Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-18
|1ITAY POOLING.
| !. Legal views OF frame
Pooling.
n,,,a..iop by Judge T. M
Y Cooley

". no .n the railroad companies
|'s' WEE attracts more attention
! p'O',' lime tlan the arrange
prseh''. - The ,,me Of pooling is
70 va l,..ao. Ii railroad circles
y Iy!.sss ,sspr are looked ,, upon
'II '.rx to prevent all railroad s.,'
= becoming absolutely worth ,s
y .,oct holders, as a very large
' !. ! '' now and those managers
,sn Tys 10 rarn dividends are
'S '.Soriug earnestly to make AK
efFectuAl, On , .he
E |'i'us' An Impression is largely
|''aa ~, polling contracts are
fni Una, Thereby inequality aud
|sae s.,, so css'bs maintai,ed, and
ID =, sa' ,r,urIous to the public IN.
fg''yy,iissbsd; and they are by
s I'sns clcndemned as bling I'M
s s,s wrong If not absolutely
ss,he relations between the
& re =, rsiIroads are % neces-
2 Instant nj and so extensive as
s %p, between then In all
~ milroad serviceIof very
a Vance, n il seems desirable to
Y. .,lention to these orange.
Y. ,S,Ir nature, their purpose ana
.,,Ity-and to bring logether
'ssl.nlions bearing upn these
.s,seively. with a view to CIV
~ mace the means Of form
!, alpion in respect TO them.
m ~, admit of this beng done
RI ccnlpleteness, but perhaps
IA polnts may be presented.
!, I'D will refer especially to
h freight traffic, butin princt-
EII,pply to passenger traffic also.
WHAT THEY ARE.
wiling al arrangements between
n This country have not NIL
he sanle plan, but it is proba-
juportsnt now to take notice
r,mpts in that direction which
4 made and then abandoned.
rrtion OF pooling, though like
IL, to occur anywhere, comes
On England. where pooling
hin lbe railroad business and
semi-public nature have
anot to be Illegal, both when
n made on the basis of an
division Of profits (D and
The basis was u d.
Of business between the con-
parties (2). In this country
BOD Of pooling seems to be for
hi contracting parties to create
nmon authority upon which
puferred the power to estab-
change rates for the transpOr-
property within a certain ter
over a certain line, and also
tion the business between
The apportioDment will be
b consideration of what the
Hseyerally would be likely to
ier the operation of free COM
and 1t will be changed from
Inc II found to be relatively
The feature of arbitration
piroyersies arising between
irscting parties will also
hineni In the arrange
be contract will he made for
tsrmof years, with liberty
tfMparties to withdraw upon
I notice, and it will be likely
that a commission acting
glvcdirection to shipments
kshall be necessary to give
is allotted share. But as
will have a legal right to have
Etty transported by a line of
slection, II may well happen
roads will carry more and
than their proportion and pro-
!, therefore, be necessary for a
adjustment of balances, and
yment of moneys from one
as may be needful, upon
vance for the business done
slotted share as shall be
. IS just. Perhaps clauses
serted In the contract which
lr their purpose to make ii
crest Of shippers to send for.
property according to the
Of The commission, but com.
'wer in this direction must
be very limited.
THEIR PURPOSE.
we'd purpose In pooling is tc
aas competition between the
o. represented, and the un'
'9lnation between shippers
lound invariably to attend
elition. The desirahilitv o,
sntloned object is agreed tt
~ The existence of unjust
lons Is one of the chief com
zoe BY the public against rail
cement, and one of the rea
assigned for interference.
may therefore be taken a,
Y % far as pooling arrange
zine correction of this evi
" purpose Is commendabIe
primary object unquestion
protection against ruinoui
and Ii il not 10 Ia OK nec
10 this the public oninio,
WY VIII be prepared to Civ
lisa combination, and al
'ns IN a business which 81
=. @ncerns the public lool
sometimes result In eItai