Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-26
Rates To be FiNea .t"d Prescribed BY
EuDI,c authority.
Cincinnati Gazette.

The following decision in the case of the
Southern Express Company %. the Iron
Mountain and other railway companies will
strike most railway IN n Us being an indorse-
meut of Jere. Blacks notions about the rights
of common carriers. IL will be remembered
that j. 'ge Black. in a letter dated November
I6 1880. TO the New York Board of Trade
and transportation, took the ground that a
raj W AZ laid out and built by the authority
OF the State for purposes OF commerce, is a.
much a public highway al a turnpike
road, canal, or navigable river, and that
notwithstanding the road, stations, equip
ment and other belongings may nave been
constructed and purchased wholly with
moneys belonging to individuals, the road
beloogs to the State, and all the people,
have a right to use it upon compliance
with necessary regulations aud payment OF
the proper tax; and, furthermore, he says
this tax must be reasonable, just, aud uni
form, and liked so that every citiz-n may
know beforehand exactly how much ne must
pay, 30 that when he pays, or tenders the
proper or liked amount, he will acquire an
absolute and perfect right to the use of the
road. ii this be the law under which the
RAILWAYS have been built, there is a greal
Misunderstanding on the part of the owner
of the roads as Ia how far absolute owner
ship secures control; also, as to their right
to enter INFO agreem nts and contracts with
shippers to transport goods and merchandise,
at a stipulated price per ton per mile. Ac-
c)rdipg to Judge Blacks opinion and Justice
Miller's decision, the amount of tax or toll
cannot be determined by the parties mos
intere sted. IL is a thing to be settled, fixed
and prescribed by public authority, which IL
another name for boards of railway commits
sious, or the Federal Courts. If this decision
i, a correct Interpretation of the law under
which railway charters are obtained, it is
almost certain that very many Of the pro-
isets for the construction of new railroads
will be aban ioned. Hitherto it has been
supposed that it was the duty Of the State to
Dr. Imote intercourse and trade by granting
franchises, and to recognize the railways a.
tn. property of those who furnished tht
Iney to construct and eqnip them, and ais
to protect them IN their rights. But Justice
Miller thinks otherwise, as will be seen BY
the following decision:
ST.. LOUIS, February 2 -A decision was
rendered in the United States Court to day
in the case Of the Southern Express Com
pany against the Iron Mountain ana
Soulh-rn railway. Other cases were anal
gama.ed with this, and the decision affect
not only the Iron Mountain, but the Mem
phis aud Little Rock Railroad Company,
the Miss ,uri, Kansas and Texas, in the sui
of the Adams Express Company, the Atchi
500, Topeka and Santa Fs railroad, and tn
D.nver aud Bio Gran1e Company Justice
Miller, in his opinion, holds that the Court
of Equity can compel railroad companies to
provide for the facilities of the express bu'i
ness, and to furnish cara for that purposr,
aud to afford equal facilities for all expre-s
companies actually engaged in that bust
ness. Only fair aud reasonable rates shall
be charged for carrying such matter and the
sgeut in charge OF it. The rate cannot b
fixed in advance by the railroad company,
neither can coll -ctions be made at the end o
each journey, but the courts can reguiat
the compensation for such service after i
has bsen Performed, and the railroad com
pinies can be protected by a bond, to b.
given by the express company. lnjuncjiDT
heretofore granted in chambers is Continued
in flrcs.