Page:Federal Reporter, 1st Series, Volume 6.djvu/438

 426 FEDERAL REPORTER. �is one where the court must intervene to prevent a multi- plicity of suits. Cummings y. Nat. Bank, 101 U. S. 157; Nat. Alhany Ex. Bank v. Hills, 5 Fed. Rep. 248. �The defendant insista that the complainant should resort to a certiorari for redress, under chapter 269 of the Laws of New York of 1880. If the assessment here were bne against the bank, that act would afFord a convenient remedy, and it might be urged that the complainant has an adequate remedy at law. But as the assessment is not against the bank, I cannot see how the act applies to the present case. �Au injunctiou is granted. ���Texas Express Co. », Texas & Pacifio Et. Co, �Texas Express Co. v. International & Great ^outhers �E. Co. �(Oireuit •Court, N.B. Texas. Marcli 22, 1881.) �l. KaILBOADS— EXPHESS COMPANIBS— DlSCKIMINATION— CONTKACT. �A contract to furnish daily such an excessive and unnecessary amount of space, in the cara of a railroad company, for the transpor- tation of the express matter of any one person or corporation, as will disable such railroad from serving others equally entitled to be served in the same mauner, is illegal and void. �i. Bamb— Samb — Same— Same. �Such a contract must be so framed aa to adjust the rate of compen- sation to the number of persons and quantity (and perhaps quality) of matter transportcd, and to the length of the haul, and so as not to discriminate in favor of one or more companies or perspns doing an express business against another or others engaged in a similar busi- neaa. �i. Rhasonable Maximum Rates — Express Matteb — Tex. Rev. St. AKT8. 4256, 4257. �Articles 4256 and 4257 of the Texas Revised Statutes, " establish- ing reasonable maximum rates of charges for the transportation of passengers and freight on raiiroads," provide, inter alia, as follows: �"Art. 4256. No railroad company shall demand or receive for trans- porting a passenger over its Une of road esceeding flve cents for each mile or fraction of a mile itmay transport such passenger." * * * �"Art. 4257. Railroad companies may charge and receive not exceed- ��� �