The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-04


reaching the subject In go far as freight
rates are concerned
1t is in no wise necessary or incident to
the power to prevent unjust discrimlna-
tons by railroad companies against COM
presses that the right of shipper to. in
person or by agent. select his cofspress
and pay for his own COMPRISING In tran
sit. should he denied him, and that tho
rates of compressing should be fixed and
incorporated as a part of his freight
rate, or that railroad companies should
be compelled against their will to accept
pay for comprcssing and undertake TO
have such service performed. to obtain
security for proper conpressing. and pay
for it while the cotton ~ in transit. Nor
does the fact that the plaintiff railroad
company has voluntarily undertaken this
service for shippers for n long while just'-
~ the commission in enforcing such n
practice upon them when they see proper
TO object TO continuing to do that which
is not "A duty and is outside of their cot
iorate business. \ similar question was
decided by the supreme court of Rhode
Island. where II was held that the fact
that II railroad company for many wears
had paid the charge for hpullng freight
frosr wharvcS to its station docs not
bind IL to continue that practice. iroN-
idence Coal company rs. Providence ana
Western Railroad company. % American
and English railroad cases A.
Railroad corporations frequently voun-
tar'ly undertake the performance or cost
of services. the performance of when
arc not part OF their duties as common
carriers under their charters. l'nis they
do TO meet competition or for other rea-
sons, and they might be prevented Ivy
proceeding by proper parties, from cnGag-
ing In business which IS outside OF their
corporate powers. But certainly they
can not he compelled hy the commission
which hng N ~,
porate duties, to perform services which
they are not authorized by their charters
to engage In.
AS to Discrimination in patronage of COM
presses which would result from other
reasons than the rates of fretght aud
railroad facilities to the various COM
presses the commission has 10 concern
ff"duaers of cotton and shippers Of cot
ton have the right to select what com
presses they will patronizo lust as retail
| merchants nave the right TO select tho
city and the wholesale houses with which
they VIII deal. And II congresses Mt ono
place will compress for less rate Than
others or do their work better at the
same rate or take better care of cotton
while in their ch"rge or ara more favor
ably situated for tho convenience of n
shipper than others or for other reasons
'hah abuses in freight rates or railroad
facilities one compress is patroniyed ex
tenslNeiy and another is neglected there
is no legal right in the commission 10 in
terfere. And what a producer or simmer
may no IN person lie may do by agent I'M
less the agent Is forbidden hv, LAW. e. ,,.
has no power to deal with mira viros 49,
of railroad corporations There 10 No ia,,
or public policy which has vc, hor,, mo
mulgated which would iusitfv :, fo,..o1
equalization of patronage hy customers ot
any Kind of esta blishments, whether mucn
or httie money has been invested in them.
Persons who invest money have n right "a
an equal chance with others sip,iI,ri,, ct,
uated to attract patronage I'm so far ~,
railroad companies can affect the suhtart
by the rates and facilities of tro,snnyt,
tion, but beyond this they must rnlv ,,nor
their natural advantages or unon nro
ducing the favorable ,otnnati,i,,a ,v
tons which win draw c,lsto,nars -, 80, ,s.
and not upon laws or povernmor,'i
agencies to protect invested c,,,,,n, -,
forced canal d,.,rihnJ,,, ~ ,,u ,"''.'"' "y
voluntary selection of comm, ssas To-. ,ho
slippers by railroad companies ,ytt,c',,
compensation, If shippers sec nrnncr ~
this regard. is a uucstiop of na,ra,' 'u
customers through their agents anI t. ~,
in itself Discrimination in tbe ,,,ar '' wy
freight over which rho romna,s,ian wv
Jurisdiction. mas
The next reason nI,aYo1 Il, 1.c,,,,,
answer IN s,nport of tho ,t,,. ts
are necessary TO nrcvant o,,,,, oa'.it ,''',.
cotton in mo {rte,ia,. ~ N"hscStloh OF
small space for transportat,on ,s,, 30, % a., ~
apparent that the conm,s,tn,, ~ ~ ~
charged with the dun, ~ ,' ~ NOT
Laws In transpo,tatto, nu ~ ,nvuuis &c
by the lerislature doai u,,.t NV PISSED
by reauirinp railroad '.,,, 49, that snpJect
sufficient oars 70 r,,,, ~, NC 20 iufnSi
them and bv suhiect,nr az ~, o.b"t onered
IN, r.i,mro, D'ee''ig. them to penalties |
commission had nor,a, ", ''ieiinoie' IL 'he
PRESSING, of cotton IT, :" lvq"iie tohi-
transformation this ,,9,,i ~ Ne'l ueiaSS III
pollinc shinnors an, "u,1 no. inStiiy com
road comnanies 20 p,u"uco's 10 pay raul
biIitv rho n,,r,,e1.o 'su,e this RESPONSE
comnlished NJ, .ouiu De directly ac-
their cotto, ao".' .'lS snlppefs 10 nave
or IN cone,a,, ,hafn seu peiore Shipment
vonient nn,,7,,,o s', cotton 10 some CON
tberrsal,es IA ~. paS ior conprcssing 1t
'r' ''''' A'-i'UNtI II 10 The rdtl- |