St. Paul daily globe., 1889-01-11

seVeEai companies, the presidents OIL Tnlcn
are members of the association, shall be in
structed by their respective presidents to pass
no way bills, expense bills, claim or vouchers
which are extended al rates or charges differ
ent from those duly authorized; and the
agents at all stations shall report direct to the
auditor OF the association, and their books
shall be required to check with the accounts
rendered by said auditor.
X.-Statements to be Verified. With the
view OF still further providing for an accurate
exhibit OF the affairs of each company the
officers making reports to the association
snail certify to their cOrrectness and, in case
irregularities are charged, or the accuracy OF
the answer made by any company is ques-
toned. the officer believed to be familiar with
the. transactions may be examined under
oath by the executive board.
Xl-Penalties. When charge is made to
the executive board that any provisions OF
the Interstate commerce act have been vlo-
Lated, or that any rate rule or regulation es-
| tabl1Shed by the association has been dis
regarded, the accused shall be given ten days
IN which to reply, and if after Investigation
1t shall then appear to the executive board
Or majority thereof that the charge is sus-
tanned, SAID executive board shall, if such
offense involve the violation real or apparent
OF the provisions of the interstate commerce
act, forthwith communicate its finding,
together with the evidence in support there
OF, to the Interstate commerce commission
ers for such action as the said commissioners
may deem proper, if such offense involves
the violation of any articles of this agree
ment and does not involve in addition
thereto any violation of the provisions Of the
interstate commerce act, penalty shall be
| assessed of not less than $3.50 for each
offen6e.
XII-Dismissal from service. The presi
dents, members of this association, agree
among themselves to Immediately discharge
any employe of the companies under their
control guilty of violation of any provision
of this agreement. In the event that any
0ff On 1nr,on nf or,x
the president of which is member of this
association, or of any line or other aSsOcia
| ton of such companies, is convicted OF hav-
| ing violated the rules or reduced the estab-
| lished rates, then the facts connected there
with, together with the conclusion reached,
shall be certified by the executive board to
| president OF the company concerned; and IN
| case the executive board shall recommend
the removal Of the offending officer or agent
| he shall be dismissed from the service of the
said company, and he shall not be engaged
| or employed By any member of the associa.
| ton except upon the approval in writing OF
| the executive board.
XI1I.-The board of managers shall deter
mine the territory to be covered by this agree
| ment, and the association shall on matters
| which particularly lives i'll any given terrific
| ry be divided into sections by the board OF
managers: and for the consideration of sub
| jects solely concerning such groups separate
meetings may be held.
XIV.-Copies of way bills, etc. The agent
! at each forwarding station shall promptly
send to the association legible copies of the
way bills of all traffic subject to the assoeia-
| ton. showing way bill number. consignor
| and consignee or give destination, weight
| and description of articles, the rate and the
| amount of charges to be collected thereon.
| XV.-Statistical information. Statements
| shall be issued weekly showing the move
| ment by classes and by lines of all passen-
| gers and tonnage subject to the association,
| such statements to be by territorial sections,
n1,d hcf frrr1N CHI IN hn m
| ested therein, the intention being that by OBJ
| tanning accurate information the suspicious
| which attach to and the reprisals which fol
| lowing evidence Of what is done may be
| avoided.
| XVI.-Guaranty fund. In order to attest
| the sincerity of members, and 10 create q
| fund from which fines, it assessed. can be
| only collected each member shall deposit
| and keep good, in a bank to be named by the
| managers, to the credit and subject to the
| draft of the executive board, not less than
| $1,000 in any case, nor more than IS. 900, as
| may be agreed or as the executive board shall
| determine.
| XVu.-Presidents' agreement o. JAN l,
| 1SS9 The agreement of presidents known
| as the agreement of Jan. l, 1889 is adopted
| as a part of the articles of the agreement of
| this association. The said agreement is as
| follows: First-That on and after Jan. /,
1889 no official or employe Of either of the
| companies made parties thereto shall depart
| in any manner whateverf from the established
| rates, rules and regulations governing COM
| petition traffic tranSported-the wOru COM
| petitive being used in its broadeSt sense and
! intended to include traffic competitive by
reason of markets or contiguity of stations.as
well as traffic to or from common points
| either by the payment OF commissions, draw
| backs, bonuses, salaries rebates, by manipu-
| lation so called or in any other way; but the
| tariff rate shall be charged and maintained
| in all cases. neither shall any deviation be
| maze in any rules or regulations governing
rl,f ynI,x in 6n
crease the proper freight charges under the
established rates. but in all respects the tariff
| rate shall be religiously observed.
| Second--That as, possibly, obligations may
| exist on the part of the railroad companies
parties thereto, which will require the rail
| road companies to continue, after Jan. 1,
1889, rates which are in lower basis than
| the normal figure, or the existence of which
| duction of the established tariff rates below
what might be properly considered the
normal standard. it is hereby agreed that
| prior to Dec. 1888. there shall be placed in
| the hands Of some designated party full
and complete exhibit of all such obligations
| Of any kind OF nature which extend beyond
| Jan 1, 1889, and the parties to this agree
ment shall, as soon after Dec. 10. 1888, as
possible, convene for the purpose of re-
view and consideration of the same and shall
agree together upon such measures in rela-
ton thereto as shall best serve the interest of
the whole, and i'll the event that such out
standing obligations necessitate the contin-
uance of rates abnormallv low, the parties
hereto shall decide as to the rates thus to be
continued and also as to their duration.
Third-To guard against possible indiscre-
ton on the part of those entrusted with the
establishment and quotation of rates, and to
create feeling of confidence between the
subordinate officials Of the parties hereto in
regard to the maintenance of rates, it is
hereby agreed that, should any line, party
hereto, have reasonable grounds for believ-
hat fha oh ba1 fors
regulations have been disturbed, or any ac-
ton taken contrary to the spirit and intent
of TINS agreement by any line, it shall take
measures to Law the fact before the parties
into the matter, and if majority decide tnat
the facts justify the belief as to a departure
from the agreed conditions, such majority
shall have the right to require the withdrawal
of any and all authority from the offending
person or persons to, in any way thereafter,
make, establish or quote rates, rules or con-
ditions on traffic subject to this agreement.
XVII Arbitration. In case the man.
ayers fail to agree upon any question aris-
ing under this agreement that shall be
brought before the association, 1t shall be re-
ferred to an executive board. consisting of
three experienced men. The members of
such board shall, on the organization of the
association, be elected by unanimous vote.
but they {Or either of them may be removed
by two-thirds vote of the members. The
board shall determine all questions. hear and
decide all questions of complaint and pre-
scribe the time upon which such hearing shall
be had, with the view of preventing all un-
necessary delays; after which decision shall
be rendered within ten days, and said decis-
ion shall be final.
XIX-D1ties of Executive Board. The
the members of the said executive board
shall devote all their time to the affairs of
the association, and shall administer all mat
ters connected Herewith. One shall be
elected chairman and the other two be known
as vice chalrmen, one of the freight, and the
other of the passenger department. The
chairman shall preside at meetings OF the
board of managers, and the vice chairmen at
the meetings of the freight and passenger