The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1909-09-18
ZPPESSC0NPITYN MOL GARRY G.O.D.IT


tormaiy takedS that the the
exoress eonpanyt6 larry and
deliver &C. o. I. pacK2Be66 liquors
would NOT be 96eld to BE nnreasonabie.
he Is chat matter only that I have now
TO decide.
n Is weld to notice the fact that the
express company does not decline to
receive, transport and deliver &C. o.
packages OF ordinary merchandise
but in e6ect comedies the right Of
shippers TO resort to that method Of
shipment under special arrangements
reasonable IN character, h insistence
befnethat IN view OF the unusual ste
uation shown to EXIST IN connectton
with the carriage and disposition cot
liquor shipments, tie company lsfcQm-
PEELED having due regard 10 fts duty
to che public. and to its stockholders,
to reF1se snch &c. o. d." shipments.
still receives. carries ana delivers
liquors OF an kinds when oRered un-
der It's regulations Applicable TO seh-
eraI shipments other than &C. @. D."
It Is clearly shown by the testl-
mony tina theexpense, dihfculti@ and
results attending the &c. o.p." LIQUOR
contracts are entirely different from
those connected with &C o. D." Ship
ments OF other kinds of trahhc. The
proofs onered on this subject justify
the claim made by III defendant thar
have resulted in undesirable con-
dittons. and in financial loss to the
company. Under u circumstances
at Wnoutd be unreasonable and fnequi-
table for the courts to compel the
company to perform such service, to
require 1t I o undertake to collect from
consignees OF Intoxicating liqtloF the
purchase price thereof.
1t may be conceded that complain
business Is legitIlnate. and that
the commodities In which he deals
the same status under h law as
have other commercial articles. but
In. this connection It Is well to recall
common carriers have the right
10 make and enforce reasonable regu-
fixing the manner in and by
they will receive and transport
the articles of commerce they under
AXE to carry. Presumably such reg
1latsons are proper and reasonable,
1t IS Incumbent on those vino
na&nbatn B5sthe eontEaFNtp5pt0ve their
sontehtton. In my 5Hdsnsnt 3 evil
offered by h complainant
ans to show that the regulations
complained of are unreasonable or
The complainant insists that It is
duty of the express company,
under the common as we'll as the stat
ftory law, &c receive and transport
III articles OF lawful commerce ten
to It FOR that purpose. In my
this tnsistence cannot be
sustained. as all such shipments Of
tered by the patrons of the company
subject to the reasonable and law
nj rules duly promulgated by It. The
complainant Is not Disseminated
against. as the rule applies to all en-
gagged In his business: o are the arr
ticles Of commerce peculiar to that
BUSINESS refused shipment, but the
manner of shipment Is regulated, and
&C. o. D." packages of liquor are de-
,lined. This refusal applies to all
shippers. and to all localities, not only
IN West Virginia, but in all the states
the United states Express Conn
pany Is engaged in business.
The defendant las shown by the
testimony of many INTELLIGENT wit
nesses. residing in this and other
states, men of great experience, who
nave been for years employed in the
discharge of duties connected with the
express business that. the &C. o. D."
4quor shipments tend to demorallze
he employees of h express COM
panIea, and to diminish their eficien-
cy; that as a result thereof the express
companies have been retarded in
their efforts to render prompt and
satisfactory service to h publics
the express companies have been
Frequently subjected to vexations and
expensive litigation. to prosecutions
by county and municipaI officials, and
to seizures OF property and searches
Of their places OF business by Officers
OF the law a of such shipments;
that such places of business to which
&c. o. d." packages of IIquor have
been consigned, were thereby made
for the public. n that
the patrons of the company on that
account have been inconVenienced and
prevented from ~transactlng their bus
mess with its agents; that such COM
have been compelled to secure
storage DON at consIdera-
Bile expense at various points, in order
to provIde for the care and protection
Of such packages, which are frequent
~ not called for by the consignees
promptly, and which are often re-
to tho consignor after having
been held for some time by the com.
panIes; and also that In certain local,
the business OF the company has.
II. - n