Page:Federal Reporter, 1st Series, Volume 4.djvu/497

 BODTHEBN EXPBESS CO. V. L. & N. R. 00. 483 �One belongs to the f ailroad operating the lines, the other does not. Have they equality of position and impartial terms? I think not. Let us see. �October 6, 1880, an officer of the. raiiroad, denominated the general superintendent of the express department, issued this order: �"To Messengers: Commencîng with Monday, October 11, and until otherwise instructed by me, you will take a correct account of ail matter carried by the Southern Express Company over the Selma Branch, Owensboro Branch, and the Mobile & New Orleans Raiiroad; this tally to include the contents of their safes and chests. If the Southern Express Company's messengers decline to give you a memorandum of the con- tents of their safes and chests, you must so note on the bottom of the tally sheet. We do not care for the name of the con- signee of either money or freight. Ail we want is the articles, weight, or value, as the case may be." �Beeause the agents of the Southern Express Company refused to allow an inspecuion of the safes and chests, or to render a list of the contents, some of the agents of the defend- ant removed the packages from the train, or refused to carry them on the road. Thereupon this order was issued, dated October 12, 1880: �"We must not refuse safes or closed chests beeause the Southern Express Company refuses to allow us to inspect the contents, or to give us a list of contents; but each article offered to be carried is to be tallied by weight. But if several articles are enclosed in one closed chest or package, we must take them as one article. If they refuse to taUy by weight, then refuse to carry the freight." �The superintendent of the express department of defendant says that "agents of the defendant were directed to ask the value of the contents of safes and weight of chests, and to place a value on safes if the agents of the plaintifif refuse to give the value." ^ . �Under these orders anà regulations the agents of the express department of the defendant, as such, were directed ����