Gunnison news-champion., 1918-02-22
DETAILS OF NEW X. r. STOCK
KILLING AGREEMENT
{. 7. Stevens Says 1t Will Prove Very
Satisfactory and Was Bes, That
Could BE Secured.

Board of Stock Inspection Comm s.
siOners for this portion of the state
hands Us the text Of the recent agrcs-
rncnt between the stockmen and the
Colorado railroads over payment for
stock killed by the roads.
M Stevens tells Us that the ayr
D mcnt vas the best that could be So
cured and fairly satisfactory. 1t Is
believed 20 be long step in advanco
over the former hap-hazard plan Of
compensation. Here are the man
features Of the agreement.
The Railroad Companies several J
agrrc As follows with The
Colorado Stock Growers As
sociation and all Of ITS constituent To-
cal stock associations. parties of the
second part, and The Colorado State
Board of Stock Inspection Commis-
sioners, party OF the third part, for the
purpose Of facilitating the prompt
settlement OF claims for damages for
cattle, horses and mules killed or in
jurcd upon the night Of way of the
Railroad Companlcs parties hereto:
Witncsscth. That
Section !. From and after the lst
day Of February, 1918. 70 waive all
questions Of legal liability and as soon
as the facts involved can be ascer-
tanned TO settle all claims for cattle.
horses and mules killed or injured
through collision with their trains
subsequent TO February /. 1918, on
their respective railroad rights of way
at points where such rights of way
are not fenced or where the fence is
out Of repair 20 such an extent as not
to turn stock. upon the basis of value
specified in this section: Provided.
that any railroad right of way shall
be considered as fenced if it is pro
tcctcd by a barrier that will turn
stock as effectively as a barbed wiz
fence Of four wires with posts. il
wooden. not more than one rod apart
or II concrete, not more than twcD
cy frr apart; and provided, flu
lhcr, that whore the Railroad Compan
les have built fences and maintain
the same in good repair, and animal
crawl through or break down the
fence. the Railroad Companies vii
not be- required to pay for such ar
mails II killed or injured. The amour.
to be paid for the killing of any AM
nal subject to the terms of thu
agreement shall be the amount fixed
by the Colorado Tax Commission for
asscssable purposes during the GU
rent assessment year, to-wit, from
April lst to April lst, for animals Of
the same age, kind and class in The
county in which the collision oc-
Cured, and such amount shall berihe
maximum payment under this agree
mcnt.
The amount to be paid for killing
calves or colts under six months of
age shall be the reasonable worth
thereof at the time of killing, pro-
vided that such kind of animals were
not assessed for taxation. Animals
crippled to such an extent as to nee
essitate killing, to be paid for on the
same basis as animals killed. The
amount to be paid for the injury to an
animal subject to the terms Of this
agreement, where such injury is not
so serious as to cause the animals
death, shall be fair and reasonable
proportion of the amount which would
have been payable under the provis-
ions of this section had such animal
been killed.
Sec. 2. To issue instructions to
and endeavor in good faith to have
each section foreman in its employ
ment, skin cattle killed by collision
with its trains upon his section. to
tag the hides, and to ship the same
at its own expense to such point or
points on their respective lines
where a brand inspector is To-
Gated and as may be hereafter
mutually agreed upon.
ARTICLE ii
The parties Of the second part
jointly and severally agree as follows,
to-wit:
Section /. To be bound by and to
aid in good faith and in every reason
able way in carrying out the provis-
ions hereof and to use their best ef-
forts and earnest endeavor in per-
suading and inducing all stock men to
settle their claims for damage for ami
mails killed or injured on the right Of
way of the respective Railroad Com
panies, parties hereto, on the basis
hereinafter set forth, and in like
manner to notify and cause their
members and stock men to notify
Railroad Companies, through their
Superintendent and Claim Agents, in
writing, of the defective condition Of
siit hii iiehb VI way ltISts, C0t-
tie guards and gates, promptly upon
the discovery of such defective condi-
ton, designating as nearly as pos
sible, by mile post or otherwise, the
point or points at which the same or
any of these are out of repair, in
order to enable the Railroad Compan-
les to make repairs.
Sec. 2. Regardless of any other
provision of this agreement, no La
bility shall exist for the injury to or
killing of any animal or animals un-
less the owner thereof shall, within
30 days after such injury or killing,
mail written notice thereof.
Sec. 8. That in consideration of
the execution of this agreement it is
distinctly understood that all claims
against Railroad Companies for the
killing or injuring of animals of the
| kinds mentioned in this agreement.