The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-09-25

mUC0 eIIOIt al I1l0uOd1 pAoy 118.
Liberal allowance on upright
pianos taken in exchange.
Catalogue free.
| MeL&AyZMvaey
successor Cable Pia.o Go.
Mad. 1856. 2l3 E. Broad.
| perpetually enjo!ned from granting
the defendant transfer company any
undue preference as to the checking
OF baggage from residence to destina-
,fon. whereby the travelling public Is
| fo-ced to employ the defendant trans
! fer company In order to enjoy tne
! privilege Of checking baggage FROM
| residence to destination.
4. That An order be enter.d promu-
eating tus. and reasonable rules a.
/ to the checking Of baggage from resi-
ience 10 d destination. and that the de-
| PENDANT carriers be required TO grant
the privilege Of checking from resi-
dence to destination to all reliable
baggage transfer agents who Will
fulfill the contracts and obey socn
rules as may be prescribed by the
commission.
! s. That the def sndant carriers be
perpetually enjoined from entering
! into any exclusive contract with
baggage transfer agency In tho city
| Of Richmond without making ample
provision as to reasonable rates ioI
the protection OF the public
Wanted Rates Fixed.
|
titioner desires this commission to nix
tn. rates for transferring baggage
through the streets Of Richmond. ana
| to enter an order annulling the exist
ling contract by virtue Of which the
Richmond Transfer Company has the
exclusive privilege Of soliciting bag
gage on the trains and boats and
ipremises Of the other defendant COM
panies. and Of delivering transporta-
| ton company checks for their baggage
| to prospective travellers at their resi-
dences.
No authority Is cited to sustain the
proposition that this commission has
jurisdiction to fix the rates OF baggage
transfer companies. The Constitution
has conferred authority upon the COM
mission to regulate the rates Of trans
portation and transmission companies.
but We have no such authority as to
any other class of corporations. Bag
| gage is usually transferred locally by
privats corporation or private
citizen. engaged in a private business.
using the streets and roads Of the
Commonwealth along with other citi-
zens, not authorized to exercise the
right of eminent domain, and with
out any special privileges not avail
able to the general public. Such
business is neithar the business OF
transportation or Transmission COM
pany nor Of a public service corpora
ton. The citizen or corporation con-
Quoting 1t. while only engaged in per-
forming contracts made solely with
travellers for the transfer of baggage
, between their residences and railway
stations. Is not charged with any pub
lie duty. Contracts with customers
for the transportation of baggage
through the public streets and roads
NAV be freely made without TeEula-
ton or supervision Of this commits
sion, unless such service is to be per-
| formed BY the baggage transfer COM
pany as the agent OF some transpor-
tation company as part Of some pub
| lie duty due from such transportation
company 70 the traveller When this
occurA - It certainly does when a
/.
gage Of persons travelling on through
railway tickets contracting for the
transfer Of such baggage from one
station to another in the same city.
then the rate 70 subject to ths control
1 Of this commission, because such q ser
vice ID Q transportation service due
by the transportation company to the
traveller BY virtue Of such through
ticket
| Other Instances may arise In which
/; q transfer company acts a. the agent
Of Q transportation company In aid Of
its public duty, and when IT does the
rates may be resulstsi by this COM
mission
| without AOth0rity.
In this case, however. we are asked
in general terms to regulate the rat -
of the Richmond Transfer Company,
and IL seems to u clear that ws are
without authority to do this under the
facts stated In the petition
! Then we are Furthermore asked g
enjoin and annui tie existing exclu-
! sfve contracts between the defendant
| transportation companies ana the
Richmond Transfer Company.
| We must decline TO do 30. however.
| because similar contracts have been
/ not only declared lawful. but in the
/ public interest desirable. by the Su-
! prems Court Of the United States, BY
the supreme Court CT Appeals OF vlr-
| gina BY the Georgia Supreme Court.
\ bv the Interstate Commerce Commits
4 zion ana by this commission
4 Donovan ". Pennsylvania Compeay.
I lss. 4. 8. 20 CSC L Ed 1882.
I Norfolk and Western Railway Con-
/ pany VI. Old Dominion Baggage Com
1 psay. -. virginia. III.
Gates ". Atlanta Baggage and Cab
l compauy and others (Ceorgia). -, q
r. r., 80.
| Cosby W. Richmond Transfer Com
pary and others. Is. Interstate COM
merce Commission Report 20.
4 ~~--~~~aa1Sh AZ The relaff00 G.