Page:Federal Reporter, 1st Series, Volume 10.djvu/882

870 FEDERAL REPORTBR. �tion of such messengers or agents as of the express matter in their custody and under their eontrol. �(6) That on and subsequent to the first day of April, 1878, the said de- fendant afEorded to the said plaintifE all the facilities needed by it for the conduct of its express business over the defendaat'3 Unes, and such as were specifically provided for in the contracts in the bill herein set forth; that thereafter the defendant notifled the plaintifl that such facilities would be withdrawn; and that it was the intention and purpose of the defendant to exclude the plaintiff's company frora its lines on and after the twenty-fifth day of May, 1880; that such intention and purpose were restrained by the preliminary injunetion order of the court, which said injunction order was afterwards modified, as appears in the record. �(7) That it is the duty of the defendant to afEord to the plaintifl all ex- press facilities, and to the same extent and upon the same trains that said defendant may accord to itself, or to any other company or corporation engaged in the conduct of an express business on the defendant's lines, and to afCord the same facilities to plaintifl on all its passenger trains. �(8) That the plaintifE keep and render monthly a true account of the serv- ices performed for it by defendant, and pay therefor at the rate hereinafter specified, on or before the flf teenth of each month after the date hereof , for the business of the month preeeding, and that the defendant has no right to require prepayment for said express facilities, or payment therefor at the end of every train, or in any other manner than as is herein provided ; and that plaintifl execute and deliver to the defendant a bond in the sum of one hun- dred and flfty thousand dollars, ($150,000,) conditioned well and faithfully to make such payments as are herein provided, and with surety to be approved by a judge of the court. �(9) That it is and was the duty of the said defendant to afford and to have aflorded such facilities to the plaintifl as herein specified for a just and rea- sonable compensation, �(10) Whereas, It is alleged by complainant that, since the commencement of this suit and the service of the preliminary order of injunction herein, the defendant has, in violation of said injunetion and of the rights of complain- ant, made unjust discriminations against complainant, and has charged complainant unjust and unreasonable rates for carrying express matter; there- fore, it is ordered that complainant have leave hereafter to apply for an inves- tigation of these and similar allegations, and for such order with respect thereto as the facts, when ascertained, may justify, and for the appointment of a master to take proof and report thereon. �(11) That the defendant, its officers, agents, servants and employes, and all persons acting under their authority, be, and they hereby are, permanently and perpetually enjoined and restrained from interfering with, or disturbing in any manner, the enjoyment by the plaintifl of the facilities provided for in this decree to be accorded to ifc by the said defendant upon its lines of rail- way, or such as have been heretofore accorded to it, for the transaction of the business of the plaintifl, and of the express business of the public confided to ils care, and from interfering with any of the express matter or messengers of the plaintifl, and from excluding or rejecting any of its express matter or ��� �