St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-06-26
The Western Passenger AS
ISOLATION in Danger Of
Disruption.
Finley Decides the Alton Has
No Right to Any Pro-
lection.
War to the Knife Will Now Be
the Policy Of the Alton
Officials.
President Miller on the Pull
man Suit--Other Traffic
Notes.

CHICAGO, June 25.-The crash has
come at last. There can scarcely be
a doubt that the disruption of the
Western Passenger association is at
hand as result of the controversy be-
tween Chairman Finley and the Alton
road. The latter on June 20 made ap-
plication for authority to establish a
rate of SO to Kansas City and S25 from
Chicago to Denver. allegations being
made that Irregularities on the part
OF its competitors with respect to
mileage and other forms of trans
portatiOn rendered necessary the
proposed rates for the protection of its
traffic. Chairman Finley gave out a
ruling to-day that was a surprise to
everybody. inasmuch as it declared sub
stantially that the Alton, by its past
conduct, had forfeited all right to pro-
lection under the agreement. Following
is the text of the essential portion of the
decision:
In the framing of the agreement it
was provided that the chairman shall
have authority to construe the articles of
the association and all rules and regula-
tons that may be adopted, his
decision to be binding upon each
member except as otherwise provided
in the agreement. and further provision
was made that all rulings and decisions
of the chairman shall stand until re-
yersed by twO-thirdS vote of the aSso-
citation or by arbitration. In the event
of any contravention of any require
ment of the agreement penalties were
provided. and a vital obligation was
imposed upon such members to pay
such penalties after they shall have
been properly confirmed, and under
the duty imposed upon us to conStrue
the agreement it is held that the
| notice as to the failure of any
member to pay such penalties as in
effect an announcement of the abandon
| ment by that member of the essential
obligations assumed by it on becoming
a party to the agreement. Having
given notice to the parties to the agree
ment of such abandonment by applicant
of its essential obligations under the
agreement in its refusal to pay the pen
aitieS assessed against it in the decision
rendered in the matter of complaints in
respect to rates from Kansas City to ST.
IOulS duu lIOIll OF. LOulS W OulCdSO,
it becomes the duty OF the
chairman to hold that appli-
cant. by reason of such abandonment,
is not entitled to have the agreement
rendered in its favor, and it is therefore
not necessary to pass upon the merits
OF the applications.
Many railroad men are of the opinion
that Chairman Finley has exceeded his
authority in giving the above decision.
They hold that his business is to inter-
pref the agreement, and that since the
Alton is still regarded as member of
the association its application should
have been passed upon without refer
ence to anything that it had done
before. They say the chairman
had no power to read a
road out of the association
and that so tar as the Alton's refusal to
pay penalties is concerned, the chair
man did his whole duty when he in
formed the other members of that fact.
The Alton. however, accepts Mr.. Fin
ley's decision as final and will proceed
act Independently of the Western Pas
senger association. Legal notice will
be given tomorrow of its intention to
reduce the rate between Chicago and
from S30.65 to S25; between Chicago and
Kansas CITY from Sl2.50>to $40, and be-
tween Chicago and st. Louis from $3.50
to Sc. The issue has now been clearly
defined, and so far as the Alton is con-
cerned 1t is war to the knife.