New-York tribune., 1908-02-24
ORDER FOR EXPRESS cos.
First Ruling of Public Ser1ice Com
mission 4fecting Them.

Albany Feb. 23-The Public Service Commission
81 District, has just rendered important decision
ruling that express company must not decline
to accept shipments because it cannot make de
livery except a connecting line at destination
This is the first ruling directly affecting express
companies.
4 complaint was made by Herendeen Mande-
Vile. attorneys at Eniira. that the United States
Express Company refused accept a shipment
destined 70 Delhi, for the reason that Delhi Is
served only by the Adams Express Company. The
C0mplainants offered TO prepay all the charges to
the United States Express Company that the ship
ment might go by the short route, but the COM
pany declined to receive it, and the cOmpainants
obliged forward by the Adams Express
Company AS a consequence the shipment instead
of going by the direct and short route, which would
have taken it by way of Binghamton and Sidney,
a distance of 135 miles, sent by way of the
Adams Express Company to Wilkes-Barre. PENN
then by trolley to Scranton. Penn. and thence by
the New York. Ontario Western Railroad 10
Delhi. a distance of 2Ss miles The complainants
that according the shorter route it could
have been delivered in nine hours whereas 1t took
forty-two hours After the complaint was made
the United States Express Company amended its
rule, under which the agent was required 10 de-
cline business of this nature, but made a provision
that if the shipper insisted forwarding 1t and
prepaid charges the company would accept the
shipment
The commission. in a decision written by Com
missioner Decker, holds that the amended rule is
satisfactory. is contradictory in terms. and N
practice is certain to have discriminating effect
$ between Slippers who insist transporta ton,
notwithstanding :he agents refusal. and shippers
who do Insist transportation, and says that
the right of shippers have and enjoy the priv-
leges of public transportation cannot lawfully be
| made to depend upon offer, denial ins1stence ana
acceptance, as above described The rule should
airmativey that this class of shipments will
be received and forwarded upon prepayment Of
charges
Commissioner Decker's opinion discusses the pow
and duties of express companies generally, as
fellows:
The transportation of express matter over
the railroad companies themselves finds sanction
only in the superiority of the service in the re,
delivery. and for such special and rapid service @
the justice OF rates reasGnaniS hIgngr man S
recognized This implies. however. 1hat sucl
forded. and the mere circumstance that one sx-
press company may have the only express office
more companies at the shipping, point does not not
express service between the shipping and IIe
destination points to the route of that particular
circuitous and much speedier service could be
rendered over a through route composed OF two
IS S .nd iont Igrdr rates have been
dnFobgn r4utes % ana -sroads 9Gn OVER hch two or
| more express companies operate but Sucli
been put in force by the express companies. The
express companies have apparently arranged
| their routings and rates with view to securing
for the company receiving the shipment the car
riage through destination whenever 1t also
has an office at the nation point, quite re
gardIess of shorter routes and the practIcabiI1ty
of more expeditions service over existing con-
Meeting railroad lines, If suitable arrangements
between the express companies operating over
| such railroads made on the otner hanC
the express companies freely make through
| routes and into joint rates less than the
1 sum of locals between numerous points. ana as
between themselves there can be no question OF
loss through the giving of credit to each other
in the collection and distribution OF through
charges To the extent that expeditions servGe
and fairly adjusted rates are denied through
present methods of the express companies ne"
ARRANGEMENTS and joint rates should be Voiun-
tarfIv provided by them and without great delay
The defendant express cornpanys rule IS held un-
lawful and leave given it TO prepare and sub
stftute new rule regulation for approval by
the commission before March 1, until which time
order IS withheld