Rocky Ford enterprise., 1896-08-27
ALL PEACEFUL NOW.
MIDLAND CONTEST SETTLED.
Judge Caldwell. With the Assistance of .
Railway Expert Fixes the Proportion of
Receipts for the Two Roads.


Glenwood Springs. Aug. 23.-Judge
Caldwell Of the United States circuit
court. yesterday rendered his decision
In the contest between the Midland
and Midland Terminal as to the freight
rates division. He had called In w. T.
Homan, an experienced railroad man,
to advise him In the matter. The de-
cree is as follows:
"We find the questions at Issue to re-
late almost wholly to the divisions Of
earnings. 1t Is conceded by both par
ties that So to 90 per cent of the total
traffic interchanged at Divide station
Is business passing through Colorado
Springs and points west Of Colorado
Springs to and through Divide. to or
from points on the Terminal railway.
We further find that the terminal rail-
way. by reason Of its position, Is enti-
tied to more than mileage pro rata or
the through rates from or to points on
the Colorado Midland. We further find
that a proper division of the freight
traffic rates between the two railroads
on the above mentioned traffic to be 90
per cent to the Midland Terminal Rail-
way company. and A per cent to the
Colorado Midland Railway company.
'.The rates on all freight traffic to or
from points on the Terminal railway to
or from points on the Colorado Midland
railroad west of Divide station shall be
divided as is stipulated in paragraphs
4. 5, 6 and Z. of section @. article 3 OF
the contract made between the Termin-
al railway and the Colorado Midland
railroad, dated November 1. 1892.
"a just cause of complaint on the
part of the Colorado Midland exists In
the unusual delay in the returning OF
cars by the Midland Terminal railway
to the Colorado Midland Railway COM
pany. 1t appears that during the per-
iGd from January 1, 1896, to June 30,
1896. the average detention Of cars or
the Colorado Midland railroad on the
line of the Terminal railway was over
twenty days. This great delay should
not continue. Unless more prompt
return shall be made In the future, the
receiver of the Colorado Midland rail-
road will be justified In making a per
diem charge against the Midland Ter
minal Railway company for the deten-
tion Of cars beyond reasonable time
or beyond such time rs may be stipu-
lated for by the parties. 1t is further
ordered that approximate weekly set
Elements for freight traffic balances be
made each week by draft drawn not
more than four days after the end of
the week for which the same Is made,
and full monthly settlements for all
traffic balances shall he made as early
as practicable in each month for ac-
crued balances of the previous month.
The foregoing orders and directions are
to be binding on the parties during the
continuance of the receivership of the
Colorado Midland railroad, unless here
after otherwise ordered by the court,
or unless sooner changed or set aside
by mutual agreement between the re-
ceiver and the Midland Terminal Rail
road company"
The former contract between the
Midland and Midland Terminal gave
the former 81 and the latter 63 per cent
of the receipts from freight traffic. Re-
ceiver Ristine states that his last offer
to the Terminal people was IS per cent,
which was only per cent less than the
arbitrator allowed them. Both parties
to the controversy express themselves
as satisfied with the decision.