Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-02-09

IiSItS' ana under no circumstances whatever
shall we accept such proposal We might
with as much propriety, as we should be clad
to do II we thought it dgnfed or proper of
Ter you 100000 to accept some one of the
proposals made to you to accomplish per-
manent settlement of our disagreements NV
the award OF competent and impartial men.
We have repeatedly offered to you to set aside
the award for the future after settlement of
all the past, and our last letter proposes a re-
vision of the past"
The president Of the Western road replied
to the above on the 18th Of the same month.
April 18th, 1860, proposing as follows: that
1.-THE contract Of 1858 should be takenas ba-
SIS for settling past accounts, and saying Gas
1t Is well known we entertain different views
as to what IS the proper construction OF that
contract, we propose to submit the question to
| three dlsinterested men, to be agreed upon bv
the parties or appointed by the chief Justice of
| the supreme court The award of the refer
ees, or q major part of them, shall be the rule
for settling all accounts between the parties to
June l, 1850, and may be continued TO Dec.
l, 1860, If you so elect"
An acceptance by the Boston and Worces-
ter railroad of this proposition would have in
VOWED the necessity OF relinquishing entirely
the awards made first by Mr. Crowninshieldin
1896, and second that by the referees appoint
ed by the supreme court in March, 1858, and
would have opened up to fresh controversy
the transactions embraced during the term
those awards were operative, as well as the
readlustment of every settlement since the
opening of the Western road in 1899, and it
was of course rejected.
While the subject was still pending in the
legislature the Western attempted to steal q
| march upon the Boston and Worcester by
! procuring the Introduction of bill altering
ana amending the statute of 1915 so as TO
make it obligatory upon all commissioners ape
pointed as referees to decide upon the rela-
tive amounts from freight and passengers TO
be paid to each upon joint business, that fu-
ture awards should be made pro rata upon the
basis OF ton of freight carried one mile The
Dill was introduced at the close of the session
INTO the house., there was no opportunity to
DEBATE IT. It's objects were not understood, and
1t was carried; but in the senate it was de-
teated on the following day. The Western
road thus failed in its object in memoraziug
the legislature, and matters then stood as be-
fore. There was no contract or agreement
Tor the division Of receipts, and no fixed rule
of settlement for joint accounts. In Novem-
Der Of the same year (Noy. u, 1SG0,) the
Boston and Worcester road proposed, as
compromise, to yield to the Western one-half
OF the yearly amount involved in the contro-
Versy, and also the claim in regard to settle
ments, that each corporation should charge
upon its own route for handling the Joint
freight, but this liberal proposal was rejected
After the outbreak of the rebellion in MAY,
1861, IN consequence of the disturbed state Of
the country, and to promote the interests of
the government and the public, as well as the
stockholders, temporary truce was estab-
llshed for twelve months, substantially upon
the basis of the award made by Messrs
Brooks, Ilinckley, and Hggnson, in March,
1898, the Boston and Worcester road agree
ing, as peace offering, top pay to the Western
Jii9t tbefoFd 9R9 ItaAp9tdho I'll ruv pvr,ou ..
this agreement, with the declaration that Meth
err party admitted the claims of the other,
their differences were distinctly stated and it
was mutually agreed to submit them to the
arbitration OF Charles o. Whitmore of Bos-
ton, George G. Richardson Of Cambridge,
Nathaniel Harris, James H. Beal and Joseph
f. Fay Of Boston. Their award to be final
and to settle their accounts in accordance
Herewith for the ensuing year.
The following is the exact language of the
claim of each. The Boston and Worcester
railroad claim that fair and equitable basis
of settlement is
''FirSt, Just and specific allowance or sum
per ton should be paid out of the joint freight
receipts to each road to cover expenses OF
loading, unloading, cooperage and collection
charges
Second, that all joint receipts for passen-
gers and freight on each passenger and each
ton OF freight 10 and from each station shall
be divided in proportion to the distance each
is transported by each road.
On the other hand the Western railroad
claim that the higher relative cost Of their
road, higher grades, ferry at Albany and adj
vances on freight and consequent increased
expenses of operating the road entitle them
to an allowance which will more than offset
the claim for any allowance for handling
freight &c, on the Worcester road.
Second, That they are entitled to a higher
rate per ton per mile and per passenger per
mile for all freight and passengers passing
over both roads or portions of both roads
than the Worcester road is entitled to.
The commissioners made their award on the
10th Of July following (July 10, 1922 which
is in substitane as follows =
Each corporation shall perform all services
and bear all expenses Of its own road. The
expenses of loading, unloading, cooperage
and collection charges are offset on each
road by similar services on the other. Attic
end of each month the amount of Joint freight
and passenger transportation by each corpor-
alton shall be ascertainei by obtaining the
number of tons and passengers carried one
mile by each, and the aggregate receipts Of
both for such transportation, shall be divided
between the two corporations in proportion to
the number of tons and passengers carried one
mile by each
But even this award fails to satisfy the
grasping desires of the Western corporation,
and they again come before the legislature
(without even the poor preteXt which they
have so pertinaciously urged upon former oc-
caslOns) for an alteration Of the charter so as
TO allow them to construct new line of rail
road from Worcester, a Pretert used only as
mask to conceal their real purpose, which is
constellation. Absolute and exclusive con
troll is the end they seek, and that which they
intend to secure if possible; for by this means,
in connection with their scheming associates
and political allies of the New York Central,
they can concentrate the power and influence
of both corporations to further the plans of
each. Should they succeed, many Of the most
cherished interests of Massachusetts will be at
their mercy. With such gigantic monopo-
| ly, possessing the power and the will to con-
| troll the whole merchandise traffic of the west
by the hands of such men as direct the affairs
| OF this corporation and that of New York, to
| the detriment of the other lines of commune
/ cation with the west by river and tide water,
all the stocks Of these roads must as a conse-
( quence be deprecated, and the local interests
of every section of the state through which
those lines pass will of necessity suffer. The
narrow and illiberal policy which the West