Brothers

The Pacific Coast Steamship Company is a common carrier by vessel. Under an agreement and understanding with the board of state harbor commissioners, the com *353 pany uses piers Nos. 9 and 11 upon the waterfront in the landing of its vessels. By contract with the Pacific Transfer Company it receives twenty-five per cent of the gross receipts of that company for the exclusive privilege of soliciting upon their piers the carrying of baggage at the times when the passengers on the company’s vessels arrive in port. Morton Brothers, carrying on the same line of business as the Pacific Transfer Company, were denied the right by the Pacific Coast Steamship Company to solicit business upon these piers or wharves from passengers landing thereat. Thereafter they brought this action against the Pacific Coast Steamship Company to restrain that company from interfering with them in carrying on that particular business upon these piers. The trial court granted the relief sought, and that decision is now attacked by appeal.

There are a few minor and incidental questions raised by the appeal and discussed by counsel, but we pass them by and take hold of the broad proposition, to wit, what are…