Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-02-17

THE WESTERN AND THE Boston AND WoR-
cEsTER RAILRoADs.-The directors ofthe Boston
and Worcester Railroad have made the follow
ing exposition of their differences with the west
ern Railroad;
"Snce December l, 1858, the Western Rail.
road Corporation has furnished cars for the Joint
freight and joint passengers, except on the New
York trains, and this corporation has had on
hand large number Of not needed for the
local business. Freight cars, not housed, suffer
nearly as much from constant exposure to the
weather end idle boys, as from use with reasona-
BILE care.
Before that time we furnished our proportion of
cars for the joint freight. Should we return TO
that practice, instead Of paying a profit for the
use of them, additions will be required. By the
terms of the contract of 1853 the Western Rail-
road received three tenths OF one cent per ton
per mile for the use of freight cars for Joint
freight, and sixteen one hundredths of one cent
per passenger per mile for the use of passenger
cars for Joint passengers. Under that contract
the joint receipts for freight divided pro rata
per mile too and from all joint points in pro-
portion to the distance the freight was carried BY
each corporation respectively. The Joint receipts
for passengers were divided by an arbitrary rule
follows this corporation received one dollar
for each first class passenger, except in cases
where pro rata proportion was less than that
sum: and in such cases the pro rata proportion.
In other cases, including the great majority of
passengers, this rule of division gave the Western
railroad from ten to twenty-eight cents more
than that proportion on each joint passenger
This contract expired on the 3lst of May, 1856,
by prior Simultaneous notice given by each cor
poration. Just previous to its expiration, pro-
visiOnal agreement for six months was made,
to allow your late lamented President, Judge
Hopkinson, to go abroad with view of restoring
his health. By the terms of this agreement
'the whole matter shall be revised and settled re-
lating back to June l, and your directors hoped
to be able to effect arrangement before the
LIST OF December, 1886 Judge Hopkinson return
ed in state of health which forbade1 us to hope
any longer for his valuable services. On the 18th
of November, in that year. he died, and on the
10Th Hon. George Morey was chosen President of
| the corporation
| After several conferences and the interchange
| of different propositions, Mr.. Mercy proposed
| "to submit the matter of an equitable division of
the joint receipts to intelligent, fair, and impair
tial men, to be mutually agreed upon by the par
| ties" This proposition not meeting favor on the
| part OF the Western Railroad, the whole subject
was passed over, in February last, to the present
directors who have spared no time or effort to
| bring about amicable and equitable settlement
for the past, and effect some arrangement for the
| future. Failing in all compromise propositions,
We offered to submit all questions in dispute to
referees to be mutually agreed upon by the par
ties, or to be appointed by the Supreme Judicial
Court. This proposition being declined we even
proposed to refer the whole matter to Hon. Chas
Hudson and Ignatius Sargent, ESQ.,, two of the
directors of the Western Railroad corporation,
and Daniel Denny, Esq, one of the directors of
this corpOration-havIng full confidence in the
justice of our claims and the integrity Of these
gentlemen-and that the ue of division, &c.,
fixed by them, should be the basis of all settle.
Inents for the period from June l, 1856, to June
l, 1859.
This proposition being rejected, we proposed to
Join the Western Railroad in a petition to the
Supreme Court, for the appointment of commits
sioners to determine all questions between the
parties, under the laws of the Commonwealth.
This proposition was not accepted. and each cor.
poration petitioned separately, the Western Rail-
road for the appointment of commissioners to FIX
the rate at which passengers and freight should
be carried, and depot accommodations furnished
by US; this corporation, for the appointment of
commissioners to determine these and all other
questions at issue. Commissioners satisfactory
to both parties have been appointed. The case
is now in their hands, and we wait hopefully for
their decision, trusting that the time wlll soon
come when amcabe, equitable, and monthly set
Elements may be made between these two impor-
tant corporations.
The accounts of the two corporations for the
joint business, have been made up on different
rule of division, and that finally adopted must
change the reported receipts of one or both We
have not deemed it advisable, in the present pos
ture OF this matter to state in detail the questions
atissue or the many satisfactory reasons we think
might Justly be offered in support of the positions
we have taken. But we have felt it our duty to
| communicate to you the efforts we have made to
effect settlement, while we express our sincere
regret that the managers Of the Western Rail-
rovd have not felt at liberty, with their convictions
| of duty to the stockholders of that corporation
to accede to any of our propositions"