Page:Federal Reporter, 1st Series, Volume 10.djvu/223

 BOUTHEBN EXPRESS CO. V. ST. L,, I. M. <fe 8. BT. 00. 211 �8. Samb— "Whbrb a Pbevious Akranqement Has Existed. �Courts may assume that rates of compensation which have existed between such companies are prima fade reasonable and just, and may require parties to conform to them as their business progresses, with the right on either side to keep and present an account of their business to the court at stated intervaJs, and claim an addition to or rebate from the amount so paid. �9. Same— Railkoad Companies Entitled to Securitt. �In such cases the railroad company may require a bond from the express Company in advance to secure the payment of any amount which may thereaf- ter be found to be due. �10. Same— Provisions of the Constitutions and. Statdtes of Missouri and Arkansas. �Statutory and constrtutional provisions establishing maximum rates for trans- portation of passengers and freight on railroads, and forbidding discrimination in charges pr fa«ilities in transportation between transportation companies and individuals, do not present any obstacles to the enforcement of the rights of express companies in the manuer above indicated. �In Equity. �In the case of the Southern Express Go. v. St. Louis, Iron Mountain e Southern Ry. Co. the plaintitf avers, in substance, that it is a corporation organized under the laws of Georgia, and has for a long time been engaged in doing an express business ; that prior to the elev- enth of May, 1880, it had been doing business as au express company, on the defendant's road, under a contract. which the defendant was at liberty torescind; that on the eleventh day of May, 1880, the defend- ant, through its president, notified the complainant by letter that after the twenty-sixth inst. it could not do business over defendant's road; that the plaintiff is lawfully entitled to demand and to receive the same facilities of transportation on said road as may be accorded by defendant to itself, and that it is entitled to deductions for acces- sorial service. �The bill concludes with the following prayers: �(1) That during the pendency of the suit the defendant may he restrained frominterfering with the facilities now enjoyedby the Southern Bxpress Com- pany, now accorded it; from interfei-ing with its messengers; from refusing to receive and transport, in the sarae manner as defendant is now doing, the express matter and messengers of the Southern Express Company, or inter- fering with its business or present relations with defendant in any manner whatever, so long as the express company is willing and ready to pay aecord- ing to all legal rates therefor. �(2) ihat if, during the pendency of the suit, any dispute should arise between the parties as to what is reasonable compensation for transportation, the complainant may be permittcd to bring the matter ber'ore the court for its decision. �(3) That defendant may be required to transport the express matter, safes ��� �