Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-07-25

Last night at the Office of Squire Mon
Afghan, Jerman j. McMulltn, u ba1gage
expressman, was fined by that Justlcb IS
and costs for trespsssing on the property
of the p, W. & b. railroad, July -. The
case had been postponed from ThurBday
OF last week.
Detective William T. Jones stated that
according to the orders he had received
from the local officers OF the railroad
company, he had warned Mr.. Mem hllen
to keep off the company's property and
that he had afterw ards seen him ON the
property transacting business and receiv.
! ing checks for baggage. He fNrthel
stated that the Wilmington Transfer
Company alone had the consent oil tht
railroad company to solicit business on it
| premises.
Detective Harvey B. Vandegrift testi
| fled IN substance to The same as Detec
tive Jones. He rad also eeen Mr.. Nc.
Mu len solicit and transact business on
the company's property.
Mr.. McMu len had spoken to Hon. c.
D. Lore and had asked him to be present
and defend his case, but through some
Misunderstanding in regard to the time
Mr.. Lore was not present, when Mr. Nc
Mullen, In his own defence, stated that
he always stood upon the pavement and
called to people In the inside and asked
them ii they wanted their baggage
checked or removed. II they said yes,
he thought he had the right to go On the
property, get tho check and remove the
baggage, and ho did not think that this
WAS trespass.
Squire Monaghan said that according
to tIe law governing such cases Mr.. Nc
Mulltn's going on the c0mpany's property
| constituted trcspass. Hc then fined Mr..
| McMullen 90 and COSTS and held him IN
t100 bail to keep tho peAce aud remain
of the compahy's property for one year
Mr.. McMullen has Is days In which tt
appeal and take the case to highel
court.
Tie decision against Mr.. McMuller
equally affects all other hackmen an:
baggage express agents doing business
the depot.
The case is elicitlng much discussion
with strong bias against the railroa,
company and the Wilmington Transfe
Company, the latter having been giyel
the exclusive right to 90 upon the prop
erty of the railroad company to solici
orders.
The prevailing sentiment is tint TIL
railroad is for the accommodation of th
pub ic, and that person taking btggag
either TO or from tho depot has the righ
to employ who they please to carry thei
baggage and get it checked, and tina
they have the right to make bargain
upon tie company's property for til
transfer OF their gage.
Mr.. McMullen, however, is not denie,
the right to bring baggage and place 1t II
the baggage room aud to take it there
from, but he must not step inside til
posts of the depot shed to take au order
even though passenger may ask him l.
step inside and take their chs cks- Pas
sengers must step outside the inc +
hand him their checks.
There are others who say that even If i
Is unlawful for baggage agents, eXcep
those authorized, 1t is n poor return t
the city of Wilmington after the city ha
given the company the right to close u
Walnut and Poplar streets for their ow
benefit.
Mr.. McMullen was at the depot thi
morning soliciting orders as usual, but |
doing SO he stands outside OF the pre-
scribed lines.