The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-03-23
INJUNCTION SUIT.
Judge MeCOrmiek's Decision I'm the
Injunction Suit of the. Sexas
Express Co.. vs. the \. d II.
al. d q. N. Railroads,

In the circuit court of the United States for
the northern district of Texas upon application
of the Texas express company. represented by
FEE. Whitfield and White 81 Plowmsn, for
a preliminary injunction agains. the Inter
national and Great Northern railroad COM
psny aud Texas & Pacific railway comps'
ny, represented by Messrs. Baker and Wei
born, Leake IL Henry, the Hon. a. T. Nc
Corlaiak, United States district judge, rem
dered the following decision sustaining the
bill in equity of the Texss express company
and restraining the railroad companies from
eyicting the express companies from rail-
roads.
Texas Express company g. heTNNas \ Pacific
Railway company, and mo teAsS ENpree, ,
company VS.. the International uleat
Nortuern Railroad company: In equity
The complainant in these bills, after setting
out its corporate existence, citizenship and
powers and the customary and well known
ussges of its business and the nature OF the
trade done by express companies, and by the
complainant company, and also setting out
the corporate existence, citizenship, powers
and duties OF the defendant corporations,
shows in substance tha! the complainant has
for number CT years past and up to the
presentation of its bill been doing business
on the lines Of the defendants railroads under
contracts made and modified from time to
time by the respective parties and that ra-
Gently both defendant corporations have
given the compsnan. such notices (sat out
in the bill) as indieetes determination
on the part of said defendants to terminate
the contracts upon which complainant has
been and is dong business on said lines, and
plaintiff ayers that In giving said notices said
defendants had in view TO lay foundation
for the election Of compananps express
business from said railways, claiming and
intending 10 assert the rigdt in defendants
to do the express buliness thereon themselves
or excluding all other express companies,
mske an exclusive contract with one only
Complainant shows the extent and irrepara
BILE injury that would result to IL from such
action as the defendants conduct is averred
TO threaten, and prays in substance and with
ample detail that the defendants may be
decreed to permit the continuance of CON-
plainants business on the lines of defend
ants road without molestation or hinderance
and on such reasonable terms
as do not exceed the rates prescribed by the
laws of Texas, and do not exceed the rates
upon which other express matter is trans
ported by the defendant, and upon the same
trains upon which other expires matter is
transported; praying also that the defend
ants, their agents, officers and servants be
perpeually enjoined from refusing the COM
plsinant the facilities now enjoyed by the
complainant in the contract of its business
on defendants roads, and from excluding
any Of its express matter or messengers from
defendants depots, trains and cars, and from
refusing TO receive any transport, as the de-
PENDANTS are now doing the express matter
and messengers of the plaintiff, and from
demanding from plaintiff rs condition of
shipmen', the inspection of the contents
of its packages, ana from demanding from
plaintiff higher rate upon packed parcels,
freghts and chests, than upon other freights
Of like weight or bulk ,or charging for the
transportation Of its express matter other
wise than upon the weight thereof, or from
otherwise charging proportionally higher
rate upon small than upon largo packages,
or from discriminating against plaintiff lin
particulars exhaustively ststed) or in any
manner disturbing the business of plaintiff
in its relations TO defendants, so long as
plaintiff shall pay therefor n reasonable
compensation not exceeding the rates pre-
scribed in article 1856 and 1867 of the re-
vised statues OF the slate of Texas. Plain.
tiff also prsys for discovery from the
officers of the roads named and made
defendants in tho bills by which the terms
and conditions ofsny contract with the Pa.
oiiic express company, or with any other
company or persons, if any such exist by
and between said defendants and said Pa.
cihc express Co, or other person or compa-
ny for the transportation of express matter.
Plaintiff also prays for provisional or pre-
liminsry Injunction TO remain in force pend
ing this suit, etc. On the LIST of March, 1881,
made an order in each case directing the
defendants after services to show cause
before mo q. Dallas, on the 10Th of March,
why the provisional injunction asked should
not issue, and that in the meantime tho
plaintiff should not be interrupted or dis
eliminated against in its said business on the
lines of said defendants roads.
The issues being largely issues of law and
hardly affected bppreciably by the slight
differences in certain particulars of fact,
both cases have been heard as one, neither of
tho detondants putting in an answer as such,
but submitting atliisvits BY the officers of
the respective defendant railroads in tho
form of an answer tho officers Of whom
discovery was asked making full discovery ms
asked. The plaintiff has also submitted
atlidavits Of G. I. Campbell, superintendent
of plaintiffs business in Texas, in support of
plaintiffs bill.
From tho defendants affidavits il
appears that the defendants dsclaim all
right 10 eject the plaintiff from the lines of
their respective roads, and deny entertaining
any intention to discriminate against plaintiff.
They exhibit fully contracts lately entered
into by said roads respectively with the
Pacific express company, and each of
defendants railroad companies testiaes TO its
willingness 10 extend the Same facilities and
terms to the plaintiff, or any other express
company that thoir contract with the said
Pacific express company engages them to
extend TO II.
From tho contracts exhibited Il appears
that the International IL Great
Northern railway has Engaged
with the Pacific express company, "To farn-
ish said Paciac express company space in its
baggage or express car, TO DO hauled on pss-
senger trans between Longyiew aud San
Antonio, for 1890 pounds Of through freight
each way esch day that train is run, mud
between Palestine and Houston for $500
pounds Of through freight each way each day
that train is run, and for ono agont or mes.
senger who shall have charge of the express
matter and safe for money and valuable
,,a,ku,,ss CO.. ,,h, IA Tho Daciu, a>.,.a.. -.