The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1881-09-15
RAILROAD CHARGES.
\ Decision Showing that the Courts
Have Power to Regulate Them.
Chicago Tribune.

ers and duties of railroad corporations
and their subordination to law and to
the public. 1t appears that the South
ern Express Company, a corporation
doing business III the state Of Arkansas, |
was excluded from the cars and trains |
of the Memphis and Little Rock rail |
road company. The express coomn;alnHyy
applied u vnt courts for an Injunction |
compelling the railroad corporation to
afford the needed facilities. This in
junction was granted, and the whole
matter was argued before Judge Nc
Crazy on ~ motion to dissolve the in
junction. This motion was pressed
upon two grounds, which presented the
whole question involved. These grounds
were as follows:
First-That the railroad company,by
its charter, is possessed of the exclu-
sive privilege Of conducting the express
business over and upon its own road
and
Second-That even if this were no t
SO, the express company has no right
to carry on its business upon said road
without the consent Of the railroad
company.
The charter of the railroad company
contained the provision that "the said
company shall have the exclusive right
of transportation or conveyance OF per-
sons, goods, merchandise or produce
over said railroad by them to be con-
structed." The court said that the his
tory of railroads showed great changes
suggested by experience since the first
establishment Of railways; and one of
these changes took place when it was
found that the safety not only of prop
erty, but of life as well, depended upon
vesting in the owner of the track or
the company operating the road the
exclusive right to say what vehicles
should be placed upon the track.
Clauses like the one quoted
were therefore inserted III
nearly all the charters of railroad COM
panies. But the court held this clause
of the charter gave no such right as was
now claimed by the railroad company.
1t gives the company the exclusive
right to put cars on the track and oper
ate them for the transportation of per.
sons, goods and merchandise, but no
other or greater exclusive right. The
court then Overruled the motion to dis
solve the injunction for the following
reasons:
/. That railroad company is quasi
public corporation, and bound by the
laws regulating the powers and duties
of common carriers Of persons and
property.
2. That it is the duty Of such COM
pany as public servant to receive and
carry goods for all persons alike, with
out injurious Determinations as to rate
or terms.
s. That the business Of exp essage
has grown intt a public necessity, and
the railroads in common with the pub
lie must recognize the necessity of this
mode of transportation, and must carry
express packages and messenger in
charge of them for all express compa,
MES that apply on the same terms, un-
less excused by the fact that so many
apply that it is impossible to accomma-
date all.
4. Without deciding whether the
railroad company may, under its char
ter, engage in the express business, it is
enough to say that if it possesses that
right it must do so upon terms of per-
feet equality with all other express
companies; and the court will see that
it does not take to itself any privileges
that it does not extend to others.
! The principle on wIlch this decision
I'D; rests, and in fact the DECISION itself, is
to the effect that railroad companies
have no special powers or privileges ex-
cept that Of the exclusive right of OPP
Grating their road-that is: in prescrib.
ing what cars, how many of them,
their weight. their time of running, and
in general the mechanical control OF
the business. But in all other things
| they are common carriers doing bust
ness for the public, and in so doing are
subject to all the common-law rules
and regulations governing the duties
and obligations of carriers. The court
disposes of all the hair-splitting non
sense of vested rights under charters
and the right of men and corpo-
rations to do what they think proper
with their own property. Judge Nc
Crazy decides that "This court cannot
for moment sanction the proposition
that the railroad company may by ex-
tortion or unjust discrimination ex-
clude the express company from the
right to conduct its business upon the
railroad" and the court empathizes this
decision by the following significant no
tice to all parties concerned. He says:
IL am not prepared now to fix the
maximum rates to be charged for the
transportation Of express matter; but |
have no doubt of the power Of the
court after investigation, to do So"
This decision is in sympathy with
previous decisions to the same effect to
Justice Harlan of the supreme court,
and by Judge Baxter, Of the sixth cir
cult, and by District Judges Key, Ores.
ham, Teat, Hallet, and Caldwell. 1t
recognizes and affirms that railroads
are part of the business ma.
chinery of the country, and
not special inventions held by
special patents for the exclusive use OF
the patentees. These companies ope-
rate public highways, which are free to
all who may choose to use them for
transportation upon paying just and
reasonable toll. The companies must
treat all persons applying to them with
equality; they must not extort from