The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-28

GULF COMPRESS CO. W. HARRlA
CORTNER q CO.
Biil for Mandatory fnjunction 70 re-
duce Rates. Decided June -.
1908. ReheariHg denied FeDry
5, 1s0s.---ls South 477.)
warshousefnen; public ware
houses; statute.--A domestic business
corporation. organised for private gain.
with power to engage IN genera
storage and compress business. does
not become a public services corpora
tion, because OF having taken Out
license as required by section STA. Ct
seq, Code 1907. At most only It's busi.
ness as q warehouseman 10 affected
with public interest.
3 Equity; jurisdiction. Unless
jurisdiction Is conferred by statute.
court OF equity Is without Jurisdiction
OF a cause. where plain and adequate
legal remedy exists; and whore a wrong
Gan be compensated by money. a court
Of equity will not assume Jurisdiction
because Of such adequate legal remedy.
whore the question 10 one OF damage
to Individual or property rights. the
damage must be In It's nature irrepar-
sble or incapable OF money measure
ment to warrant the assumption OF
jurisdiction by q court Of equity, un-
less coupled with some other indepen-
dent matter Of equitable cosnizance.
g. Samoa court OF equity Is with
out Jurisdiction to grant relief against
1 public warehouseman exactfng over
charges for storage. since an action for
money had and received gives conn
plete and adequate relief.
4. Same; multiplicity OF sufts.--One
engaged in the business Of buying and
selling cotton who pays overchafges
for the storage Of cotton in q public
warehouse. may recover In one action
all Of the overcharges paid for the
cotton season. or may maintain sew
eral actions at law therefor. no equity
Il without Jurisdiction to give relief ON
account OF preventing multiplicity OF
suits.
5. same.--Equlty has no jurisdiction
to fix schedule Of prices TO be
charged by public warshousennan for
receiving, storing and handling goods,
and In the absence OF any other ground
jurisdiction merely on the question OF
the reasonableness OF the rates.
9. Injunction; grounds OF relief: ir-
reparabie fntury--A dealer cannot In
woke equity to restrain the asking and
collecting Of overcharges on the theory
that he will suffer sirreparabie injury.
whena- such sovercharges ara too small
TO warrant the conclusion that the
Dealers business would be ruined
thereby. ana hence. the dealer was not
untitled to injunctive relief.
I. Contracts; interests OF third per-
Eon.--where the owner OF the compress
and warehouse leased the same to
corporation engaged In general
storage and compress business for q
term of years. and q schedule OF maxi
: mum charges was fixed In the lease, q
third person engaged in the business
Of buying. selling and shipping cotton
1t that point had no such interest In
The lease as would entitle him to en-
force the provisions fixing the
maximum charges. nor was he entitled
In equity to compel the corporation to
comply with such provision on the
ground that the contract was made for
his benefit.
8. Rates: fixing: legislative func-
tion.--It Is legislative and not g
Judicial function to prescribe rates for
public service corporation. or one at
facted with a public interest.
Appeal from Morgan Chancery Court
Heard before Hon. w. H simpson
Reversed and rendered. Opinion by
Dowdeli. j
Tyson. c. J., simpson. Anderson and
benson. u. concur.
Mcclellan, j.. dissents.
Z