94 XRBRASKA STATE HORTICULTURAL SOCIETY. 



that if we had the package to the train in time to h? taken out that 

 we had a right to send it. We took the matter up and found that we 

 had the right. In case you have trouble of that kind you do not 

 have to induce the messenger to take it; simply demand it and he will 

 take it without a billing. 



Mr. Simanton: We are still having trouble with that down at Falls 

 City. They claim that where there is no night man paid to take out 

 the express they are not obliged to take it, and where you put it on 

 for any station without a way-bill it is at your own risk and they 

 are not responsible for it. That is, where the night operator is there, 

 If he is not paid to handle express, they do not have to carry it to 

 that station on that train. 



Mr. Green: You should deliver it to the messenger and put it in 

 his care. 



Mr. Simanton: The man at the destination will not take it at all. The 

 messenger does not refuse it absolutely, but he says the man at the 

 destination will not take it off the car. 



Mr. Green : I do not know how that would be, but I suppose if the 

 messenger put it off it is his duty to receive it. I imagine it would be 

 .vour risk. If he carried it by and did not deliver it, it would be at 

 his risk. 



Mr. Williams: I received a decision on that. It is at your risk 

 where you ship it to a town where there is no night man; you ship 

 at your own risk. 



Ml-. Simanton: Well, they will refuse to take it. 



Mr. Williams: Yes, they can do so; you can not compel them to 

 take it where they do not have a night man. I got a ruling on that 

 from the American Express Company. 



Mr. Green: Our trouble is not that way. Our trains all come in and 

 go out in a bunch between nine and ten o'clock in the morning and be- 

 tween four and five o'clock in the afternoon; sometimes we just barely 

 get the package to the train. We get it down to them but they do not 

 have time to bill it and the boy would give it to the messenger on the 

 car and he would say you can not send it, that you have to have a way- 

 bill; that is the point I am trying to cover. In cases of lack of time 

 for getting the way-bills you can send it and they haA-e to take it. 



Mr. Williams: Where did you get your decision that relates to fruits 

 as well as flowers? Did you get your decision from the railway com- 

 mission? , 



-Mr. Green: No, I got it from the general office of the express 

 company. 



Chairman: The' railway commission, I believe, has control over the 

 express companies as well as the railroads in the state, but we have 

 never been troubled in Lincoln with that difficulty. 



Mr. Green: I do not know whether it is through the generosity of 

 the messengers, but I know we got it. If we get to the train in time 

 we never have had the question raised. 



