The Leavenworth weekly times., 1878-06-20
Being the Traffic Contract Entered
Into by the Union Pacific, Kan
sas Pacific, Colorado Gen.
trail and The Omaha
Bridge Company.
Containing the Basis of the Agree
ment Whereby TIE Various
Roads Will Pool Their
Earnings.
The Union Pacific of Course Get
ting the Lions Share, or
Something Over Sew
enty Per Cent.
A Contract Which is Intended to
Endure for Fifty Years-FuII
Text Of the Agreement.


1 An IRON UNION
Below will be found a true copy OF the agre,
ment entered into by the Union Pacific, TIA
J Kansas Pacific, the Colorado Central and th
Omaha Bridge Companies whereby thel
earnings are 10 De pooled. The agreemen
was Med In the United States Circuit touI
yesterday, and approved by the Court:
THE CONTRACT.
| This agreement, executed in quadruplicat
| between the Union Pacific Railroad Compa
ny. party OF the first part; the Colorado Cen
trail Railroad Company, party of the secon,
| part; the Kansas Pacific Railway CompaD,
and Henry Willard and Carlos ). Greeiy, "A
Receivers OF the Kansas Pacific RaIlwa,
Company, party OF the third part, witness
eth:
ThAt it is agreed between the parties heretC
as follows:
First-That the railroads of the partie,
hereto shall, under the general direction o
| the Union Pacific Railroad Company, be
managed, operated and controlled as one
| property.
Second-That to this end all the tolls in
| comes, rents, issues and profits arising from
| the freight, passenger and all other traffic OF,
over, or from the said railroads (including the
| existing branches of the Kansas Pacific Rail.
| way Company hereafter referred 10 as gross
| earnings of the parties hereto, including the
bridge of the party OF the first part, over the
Missouri River, between Omaha, in Nebras-
| ka, and Council Bluffs, in Iowa, shall consli-
| tute q common fund or pool.
| Third-Tbat gross earnings contributed by
the parties hereto shall be apportioned, di-
vided and remitted monthly To the proper
officer of the respective parties hereto as fol-
lows namely
To the party OF the first part for Its main
line, -s2SJS Pc. cent
To the party of the first part for its Omaha
Bridge .O21s6 per cent.
To The party OF The second part Oi57s.
To the party OF the third part 1865; these
percentages having been arrived at by mu-
Iual agreement, the earnings Of the proper
ties OF the parties heI eto for the preceding
year having been treat. Il IA, the basis of this
apportionment; the SAID earnings for the
preceding year having been agreed 10 have
been AS follows, VIZ:
Of the party of the first part for its
man llne.-.-. ..---s l., is3,2O3
OF the party of the first part Tor Its
Omaha bridge 475,27s
OF the party of the second part. S,U,UOD
OF the party of the third part...... 3.S1l ,SuI
Aggregate gross earnings for pre-
cedlng year. r..-.--.-..-----..-.---.s I,ll9
Prouided, He,CeUer, That if the contribu-
tions of either OF the parties hereto for its
gross earnings for any month shall be in eX-
cess of its distrlbutive share ofthe gross earn
inss upon the basis of tins article that there
shall be retained 10y such party out of the
aggregate gross ealnings the sum OF 30 per
cent. OF such excess on freight earnings,
slch sums TO be allowed to sucn party as "a
compensation for the cost of conducting the
transportation oi freight by 1t, but not 10 be
allowed for the transportation of p2 ssengers.
FoIrth THAT within thirty days after the
expiration OF toe nrst year after the execu-
ton of this agreement and within thirty
days after the expiration OF each succeeding
year OF the period covered by this agreement |
a readjustment OF the above named per cent |
ages snail be made upon the application of |
either Of the parties hereto, If they do not |
otherwise agree, IN the following manner: |
The party OF th5 fist Part shall nominate !
two ul>inlerested experts, one OF whom shall 4
be charged with the duty Of representing and I
acting IN the interest of The Omaha Bridge: |
the other of whom shall be charged with |
the duty OF representing and acting in the \
interest OF the main line OF the |
party of the first part and 4
the parties of the second and third parts l
shall each nominate II GiSIntereSJet expert, /
each of wLOm shall be charged with the duly
of representing and acting in In. interest OF
the second and third parties respectively,
and IL the experts nominated shall unani- L
mouSiy agree upon a decision of the matters
and questions submitted for their determi-
ma lou. 81 IN de-i son shall De Enal for the |
sue aedlng year, but IL tIey shall not agree
upol a unanimous decision, said experts
sinai. agree upon :. iilth expert and "A deci>-
ion of majority of said five experts upon
the matters ant questions submitted Tor
their determination >bai. be final for
the succeeding year; and il shall be the
duty oi such experts in considering the mat
Jcrs and question Submitrt-' for their d.jeI- I
mlnation and in forming their decision
thereon 10 give careful and due regard TO the
freight and passenger traffic Of the railroads
ana OF the parties hereto, that IN determine
ing the percentages Of the respective parties
hereto, the RAILROAD OF each OF the parties
hereto shall receive due allowance for earn
ings from freight and passenger traffic natur-
ally belonging 10 said railroads, respectively,
and IL shall also be the duty OF such experts |
to give full force and effect to The spirit
and intention OF this agreement
which is hereby declared to be
rs one property, and in such manner as to
produce and 10 assure the greatest financial
benefits 10 them as a united Interest.
Fiflh-That the accounts OF gross receipts |
Of all freight passenger and otner traffic OF
the railroads OF the parties hereto shall be
kept by the proper officers therof AMI all Of
said receipts shall be rernitted TO the joint
Of said companies at Boston under
such rules and regulations as the managers
shall direct.
when il can consistently be done without es-
pecial difficulty or Injury, TO itself, will, If
'equ red, accommodate either of the other
parties hereto, with materials and supplies
I>,d in operating said lines of railroads at |
ne same rates charged to itself by whom the
'ame may BE- furnished, and that the rate OF
of said materials and supplies
shall be one cent per ton per mile.
Seventh That tins agreement shall con-
-inue operative and controlling upon the
parties hereto for Iiity years from the date of |
Is inception, which last named date shall
De within ,nIriy days from the making here
he ratification OF the United States Circuit
court for the District of Kansas, in the suit OF
Meier.t al. vs. tne Kansas Pacific R'y. Co.
Il al.
In witness whereof the parties hereto have
,aused the same to be executed by their exc
.utive officers this first day of June, lssS the
receivers signing the same with their own
proper hands.
The Union Pacific Railroad Co,
by SIDNEY LILLoS,
President. |
Kansas Pacific Railway Co.,
by RoBr. T.. CARR,
President. |
Colorado Central Railroad Co.,
by W. A. II. LoyELAND,
President. |
per J. L. Usher.