Page:Federal Reporter, 1st Series, Volume 3.djvu/605

 598 FEDERAL REPORTER. �ville Eailroaà Company; that such combined express organ. ization occupies upon the defendant's line the same independ- ent position thereon as the Union Express Company was intended to occupy, and is as much an independent organ- ization as that company would have been, and is no more entitled to exclusive rights than it would have been ; that the defendant, finding that it could not, by its direct arbitrary act, exclude the Adams Express Company from its line, deter- mined to accomplish the same resuit indirectly, by the impo- sition of oppressive terms and conditions that should be in efFect prohibitory; that accordingly Mr. Veech, the president of the railway company, on the twenty-sixth day of June, 1880, addressed a letter to Mr. Gaither, the resident manager of the Adams Express Company, enclosing him a schedule of the defendant's local express charges between Louisville and Greencastle, as the charges that would be exacted of the Adams Company, and which would be put into effect on th& first day of July, 1880 ; also advising that, in addition to such charges, the messengers and other employes of the Adams Company passing over the line would be required to pay full passenger fares ; also that at Louisville and Greencastle, th& terminal stations of the road, the messengers of the defend- ant's express would be required to take an account of ail the freight and packages of the Adams Company, including money and valuables contained in its safes, before the same would be received for shipment, and that at intermediate points the freight should be received and an account taken of it on the train, and that the defendant proposed to allow the Adams Company, for gathering and delivering freight at stations along the line, a rebate of 10 per centum on the regular tariff rates; that on the thirtieth day of June, 1880, Mr. Gaither re- plied to this letter, saying that the terms proposed could not be aceepted by the Adams Express Company; that the rates set forth in the schedule of rates so sent to Mr. Gaither, and which are copied in the supplemental bill, are the same rates prescribed by the defendant to be chargea to its own express customers generally, including ail services and expenses inci- dent to the collection and personal delivery of parcels; that ����