Marshall County independent. (Plymouth, Marshall County, Ind.) 1894-1895, 1895-09-06
HELPS THE SEABCERO.
Decision by the Supreme Court of
Georgia Favors This Famous Line.

Georgia FavOrS This Famous Line.
In the suit of the Seaboard Air Line
Railroad against the Western and At
lantc and the Nashville, Chattanooga and
ST. Louis railroads. decision was hand
ed down in the Supreme Court of Georgia
ut Atlanta which is decidedly in favor of
the Seaboard Air Line, and gives this
noted litigation Il new turn. This litiga-
ton was caused by the boycott which the
Southern Railway and Steamship Asso-
citation declared against the Seaboard Air
Line, causing all the associated roads 10
refuse TO allow the Seaboard prorating
privileges on through shipments. There
had been CONTRACT made between the
Seaboard and the Western and Atlantic
and Nashville, Chattanooga and ST. Louis
railroads which guaranteed the Seaboard
as advantageous rates us they should give
to other connecting lines. The Seaboard
therefore brought suit gainst those roads
To enjoin them from entering the boycott
ordered by the Southern Railway and
Steamship Association.
The injunction was temporarily grant
ed, but subsequently Judge Lumphin
ruled that the Western and Atlantic and
the Nashville, Chattanooga and St. Louis
had a perfect right to enter the boycott
in SO far as through business was CON
cerned, but on local business originating
on the Western and Atlantic or destined
TO points on the road the defendants
could not refuse To grant all concessions
to the Seaboard allowed the other con-
Meeting lines. The case was appealed 10y
the Scaboard Air Line to the Supreme
Court and the latter filed IT'S opinion last
Saturday. The decision IN brief i, as fol-
lows:
Where. upon Il valuable consideration.
4 railway company contracted with a
railroad company to Interchange bus-
ness. both through and local with the
latter and its connecting lines for Il speci-
fed term of years upon terms as favor
able and ;:dvanta sc Gus to said road and its
connecting lines as those given TO any
other railroad entering designated city.
the railway company was bound by the
terms of this contract, not only as 10
freight shipped from or to points upon
its own line, but also as to freights de-
stined to or coming from points beyond
the same: and. therefore. could not. SO
long as ii pursued Il different and more
favorable course us to other railroads en-
terlnS the city IN question:. lawfully DO
anything to deprive the railroad company
with which it had contra ctcd. and it's con
nectionS, Of the benefits of through rates
and through proportions of rates and bills
of lading founded thcrcupon' as to
freights of the latter class.
Under this contract therefore. it was
not, in view of the facts as found by the
trial judge, lawful for the railway com
pany, during the period therein stipulated
to voluntarily enter into contracts or
maintain business relations with trans
portation companies beyond it's own line.
with the intention or purpose of dcpriving
the other party 20 the contract the rail
road company of the benefits above in
Dictated; nor, with such intention or pur-
pose to refuse to receive from such trans
portation companies shipments of freight
routed over the railroad company's line
upon bills of lading giving to it the benefit
of through rates and through proportion
of rates upon such shipments