The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-07-20
UPSTATE p. s. C. DECISION.
Railroads Have Power to Restrict Baggage
Agencies Within Its stations.

ALBANY. July le.-The upstate Public
Service Commission has just rendered q
decision that railroad companies have au-
thority to restrict the baggage agencies
within it's stations or Upon the station
grounds to n or more persons or com
paniee Of its own selection. but in 30 doing
1t must see to 1t that arriving train pas
sengers shall be met by such agentior agents
and that the baggage is delivered generally
with promptness and for a reasonable
charge. II the carriers practices in rela-
ton to this service disregard the reasonable
and proper requirements Of the public the
provisions OF the regulating statute provide
a remedy and the commission will take
cognizance OF complaints as to inadequate
service, reasonable rates, &c.
The question was brought up in q COM
plant made by J. b. Troy and F.. G Everts,
truckmen at Ithaca, against the Lehigh
Valley Railroad, who charged that the
company had excluded them from doing
business at the station md gave an ex-
elusive privilege to the Cornell Transfer
Company.
The commission dismisses the complaint.
holding that the petitioners are not en-
titled to relief as competing baggage ex-
~ put III c VI wv cNtuCICc us
to insuficiency Of service in respect Of
incoming baggage, both as to the meeting
Of trains and prompt baggage delivery.
the case should not be closed but should
be continued as an investigation by the
commission upon its own motion, and
further hearings should be had at which
passengers having direct interest in this
service, including residents Of Ithaca and
others using the trains of defendant, may
he haa rd and in stlph prnppp1ipU fha pttaa-
ton whether the transfer company Ia q
proper respondent can be determined
In the opinion. written by COMMISSIONS
Martin S. Decker. it 10 held:
Section 30 of the Public Service Commits
sions law. which prohibits any common
carrier from giving any undue or unreason-
able preference or advantage to any person
or corporation. or TO any locality or descrip-
ton OF traffic in any respect whatsoever,
was Intended to prohibit undue preference
as between patrons Of the carrier or their
traffc or places the carrier serves. and IL
does not apply In the case Of an individual
baggage expressman complaining In hs own
interest OF preference In the use Of the rail-
road station for the purpose of soliciting
business when. as in this case. the person or
ompany so preferred II operating under
a contract with the railroad company 10 render
public service connected In distinct ways
with the railroad service and under which
contract the railroad company may derive
legitimate profit or advantage.
The Public Service Commissions law con-
tains no provision requiring a railroad COM
pany to throw open Its stations or cars to all
persons who may desire to solicit from pas
sengers the handling OF their baggage from
any station 10 their residences or hotels. or
prohibiting the making by a carrier OF a con"
tract with a particular ompany or person
under which the latter Is given the exclusive
right to solicit at stations or In cars the bag
rage patronage Of incoming passengers.
as we'll as to perform other duties. a. agent
Of the carrier, In the through checking from
residences and hotels Of outgoing baggage
and the transfer Of such baggage to the car
rier's station or baggage cars.
II the carriers practices In reiation to this
servi c disregard the reasonable and proper
requirements OF the public the provisions OF
the regulating statute provide O remedy.