The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-03-24
lcSlt cOuf i Of the United s'ates 70

national and Crest Northern RAILROAD com
many and Texas IS Pacific railway compa
nv. represepted by Messrs Baker and WEI
born. Leake & Henry, the Hoo. A. L. Nc
-Cormck, United States district judge, rem
6ered the rolllHing decision sustaining the
bill in equity of the Texss express coa'pany
and restraining the railroad companies from
.eyictipg the express companies from rail-
roads. g. pao,ao
Texas Exp ess company 8, me IsXas raclnc
Rsii,Uay com ua Y, and tho Tex IS Express
aonnnn,iv va the international Great
Nort1pra Railroad company: Ia equity
The CON plsinant in these bills, after setting
, ont its corporate existence, cltlzensnlp ana
mowers and the customary ard well known
i1aaoes of IL, business and the nature OF the
trade done by express companies, and by the
comnlainant company, and also setting out
tho cornorate existence, citizenship, powers
and dnues Of the defendant corporations,
shows in substance that the complainant has
for a number of years past and up to the
,,resentnfion Of its bill been doing business
On tho lines of the defendants railroads under
contacts made and modified from time 70
time by the respective parties, and tnat re-
Gently both defendant corporations nave
piye6 the complainant such notices (set out
in the bill as indie ties determination
on the part OF said defendants TO terminate
the contracts upon which complainant mas
been and ia dong business on SAID iines' ana
nlsirt,fT AYERS that IN giving said notices said
5afanoapts had in view TO Icy foundation
for the election of complainant's expires.
business from said railways, claiming and
intending IT, sssert the right in defendants
TODD the express business thereon themselves
or excluding all other express companies,
make An exclusive contract with one only
Comnlainant shows the extent and irrepara
ble injury that would result TO IL from sucn
action IA the defendants conduct is averred
to threaten, and prays in substance and with
annie detail thst the defendants may be
decreed to permit the continuance OF COM
nlainant's 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
perpe,ually enjoined from refusing the com
plainant the facilities now enjoyed by the
\ complainant in the contract OF its buslnes;
Non defendants roads, and from excluding
4ny of its express matter or messengers from
Attendants depots, trains and cars, and from
rafusiog 70 receive any transport, as Tue as'
fetdants are now doing the express matter
AMI messengers of the plaintiff, and from
demanding from plaintiff ss condition Of
shRpnenS, the inspection of the content:
ofEts packages, and from demanding from
plaintiff higher rate upon packed parcels
Heights and chests, than upon other trelght'
6f like weight or bulk ,or charging for the
TRANSPORTATION Of its express matter other
wise than upon the weight thereof, or from
otherwise charging a proportionally highe
rate upon .mall than upon large packages
or from discriminating against plaintif IN
narticulsrs extensively stately or in any
manner disturbing the business of plaintiff
in It's relations TO defendants, SO long q
plaintiff shall pay therefor reasonable
Compensation not exceeding the rates pre-
ecribed 10 article 1856 and 1857 of the re-
yised statues of tbe state of Texas. Plain
tiff also prays for a discovery from thu
officers of the roads named and mad
defendants 10 the bills by which the term
and conditions ofany contract with the ia
ci1c express company, or with any othe
company or persons. If any euch exist Dy
cifc express CO, or other person or compa
nv for the transportation of express matter
Plsintiff also prays for provisional or pre-
lilninary Injunction 10 remain in force pend
ing this suit, etc. Ga the LIST of March, 1881
I made an order ia each case directing th'
defendants after services TO show caus
before me at Dallas, on the 10th Of March
WHY the provisional injunction asked should
not issue, and that Ia the meantime tn
plaintiff should not be interrupted or dis
criminated against ia is said business on the
\ -lisss of said defendants' roads.
tie Issue baiGg lAlscly Issues cf law ant
hardly affected appreciably by the Sigh
diff9fences IN ceriain particulars of fact
both cases have been heard as one neither o
the defendants putting In an answer Is such
but submitting afidavits by the officers o
the respective defendant railroads in th'
form OF an answor : the officers OF whom
discovery was asked making full discovery n
asked, The plaintiff has also submitted
afii1svits # G. T. Ca npbell, superintendent
of plainuf's business In Texas, in support o
plaintiffs bill.
From the defendanis' sfEidavits !
appears thst the defendants disclsim al
right 70 dec. the plaintiff from the lines o
their respective roads and deny entertaining
any intention TO discriminate against plaintiff
They exhibit fully contracts lately entered
into by said roads respectively with tn
Pacific express company, and each o
defendants railroad companies testihes 70 II
willingness 20 extend the came facilities ans
terms b the pIsiutif, or any other expires
company thai their contract with the SAID
Pacific express company engages them Z
extend 10 d.
From The contracts exhibited il appear
that The International d Gree
Northern railway has eng ge'
with the Psciic express COMPANY, tie Turn
ish said Pscie express company space IN u
baggage or express car, 70 be haulsd on pas.
senger trans between Bongview and Sai
Antonio, fOr 500 pounds Of through freigh
each wsy eaca day that train 4 run. ~
between Palestine and Houston for 20
pOands Of through freight each way each dal
that q train e run. and for one agent or mes
senger who shsil have charge Of The erpfes
MISTER and safe for nODey aud vslusbl
pscksrns, ~ Will 'he Pacific express m
psry ergsgss . pay one hundred and On
dQllsr>lor eseh and every day that Psssen
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