430 fedebaij reportes. �agents or messengers. The Pacific Express Company en- gages to pay for any excess of weight one and one-half of the local first-claes freight rates between the points carried, as par the freight tariff of said railroad in use at the time ; and, in case of any deficiency in the through freight on any day, the Pacific Express Company is allowed to add enough way freight, figured at one and one-half the local (railroad) freight rates, to make up the deficiency." ■ �The Texas & Pacific Railway Company, in its contract with the Pacifie Express Company, permits said Pacific Express Company to do a general express business over ail the Unes of said Texas & Pacific Eailway Company 's road, as now com- pleted, or as may hereafter be built, owned, or controUed; and, besides other things not necessary to mention, agrees to fumish said Pacific Express Company suffioient space in its baggage or express cars, on ail passenger trains, for the trans- portation of goods, merchandise, safes, and messengers of said Pacific Express Company ; and the Pacific Express Com- pany agrees to pay one-half first-class passenger fare for the transportation of the messengers and the messengers' safes, and the following rates for the transportation of merchandise, packages, and other express matter; namely, for distances under 15 miles, 30 cents per cwt. ; graduating rates for the different distances up to over 450 and less than 500 miles, which last are charged at $1.90 per cwt.; "it being under- stood and agreed that the payments for such transportation of merchandise, exclusive of messengers' fare, are to be not less than $150 per day, without regard to the amount trans- ported, for each and every day a passenger train is run for the lines as now completed,^ — the fixed amount to be paid as the Unes of said railway companies are extended, to be agreed upon from time tO time by the parties to this agreement." �It clearly appears from defendants' afiBdavits, as presenjed and discussed by defendants' counsel, that, by being willing and offering to furnish plaintiff and other express companies the same facilities on equal terms withthe Pacific Express Company, said defendants' railroads embrace, in the terms tney thus profess to offer, the payment, by any express com- ��� �
