The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-03-23

more readily appear that u contract with
Competing express companies that
each should have each day, room
sulneient to carry nearly double
the average daily haul for all parties
over the road OF express mst.er, ii the CON
tract on tho part of the railroad was actually
so carried out as to sequester from the use of
all others the room engaged to each, might
soon and seriously trench upon the other
interests and duties of the railroad.
Nor does the suggestion that the plaintiff
10 In possession Of the express business, and
theretoroin no situation to complain, strike mo
with force in the direction intended. On the
contrary, in my Judgment. the admitted facts
IN reterenceto the plaintiffs present relations
to the express business along the lines Of de-
tendants' roads, tends rather 20 challenge cri,i-
c,sm of the proposition that by these contracts
with the Pacific express company, these rail-
roads arc 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 il
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 the same accom-.
mediation on the same terms, and so long As
all 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 thew SO
contract must so frame their contracts NJ to
adjust tho rate Of compensation to the number
ofpereons and quantity land perhaps quality
of matter transported and to tho length OF
haul, and so ss 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
ptaintiif contends that said rates cannot
exceed five cents per mile for the transpor.
taton of its messengers, and ffty cents per
one hundred pounds per one hundred miles
for transportation of its express matter, and
relies upon articles 1856 and 1857 Of the
Texas revised Statutes to support this con.
tenton. This proropsition of the plaintiffs
considered in connection with the plaintiffs
undisputed claim to have express matter
hauled on passenger and other fast trains,
and in the manner customary in hauling
such matter, was denounced by tho
vice'president of the Texas & Pacific railway
company in his oral argument, AS PROPOSE.
ton "too impudent' and "too bod'' to be
entertained by any court, or to permit the
offering upon it OF any argument to any
court, His counsel, however, did argue this
proposition deliberately, cabdidly and with
much force. The provisions of lhe statutes
upon which the plaintiff relies are the fol-
lowing: Art 1856. mo railroad company
shall demand or receive for transporting
passenger over its line OF rosd exceeding
live cents for each mile or fraction of mile
IT may transport such passenger" Art
425l. "Ralroad companies may charge and
receive not exceeding the rate of fifty cents
per hundred pounds per hundred miles for
the transportation CT freight over their
roads, but the 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
oil any freights shall be made against any
person or place on any railroad in this state.
PROVIDED, Ihsl when the distance from the
place OF shipment to the point of destination
OF any fre'gats is L J miles or less 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
ia - e. e.