Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1888-01-13
CONGRESS- MAY DECIDE.
Commissioners in Doubt About
the Status Of Independent
Express Companies.
Organizations Run as Adjuncts of
Railways Subject to the
Commerce Law.
Washington special. ]

Ihe formal decision of the 1nters- State
Commerce Commission upon the question
whether the express companies are subject
To the provisions of the act to regulate
Commission, after describing the different
organizations doing express business, says
there is nothing in the nature of the BUSH
ness which prevents its being carried on
ny an ordinary partnership or even by an
Individual, provided the necessary con-
tracts can be made with the transportation
lines. The most usual contract is one
which pays to the railroad company 40 per
cent of the gross receipts of the express
company, but various other methods Of
settlement are employed. The fact that
express companies perform many other
services besides transporting property,
such as the collection of debts, ETC., is not
regarded as a reason why the act Should
not be treated as applying to their BUSH
ness as common carriers, since many rail-
roads also have other business besides that
of transportation.
The various sections Of the act, consid-
cred with relation to the express business,
ara found to be in theory as applicable
thereto rs to the business of railroads. In
fact the express companies claim that they
already abide by the rules established in
the act. The requiring of annual reports
from express companies is said to be a
matter COL corning which the public have a
right to be informed, and Congress may
particularly desire knowledge. At present
little is known about the amount Of their
capital stock, their funded debt, or the +,
money invested in their plant or business,
the volume of their business, with the ex-
pense thereof, the rates charged, and the
methods upon which the rates are con-
structed. The capitalization of some Of
ia tn ho ia
amounting to many millions of dollars.
The difficulty of framing schedules for
the information of the public is not found
to. be greater than in the case of railroad
companies which have complied with the
act. Three express companies have SO
complied, and their schedules have been
placed on file. The agents of all express
companies are necessarily instructed as to
the charges to be made, and the public is
. equally intelligent.
Tie bringing of express companies with
in Il e provisions of the act is found to be.
practicable, and on some accounts desira-
bic. The express companies, which are
simply branches of railroad, organized
and operated through its ordinary staff, or,
by an independent bureau, or by a combi-
nation with other railroad companies, are
! found to be covered by the provisions Of
the act. In the case of the Independently
organized express companies, however,,
operating under contracts, the Ian
suage of the act, as it now stands,
is found to be SO framed as not,
to bring them distinctly within its provis-
ions. The words wholly by railroad" in
the first section do not we'll define the
business of express companies which use
very largely the services of teams. messen-.
gers. stage coaches, and steamboats,. The
pooling section applies to the pooling of
the business of railroads; other sections
speak of railroads continually, and Of de-
pots and stations, the language not being
| applicable 10 the business of express COM
panies. except unden somewhat strained
construction. The express business was
we'll known at the time of the passage Of
the at, and has been frequently mentioned
by naming congressional statutes. The
omission to name it here is significant.
The preliminary investigation by the inter-
state commerce committee of the senate
did not include tine business of express
companies, and was confined almost
wholly to that of railroad companies
Upon all these considerations the COM
mission has thought best to refer the sub
iect to congress, as in any case of doubtful
jurisdiction it is far better that the legisla.
tive body should resolve the doubt.