Natchitoches populist. [volume] (Natchitoches, La.) 1898-1899, 1899-01-20
IN FAVOR OF EXPRESS COMPANIES
decisions Rendered Up to tho Present in
the Suits Over War Revenue Stamps.

| Ooieu y 10 the present IL
'ne suits Over War Revenue Stamps.
! an denying the motion of the Merchants
ASSOCIATION OF New York in its casa against
Sne Aualhs Express Company for prelimi-
nary Injunction in the suit brought to com
re,, tue OK press companies TO pay for express
IIeSVrnue Stamps on receipts, the Judge OF the
Ealted states circuit court for the Southern
Z district of New York said: '''N ~" 'ii0A L
obart WIN che proposition that as be.
tween ina yidual citizens, whether they be
nasural individuals or corporations, common
I'LL OF what not originally there is the
5ignt 70 agree as to who shDuId hear the hur.
ira OF she service rendered and OF all the
nnm.Ic leh or the rendition of that service
nas common carrier Is subject TO regula-
Ky congress as TO limitations upon his
9iviSroe 70 make such agreement with the in
sjtio rud ho caelen IS not disputed. The propo-
T.; iSt ~ however, is-hls congress prohibited
n ~ sIis particular case the carrier from re.
Turing si.g che shipper to Iay the Increased ex-
tsa 9i performing the act Of transporta-
c aJh Wnlcn the purchase, afflixing and cam
S; Ha''p IN OF CHS stamp imposes upon the car
act mat can find, laying the bnriepi Of that
pronloition upoa the carrier, aud innsmuch
As restrictions of the right to cuntraot
WIG wl.icn is righto a great deal Df import
ange ana value to the citizen whe, her he be
sna ilrius'aual or corporation, should not be
l9uho 70 exist unless the cas- is abundantIv
clear. lam induced in the absence, of ex-
PRESS language, to reach the conclusion. unon
Cnls mere cursory hearing of the oral argu-
.nenS ana without the careful analysis and
examination of the cases which TniSbt' ner-
maps, lead me to different conclusionHs'I am
constrained, say, to reach the conclusion
snat 5ne act has not prohibited thu narriar
= rom requiring the party rendering the goods
~ ~ pay 20 gne carrier the increased cost which
S one acS OF congress has made the particular |
acI OF transportation cost of The carrier
snail therefore deny the motion for a r,relimi-
nary Injunction !" - S-AA'Ai-
similar decision was rendered in the no so |
9 y tne United States against the S01thern
: SApresS ompany, decided in the United I
t,;at ;. pstrict Court for the Western dis-
~ sLicp OF North Carolina, October 81, 1893 In |
sn ~ Ease t1e action WIS brought By certain |
nsn Shippers for a supposed violation Of fha
Mar revenue act on tho ground that The ex-
PISS company had require them To pay for
sa; ~ e.,S s stamp to be affixed TO each re
Is az "aSn issued as aconditon of accepting
T,Delr soqas Ter transportation. United States
,ange Eurnell dismissed the complaint
Y lo!!ullg tnat while the war revenue aot re,
iu .1s Chat the tax should be paid IL q id NOT
10y. +. ~ VINO should make the payment. but
~ 9usstloh 10 Do settled between the
= PRESS companies and the shipper.
a sueclsion to the same effect has inst baan
= s S.t "a the District Court Of the United
, =! ior the Southern district Of CsI,for-
"a IN Gne case OF tue United States arainst
z ,t eiis Fargo & Co.'s Express. Ths e corN
aalaant rendered package to ths e5,pr y1
eo %, and insisted that IL should aceenf
81. n raca;,t hsi portAuon and issue there
ttachrd And IL s,n ~ = i,ceng revenue stamp
any $1,000 ~ ~ .uoettea. Inc express COM
hinnar ,vnnia ~ issue tue receipt unless the
roI..ht to s,.,gia ay Lla stamp, and suit was
he nsnaitv ~ SSS I'M sne eApgesa company to
Ve GoE.n Su hsYSiSs0 y vac wac reyt'