Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1882-03-04
congratuIatory Dispatches on the
Escape Of the Queen.
Favorable Outlook for the Whca,
Crop.
Important Opinion Relative to Railways
&C.. by Judge Miller.
Iowa Court Dsc,s,ap..

press company, vs. the Missouri, Kansas
and Texas railway company; same VS.
the Atchison, Topeka and Santa Fe rail-
way company; same vs.
the Denver Santa Fe and Rio
Grande railway company. Justice Mil
Ter gives first his opinion that what Is
known as express business, las by the
necessity of commerce and usage be-
come known as a branch carrying trade,
an entirely different transportation of
. large mass of freight usually carried on
steamboats, and railroads. That the OBJ
ject Of this express business is to carry
small and valuable packages rapidly, and
in such manner as not to subject them
to loss and damage, which to greater
or less degree attends transportation of
heavy and bulky articles 1t
has become law and usage
and it is one of the necessities Of the
business that these packages be in the
immediate charge of messengers or
agents. and to refuse permission to such
agent to accompany these packages on
steamboats, OF railroads, and to deny
them the right to the control of them
while 30 carried, Ii destruction of busi-
ness and Of rights which the public
have. In the case of railroads in this
class of transportation, railway compa.
nies are no longer liable to all the obli-
cations of common carriers, where ex-
press matter is so confdsd to
an agent, but where the loss
occurs. the exercise of due care and dill
gencs on the part of railroad companies
is all that is necessary. Under these cir
cumstances railroad companies have no
right to open and inspect packages and
property when they have been closed by
their owners or by express carriers.
Justice Miller gave it as his opinion
that it ID the duty of every railroad CON-
pany to provide such conveyance, by
special cars or otherwise, attached to
their freight or passenger trains,
- is required for the safe and proper
transportation Of this express matter
on their roads and that the use OF these
facilities should be extended on equal
terms to all who are usually and actively
engaged in tho express business. The
express matter and the messenger in
charge should be carried by railroads at
fair and reasonable rates of compensa-
tion. and when parties concerned cannot
agree upon what that rate should be, it
IL question for the courts to decide. He
was Of the opinion that court of equity
in case properly made out had authori-
~ to compel railroad companies
to carry this express matter,
and to perform duties in that respect in
dicated in this opinion and to make such
decrees and orders as are necessary and
to enforce them by ordinary methods.
He doubted the right of court to fix, in
advance, the precise rates which the ex.
press company shall pay the railway
companies and what price the railway
companies shall accept. but had no doubt
OF ito right to compel railroad companies
to performance of service, and after it is
rendered, to ascertain q reasonable com.
pensation and compel its payment. To
permit railroad companies to fix upon a
s.te OF compensation, which is absolute,
sad insist upon payment in advance,
at the endof every train, would be to en-
able them to defeat the just rights of
express companies; to destroy their bust
ness, and would be practical denial of
justice. To avoid this difficulty, Justice
Miller thought the court could assume
that the rate or other mode of compen-
sation existing between any two compa.
MES il prima facie reasonable and lust.
and can requir Q parties to conform to it
as tho business progresses. with right to
either party to keep and present an &C.
count of the business to the
court at stated intervals and claim in
addition to rebate from the amount paid,
and to secure railroad companies, in any
sum which may be thus found due them,
bond from the express company may
be required in advance. When no such
arrangement has heretofore been in ex-
istence. it is competent for the court to
devise some mode of compensation to be
paid as the business progresses, with like
power to final revision on evidence or
reference to the matter, etc. The opin.
ion Of Justice Miller comedies with the
views Of Judge cCrary. given in form.
or ruling.
Railroad Its.ns.
New. York, March 1T is believed that
the Illinois Central railroad will decide
to . Distribution Of the Chicago & New
| Orleans railway to its stock poolers BY
stamping tveuty shares Of the Chioagc
I New Orleans stock on each one hupd
red sharss Of certificates Of the Illinoil