Page:Federal Reporter, 1st Series, Volume 2.djvu/478

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DINSMOEE V. L., 0. & Ii. ET. CO. 471 �nish motive power, and to receive, carry and deliver such freights as are appropriate to such a mode of transportation; but the legislatures granting them charters, with, perhaps, lew exceptions, never contemplated nor expected them to carry money, gold or silver bullion, bonds, bank notes, deeds and other valuable papers, jewels and other small articles of great value, fruits, fresh meats, fish or oysters, or other like ■commodities liable to rapid decay, or live animais requiring special care and attention during their transportation. Nor are railroad companies authorized by their charters to receive notes, drafts, or other choses in action for collection and Tetum of proceeds, nor to receive and forward freight "with the bills and charges of forwarders attached, to be coUected f rom the consignee on delivery and returncd to the shipper, and in connection with such business to afford to the public, under a single carrier and an assured responsibility, safe, reliable and speedy transportation from and to ail points accessible by the use of two or more railroads. Nor are rail- roads, under their charters, required to render such services. Much of the services rendered by express carriers, and appropriate to their peculiar functions, is not such as is by law imposed on railroads. If express carriers were ejected from the railroads the latter could not be compelled to supply their places, and, consequently, the country would be without euch facUities, unless the railroad companies -would exceed their corporate obligations and voluntarily undertake to do what they are not legally required to do, and to do many things which, under their charters, they have no right to do. As they are under no legal obligation to render such accom- modations to the public, and could not be compelled to render them, they could, after ejecting the express carriers, monopo- lize the business, and dictate oppressive rates, while affording less safety, celerity and convenience to customers. As a sub- Btitute for the expeditions, reliable and necessary services of expressmen, the country would be dependent upon an illegal asBumption of authority by railroads — an assumption, in some respects, in contravention of public policy, because it would enlarge their powers and influence for controUing the ����