The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-20

managers all reports, papers anu lniorlnutio.i
relating to the traffic covered hereby which
may be required by them.
Article XVI-Forfeitures for violations OF
agreement: For any action by any party
hereto which. in the Judgment of the managers,
constitutes violation of this agreement, such
company shall forfeit to the association sum
TO be determined by the managers, not exceed
ing $4,000, but where the gross receipts of the
transaction in which this agreement is violated
shall exceed $4,000 the offending party shall,
at the discretion of the managers, forfeit sum
not exceeding such gross receipts. Such for
FIXTURES shall be applied to the payment of the
expenses of the association, excepting that the
offending company shall not participate in
such applicati ton of its own forfeiture.
Article XVII-Deposits, expense fund and
provisions for forfeiture: See. Upon the
call of the managers, after this agreement be-
comes effective each company party hereto
shall deposit with them the sum OF $4,000,
and in addition thereto, upon their like call,
such further sums monthly, based upon the
gross earnings OF each company party hereto,
from the traffic covered hereby as the managers
may decide to be necessary to defray the ex-
penses OF the association, including the salaries
of the commissioners and arbitrator and to
provide for such forfeitures as may be ad-
judged.
party hereto under the rules shall be taken
from the sum contributed by such company
and charged in whole to it's account. If its
deposit at the time, exclusive of its said orig
inal contribution of $4,000, shall be insufficient
it shall pay to the managers such deficiency
within fifteen days after the forfeiture is
finally adjudged.
Sec. 3-The balance of said deposits remain
ing at the expiration of this agreement shall
be divided between the companies then parties
hereto in the ratio in which they have contrib
uted, less the amounts forfeited.
Article XVIII-Retirement from agreement:
Any party retiring from this agreement before
the final completion of the time herein fixed,
except by unanimous consent OF the parties
hereto, shall not be entitled 10 any refund
from the residue of deposit remaining at the
close of this agreement, but If any company
fails to observe and be governed by this agree
ment which fact shall be determined by the
arbtrators, and then fails to pay its forfeitures
within fifteen days after such decision OF the
arbitrator, then any other company may with
draw from this agreement upon giving thirty
days notice to the managers, and such COM
pany so withdrawing shall be entitled to the
residue of the funds it has contributed.
Article XIX-Board of arbitra ton: Section
There shall be permanent board OF arbi-
tration consisting OF three disiSterested per-
sons to which appeals shall be made as to all
questions, including differentials, arising un-
der this agreement, except the determination
OF rates and fares.
Sec 2-All differences between the parties
hereto as to any lawful measure necessary to
carry out the objects of the association, except
as to rates and fares, shall be submitted to and
be finally decided by the arbitrators
Sec. Spending decisions by the arbitrators
the decisions and orders of the board of con-
troll shall prevail.
Sec. 4-Hearings shall be had upon all
questions arbitrated, under the rules estab-
lished by the arbitrators and approved by the
board Of control, and the decision of the arbi-
traitors, or OF any two of them, shall be final.
Article XX-Amendments: Amendments to
this agreement shall only be made by the
unanimous vote of the parties hereto.
Article XXf-When agreements become ef-
fective: Section This agreement will not
be effective until it shall have been approved
by board of directors of several of the COM
panies parties hereto. Certified copies of reso-
buttons giving such approval shall be filed with
the managers.
Sec. 2-This agreement shall take effect jan
uary 1, 1896, and continue in existence for five
years thereafter subject to ninety days written
notice by any company of its desire to retire
therefrom.
The presidents adjourned until Deem
Der u, when it is expected the board of
managers and the arbitrator will be an
nounced.
While the Grand Trunk Railway of Can
ada is a party to the agreement the Cana
dian Pacific is not. If the latter road cuts
rates the other roads will not pro rata with
it, nor accept its through bills of lading.
1t has not yet been determined whether
the trunk line association and central
traffic association shall be abolished or
continued with the joint traffic associa-
ton as distinct organization.