Omaha daily bee., 1881-07-18
AN DECISION.

n very hHlpoi'aiiO uoOioioh, ahoOt
ing the rights and duties of railroads
rs commo carriers, was rendered
last week by Judge Geo. W. McCrary,
of the United States circuit court, for
this circuit. The suit was brought by
the Southern Express company to re-
strain the Iron Mountain railroad
from charging the complainants high
err rates on express matter than its
charges on simitar express mat
ter received from or deliv-
cred to itself or the Pacific Express;
also from discriminating against plain
tiff in favor of itself or any other ex-
press company or person in the mat
ter of rates. A temporary injunction
was granted, which the respondent
prayed dissolved. By consent the
case wa submitted to Judge McCrary,
the main points OF whose decision vas
as follows:
/. The railroad company is n quasi
public corporation, and bound by the
laws regulating the power and duties
of common carriers, persons and prop
erty. 2. 1t 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. 3. The business of
expressaoe has grown into public ia
vor. 1t is the 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 messenger who
is to have the charge and care of them
en- route The railroad companies
must, in common with the public, rec
ognize the necessity for this mode OF
transportation, and carry express
packages, and a messenger in charge.
Therefore all express companies that
apply are on the same terms, unless
excused by the fact that sc many APP
ply it is impossible to accommodate
all. This state OF things is not likely
to occur. If it Is as said, this is Civ,
ing to express companies privileges moi
afforded to other shippers, the answer
is, native express business makes spe'
cial facilities for its transaction neces,
sary, and the case, therefore, is prop.
erly exceptional. a. 1t is not neces.
sary now to determine whether q
railroad company may under it,
charge engage in express business,
and undertake to carry and deliver
packages beyond its line. Enough
for the present to say, if it posses,
the right to engage in business at all
it must do 80 on terms of perfect
equality with all other express com
panies, and the court will see it doe!
not take to itself any privileges i
does not extend to complainant
The motion to dissolve the injunction
is overruled. In conclusion Judg,
McCrary said the railroad company il
bound to carry for the express com
pany for reasonable compensation
and must not discriminate against il
Court Chancery has power t
decree a compliance with this whole
some regulation. This court canno
tor a moment sanction the PROPOSE
ton. The railroad company may b,
extortion or unjust discrimination OK
clude the express company from tn
right to conduct its business upon tn,
railroad. ] am not prepared now t.
fix the maximum rates to be charge
for the transportation of express mat
ter, but / have no doubt of the pow
or, of curse after investigation, to d
30. An order for this purpose shout
not as a rule be made until after
: reference to master and report by hiI
after hearing. For the present tn
injunction, hereinafter allude
ito, will be modified 4
as to enjoin and restrai
respondent from charging complain
ant for transportation of express ma
ter, closed packages, more than fai
and reasonable rate, such charges i
no case to exceed rate charged on sin
liar express matter to itself or to an
other express company, or for simili
express matter received from or deli
cred to Iron Mountain and Souther
4 Express Company or Pacific EXPIRES
Now this decision confirms what tn
q people have been contending for, vi
4 that railroads are public carriers, tn,
: as such they are bound to carry q
; goods offered them by any party
reasonable rates; that they have !
right to discriminate in favor Of pr
: ferred patrons or against individual
or corporations that are compelled
patronize them; that in cases whe