New-York tribune., 1882-03-13
THE RIGHTS or EMPRESS COMPANIES.

| TIE RIGHTS OF EMPRESS COMPANIES.
TIE RECENT DECISION OF JUDGE MLLEB-sATIs-
| FACTION OF THE EXPREssMEN-THE QUESTION
! LIKELY To BE CARRIED TO THE SUPREME COURT.
The decision of Justice Miller, of the United
States Supreme Court, sitting in the United
| States Circuit Court at Keokuk Iowa. recently,
in the suits ag aInst several Western railroads by
the Southern and Adams Express Companies has
been awaited with great isterest by express COM
pany managers. The suits involved questions vital
to the existence of the ex, ress companies. Their
business would virtually have been destroyed had
the decision Of the Court been adverse to them and
had 1t been confirmed by the Supreme
| Court. The litigation arose from the efforts
made few years ago by several prominent
railroad companies to exclude all express companies
| from operating their lines The Baltimore and
| Ohio Railroad Company was the first leading com
pany to undertake its express business, about
| six years ago. In the New-England States a num-
Der of small express companies had been compelled
to withdraw from some Of the small roads. About
two years ago the Pacific Express Company vas
established on the lines Of the Union Pacific and
Wabash railroad system, and the result, combined
with the action # several large Western railroads
against the Adams, the Southern and the American
Express Companies, was to force a legal issue
between the roads and the express companies
TO determine the rights of the latter
The railroads claimed the right to exclude all out
side express business from their lines which claim
was stouty resisted by the express companies. -,
The express business Is more than forty years old.
There are 4G4 express companies at present in
existence the United States. The three principal
ones are the Adams, which operates the Penn
| sylvania Railroad system; the American which is
favored particularly by The New-HOrk Central; and
| the United States, whose arrangements are spec
| tally made with the New-York, Lake Erie and
| Western. The Southern Express Company is
! another of the leading companies. In the suits
| at the West 1t was put IN evidence. for
| the purpose of proving the magnitude OF the
business, tnat in 1879 the property transported by
| the four express companies named above
| valued at III re than $3,OOOOOO,OOO This amount,
| II was testified 10, was greater than the value,
at the place Of production, OF the produc of the
soIIsueh "a Grain, e9a' IRON ore ore. cottI2ni re etcT
which were transported ID thht year Oy an the rail-
| roads in the country. II was shown that the eX
| press companies paid 10 the railroads more than
the latter Re elyed for carrying the United states
mails
Conversng recently with TRIBUNE reporterson
! the subject William b. Dmsmore, president OF the
sni.s before Justice Miller were occasioned by
| the attcmTt of the railroads few years
ago 10 strip he express companies OF theI ngnts;
J At first We Thought we h1d no redress but We nuu
now that We have. lhe principal point IN Justice
hi,rs decision Is that - hcn establishes the equal
right oi all rXpr :, companies to obtain full trans
poratiou facilities from the railroad, 1t reasonable
rate OF con peusatiOn. The ucklish question Will
Dee .eclde what those rates shall be- buJ the Court
Hes, OF the country cOlld not be conducted VIII lOut
| the express compamc-. Their superiority over the
ordinary freight transportation by railroad, besides
! the time saved, Hes III the fact that Shippers
| obtain receipt for the safe de
| livery of then goods through TO their CestnauoE
| enabling lOSsa. and damages 10 be recovered
promptly In shipping freight ordinarily the rail-
| roads gyc receipt only tor the safe transporta-
tou over each particular line and ln case Ot loss OF
| goods gong over several railroads from one place
t. anO ner IS difficult 10 prove Just which road Is
| responsible. All the exchanges of money between
dInerrut parts Of the country take place through
the express companies aud that part OF the business
itself represents enormous value. IL Is even be-t
for tue interests the railroads that we should con-
unue our business, Tor they receive more money
| from than when they conduct their own express
| business
4" Some railroad reports perhaps would not sus-
tain that view suggested the reporter.
There some peculiar methOus III railroad
| bookktepiug' M DInsnOTc responded. - here
the roads have shown profits III tnelr express 6us-
ness they nave been made al the expense OF tu
| freight department. say that the railroads II
tney should conduct their express business ltgltI-
| mately, III the same manner the eX press COM
panies do, would receive less from 1t than they re-
! ceIve al present from the express companies. Mr
DmsmOTe expressed gratluCatlOn at Judge Allllers
decision, saId he had ttle doubt OF Its confirm
auOn II the case was appealed Oy the IalI-
| roads to The supreme Court The case,
however could not be reached on appeal tor two OF
three years, aud III the III autlme the express COM
paulcs would be protected III their business.
A Wel-kHOwn lawyer, familiar With the recent
litigation, said: " The AtchlsOn, Topeka and
/ y
gave notice OF tue termination Ol It's contract with
me Adams Company, stating IL had made an cA-
elusive arrangement with " els, Fargo ~ Co. j he
Adam, the same terms IS NlthOut effect.
Next thc Denver aud no UIaude refused TO allow
tut Adams operate over Its cXtcus Uu- Duit aIter
| their original contract was made. The Missouri,
hausas and Texas tucu took similar action, Out
subsequeutly offered 10 allow the Adams facilities
Ou the same terms with The Pacific Express. These
terms were deemed eAOrbltaut by the Adams
COMPANY and Ner- refused. 10 prevent itself from
being elected from these lines the Adams Company
oDtalucd njunc siOus agdIust them, which were con
tiuued untlI the SUIT, brought by IL were reached
ana decided by Justice Miller. Hence the express
companies have not lost any money Dy the aCuOn
OF Ine railroads, aud are now confirmed III the ell
iuymcn. OF tueIT rights. In adaItI'n to the roa"S
monti. ned above, similar hostile acu0u was t3Acn
Oy the Louisville ami Nashville and the roads
winch ii controls, against the Adams dud tue SOUTH
eru EApress Companies; By the Louisville, New
Albany and Chicago, ana Toledo DephOs aud Bur
nngtOn against tue American, and by the iron
Moan. ain and the Memphis and Little Eock ng-rnst
the southern. he only express companies hicu ever
wer. thrown from railroads were several small ones
on lines Maine, Massachusetts,, New liam psLIfc
and PENNSYLVANIA some years ago IL the position
of the railroads had been sustained the Uu>Ihe~s OF
tn. press companies would have been completely
utstrot ed Ia the course OF time. suppose tnr rail-
roads Will appeal from Justice MLlers decision
----------
OBITUARf.