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

| 10 be transported on paid linee, than " wa
| las. yoer. 10 one not M expert N all thI
nicetios Of railroad management u would
more readily appear that 10 contract VIII
competing express companies tha'
o,ch should have each day, room
sufficient to carry nearly double
the average daily haul for all parties
over the rosd OF express matter, II tho CON
tract on the part of the railroad was actually
80 carried out AS TO sequestcr from the use ol
all others the room engaged 10 each, Nigh!
soon and seriously trench upon the other
interests and duties Of the railroad.
Nor does the suggestion that the plalntlli
ia in possession of the express business, and
therefore 10 no situation TO complain, strike me
with force in the direction intended. On the
contrary, in my judgment. the admitted facts
in referencet to the piaistiifs present relations
to the express business along the lines OF de-
PENDANTS roads, tends rather to challenge Grill
ciam of the proposition that by these contracts
with the Pacific express company, these rail-
roads are pursuing policy to encourage
competition IN the carriage OF express matter,
so that the wants of the public can be met
at cheaper rates than those which have here
tofore prevailed. Not denying or questioning
the right Of the railroad to contract with any
express company for adequate room daily,
for such an amount Of express matter as 1t
actually has from day to day, so long as such
contract does not disable SUCH railroad from
granting equal daily facilities to any other
express company soliciting Inc same accom-
modation on the same terms, ana so long rs
sill such contracts shall not disable such roads
from furnishing adequate accommodations
in their due turn to other companies or
persons doing an express business and
soliciting transportation for express
matter, am clearly of opinion
that said railroad companies When they 50
contract must go frame their contracts as 10
odiust the rate Of compensation to the number
ofperaons and quantity (and perhaps quality
of matter transported and to the length Of
haul and so rs not to discriminate IN FAVOR
of one or mora companies or persons doing
an express business against one another, or
others engaged in similar business. As to
the amount or rate of compensation, the
nlaintiff contends that said rates cannot
exceed five cents per mile for the transport
tation of its messengers, and fifty cents per
one hundred pounds per one hundred miles
for transportation of its express matter, and
relies upon articles 4256 and 4257 Of the
Texas revised statutes, to support this con.
| tention. This proropsition of the plaintiffs
considered in connection with the plaintiffs
undisputed claim to have express matter
hauled on passenger and other last trains,
and in the manner customary in hauling
suoh matter, was denounced by the
vice.president of the Texas u Pacific railway
company in his oral argument, as proposi-
| ton t'too impudent' and "too bold" to be
entertained by any court, or to permit the
| offering upon it OF auy argument to any
| court His couasel, however, did argue this
proposition deliberately, candidly, and with
much force. The provisions of he statutes
upon which the plaintiff relies are the fol-
lowing: Art. 1856. mo railroad company
shall demand or receive for transporting q
passenger over its line of road exceeding
| 1--WE cents for each mile or fraction of q mile
it may transport SUCH passenger" Art.
4257. "Railroad companies may charge and
receive not exceeding the rate OF itty cents
DER hundred pounds per hundred miles for
the transportation CT freight over their
roads. but tho charges for transportation on
each class or kind of freight shall be uniform,
and no unjust determinations in the rates
| or charges for the transportation
of any freights shall be made against any
person or place On any railroad in this state.
| Provided, That when the distance from the
place of shipment to the point of destination
| of sny freigass i, ffby miles or less, y charge
not exceeding thirty cents per hundred
pounds may be made for the transportation
thereof. The correct construction Of these
provisions and how far they affect the issue
between these parties, ia not free from diff
Guilty. There is no literal exception in the
statutes taking express matter out Of Its
general terms used 70 embrace all commodi-
ties handled by railroads. The only
exception made in the statutes in direct aud
explicit terms is in reference tothe mails OF
the United States which are to BE- carried on
spch trains as the proper authorities OF the
postoflice department may require, and for
such compensation as may be agreed on be-
tween the parties, or in case they cannot
agree. then at rates fixed by certain
| commissioners al not less When carried
on passenger trains than the rate for trsns-
porting al equal weight of matter on ordi'
nary merchandise trains, with. provisions for
compensstion for car, extra speed, etc,
| ARTICLE 4235)
The legislature had full and minute kuowl-
edge OF soc existence aud eAsea. aud man
ner of conducting the exDress business OF
the country and was mindful to impose on
every person, firm or association Of persona
| doing 40 express business in this state an
annusl tax of $3.50 (Artiele 1861. The
legislature, at least equally with tho courts,
had knowledge that express mstier was car
ried IN particular manner on passenger
and other fast trains, and not received,
recsiptod for or taken charge of by any OF
the servants of the railroad corporations,
| The legislature had knowledge also that tnls
business as TO the compensation - the rail-
roads therefor, had ever been and continued
TO be regulated by speciSl ntracts between
the railroad companies an the express
companies; express matter is no whore,
In auy way, specially mentioned in
the statute. 1t Is not provided that such
matter shall be carried on other trains than
ordinary merchant ise trains. 1t is perhaps
true that the terms Of the statute do necessa
riiy include all matter received by the rail-
road and transported 10 the care Of is
servants, without regard 10 the quality Of the
matter or ths train upon which II i
carried. A railroad company could moi
perhaps receive hundred pounds of fresh
oysters in the she'll at Galveston sud haul
the same TO Dallss, and (becsuse it's servants
called il express freight" and cOns3nted 10
hsul Il IN baggage car sttachei - a pas.
senKr trairl charge more than hfty cents
Der hundrei miles for the haul. Upon =
careful consideration OF al the provisions Of
The Texss statute bearing up the subject,
TIE inclinason Of my mind is 20 the opinion