New-York tribune., 1877-12-21

InE
:. rroscl TO allow Indian Territory delegate
~ 's lop The President has left the city for
Ncw-York.
THE RIVAL. PACIFIC ROADS.
rnr REPLIES or THE UNION PAOitO ~ '''N
PLANTS or THE KANSAS LINE.
Inv TELEGRAPH TO TIE rRgBuNEJ
u, ..,,,,,oroy Dec. 2O-The hearing of the Pacific
,ai,road noope was continued to-day by the Attor-
- General and the Secretary of the Interior The
,r,nout of the attorneys for the Kansas racine
ii ,,ore made Yesterday. Mcssrs. Shellabarger
and wilson. Of this city and A. J. Poppleton, OF
Omaha. replied on behalf of the Union Pacihc tooay'
Jpdge Sbcllabareer said the Union Pacihc Com
many denies that il has violated the law granting II
q charter or that it has made discrimination against
anv of its branches Taking all the acts relating 10
the Union Pacific Railroad together, he INSISTED iha'
the requirement that the road shall be operated as
one continuous line does not mean that the Union
Pacific Company shall have rivals. 1t means ohiS
that while there may be rivals, there S"""
also be 10 peculiar advantages give" "
the Union Pacific, except such just anu
reasonable ones az are requisite ana nee
essary 70 maintain the road under the conditions
Of rivalry 10 which these acts Of Congress subject It,
To that extent, he said, the Union Pacihc ha'lro""
- am autonomy; the Union Pacific line and the
miuistered and owned as SUCH as 80 its rivals lying
wholly within certain States is impossible for Con-
cress 70 compel them to fix their rates 80 as to
,,ciurocate with the Union Pacific Company.
Judqc Sbelabarger said it is unmitgated folly 10
asscrt that Congress designed to compel the Union
Pacific 10 pro rate with these rivals, and yet leave
them free torcciprOcate or not rs Their interest or
inclination might dictate. lie denied that the
Kansas Pacific Company and the Denver Pacific are
branches of the Union Pacific. But even if they
are. De said. Congress gave the Union Paclhc Com
p,pv power to fix usual and proper rates Self gov
ern1ueut and sef-defencc would otherwise be I'M
possible.
Judge ShollaLargcr denied also that there IS any
ground for the accusations that have been made
o,ait,.t the Union Pacific. as to the higher rates
charged for carrying freight and passengers from
Chcycune. west, than are charged on the caStcrn
rortfop of the road lie asserted. substantially as
he diG yesterday that the wcsSm end of the Union
Pacific Road j, constructed over a mountainous re-
r.ou. and the cost of building and operating 1t Is
much greater than on the eastern end that by a
,r,,cr construction of the charter the statutory
rate per mile for carrying freight and passengers
j. NOT 10 Lc f0und by dividing the gross sum charged
on through fIriehts by the number OF miles such
freiqhts are carried. He asserted for the company
that tie through rates to be adjusted so as to
,7.veut loss OH the mountain end of the line, It VIII
be necessary 90 make the rates so high over the
eastern end of the road and so much greater than
il would actually be just to charge, as 70
drive all business from that end to the lines
of thc cou1panics who are now assaIliuc the Union
Pacific II the request Of the Kansas Pacific and
other branches is granted Judge Shcllabalgcr said
the Union Pacific Company viii have substantially
nothing left except transportation at ruinors loss
over tbe mountains for the benefit of its rivals
The Union Pacific viii not have the equal adyan-
tae,s and facilities as To the rates, time, ana trans
portaion which the law guarantees it.
The representatives Of tho Union Pacific Company
made strong point when they called the attention
Of the Attoucy-Geueial aud the Secretary Of the In
terror 10 jhc fact that the United States Circuit
Court Judge Dillon presiding, will probably, IN
January 1878. decide every disputed question IN
controversy about running connections, and dis
eliminating rates between the Union Pacific Rail
road and its Branches and when they urged for this
reason that the AttorueyGeneral advise the Presi-
dent TO await the judgment of the Conrt.
Mr. Popplcton. Of Omaha one of the regular
counsel of the Union Pacific Railroad in his brief
asserted that in Congress the arrsipnment Of
the company he represents was attended with
n STUDIED pcTVcrSion of facts ana law. lie
reviewed Senator Ch9tlce's speech aad declared
that his statements as TO determinations against
the Kansas Pacific road are not true IN fact lie
gsserts that there Is DISCRIMINATION against Colo
RADIO by tho Union Paclhc; the dSCTlmlna-
tion complained of is on the line between Cheyenne
and Denver, and not on that from Omaha
10 Cheyenne. lie asserted that a comparison
of tariff shows the rates Of freight from Cheyenne
IN Denver, a distance Of 1OG miles, to be in all
instances nearly equal, and IN some Instances
greater on the same class Of freight from
Chcycuuc to Ogden. over the tmOn IaClIC, a
distance of 516 miles From this he concluded that
the exorbitant tariff of the Denver Pacific road,
winch is not under the control Of the Union Pacific
thn fhl -
which prevent the trade and products of Colorado
from reaching the Western States aud Territories.
For the rest Mr. Poppleton covered substantially the
same ground that Judge Sheabargcr did i'll his al
Qumcnt.