The Birmingham age-herald., 1908-03-03
POSTAL LOSES IN
 TERMINAL SUIT
RAILROAD COMMISSION DECIDES THAT WESTERN UNION SHALL HAVE EXCLUSIVE PRIVILEGES AT NEW TERMINAL STATION.

eSlerudy III MOHlSOlneTN. lle AidDdiid railroad commission reached verdict in matter that has long been of great interest to Birmingham people In the case of the Postal Telegraph company vs. the Birmingham Terminal company, the commission rendered it's decision in favor of the latter.
 As is known, the Postal was making an effort to locate branch office at the Terminal station and in doing so share the business there with the Western Union. The Western Union, naturally, was opposed to the participation of the Postal in the business at the Terminal station, and the Terminal company was opposed to being compelled to grant concession to the Postal.
 The matter has been before the railroad commission for some months. As a re- suit of the decision, the Western Union will continue to control the business al the Terminal station, and the Postal will in all probability give up it's suit.
 w. D. Nesbitt of Birmingham, mem- Der of the commission, returned from Montgomery last night. In discussing the decision he made the following state ment:
 If all the shipping and travelling pub lie, at terminals and on the trains Of the railroads, has the unobstructed and equal use of the privileges established in connection with the transportation duties of the railroads, and the service is reasonable, adequate and at reason able cost, the commission was of the mi hat bo Int ff afsaf- rier is fulfilled and the establishment Of such additional service is largely in the discretion of the common carrier. The arrangements for the establishment of such additional service is in the exercise of their right of ownership, and there is no duty devolving upon them because they have arranged for such service through one or more instrumentalities to arrange for similar service through any and all instrumentalities which may desire to furnish such service.
 Were the commission to lay down the rule that where the railroads made contract with individuals or corpor- ations for the establishment of telephone service, of telegraph service, of restau- rant service, of sleeping car service boot black, barber shops and news stands, cab service and other incidental serv- ices for the benefit of their patrons, that the railways were then compelled to make similar arrangements with all in- dividuals or corporations who might de- sire to install such service in connec- ton with the railways, the result would be- loss of rather than an increase ;,a he to the travelling and shipping public. They would naturally be very cautious about installing or undertaking to install any new service which they were not compelled by their public duty to per form. Since the result would inevit- ably be embarrassment to them and necessitate the expenditure of funds to furnish accommodations from time to time to all those individuals or corpora tions who might wish to gain profit from transacting business with the trav- cling or shipping public over the lines of or along the way of such railroads, the railroads would decline to install any service not absolutely necessary to trans portation.
 '"The commission was, therefore of the opinion that while the Birmingham Ter minal company has the right to allow the Postal Telegraph-Ca company to establish a commercial office at it's ter minal; and such office would be a con venience to the patrons of the Postal Telegraph-C Cable company, yet outside of any contract that it may have with the Postal Telegraph Cable company, it is not bound to furnish such space to the Postal Telegraph Cable company, and the commission was further of the opinion that tue commission has no right to make an order requiring the Birmingham Ter minal company to allot such space to the Postal Telegraph Gable company"