Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-12-27
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POST NTELLIGENCER.

p0ST NTELLIGENCM.
uusr vuRNssm E0rAl FACILITIES.
A very important decision vas fss-
a.-.d IN the United States Circuit Court
Il Portland BY Juies Deadly on Monday
last. ooucsrn,ng tue duties Of railroad
eo.aoan,ss toward express companies
Il arose under continuation Of the
eontsst which has been for some time
v.eed beswe Gu Wells, Fargo d Go. and
the Northern Pacific Express Company.
I, December, 1882, in An action De-
tveep Wells, Fargo d .. and the ole-
ron 4 California k.iiroA Company 'ne
latter was enjoine and required 70
fuyr;sh the former the express facilities
on and over It's iioes Of railway thai II
vas then and had been dong. ana upon
thu same terms" On the 10th Oh 'as'
month the railway company applied iof
/. modi6casios of the decree on the
oro,nd that Wells, Fargo d Co. were
v;olatins q contract which they had
With said railroad By delivering express
,u.tter At ioss than the regular charges
for freight over the line. Totbis Wells,
Fargo 4 Co. replied that in October
1s76 IL made q contract with the Ore
rou 4 California Railroad Company BY
which said company sgreed for the sum
Of $1,000 per mouth that said express
company might carry, In a car vet
anart for its use on esch passenger
train, 5000 pounds Of express matter
and freight, 70: which it Wa " charge
nm all lots Of less than i0O pounds not
lesa than dJubls first class railway
freiQhts, and for lots Of greater weight
not less than one and one-half such
Art class rates. Wells, Fargo d 20.
further answering say-and here is the
important point-that the Northern "a
ohio Express Company is corporation
largely owned and controlled by tho
same persons who control the Oregon q
California Railroad, and that for the
past three or four months the said sx-
press company hss been and IL afforded
on the said railway more and better
facilities at chssper rates" than itself,
and In permitted to carry freight and
sxprees matter at less than regular rail-
way rates, and threatens 70 carry such
matter for ton cents less per 100 pounds
than it w., F. Il Co.. may, under it,
sontraos, charge for the Same service.
Il was established on the hearing that
the Northern Pacific Express Gpmpsny
IL carrying between R0sesura, Oakland
and Eugene and Portland for at least
10 per oentum Iess than the rates speci-
ned In the contract Of Oc.ober, 1876.
and that Wells Fargo is carrying at az
low rates a. the other company and in
tends to do % "for the purpose Of pre-
serving its business and not otherwise. !"
The Oregon h California Railroad Com
pany claimed that the terms made with
both companies were identical, and then
vt up tho astonishing claim that IL tho
Northern Pacific Express Company il
delivering freight at less than the stipu-
lated rates, the railroad COMPANY, even
though aware of it, IL not responsible to
Wells, Fargo d Co.. but that il said
company il injured by the contract of
the Northera Pacific in this respect, 1t
must seek q remedy against that CON-
pany. "Of this doctrine Judge Deady
rightly says that "a Rrosser misoonoep-
ton Of the relations and rights Of these
parties could hardly have been express
Cd In 20 few words. These express CON-
panies are strangers 10 each other.
They are each dealing with the defend
ant 70. d O. h. +. Co.. aud their rela-
tions are with II and not ono another.
Whatever facilities or fsvors IL extends
or permits 10 one il must extend or por-
INIT 10 the other. Il 10, therefore, bound
to exercise reasonable diligence TO as
certain whether either Of them 10 violat-
Ing the contract or condition under or
on which il ID doing business on the
read 70 the prejudice Ut the other, =
and II ~ to take the proper measures
70 prevent \ continuance or repetition of
such conduct"
The justice Of the decision IL apparent
TO tho reader. II striw the web Of soph-
istry from attempted justification Of An
effort to attain By roundabout and I'M
derhand methods, = result which had
been forbidden BY the Court, to Wit:
discrimination By . railroad company
betwesn Two rival patrons who arc doing
business over It's line, and declares that
Il b the duty Of suoh railroad company
to enforce it, contracts With its patrons
and 80 that neither ID permitted u
violaAe them to the injury Of its rival.
II furthermore will serve 10 call attsn-
ton once moro 70 tho vicieusneas Of ths
systsm which permits several corpor-
atio0s doing Business With each other
to b owned or managed BY The same
parties, a. b the osss With 20 many cor
porats organizations in the Northwest.
OF this Judge Deadly says in this case,
/" that Il (the O. and O. Il. r. seems TO
have actsd upon the theory that Il could
svads tho induction By permitting q CON-
pany which 10 either in fact itself or its
closs ally in intsreat 10 carry for one
half the rates the plaintiff Nv. +. 4 Co. J
u required 10 charge, and thsrsbv de-
stroy the latter's business and drive Il
IL the road" "But," continues The
Jadgs, "ths law Il net 20 vain . thing
- this, and Il will look below the sar
face OF such subterfuge, and project
the plaintiff IN the right TO compete for
business over the rad within the limits
whtch the defendant allows or permits
49,