No. 1. G. A. RUPERT vs. LEHIGH VALLEY RAILROAD COMPANY. CLAUDE T. RENO, for Complainant. F. H. JANVIER, for Respondent. G. A. Rupert, of Allentown, Pennsylvania, complained that the Lehigh Valley Railroad Company, by reason of the making of an exclusive contract between it and the Allentown Transfer Company, had refused to permit complainant to solicit orders for the delivery of baggage on the platforms and in the depot of the company at Allentown. Pennsylvania; that complainant, subsequent to the making of the contract above referred to, had been ejected from the platform of the company and given notice to cease attempting to do busi ness. This complaint was sent to the company for answer and copy of the agreement between Lehigh Valley Railroad Company and the Allentown Transfer Company was sent the Commission in connection with its answer. At a conference of counsel representing the complainant and respondent it was decided not to submit testimony, both parties agreeing upon a statement of facts, setting forth their respective sides to the controversy and agreeing also to submit the case upon briefs. After the hearing attorney for complainant requested an extension of time in which to file brief. Granted. Similar extension also granted to respondent. The decision of the Commission was, as is shown in the following opinion by Ewing, Chairman: The facts in this case were agreed upon by the parties and are as follows: STATEMENT OF FACTS OF COMPLAINANT. "The complainant is the proprietor of a baggage transfer concern, consisting of two horses, two mules and three wagons, which are used and employed in the business of conveying baggage to and from the several railway depots in the City of Allentown. "In addition he is employed by the proprietor of the Hotel Allen, located in said City, and by means of the above horses and wagons conveys and transfers the baggage of the guests and patrons of said hotel to and from said depot. "He has been engaged as porter for said hotel for a period of seven years last past and for fifteen months last past has been engaged in the business of transferring baggage aforesaid. "That on or about January 9th, 1908, the complainant was ejected from the platform of the respondent company at Allentown, being then and there in the act of soliciting the checks for baggage held by arriving passengers. "That the solicitation had also been carried on prior to January 9th, 1908, for several months, and after having been several times forbidden by the railroad officials, Mr. Rupert was, as above stated, compelled to leave the platform." STATEMENT OF FACTS OF RESPONDENT. "In October, 1907, the Lehigh Valley Railroad Company made an agreement with Leonard G. Sefing, Jr., and John S. Sefing, trading as the Allentown Transfer Company, permitting and licensing them to transport baggage to and from the railroad station at Allen- "The Allentown Transfer Company has a sufficient number of vehi- "The railroad company has at no time forbidden anyone to bring baggage to its station which had been delivered to such transfer, and has not forbidden the removal of baggage from its station by persons presenting checks therefor." The agreement now in operation between the respondent and the Allentown Transfer Company, is as follows: "THIS AGREEMENT made this first day of October, A. D. one thousand nine hundred and seven (1907), between the LEHIGH VALLEY RAILROAD COMPANY of the first part, and LEONARD G. SEFING, JR., and JOHN S. SEFING, trading as the Allentown Transfer Company, located in the City of Allentown, State of Pennsylvania, of the second part: WITNESSETH: "FIRST. The party of the first part hereby permits and licenses the party of the second part to transport baggage from and to the trains of the party of the first part at its station at Allentown, State of Pennsylvania, and by a suitable agent or agents to solicit orders for such transportation at such station and upon the trains of the party of the first part, and in consideration thereof the party of the second part agrees to pay to the party of the first part the sum of Fifty Dollars ($50.00) per annum, to be paid upon execution of this agreement, and a like amount to be paid thereafter in advance on the first day of October in each year during the continuance of this agreement. The privileges aforesaid shall be exercised under the general regulations and directions of the party of the first part and shall be exclusively in the party of the second part as far as the party of the first part may lawfully grant such exclusive privileges. "SECOND, The party of the second part further agree that they will furnish and keep in service at their own cost for the transportation of baggage from and to the trains of the party of the first part at said station at Allentown, State of Pennsylvania, sufficient wagons, sleighs, or other suitable vehicles to afford first class transfer service for said baggage. The vehicles aforesaid shall be kept at all times in good condition and subject to the approval and direction of the party of the first part and prompt and efficient service shall be rendered. The party of the second part shall furnish at their own cost competent drivers and all other necessary employes in and about the service aforesaid, which employes while on duty shall wear a distinctive uniform or badge approved by the party of the first part. "THIRD. It is further agreed that for the transportation of aforesaid baggage the party of the second part will make the following charges: "Personal baggage "25 c. per piece to any point East of and including Seventeenth "35 c. per piece to any point West of Seventeenth Street. "Commercial baggage "50 c. per round trip, single piece. "85 c. per round trip, two pieces. "$1.00 per round trip, three pieces, within city limits. "FOURTH. In further consideration of the privileges herein granted the party of the second part shall and will at its own cost and expense erect and maintain a telephone booth upon the platform |