Dodge City times., 1888-01-05
EXPRESS COMPANIES.

The Interstate CommIssion Gives IN
Opinion a. to Their Liability Under the
New Law.
WAsHINGroN, Dec. 29.-The formal de-
cision OF the Interstate Commerce Com
mission on the question whether the ex-
press companies are subject to the provis-
ions Of the act to regulate commerce was
announced yesterday. The names and Or
ganization Of the various express compa-
nies doing business in the United States
are gwen, some of them being corporate ons
under State charters, some joint stock
companies, differing little from partner
ships, scne being bureaus organized as a
branch OF the railroad service, and some
combinations OF several railroads for the
transaction Of the gross business OF their
lines. There is nothing in the nature Of
express business which prevents its being
carried on by an ordinary partnership or
even By an individual, provided the neces-
sary contracts can be obtained with trans
portatiou lines. The most usual con-
tract is one which pays to the rail-
road company 40 per cent. OF the
gross receipts Of the express company,
but various other methods Of settlement
are employed. The arguments urged by
express companies against their beng
treated as subject to the act are considered
in detail. The fact that they perform many
other services besides transportation OF
property-such as the collection OF debts,
etc.-is not regarded as reason why the
act should not be treated as applying to
their business as common carriers, since
many railroad companies also have other
business besides that of transportation.
The various sections of the act are con-
sidercd with relation to the express busi-
ness, and are bound to be IN theory as ap-
plicable thereto as to the business Of rail-
road companies. In fact, the express COM
panles claim that they already abide by the
rules established in the act The requiring
of annval reports from express COM
panies supposed to be matter concerning
which the public have a right to be in.
formed, and Congress may particularly
desire knowledge. At present, little is
known about the amount OF their capital
stock, their funded debt, or money invested
in their plant or business; the volume of
their business, with the expense thereof !;
the rates charged and the methods upon
which the rates are conducted. The capi-
taIization of some of the companies is
known to be quite large, amounting to
many million dollars in each case The
difficulty Of framing schedules for the in
formation of the public, is not found to be
greater than in the case Of railroad com
panies which have complied with the act.
The 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 the provisions Of the act is found to be
practicable and on some accounts desira-
BILE. The express companies which are
simply branches of railroad, organized
and operated through its ordinary staff, or
by an independent bureau, or by combi.
nation with other railroad companies, are
found TO be covered by the provisions of the
act. In the case of the independently or
gan!Zed express cumpan es, however, Oper-
ating under contracts for transportation,
the language of the act, as it now stands, is
found to be so framed as not to bring them
distinctly within its provisions. The words
''wholly by railroad'' in the first section do
not well define the business of express
companies which use very largely the
service Of teams, messengers, stage
coaches and steamboats,. The pooling
sectlon appneS 10 tne pOOllnS OF tne
business of railroads. Other sections
speak of railroads continually, and
of depots and stations, the language not
being applicable to the business of express
companies, except under somewhat strained
constructions. The express business was
we'll known at the time Of the pas sage Of
thelaw, and has been frequently men toned
by name in Congressional statutes. The
omission to name it here is significant.
The preliminary investigation by the Inter
State Commerce Commission of the Senate
did not include the business Of express
companies. and was confined almost who'll
ly to that OF railroad companies. Upon all
these considerations the Commission has
thought best to refer the subject to Con
gress, as in any case of doubtful jurisdic
ton it is far better that the Legislative
body should resolve the doubt.