Page:Federal Reporter, 1st Series, Volume 2.djvu/477

 470 TEDEBAL EEPOETEB. �further consideration is found to be more plausible than sub- stantial. As a common carrier the defendant is as much bound to carry for another common carrier as it is to carry for other persona. Tiie proposition, as it is stated, will not be controverted. Defendant cannot, and does not, deny its obligation to carry for the complainant. Its claim is that it is only bound to carry for the complainant when complainant, like other forwarders, delivers its freight into its care and custody to be handled, transported and delivered by it through its own agents and servants, and that complainant bas no legal right to demand and enforce the use of defendant 'a passenger trains for the purpose of carrying freight in the special keeping of its own employes, to be by them handled in transit, and delivered at way stations and other places of consignment, and to have provided therefor special accom- modations, such as have been heretofore supplied to it under special contraets. It is upon this point the contest is to turn. The issue is not, therefore, -whether the defendant is bound to carry for the complainant, but can it be compelled to carry in the manner and with the divided responsibility proposed, Herein lies the novelty and importance of the question. �No such question could have well arisen a half a century ago, because the methods of doing business and the facilities then provided for inland tra,nsportation were not such as to raise it. But we have made wonderful progress since that time in physical as well as mechanical development, and no instrumentality subject to man's service bas been more po- tential in bringing about the change than railroads. Trop- ical fruits, fish from the oceans and lakes, and oysters from the bays, are now, through the co-operative energies of rail- roads and express carriers, within the reach of almost every community. These facilities, making possible and suggest- ing never-ending changes in the methods of business, and gradually, but certamly, making changes in the habits and tastes of the masses of our people, have opened up the way for and called express transportation into use. The dutiea aud offices of railroads and express carriers are widely dif- ferent and totally distinct. The former was created to fur- ����