Page:Federal Reporter, 1st Series, Volume 6.djvu/441

 TEXAS EXPRESS CO. V. TEXAS & PACIPIO BT. 00. 429 �directing the defendants, after service, to show cause before me at Dallas, on the sixteenth of March, why the provisional injunction asked should not issue; and that, in the mean- time, the plaintiff should not be interrupted or discriminated against in its said business on the lines of said defendants' roads. �The issues bemg largely issues of law, and hardly aflfected appreciably by the slight diflferences in certain particulars of fact, both cases have been heard as one, neither of the defendants putting in an answer, as such, but submitting affidavits by the officers of the respective defendant railroads in the form of an answer, the officers of whom discovery was asked making full discovery as asked. The plaintifif bas also submitted affidavits of C. T. Campbell, superintendent of plaintili's business in Texas, in support of plaintiff's bill. �From the defendants' affidavits it appears that the defend- ants disclaim ail right to eject the plaintifif from the lines of their respective roads, and deny entertaining any intention to discrimmate against plaintiff. They exhibit fuUy con- tracts lately entered into by said roads resi)ectively with the Pacific Express Company, and each of defendants' railrbad companies testifies to its willingness to extend the same facilities and terms to the plaintifif, or any other express Com- pany, that their contract with the said Pacific Express Company engages them to extend to it. <' �From the contracta exhibited it appears that the Interna- tional & Great Northern Eailroad has engaged with the Pa- cific Express Company "to fumish said Pacifie Express Com- pany space in its baggage or express cars, to be hauled on passenger trains between Longview and San Antonio, for 4,500 pounds of through freight, each way, each day that a train is run; and between Palestine and Houston for 2,500 poupds of through freight, each way, each day that a train is run; and for one agent or messenger, who shall have charge of the express matter, and a safe for money and val- uable packages, — for which the Pacific Express Company engages to pay $150 for each and every day that a passenger train is run, and one-half first-class passenger fare for its ��� �