the pre-
sanitation of that view of the case; it was
therefore commended, as itshss been commended
Ia cases presented TO other judges during the
past year with which the courts and the le-
pal profession have become somewhat ia
mliar), that the certainty OF having
dispatch was necessary ele-
ment of the express business;
that this could only be secured by having
always suficiency of room that as each
express company would want all tie business
if it could get it, and as one might succeed II
getting it all, that to insure slways having
room, each bad 10 contract for all the room
its business on any one day might need, and
hence had to contract for room equal TO
something more than the average daily haul
of such matter, and that the express bust.
ness, and not the railroad company, should
bear the burden Of the dead hsuls necessary
to secure ut all times this ample supply OF
room, ami further AS to these cases, is was
urged that the plaintiff by its
| bill showed that it was in possession
of the express business on this line; that II
had established regulations; that 1t had the
good will of such business on those routes
with trained messengers ana other servants
known 70 the public and trusted by the pub
lie alo 10 said routes, with all of the appli
snces for doing all of said business as it had
done for many years. and that this being so
whatever other express companies might
suffer by any supposed inequality by such
terms the plaintiff could not complain;
that IL the Pacific express company
stranger-with no present run Of business
and none of those elements condu-
Give 10 procuring and transacting
such business could afford 10 make such q
contract, surely the plaintiff could very much
better afford Il; that If there was any inc.
1 quality, II would msnifsstly work most
strongly in favor Of that express company
which always was 10 possession Of the tradS
II is not Questioned that despatch is one Of tne
vital elements 10 the express business, AID j
do not QUESTION thsi for the convenience oil
both parties ga express company may con-
tract with rAilrosl company for such roo q
daily, on passenger or other fast trains
As the railroad Company can furnisa without
thereby excluding or Discriminating agalnsi
any other company or perr0a doing an ex
press business. Toe ques ion ofdsly room
Il fIr any one express company is however a
subjsci Of concern cbiehy 70 the expre
company, the rairoai company being only
chargs8in iis duty, o. Al exclusive carrier on
public high way, b study and ssc8rtsin the
I current volume Of express bu.n ss offering
and likely 10 offer and provide aisqlsie and
reasonable acc, modstion Tor tbs. business
By vhstevar other agency 20 agencies, com
/ r,s~v rr rnra1r- one N more. such express