New-York tribune., 1885-01-14

THE DIVERSION OF POOLED FREQ GIT
The movement recently begun by prominent
merchants of this city to have decided. either oy
the State Railroad Commissioners or in the courts
the question Of tho right of railroad receiving
freight to turn it for delivery to another iine'
is not the first Of its kind. Some time ago an
attempt was made by Western shippers to compei
the abandonment of this practice by several western
companies, but believe the matter did not go 10
q judicial determination Instead of forcing the
issue at law the railroads resorted to Hank attack
by stopping tho issue of through bills of ladns and
their opponents were so incOnvenienced In their
business that they acquiesced in the continuance OF
tho system OF diversions. 1t may provo well to
have the dispute here settled now, as the drift OF
popular opinion seems to be tending more and moro
toward a legislative regulation of tho relations
between common carriers and the public.
The diversion Of freight from one railroad 10
rival is claimed by railroad men to be necessary TO
the maintenance of any pool " intended TO secure
a peaceful division of competitive business and'
with it, stable aud equal rates for all Shippers.
Money pavments to the lines which fall behind
their percentages are unsatisfactory; the roads
want the tonnage 80 as to keep their equipment
moving and prevent people from forgetting their
active existence. A road might flourish financially
for few years on subsidies from competitors which
ran ahead of their pool allotment. but It's END wouu
be rusting of tracks and its elimination from the
pool This argument must bo respected unless "o
are to declare all pooling agreements illegai anu
wine them out. The claim also made by tho roads
that when they receive freight they fnlii their
obligations if they furnish the same class of trans
portation may DO relegated for settlement to the
courts. Laymen will unto in the opinion that as
matter of pure principle, q shipper has the right.
when hs consgns his goods to particular line, 10
have them carried to their destination by that line
and no other.
The practical side of the question is found IN the
comparative facilities of different roads and tho
DELAY or damage likely to result from transfer OF
freight from q strongly equipped line 10 one oe-
dccnt either in its equipmont or its management
Nerchoots themselves are the best judges OF how
far tLey suffer from the evils which they are pro
testing against. 1t is not gong far. however, 10 say
that no road wants 70 turn over lrelght 10 rl'ai
whose service will dlssatIsiy the shipper, ana Whe
contending for their right of transfer aAy T'i"'o
managers frankly confess that trey are molahy
ohicd to see that their patrons do not have their
goods DELAYED or damaged through the exercise oil
this RIGHT. Compared with the whole Volume OF
west bound traffic the freight diverted Oh the pool
roads i, not important in amount, but at times I"
has formed a large proportion of the daily tonnage
of some particular road. We remember the pinchIng
of our shoes where we forget miles of easy Walking
and business men who have been put to NEON
yenencc or loss by the carrying OF their goods
over "A road they were not delivered to may well 10
pardonei for seeking to abolish the system or 10
minimize its Objectionable features No harh ca Il
come from settlement of tins question IN ltS iegai
aspects meantime. forbearancc and co operation on
tbe part of shipper and carrier will go far toward
,odrcing the friction of system which the COM
nan;e, contend they cannot surrender in existing
circumstances