Page:Federal Reporter, 1st Series, Volume 6.djvu/449

 TEXAS EXPBESS 00. V. TEXAS & PACIFIO BT. 00. 437 �the legislature, in the legislation already had upon the sub- ject of "establishing reasonable maximum rates of charges for the transportation of passengers and freight on railroads," to provide such maximum rates for the character of carriage claimed by the plaintiff. I therefore hold that there is no Texas statnte reaching and governing the subjeot of these rates. If it is practicable to define express matter with rea- sonable certainty, and to fix by law maximum rates for its carriage, it is most clearly not within the province of the judicial department ot the government to do this. When and how far it may become necessary or expedient to do so must be left to the legislature to determine and declare ; and until the legislature does so provide, the parties hereto, and ail others similarly circumstaneed, must be remitted to their right and power to contract in reference to the compensation for such service, subject to the limitations placed upon de- fendants by their duties as exclusive public carriers on pub- lic highways, that their terms for carrying shall be reason- able, and such as in volve no unjust discrimination; to be determined in each partioular caseby.tho agreement of the parties in interest, and in case pf their failing to agrec, to be determined by the proper court on full stateraent and proof; of the particular case. �In these cases a provisional injunction will be granted restraining the defendants as prayed in the bills, excepi as to the rate of compensation, and limiting that to such compen- sation as the parties may agree upon as being reasonable and not unjustly discriminating; or, in case of their failure to. agree, requiring the parties to make such further application to the court as they may be advised is necessary, to enable the court to fix what is and shall be reasonable compensation in reference to the particular matters about which they are 80 unable to agree. ��� �