Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-03-22

nations were alleged to have occurred be-
tween April, 1871 and September 1879.
The case had been bitterly fought on both
sides, and as the charge Of the judge is OF
general interest from the nature of the
case, a full synopsis is appended.
After reciting the claims of the plaintiffs 8
petition-that the railroad was the plain
tifrs only means Of transportation, and
that the determinations destroyed the
business of the latter, the charge is as
follows: "The defendant interposes two
defenses. 1t denies the facts as stated to
be true, and claims that tho action is
barred BY the statute of limitations. These
defenses present questions Of fact to be
determined by you. But as correct ap-
probation of the rights and duties of rail-
road carriers may aid you in the discharge
of the duty which the law imposes upon
you of correctly deciding upon the facts,
few enelal observations touching the mat
ter will not, 1 trust, be considered as inap-
propriate. Railroads are quasi public high
ways. If the Legislature of your state were
to enact statute purporting, on any
pretext whatever, to authorize one or
more persons, either with or without CON-
pensation, to take private property and
appropriate the same to his or her private
use, the courts would, under the RESPONSE
bilities imposed upon them by the consti
tuition, he bound to declare the statute
unconstitutional and void. 1t is only upon
the hypothesis that railroads are quasi.
public highways that the Legislature can
constitutionally invest them with author
ity to condemn private property to their
use And being such highway, every in.
dividual constituting a part of the public.
for whom railroads are constructed, pos
sesses the right to equal facilities and
accommodations in their use. If the law
were otherwise, as you can readily see,
the business interests Of individuals and
communities would be, to greater or less
extent, dependent Oh the favor Of rail-
road officials. If railroad corpor-
alton could, with impunity, carry
the same class of freight over
the same road, and between the
same points, for one man, or class of men,
an competing interests II they could
cents per bushel for the transportation of
wheat from Cleveland to New York, while
they did the same service for another and
rival merchant for ten cents; or bring hither
merchandise for certain favorite firms and
refuse to carry for others, they could
max, and unmake the fortunes of whom
soeyer they chose. Railroads. whose ca
pacities for good and evil were not fully
comprehended quarter of century ago,
are now regarded as essential to the rapid
development and prosperity of the country.
No one can at this time successfully CON-
pete in manufacturing, mining, or in CON-
mercial pursuits, without the use Of rail-
roads. They have pretty much superseded
any other means Of inland transportation,
and if their manipulators are authorized
for any reason, sinister or otherwise, to
invidiously discriminate against one man
or community in behalf of other and rival
interests, they would be in possession of q
power which, skillfully exerted, would
demoralize trade and extinguish honest
competition to the impoverishment of
those they dislike and the enrichment of
their favorites. And if, by chance, selfish
and ambitious men should ever acquire
control of any considerable number of
competing roads, they could, by disfavor-
ing the refractory and rewarding the
obsequious, largely influence both busi-
ness and public sentiment within the
radius of their influence, and thus increase
their individual fortunes and strengthen
their power.
am glad to be able to say, gentlemen,
that railroad corporations are invested
with no such dangerous power. Their
officers are, in qualified sense, trustees
for the public as well as the shareholders,
and are in law, as well as IN morals,
bound to execute the trust imposed upon
them by their charters, SO as to secure to
everyone applying therefor equal facilities
in the use of their roads, and upon the
same terms. You are to decide in this
case whether there has been any discrin.
inations made against this plaintiff.
It is conceded that the schedule
freight rates for 1875 from Saline
vile to Cleveland were $1.6O pc,
ton for the first 5000 tons shipped,
thirty cents less on the next 5000 tons,
forty cents less on the third 5000 tons,
fifty ccnts less on the fourth 5000 tons and
sixty cents less on the fifth 5000 tons, and
on all coal in excess of the last amount
transported for any one man or firm. The
effect of this rebate was to give to the
heaviest shipper better rates than ship.
pers of less amount enjoyed. Is such a
wholly dissent from the proposition that it
is. If such a rebate is authorized in ship
ping coal, it is in transporting wheat OF
anything else transported in large quaint
ties. The effect of such policy would be
to add to the strong and crush out the
weak. II you find higher rates had to be
paid by the plaintiffs than were exacted
from others, such a discrimination is
wrong to the plaintiffs, and they are en-.
titled to reclaim what they overpaid, with
interest,""
After briefly referring to the claim tina,
the n1aintiff's business had also hapn in
jured by the loss of the dock privileges,
and stating that all customers were en-
titled to equal chances for using the
dock, the plaintiff having as much ri ght to
it as any one else, Judge Baxter concluded
"The plaintiffs state that their business
was ruined by the discriminstions and
ask for damages on that account. At the
beginning of the trial declined to enter
5ntc an examination of that injury.
These would come under the head Of
speculation damages, and have no place
here. Courts refuse in this form Of an action
to inquire into and determine this ques-
tion. The plaintiff had . remedy for these
damages at tho time. He could have paid
the high rates and then recovered back the
oyercharge by suit, or he could by an action
in this court have compelled tho defend.
ant to extend to him the Same privileges
that others had. Although the overcharge
may have been the legitimate caasc Of
failure, that branch of the subject is now
withheld from your consideration. There
are three questions to be considered by
yOu-the OVerchar0eS. the extant of the