Page:Federal Reporter, 1st Series, Volume 6.djvu/439

 TEXAS EXPRESS CO. V. TEXAS & PACIFIC ET. 00. 427 �ing the rate of 50 cents per hundred pounds per hurdred miles for the transportation of f reight over thelr roads, but the chargea foi* trans- portation on each class or kind of freight shall be unif orm, and no unjust discriminations in the rates or charges for the transportation of any freights shall be made against any person or place, on any rail- road in this state : * * * provided, that when the distance from the place of shipment to the point of destination of any freight is SO miles or less, a charge not exceeding 30 cents per hundred pounds may be made for the transportation thereof." �Held, that these statutory provisions were not intended to flx the reasonable maximum rates of charges for the transportation of the messengers and freight of express companies.— [Ed. �In Equity. �F. E. Whitfield and White e Plowman, for the express corn' pany. �J. A. Baker and Welborn, Leake a Henry, for the railroads. �McCoBMicK, D. J. The complainant in these bills, after setting ont its corporate existence, citizenship, and powers, and the customary and well-known usages of its business, and the nature bf the trade done by express companies and by the complainant company, and also setting eut the cor- porate existence, citizenship, powers, and duties of the de- fendant corporations, shows in substance that the complain- ant has for a number of years past, and up to the presentation of its bill, been doing business on the Unes of the defendants* railroads under contracts made and modi'fied from time to time by the respective parties, and that reeently hoth defend- ant corporations have given the complainant such notices (set out in the bill) as indicate a determination on the part of said defendants to terminate the contracts upon whicb complainant has been and is doing business on said lines; and plaintiff avers that in giving said notices said defendants had in view to lay a foundation for the ejection of eomplain- ant's express business from said railways, claiming and in- tending to assert the right in defendants to do the express business thereon themselves, or, excluding ail other express companies, make an exclusive contract with one only. �Complainant shows the estent and irreparable injury that would resuit to it from such action as the defendants' conduct is averred to threaten, and prays in substance and with ��� �