The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1882-03-16
Justice Millers Opinion in the Elk
press and Railroad Cars.
Prom the Cincinnati Enquirer.

II was announced in the colum of the ENQUIRER
on last Sunday that Justice Miller, trying in St.
Louis the cases of the Adams and southern Express
Companies against various railroads, had prepared
an opinion which was favorable to the Express
Saturday, not filed with the Clerk of the Court
until yesterday the substance Of which is given IN
The following special:
Special dispatch to the Enquirer.
ST. LOUIS, February 23.-In the United States Cir
cult Court to-day Judge Treat announced and read
a decree rendered by Judge McCrary In Chambers
in the OF the Southern Express Company
against the st. Louis, Iron Mountain ard Southern
Railroad Company, tried here few days ago before
Justice Miller and Judge McCrary. The latter also
transmitted with this decree the opinion OF Justice
Miller on which it was based; and on which SINH
lar DEGREES Will be made In other similar cases.
Judge McCrary orders that the Injunction here
tofore granted shall remain in full force until
otherwise ordered by the Court. Counsel will
be heard in the future as to the form Of decree
70 be entered following the opinion. 1t will be
remembered that for convenience the South
ern Express CompanyS cases consolidated
with the others, SO that this decision affects not
only the Iron Mountain, but the Memphis and Lit
and Texas, the suit of the Adams Express Company,
the Atchison, Topeka and Santa Fe Company, and
the Denver and Rio Grande Company.
Justice Miller concludes that the express business
Is q branch OF the carrying trade, sufficiently
known and recognized as to require the Court 10
take notice of 1t distinct from the transportation
OF the large mass of freight usually carried on
steamboats, and railroads. Small and valuable
packages are carried rapidly by it, and to deny the
right of agent in control of them while being car
ried is destructive Of the business rights of
transportation. The Court thinks that when ex-
press matter is conhded to the care Of an agent
the Railroad Company is no longer liable a
carrier in all obligations but when loss or In
jury occurs the liability depends upon the exercise
of due care. skill and diligence on the Company's
part.
There does not exist the right of the Railroad
Company to open and inspect all packages 50 car
rfed, especially when they have been sealed up by
the owners or the Express Company. Justice Mil
Ter Of the opinion thatt is the duty every Rail-
road Company to provide such conveyance, by
special otherwise, attached their freight
passenger trains, as Is required for safe and proper
transportation of express matter and the euse of
these facilities should be extended equal terms
to all who are actually and usually engaged in the
express business.
If the number should become oppressive, other
considerations might prevail but until such state
OF facts is actually shown the express matter and
persons in charge OF should be carried fair
reasonable rates, and where the parties can not
agree upon that It is question for the Courts de-
eide. Justice Miller further says THAT Court of
equity has the authority to compel Railroad Com
pantes to carry express matter and to make orders
and DEGREES for enforcement to that end He doubts
the right of the Court fix In advance, but
has no doubt that the Court compel the pay
ment Of reasonable compensation, to be ascertained
after such service.
practical denial of justice, the Court thinks,
would be to permite Railroad Company to fix rate,
and to insist upon Its payment in ADVANCE or al
the end Of every journey. The holds that the
rates heretofore existing are reasonable and just
prima facie; hat the Companies must confo1 M as
the business progresses, with the right to either
party to keep and present an account of the bust
ness to the Court at stated Intervals and claim
either addition to rebate from the amount paid.
To secure the Railroad Companies in any sum due
them, bond from the Express Company may be re-
has been in existence 1t Is competent for Court
to devise some mode of compensation, to be paid
the business progresses, with like power Of final
vision on evidence, reference, &C
Justice Miller thinks that neither the statutes
nor the Constitution Of Arkansas Missouri were
Intended to affect the right asserted in these cases.
nor do they present any obstacle to such DEGREES
may enforce the rights of the Express Companies.
Judge Treat stated from the Bench that his
opinion would certainly have dissented from that
of Judge Miller. Although he listened, he did not
Sit In the case He thought that courts had right
to regulate business matters of tn IS character be-
tween corporations and he was opposed to the the
ory of the law which constitutes Court master of
transportation This is big victory for the Express
Companfes, and the railroads will have to carry
their freight at reasonable rates ard afford them
all facilities for the carrying Of their business.
~
THE DELUsIoN OF Low PRICEs-There is
nothing so foolish as the habit of Selling upon
the prices Ola few articles in foreign country
and insisting upon comparing them with
prices in this country. Take the world over,
and it will be found that where prices as
general thing are lowest the people are poor
est and least enlightened. The people who
clothe themselves in breech clout and grass
mat. and live on wild fruits and insects, are
blessed with low prices, but we do not think
they are to be enyied on that account. There
is no country in the world where the working
classes buy SO much as do the men and wO-
men who labor in this country, and at the
same time, there are none so well off, none
who are laying up so much money, all of
which proves that the mere fact of paying
higher prices for few articles than the same
articles can be bought for in some other coun-
try, and under entirely different circumstances
is no hardship to be fought against and no
ground for changing our system of political
economy under which, it will not be denied, |
the people and the country at large have so
wonderfully thriven - Western Manufacturer