Page:Federal Reporter, 1st Series, Volume 3.djvu/603

 696 ; FBDERIlL REPOBTES. �Adams Express Company, would be considered null and void on and after April 20, 1880. The bill charges that the defendant had entered into a contract with the Union Express Company, whereby the latter Company waa to be granted the exclusive privilege of doing an express business over the defendant's road, and that it was the purpoae of the defend- ant, on and after the day last named, to exclude the Adams Express Company, its messengers, and agents from its line. The bill prayed, among other things, that the defendant might be enjoined from carrying this purpose into execution, and from making any discrimination, as to facilities or charges^ in favor of any other express carrier or person, against the Adams Express Company, and, pending final hearing, for an interlocutory restraining order. The original bill was filed on the fifteenth day of AprU, 1880. �On the nineteenth day of July, 1880, the complainant fîled an amendment and also a supplement to the bill. The amendment shows more particularly the agreement between the Adams Express Company and the railway company that ■was inexistence when the latter gave notice to the express company that allexisting arrangements between thôm should terminate on the twentieth day of April, as above stated. This agreement, which was in writing, though formai execu- tion of it by the parties was neglected or omitted, was ebtered into on the eleventh day of May, 1870, and bas ever since, until the time of the giving of the notice above nientioned, been regarded and acted upon by the parties as the contract subsisting between them. �By this agreement the railroad company contracted to fur- nish the express company sufficient space, in its baggage cars attached to its passenger trains, for the transaction by the express company of its business, and to grant to the express company the privilege of carrying a messenger, with a safe and 2,000 pounds of freight, each way, daily, between New Albany and Greenoastle, for which service the express company agreed to pay the railroad company $i}3per day; and for ail freight carried over the whole length of road between the above points, in excess of 2,000 pounds eaoh way, daily, ����