The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-30
MUST RUN ITS TRAINS.
The. Southern Pacific Cannot
Abridge the Ogden
Service.
HELD BY AN AGREEMENT.
Union Pacific Likely to
Fall.

WASHINGTON, ID. c., Sept. 29.-Law
officers of the Government are interested
in rumor which was printed last week to
the effect that the Southern Pacific Rail-
road Company had notified the
Union Pacific Railroad Company that after
November it would refuse to run trains
from Ogden to the Pacific Coast in connec-
ton with the Union Pacific trains, thus
practically shutting out the latter from
Pacific Coast business. No official intima-
tioa to this effect has reached either the
Department of Justice or the Interstate
Commerce Commission, but the matter is
under inquiry by the officials of both
divisions of the Government.
No expression of opinion regarding the
possibilities of the case will be made by
either department, in view of the fact that
it may come before them for action. All
that they will say is, in the language of
Attorney General Harmon, that sail the
rights of the Government, whatever they
are, will be fully protected"
A judicial decision has recently been
made respecting the obligations resting
upon railroad company to establish and
maintain running connections" with an
other, and it is of interest in this connec-
ton.
The Oregon Short Line and Utah North
ern Railroad Company brought suit against
the Northern Pacific Railroad Company to
compelit to accept at Portland from the
Short Line in the latter's cars freight des-
tined for Puget Sound ports, advance to
the delivering company the amount of
freight charges due it, and collect the
IL 80 1Ia
consignee at destination.
The order was asked by the Short Line
Company on the ground that it was
running connection" sanctioned by
custom among railroads, and was required
not only by the terms of the charter of the
Northern Pacific Company, but by the
interstate commerce act as well.
Judge Field of the Supreme Court on
circuit, refused to issued the order, Judge
Deadly of the District Court dissenting. On
appeal to the Circuit Court of Appeals, the
action of Judge Field was sustained in an
opinion rendered by Judge McKenna.
Adopting the definition used by Judge
Field, the Court of Appeals said:
1.-THE running connection which must
be permitted by the defendant is not rum
ming over its line, but only in connection
with it-a provision intended to secure the
transportation and exchange of freight
between connecting lines, and not the use
of each others roads by the cars of such
companies.
I'VE are of the opinion that running
connection of one road with another, with
in the meaning of the defendants charter,
only includes such arrangements as to the
time of arrival and departure of trains,
and as to stations, platforms and other
facilities as will enable companies desiring
to connect to do so without detriment or
serious inconvenience.
"The Interstate Commerce. Commission,
according to the statement of Secretary
Moseley, came to the conclusion, over the
dissent of Commissioner Morrison, that
under the law it had no power to compel
the establishment and maintenance OF
through rates by the cooperation of GER
tain railroads.
There is, however, a provision in the act
granting charter to the Union Pacific
Railroad Company and land grant
to the Central Pacific Railroad Com
pany, which it is believed can be
invoked to prevent the Southern Pa
cific Company from carrying out
its reported intention of breaking off con-
nection with the Union Pacific at Ogden,
reducing it to the level of purely local
line and depriving it of the power to meet
it's obligations to the Government as re-
CARDS it's bonded debt. Section II reads in
part:
g The track upon the entire line of rail-
road and branches shall be of uniform
width (the gauge was afterward fixed by
act of Congress) so that when completed
cars can be run from the Missouri River to
the Pacific Coast \
1.-THE whole line of said railroad and
branches and telegraph shall be operated
and used for all purposes of communica-
ton, travel and transportation, so far as
the public and Government are concerned,
as one connected continuous line
"The assent of the various corporate ons
named in the act, including the Central
Pacific of California (now leased to and
operated by the Southern Paciic), to its
provisions are on file in the Department OF
the Interior"