10 FEDERAL nnroivrun.
accommodations from their competitors, they can suppress competir
tion, and establish and maintain a ·monopoly in that particular de-
partment of trade, and subject the public to the payment of undue
and unreasonable exactions for the services rendered. .
I I am very clear that no such right exists. Where a railroad com—
j pany assumes to receive, take care of, water, feed, and forward stock
as a part of its undertaking to transportlthem, as it may lawfully do,
they are at liberty to select such agencies as they may choose to em-
ploy for the purpose, and the exercise of the right is no wrong to any
one else. But that is not the question here. The complainant does
not complain of defendant’s transacting its business through its own
agents. Its complaint is that the defendant refuses to deliver stock
consigned to his yard to him, except through the yards ofrco-de
fendant, and it is against this unauthorized andinjurious discrim-
ination that he seeks relief. The two yards arecontiguous. They
are both connected with the Cincinnati & Baltimore Railroad Com-
pany’s road (over which the defendant is running its trains) by suitable
switches. The railroad defendant can receive stock from- and deliver
stock to the one as easily as to the other, but refuses to do so. The
discrimination is contrary to a sound public policy and injurious to .
the complainant. It gives to the United Bailroad,Stock-Yards Com-
pany important advantages in the receipt and shipment of stock, over
_ the··con1plainant-an injustice which no railroad-= company, in the
exercise of its quasi public functions, ought to be permitted to inflict `
upon any one engaged in a lawful and necessary; pursuit,. The power
to, prevent such an abuse is, as we have already affirmed, vested in
courts of equity until the legislature shall provide another and differ-
ent remedy. y . , . . ; _ .
A preliminary injunction, corresponding in its scope with the
restraining order heretofore issued, is therefore granted, on complain-
ant’s entering into a bond in the penalty of $20,000, with securities
to be approved and accepted by the clerk, conditioned to prosecute
the suit with effect, or in the eventlhe fails to do so that he will pay
the defendants allsuch damages respectively sustained by reason of
the wrongful suing out of said injunction. r _
Nora, The tempcraryyrestraining order was as follows: *• It   therefore
ordered by the court that the defendant railroad company shall, so long as said
company shall continue to deliver stock tothe United Railroads Stock-Yards
Company, until the further order of thecourt; desist from making any dis-
crimination between the comp1uinant*e‘·ryards.and those of the United Rail-`
roads Stock·Yards Company, audshall receive all the stock consigned, or which