The Meeker herald., 1896-08-29
ALL PEACEFUL NOW.
MIDLAND CONTEST sErrLxe.
J.Ass Caldwell. with the Assastaass - .
Railway Expert rixss The Prspssessa -
Receipts for the Two Roads.

Glenwood Springs, Aug. 3.-Jsdge
Caldwell Of the United States circuit
court, yesterday rendered his decision
In the contest between the Nidland
and Midland Terminal as to the freight
rates division. He had called In ". p.
Homan, an experienced railroad man,
to advise him In the matter. The D.
cree Is as follows:
"We ind the questions at issue to re-
late almost wholly to the divisions Of
earnings. 1t Is conceded by both par
ties that 81 to 90 per cent Of the total
traffic interchanged at Divide station
is business passing through Colombo
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 EAil-
way. by reason Of its position, II eati-
tied to more than a mileage pro rats Of
the through rates from or to points on
the Colorado Midland. We further III
that proper division Of the frete
traffic rates between the two railroad
on the above mentioned traffic to be b
per cent to the Midland Terminal Rail
way company, and Al per cent to the
Colorado Midland Railway company.
.The rates on all freight trnfIit 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 O, article 3 Of
the contract made between ti1e Termin-
al railway and the Colorado Midland
railroad, dated November 7, 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
iod from January 1. 1896, to June 30.
1896. the average detention Of cars Of
the Colorado Midland railroad on the
line Of the Terminal railway was over
twenty days. This great delay should
not continue. Unless a mere prompt
return shall be made In the future, the
receiver of the Colorado Midland rail-
road will be justified In mailing per
diem charge against the Midland Ter
mlnal Railway company for The deten-
tion of cars beyond reasonable time
or beyond such time as may be stipu-
lated for by the parties. 1t further
ordered that approximate weekly set
Elements for freight traffic bahnces be
made each week by draft drawn not
more than four days after tn. end Of
the week for which the same b made.
and full monthly settlements for Ill
traffic balances shall he made ~ cary
as practicable In each month for ne
crued balances Of the previous month.
The foregoing orders and directiOnA Re
to be binding on the parties during he
continuance Of the receivership of be
Colorado Midland railroad, unless hk-e-
after otherwise ordered by the cdrt,
or unless sooner changed or set aide
by mutual agreement between tho re.
ceiver and the Midland Terminal hill
road company"
The former contract between The
Midland and Midland Terminal Ave
the former 81 and the latter 63 per ant
OF the receipts from freight traffic. be
ceiver Ristine states that his last ofer
to the Terminal people was 55 per ctnt,
which was only per cent less thanthe
arbitrator allowed them. Both parties
to the controversy express themselves
as satisfied with the decision,