The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024637468 FIRST ANNUAL REPORT OF THE RAILROAD COMMISSIONER OF THE STATE OF COLORADO, FOR THE YEAR ENDING JUNE 30, 1888. DENVER, COLORADO: CoLLiKR & Cleaveland Lith. Co., State Printers. 1886. /^/f/6 State of Colorado, 1 Office of the Railroad Commissioner, V Denver, January 30, A. D. 1885. j To His Excellency, Benjamin H. Eaton, Governor of the State of Colorado: In compliance with the statute creating this office and defining the duties thereof, I have the honor to herewith submit the first annual report of the Railroad Commis- sioner of Colorado. The provision of law requiring this report reads as fol- lows : " The Railroad Coipnjissiiiprter shall, on or before the first day of December of 6ach 'ftds, make a report to the Governor of his doings for the preceding year, ending June 30, containing such facts, statements and explanations as will disclose the working of the system of railroad trans- portation in this State, and its relation to the general busi- ness and prosperity of the State, and such suggestions and recommendations in regard thereto as may to him seem appropriate." Section 1 1 requires railroad corporations to annually, between the first day of August and the first day of Sep- tember, make returns to the Commissioner in manner and form as he may prescribe ; to the end that the Commis- sioner may be enabled to make his report from the informa- tion thus furnished. As required by this section, the Commissioner pre- scribed the form of such returns, caused them to be printed, and forwarded the same to the respective railroad compa- nies on the twenty fifth day of July. Of the sixteen re- turns made, but one was made within the time prescribed ; and eight of them did not reach this office until the twelfth day of December, being twelve days after the Commission- 4 RAILROAD commissioner's REPOHT. er's report should have been made to your Excellency. This delay upon the part of the railroad companies is the cause of the delay in making this report within the time prescribed by statute. The Commissioner was repeatedly assured by the several companies that the work was pro- gressing as rapidly as possible, but that, from various causes, delay with them was unavoidable. One of the principal causes assigned was, that being the first return under the law, and the company having no knowledge of the information which the Commissioner would require, nor the form which he would prescribe for giving it, occa- sioned an increase of clerical labor over what will be neces- sary in making future returns. Other causes assigned were that the accounts of the company were kept differently from the manner in which they were required to be given ; that the ending of the fiscal year of the company being at a different date from that fixed by law for returns, required additional labor in making up the various accounts ; that the character and volume of information required, necessi- tated the overhauling of books, records, reports and files which were never kept with a view of furnishing matter for such returns. These several causes not only led to additional work ia preparing the returns, but in some instances rendered it impossible to give the required infor- mation within the time necessary to have it appear in this report. Improvement is promised in succeeding returns. The necessity first forced upon the Commissioner being to familiarize himself with the routine business of the office, he, immediately after qualifying, visited Iowa and Kansas to consult with the Railroad Commissioners of those States and gain a general knowledge of their practice under similar railroad statutes. To the Hon. Peter A. Day, of the Iowa Board, and Hon. E. J. Turner, Secretary of the Kansas Board, the Commissioner of Colorado is under great obli- gations for knowledge imparted, which enabled him to systematize the work of this office. RAILROAD commissioner's REP0R1\ 5 Having procured an office, necessary furniture, books and stationery, the Commissioner on the first day of May appointed William M. Cox, Secretary, as authorized by section three of the Railroad act. He discharged the duties of that office until June 15, when he resigned on account of ill health, and shortly afterwards died. He was selected solely on the grounds of his long railroad experience; and, had he survived, would have been a valuable adjunct to the Commissioner in the discharge of his duties. Henry Felker was appointed his successor, and has ever since performed the duties of the office. Finding that it was absolutely necessary in carrying on the work of the office to have the services of a stenographer and type writer, the Commis- sioner employed a competent person for such service, who has also acted as clerk both to the Commissioner and Sec- retary. The first principal work of the office was to gather infor- mation sufficient to enable the Commisioner to prepare blank forms of annual returns of railroad companies to the Commis- sioner, as required by law. This work was prosecuted to completion, as hereinbefore stated. The railway companies and the Pool Commissioner cheerfully furnished all classifi- cations, schedules, rate sheets, time tables and other informa- tion whenever requested. Railway officials without exception, from the first, manifested a willingness to assist the Commissioner in gaining a correct knowledge of railway management; and their kindly assistance has materially lightened the labors of the Commissioner and his Secretary in the discharge of their duties. RULES. Very soon after entering upon the discharge of the duties of the office, the Commissioner became convinced that it would be necessary to have some settled rules gov- 6 EAILEOAD COMMISSIONEE S KEPOET. erning the manner of making complaints and the proceed- ings subsequent thereon. Parties would appear before the Commissioner, make &n oral complaint and ask that the same be investigated. When requested to reduce the same to writing, or even sign the same after written out by the Commissioner, they would almost invariably decline to do so. They evidently were either afraid of the railroad officials, or were laboring under the belief, that if the Com- missioner bore the relation of complainant in the case, an investigation by the Commissioner would be more likely to be followed by a decision against the railroad company. However blind to prejudice the Commissioner might be in such a proceeding, he did not feel like assuming the responsibility of being prosecuting witness, prosecuting attorney and jury, all in the same case; and in order that the people might know the steps necessary to be taken to put on foot an investigation by the Commissioner, the fol- lowing rules were adopted: J^z'r.fz'— All questions submitted to the Commissioner for his opinion, or complaints against railway companies upon which an examination is sought, must be made in writing and signed by the person or persons or corporation making or submitting the same. Second — Where the rate of passenger fare or freight tariff is claimed to be extortionate on any line of railroad, or portion thereof, and such extortionate rate or tariff affects the community generally along such line of road, and the relief sought is a reduction of such rate or tariff, the complaint must be made and signed, either by the County Commissioners or twenty-five citizens of the county through which such offending railroad runs. Third — In cases of unjust discrimination against a locality or community, the complaint must be made by the County Commissioners of the county embracing such locality, or by twenty-five citizens of the locality or com- munity injuriously affected. RAILROAD commissioner's REPORT. 7 Fourth — In all cases of unjust discrimination or extor- tion that injures an individual, firm or corporation, or a particular branch of business or trade in which such per- son, firm or corporation shall be engaged, the complaint must be made by the injured 'party, his agent or attorney. Any number of persons or corporations injured by the same cajise may join as complainants in such complaint. Fifth — All other complaints must be made by the party who suffers the injury complained of, his agent or attorney. Sixth — All complaints must contain a plain, intelligible statement of the facts constituting the grievance to be investigated, together with the relief asked for. No par- ticular form or statement will be required. Complaints mailed to the Commissioner will receive the same prompt attention as though personally presented. Should addi- tional facts be deemed necessary, the complainant will be notifiedat once. Seventh — Upon presentation of the complaint, the Com missioner will immediately notify the railway company charged, of the substance of the complaint, and unless relief be granted to the complainant within a reasonable time thereafter, an examination will be ordered, of which both parties will be given reasonable notice. That examinations might be limited to the matters actually in dispute, and the Commissioner apprised of the facts he would be called upon to investigate, the following rules were subsequently made concerning the answer of respondent : Eighth — If respondent company desires to defend against such yroceedings, either by denying the matters set forth in the complaint or petition, or by interposing an affirmative defense to the relief asked, such respondent shall, within ten days after receiving a copy of such complaint, make and file in the office of the Commissioner an answer in writing setting forth such defense. 8 RAILROAD commissioner's REPORT. Ninth — If any new matter be set forth in respondent's answer, the conmplainant must, within five days after receiving notice thereof, deny the same, or such defense shall stand admitted. Tenth — The question of jurisdiction of the Commis- sioner, may be raised- either by demurrer or answer. Eleventh — In all disputed questions of fact, the issue must be supported either by affidavit, if not objected to, or oral testimony, to the end that the same may be preserved with the record and files of the case, and determinations be founded upon the true state of facts. The foregoing rules were established as well for the pro- tection of the rights of the parties, as for greater certainty of the Commissioner's arriving at a correct conclusion on the merits of the controversy. SCOPE OF REPORT. Under the law, a large discretionary power is left to the Commissioner, both as to the information to be required of the railroad companies and the contents of his report. The information necessary to " fully disclose the working of the system of railroad transportation and its relation to the general business and prosperity of the State," embraces a limitless field of investigation. It is fair to presume, how- ever, that the law contemplated that the scope of the report should be bounded by the Commissioner's knowledge of the subject. Having entered upon the duties of the office on the seventh day of April last past, and toeing required to report his doings from that time only to the close of the fiscal year ending June 30, following, it cannot be expected that the Commissioner will be able to embrace in this report only a small portion of the subject matter designed by the law to be reported. And as another year will elapse KAILEOAD commissioner's REPORT. 9 before the meeting of the General Assembly and another year of experience be added to the general stock of intelli- gence on the working of the railroad system under the law of this State, I shall refrain from making "suggestions aiid recommendations," and confine myself to the information actually gathered and the things I have actually done during such fractional part of the past fiscal year. As the first business of a railroad corporation after organization is to issue stock and bonds, that order will be preserved in commencing this report. STOCK. The Denver and Middle Park and the Georgetown, Breckenridge and Leadville railroad companies have returned no stock issued. The Atchison, Topeka and Santa Fe Railroad Company reports ^11,381,900 stock issued in exchange for stock of other companies whose lines of road are operated by that company. The returns of the Pueblo and Arkansas Valley Railroad Company shows that all of its stock is owned by the Atchison, To- peka and Santa Fe Railroad Company, excepting nine shares held (one share each) by the Directors, amounting to ;^900. The total issue of stock of the last-named com- pany, amounting to ;^5,6i6,200, less the nine shares of Director's stock, is included in the ;^ 11,381,900 of exchange stock reported by the Atchison, Topeka and Santa Fe Rail- road Company as aforesaid. In point of fact the Pueblo and Arkansas Valley Railroad Company's stock no longer represents any road, except for the purpose of control. The stock representing the 282.11 miles of Pueblo and Arkansas Valley Railroad appears in the following tabu- lated statement as stock of the Atchison, Topeka and Santa Fe Railroaid Company for road in Colorado. 10 EAILEOAD commissioner's EEPOET. The Denver and Rio Grande Railway Company reports 1^38,000,000 of stock issued upon 1,317 miles of road. This includes 156.32 miles of road in New Mexico. No proportion for Colorado is given, and the Commissioner is unable to make other than an arbitrary division, which might be far from a correct proportionate share for this State. These pieces of road in New Mexico being only a small and profitless part of a whole, which is practically a Colorado system of railroad, the entire 1,317 miles through- out this report are treated as Colorado railroad. The total amount of stock reported is ;^ 177,476,750. Deducting the mileage upon which no stock has been issued, makes an average of ^28,661.43 per mile on 6,192.18 miles of reported road. The total stock representing road in this State upon which stock has been issued is ;^75,2I5,- 017.74, or ;^25,202.38 per mile. The total number of stockholders reported is 8,774. The number of holders in Colorado is sixty-nine. The amount held in Colorado is ^2,977,575. This includes ;^2,740,ooo of D. & N. O. stock held in trust. DEBT. The Georgetown, Breckenridge and Leadville, and the Denver and Middle Park Railroad Companies each report no funded 'debt, and the former but ;^6,952.92 of floating debt. The stocking and bonding of these roads have not been forgotten. From the report of the directors of the Union Pacific Railway Company to its stockholders for the year ending December 31, 1884, it appears that the roads were built in the interests of the latter company, and that an early issue of securities is anticipated. EAILEOAD COMMISSIONEe's EEPOET. 11 The entire debt of the Pueblo and Arkansas Valley Railroad Company, amounting to ;^4,875,ooo funded, ;?79,- 540.01 floating debt, and aggregating ;^4,954,540.oi, is assumed by the Atchison, Topeka and Santa Fe Railroad Company, and is embraced in its return as that amount of debt, representing its road in Colorado. The total debt, funded and floating, on all roads report- ing, excepting the Denver and. Middle Park, and the Georgetown, Breckenridge and Leadville Railroads, and aggregating 6,192.18 miles, is ;^2 12,424,746.87, or ^34,- 305.32 per mile. The total debt representing road in Colorado, excepting the same two companies, is 1^75,586,- 612.04, or ^25,326.91 per mile. STOCK AND DEBT. The total stock and debt amounts to ;^400,oi4,9i8 94, or ^64,600.01 per mile. • The stock and debt representing the road in Colorado is ;^ 1 50,80 1, 629.78. This is an average of ;g50,5 29.29 per mile. There is no apparent difference between narrow and standard gauge road, in capacity to issue stock and carry debt. The following table shows the stock, debt and total thereof, together with the stock and debt per mile of road m Colorado,, of each company, as it was returned to this office. 12 KAILKOAD COMMISSIONER S REPORT. RAILROAD, Miles. Stock. Debt. Stock and Debt. Stock and Debt Per Mile. A., T. & S. F. 282.11 ;j5,6i6,2oo 00 J4.954.540 01 $10,570,740 01 $37,471 60 B. & C 174.89 4,026,000 00 4,026,000 CO 8,052,000 00 46,040 36 C. C 327.07 6,230,300 00 4,788,000 00 11,018,300 00 33,688 51 D. C 6.25 300,000 00 205,031 38 505,031 38 80,805 02 D., U. & P 33-30 687,000 00 618,000 00 1,305,000 00 39,189 18 D. & R. G 1,317.00 38,000,000 00 28,623,000 00 66,623,000 00 50,586 93 D., S. P. & P. 322.15 6,142,800 00 6,317,291 00 12,460,091 00 38,667 92 D. & N. 137-54 2,740,900 00 2,535,231 66 5,726,131 66 38,360 42 D. &B.V 27.00 700,000 00 598,105 18 1,298,105 18 47,662 95 *D & M P... *G B & L G. B. & C 5-09 60,000 00 60,000 00 120,000 00 20,000 00 G., S. L. & P. 53-9° 808,500 00 808,000 00 1,616,500 00 29,990 72 U. P; Con 298.14 9.903,317 74 22,053,412 81 31.956,730 55 107,180 28 Total 2,984.44 ^75.215,017 74 $75,586,612 04 $159,801,629 78 $50,529 29 * No stock nor bonds issued. COST. It is impossible to gather from the returns made to this office, any correct information of the actual cost of building and equipping the railroads in this State. Sufficient does , appear to indicate that railroad construction was, in the majority of cases, inaugurated solely as a speculative enter- prise and upon a strictly speculative basis. The original cash outlay appears to have been confined to the purchase of sufficient printer's ink and paper out of which to manu- facture stock books and blank bonds. Two sets of specu- lators engaged in the enterprise. First, railroad incorpora- tors; second, railroad constructers. Two organized com- panies, often so closely intermingled as to be undistinguish- able, but still ever present and enjoying an alleged individ- uality. The first, ground out the stock and bonds at a profit ; the second threw the road together at a profit, and RAILED AD COMMISSIONEK's , EEPOET. 13 the deluded capitalist invested at a loss. The result of the enterprise, as it comes down to us, is millions of stock, millions of bonds and some half-constructed railroad. Right here commences the labor of working out the rail- way problem. The capitalist who has in good faith invested his money, asks for a just return upon his investment. The people demand that such return shall be based upon the actual cost. The books containing the accounts of the construction company are not in the possession of the stockholders, the bondholders, nor the railroad company. The only information obtainable from these returns, is the amount of stock and bonds issued and delivered in pay- ment of construction. Their value, as fixed by the con- tracting parties, is unknown. That the stock largely repre- sents fictitious capital is unquestionable. That the bonds were sold far below par is beyond doubt. Stock and bonds were the only things in sight to build with, and they had to be disposed of for w.hatever they would bring in the money market. It must also be borne in mind, that labor and material were very much higher at the time of construction of Colorado roads than at-present; and that the actual cost, whatever that may be, was pro- portionately greater than the same roads could be built for now. In looking over the whole ground, and giving railroad companies due credit for their part in the work .of develop- ment of the resources of the State and building up its present financial and commercial standing, one cannot help but admit that they have tjeen worth, and are to-day worth, all of the sacrifice made in building them. They are to-day worth to the State as much as they are represented to have cost in construction. Though most of them were poorly constructed, most of them are at the present time being creditably reconstructed. The only question for solution is, what proportionate sum of reported cost shall constitute a basis for computation of transportation rates. 14 RAILROAD COMMISSIONERS REPORT. Most of the companies have returned their entire stock and bonds as being issued for construction. The Colorado Central, the Denver, Utah and Pacific and the Denver and New Orleans are the only roads that have fullj'^ reported the cost of road and equipment separately. The Denver Circle reports nothing of its cost, or anything else worth mentioning. The Denver and Boulder Valley reports neither cost or equipment. The Pqeblo and Arkansas Valley is leased to, and equipped by, the Atchison, Topeka and Santa Fe. The Denver and Middle Park, Georgetown, Breckenridge and Leadville, the Golden, Boulder and Cari- bou and Greeley, Salt Lake and Pacific railroads are equipped by the Union Pacific Railway Company. The following statementj together with table No. V, will show the meagjer information returned to this office; and how utterly futile it would be to attempt any computation of the actual cost of construction. COST OF ROAD IN COLORADO. BAII^OAD. PER MILE. B. &C C. C D. C D. U. & P D. & R. G D.,S. P. &P.. D. &N. O D. & B. V D. &M. P G. B. & L G. B. & C G., S. L, & P.., P. & A. V U. P. Con ^10,708,563 14 t 1,305,000 00 3,015,136 79 29^720 90 428,380 8 I 120,000 00 1,616,500 00 10,150,624 41 $ 515.805 73 40,000 GO- 109,653 88 269,431 90 $ 8,166,707 81 11,224,368 87 1,414,653 88 66,623,000 GO 12,747,291 38 3,284,568 69 25,884,464 II S 46,697 92 34,318 00 39,189 18 50,586 94 39>569 43 23,880 65 86,819 83 * Not reported separately. X Equipped by U. P. Con. \ Not reported. \ Equipped by A. T. & S. F. KAILEOAD commissioner's REPORT. 15 TRACK IN COLORADO. There are in the State, exclusive of sidings, 1,245.95 miles of standard, and 1,594.56 miles of narrow gauge road. Total miles, 2,840.51. Miles of road operated in' State, 2,- 796.51,; there being 44 miles of road owned by the Colo- rado Central Railroad Company, from Fort Collins to Colo- rado Junction, which is not operated. There are 138.9 miles of three-rail track; 168.96 miles of broad gauge, and 196.02 miles of narrow gauge siding. . Table No. XIV. shows the length of siding at each station on each railroad. By comparison with the return of business done at each station, an estimate can be made whether siding capacity is sufficient for character and amount of business at each stational point. Track compositicm consists of 814.95 miles of steel, and 43 1 miles of iron rail on standard gauge roads ; and 1,278.84 miles of steel, and 315.72 miles of iron rail on narrow gauge roads. The weight .of narrow gauge iron rail runs from 30 to 56 pounds per yard, and from 30 to 45 pounds of steel rail per yard. Standard gauge steel rail runs from 52 to 61 pounds per yard, and iron rail from 48 to 56 pounds per yard. The following table shows the number of miles of stand- ard and narrow gauge track; number of miles of steel and iron rails in line track, together with the curvature, tangent and siding of each respective road : 16 KAILKOAD COMMISSIONER S REPORT. BROAD GAUGE. ROADS. B. & C C. C D. &B, V D. & N. O G. B. &C G. S. &P A., T. &S. F U. P. Con Total * Not reported. Miles. Steel. Iron. Curvature. Tangent. Siding. 174.S9 281.72 27 00 I37-S4 5.09 39.46 282.11 298.14 174.89 151. rfi 132.76 i65:S4 190.60 130,56 27.00 4.78 5.09 39.46 116,57 107.54 1,245.95 814,95 431.00 16,937 55-"5 8,208 1,371 13.939 57-584 42.250 157.970 239,240 18,791 3.780 39.960 224.521 245.277 19.69 36.40 7.60 7.40 2.65 7.00 43.62 44,60 168.96- NARROW GAUGE. ROADS. Miles. Steel. Iron. Curvature Tangent. Siding. c. c 45-35 6.25 1,160.68 332.15 3.92 33-3° 8-47 14,44 ig.i2 26.23 6.25 ■ 150,45 9S.05 3-92 33-30 .20 * t 337880 96.364 1-794 t 3-619 * * « D C t 938.000 220.895 2.205 t 4,850 * .40 156,07 29.40 D. &R. G D., S. P. &P D,&M,P ,1,010.23 227.10 D., U. & P 5.40 I. II G. B. &L G. S. &P - 8.27 14.44 Total 1,594.56 1,279.16 315-40 196.02 * Reported with B. G. f Not reported. CURVATURE. The aggregate length of curvature and tangent ought to equal the aggregate length of line track, but it will be seen from the foregoing table that three of the companies do not '" ™ 17 EAILEOAD COMMISSIONERS REPORT. report at all, and but few of them correctly. Of the com- panies reporting on this subject, there are 27.57 miles more of curvature apd tangent than there is of road. There is no excuse for this negligence and carelessness in making returns. The correct information must be in the office of the chief engineer or resident engineer, and should not only be given, but given correctly. Curvature and grade con- stitute very important elements in the calculation of cost of transportation, and the Commissioner should have accurate information of these conditions. From the best calculations that can be made from all of the returns, the curvature is 29^ per cent., and the tangent 70^ per cent, of Colorado road. SECTIONS. There are 460 track- sections. Average length, 6.4 miles; average men in gang, 4.41, making in all 2,028 men regularly employed as section hands. This does not include the Denver and New Orleans railroad. While it reports 19 sections of average length of 7.5 miles each, it reports what it is pleased to call "three floating^gangs of five men each," making fifteen men on 137.54 miles of road. From the looks of the road-bed and track, at the time of the Commissioner's inspection, one would be led to believe that the principle business of the three gangs was to float. Only three men of the entire force were visible, and they appeared alrnost ready and wiUing to float. From an economical standpoint, it would seeni advisable that the road master on this line arrange to shift his force by electricity. It would save flesh and insure certainty of getting there. RAILED AD COMMISSIONER'S REPORT. RAILS. Total rails laid during the year, 93.18 miles; of which .72 miles were steel, and .46 miles were iron. The aver- e life of steel is 9.3 years, and iron 6.7 years. The nar- iw gauge roads are increasing the weight of rail to rrespond with the increased weight of rolling stock. TIES. The average number of ties to the mile is 2,661 ; aver- e life five years. This is longer than the large pro- rtion of ties, of the kind put in Colorado roads, will last. )ur years would be a more certain calculation. The num- r laid during the year is 755,653; being 270.2 per mile road. Of this number the Denver and Rio Grande lilway Company laid 363,996, and the Union Pacific Con- lidated Railway Company on its lines in Colorado, 3-314- BRIDGES. Total in State, 3,591; of which number 148 are wooden iss, 4 combination, 80 iron, 3,354 wooden trestle and pile, d 5 iron trestle. The aggregate length of all is 175,643 ;t. There have been built during the year 35 ; aggregate igth thereof, 1,981 feet. On all roads except the Denver d Rio Grande railway, the life of trestle and pile is eight ten years ; wooden truss, ten to twelve years. The Den- r and Rio Grand railway report life of trestle and pile e years, and wooden truss eight years.,^' Old bridges on is road are being renewed by permanent structures. EAILKOAD commissioner's REPORT. 19 CULVERTS. Of arch culverts and viaducts there are 25. Of box cul- verts there are 2,335 timber, and loi stone. As rebuilding progresses, it will be found economy to substitute stone for timber. The more substantial becomes the roadway, the less liability to stoppage of commerce over the road. FENCING. Total miles on all roads in State, 2 1 1 .67. Average cost per rod, ;^I.I3. There appears to be a wide difference in the reported cost of building railroad fence. It ranges from 60 cents to ;^2.03 per rod. This difference is probably largely due to difference in quality of fence. It is a matter of serious doubt whether a statutory fence can be built for 60 cents per rod. Nothing short of a lawful fence would be any protection to railroad companies. CROSSINGS. Total railroad crossings, 46; highway crossings, 703. This does not include highway crossings on the Denver and Rio Grande railway, which company did not report such crossings, but assigned as a reason therefor that it had no data. There are 4 elevated railroad crossings and 1 1 highway crossings. All others are at grade. It becomes more and more important every year, as the country set- tles up, that attention be given to safety at highway cross- ings. A large per cent, of the accidents, happening to other than employes, occur at highway crossings. It is quite important that the Commissioner be possessed of this information, and it will therefore be expected in the next annual returns. 20 EAILKOAD commissioner's REPORT, CATTLE GUARDS. Seven hundred and twenty-eight cattle guards are reported. The Atchison, Topeka and Santa Fe railroad, and the Den- ver and Rio Grande railway, reported no data. This data , is easily obtained, and will be expected to be furnished hereafter. There is a growing necessity for the construc- tion of cattle' guards, not merely for the protection of prop- erty, but to insure safety to the traveling public. EQUIPMENT. On 6,058 miles of operated road, there is the following equipment, and the average distance covered by one piece of specified equipment: CLASSIFIED. Passenger locomotives Freight locomotives All other locomotives.. Passenger cars Baggage, mail and express cars Chair, sleeping and dining cars Box freight cars Stock cars Platform and coal cars All other cars Total number of cars Number. Miles. =43 24.93 679 8.92 46 487 12.44 271 «-35 73 51. 1 2,346 .409 =,477 2.85 8,246 .72 21.359 .28 =6,384 .22 No companies report chair, sleeping, officer's, dining and buffet cars', except the Atchison, Topeka and Santa Fe Railroad Company, the Denver, South Park and Pacific Railway Company and the Union Pacific Consolidated Railway Company, comprising 4,022.54 miles of operated EAILEOAD COMMISSIOKEe's REPOET. 21 road ; on which are reported 73 in all of such cars, or one for every 55.1' miles of road. The average weight of standard gauge locomotives with tender attached, is 50 tons; of narrow gauge, 38 tons. Average weight of stand- ard gauge passenger cars is 21.5 tons; of narrow gauge, 14.6 tons. The total number of locomotives, is 968, of which number 751 are equipped with train brakes. The total number of cars, is 26,384, of which number 15,448 are equipped with air brakes. PROPERTY ACCOUNTS. Without explanation, the following table might lead to the belief that it represented only work and material expended upon the road during the year by which the capital and debt had been increased. The debits and credits in this account should show only such permanent addition to the property as augment capital or increase debt funded or floating; and which addition and the expenditure there- for has been made during the year. The returns of the Atchison, Topeka and Santa Fe Rail- road Company, as lessee of the Pueblo and Arkansas Valley Railroad Company, returns net addition. to the road of lessor during the year of ^1,186,643.64, when only ;^ii8,- 380.60 had actually been expended during the year. This is accounted for from the fact that the difference of ^1,068,- 262.04 had been expended by the lessees for permanent addition to the road of lessor during the six previous years, and carried in the suspense account of the Atchison, Topeka and Santa Fe Railroad Company; and finally, and during the last year, properly transferred to the account of the Pueblo and Arkansas Valley Railroad Company. These 22 RAILROAD commissioner's REPORT. facts fully appear in the returns made by the latter company. The other principal charge appearing in this account comes from the Denver, South Park and Pacific Railway Company, in its extension of road and branches during the year, amounting in the aggregate to ;^2,o5o,ooo. PROPERTY ACCOUNTS. Qrading Bridging and masonry , , Superstructure, including rails Land, land damages and fencing Stations, coal sheds and water stations Engine houses, car sheds and turn-tables Machine shops, machinery and tools Engineering, salaries and agencies in construction. Purchase of other road And all other fixtures and expenses , Total for construction EQUIPMENT. Locomotives and air brakes Snow plows and transfer trucks, etc Passenger, mail, express and baggage cars Parlor, dining and .sleeping cars , Freight and other cars, and air brakes on same.... I 'ft Wrecking cars, pile drivers and tools Total for equipment Other expenditures Total charged to these accounts..... Credits to these accounts Net addition for the year $ 58,745 24 172,824 55 601,348 05 150,104 58 484,031 04 46,486 24 121,798 79 17,373 94 2,324,959 49 '^3,884,170 ig $ 74,8j6 06 1. 741 30 28,651 12 50,541 60 46,995 38 22,031 25 $648,890 17 1,310,352 03 iS5.843.412 39 260,944 82 $5,582,467 57 Deducting from the foregoing total net addition, the sum of ^1,068,262.04 appearing in the Pueblo and Arkansas EAILROAD COMMISSIONER 8 REPORT. 23 Valley Railroad Company returns, as additions made pre- vious to the last year, and the true amount of charges'knd credit by which the capital and debt have been increased during the year ending June 30, A. D. 1885, is;^4,5"i4,202.53. EARNINGS. The gross earnings for the whole 6,058.38 miles of road reported, amounts to ;^40,436,054.33 or ^6,676.04 per mile. The returns of the Atchison, Topeka and ' Santa Fe Railroad Company do not show separate earnings for Colorado, nor the percentage thereof^ to the earnings of the entire line. In consequence, there is no data in this office which will form a basis upon which to calculate the entire Colorado earnings. The Union Pacific Consolidated Rail- way Company return-ed its proportion of Colorado earnings at ;^2, 1 52,414.68 on 298.14 miles of road. This proportion of earnings added to all other reported earnings in the State, exclusive of the Atchison, Topeka and Santa Fe Railroad, makes a gross earning of ^i 1,205,934.83 on 2,514.4 miles of road operated in the State, or ^4,456.70 per mile. Following is the source of total earnings : Amount. Per Cent. Passenger, Mail and Express.. Freight All other sources Total $ 11,164,780 07 28,344,615 96 926,658 30 S 40,436.055 33 27.61 70.10 2.29 100.00 24 RAILROAD COMMISSIONERS REPORT. EARNINGS PER MILE OE ROAD AND PER TRAIN MILE. RAILROADS. Per Mile of Road. Passenger Per Train Mile. Freight Per Train Mile. Gross Per Train Mile. t 7,315 78 3,730 25 4,938 15 3,600 00 1,827 95 4,168 64 3,423 67 874 33 3,584 96 ' 233 71 1,376 51 6,837 64 1,224 87 9,729 56 1.58 •78 .86 .62s ■23 1.22 1. 21 .36 .56 .61 2-35 =•34 2.54 3.12 3-15 1.62 2.88 1-47 1.24 2.07 •94 4. JO S.62 1.30 2.19 2.18 1.63 1.76 .62s 1.03 2.13 1.41 666 Denver Circle Denver, South Park and Pacific 1-55 •94 1.26 S.61 88 Ge'o'town, Breckenridge and Leadv... Greeley Salt Lake and Pacific Union Pacific Consolidated 2.23 EXPENSES. Following is the division of expenses on the entire operated road returned to this office. Amount. Per Cent. Way and huildings Motive power and cars Conducting transportation.... General expenses and taxes.. * Total .... $ 6,405,992 91 3,587,162 47 9,903,088 78 3,642,115 36 27.21. 15.24 42.07 15-48 $ 23,538,359 52 Per mile of road operated, $i,?>?>g.26. The Denver Circle Railroad Company returns no expenses; the reason assigned is, lack of knowledge. Shortly after its returns were tnade, the road passed into EAILEOAD COMMISSIONER S, BEPORT. 25 the hands of a Receiver, who will probably, under advice of the Court, keep an expense account. The Atchison, Topeka and Santa Fe Railroad Company has not returned separate expenses chargeable to its road in Colorado. The total expenses chargeable to roads in Colorado cannot, therefore, be given. Exclusive of the two roads last named, the expenses chargeable to road in Colorado, is ^8,164,071.92, or ^3,255.02 per mile. OPERATING EXPENSES IN DETAIL. CLASSIFICATION. Repairs of road-bed and track Renewal of rails Renewal of ties Repairs of bridges and culverts Repairs of fences and road crossings Repairs of buildings Repairs of locomotives Repairs of passenger cars Repairs of freight cars , Fuel for locomotives Water supply Oil and waste., Locomotive service Passenger train service Passenger train supplies Mileage of passenger cars (debit balance).. Freight train service Freight train supplies Mileage of freight cars (debit balance) Track rental Telegraph expenses Loss and damage to freight and baggage... Amount. Per Cent. $ 3,887,608 00 542,685 37 782,998 68 555,373 50 67,613 43 435,732 18 1,607,674 47 559,576 61 1,419,9" 39 2,^52,046 21 232,169 24 283,081 52 2,193,366 56 1,199,882 50 151,107 24 62,876 73 488,053^44 72,176 45 8,664 61 141,219 05 287,734 12 50,390 49 16.52 2.31 3-33 2.36 ■30 2.34 6.04 9.18 i.oo 1.21 9.32 5.10 .65 .27 2.08 ■36 .04 .55 1.23 26 RAILROAD COMMISSIONERS REPORT. OPERATIIVTG EXPEKSES. CONTIWUED. CLASSIFICATION. Per Cent, Damage to property and cattle.. . . Personal injuries , Agents and station service StAtion supplies Salaries Legal expenses Insurance Stationery and printing Outside agencies and advertising . Contingencies Total taxes paid 1 75.931 39 105,032 59 1,864,739 9^ 137*283 72 478,022 46 181,202-35 45,615 38 185,189 31 889,256 21 758,745 63 1,538,773 59 EARI^INGS AJSTD EXPENSES. The earnings arid expenses of the entire 6,058.38 miles of road, for the year ending June 30, A. D. 1885, were as follows : Total earnings Total expenses Total net earnings., $ 40.435,554 33 23,538,359 52 $ 16,897,194 81 The net earnings per mile of operated road were $2,'7Sg.04. The total expenses were 58.21 per cent, of the gross earnings. The following roads, entirely within this State, were operated at a loss. The expenses exceeded the earnings to the amount set opposite each road: RAILROAD commissioner's REPORT. 27 The Denver, Utah and Pacific The Denver, South Park and Pacific . The Denver and New Orleans The Denver and Middle Park The Georgetown, Breckenridge and Leadville.. The Greeley, Salt Lake and Pacific Total loss $ 2,325 90 "7.S4I 36 21,041 12 1,323 22 8,490 30 31,331 S8 «$i82,o8i 48 *0r ^323. IS per mile. The expenses included in the following comparative table does not include interest on funded debt. Computa- tion is based on net earnings over operating expenses. The black face figures show excess of expenses over earnings : EXPENSES COMPARED WITH EARNINGS. RAltROADS. bog w; ■s»'a S MM w 4) u 5 4) u 5 is « rt ^S> PU ' ; hDT3 3 a c: Atchison, Topeka and Santa Fe Burlington and Colorado Colorado Central Denver Circle Denver, Utah and Pacific Denver and Rio Grande Denver, South Park and Pacific Denver and New Orleans Denver and Boulder Valley Denver and Middle Park Georgetown, Breckenridge & L'vlle. Golden, Boulder and Caribou Greeley, Salt Lake and Pacific Union Pacific Consolidated 2.18 1.63 1.76 .625 1.03 2,13 1. 41 .666 1.55 .94 1.26 5.61 1.23 •95 1.31 1 08 1.50 1.63 .807 1. 31 2.33 2^18 2.42 1,32 1.178 ■9S .05 1.63 .22 .HI .24 1.39 .92 319 Ai 1.052 55-91 58.10 7185 103.80 70.10 110.36 117.00 83.11 244.45 172.82 43-17 146.68 '50,98 13.86 6.79 3.22 6.02 5-97 3-38 3-57 2-58 16.52 5.60 '28 RAILROAD COMMISSIONER S REPORT. TAXES. The total amount of taxes paid in the State of Colorado by railroad companies is ^606,860.77, each company pay- ing in the following amount : Atchison, Topeka and Santa Fe Burlington and Colorado Colorado Central Denver Circle •. Denver, Utah and Pacific Denver and Rio Grande Denver, South Park and Pacific Denver and New Orleans Denver and Boulder Valley Denver and Middle Park Georgetown, Breckenridge and Leadville , Golden, Boulder ^.nd Caribou Greeley, Salt Lake and Pacific Union Pacific Consolidated Total * Not assessed. MILEAGE TRAFFIC. $ 63*987 06 25>539 70 90,708 30 1*550 00 7,009 20 226,313 16 95,204 18 19,661 37 8,540 58 1,186 43 1,987 II 19,064 32 46,209 36 $ 606,860 77 By reason of the Denver and Rio Grande Railway Company and the Burlington and Colorado Railroad Com- pany returning "No Data" for train mileage except pas- senger and freight, it becomes impossible to give the com- plete mileage traffic of all the roads. The following mile- age table shows train mileage as reported : RAILKOAD COMMISSIONERS REPORT. 2.9 TRAIN MILEAGE. ROADS. Passenger. Freight. Other Trains. Total. Atchison, Topeka and Santa Fe ■2,272^379 255,605 466,096 ■ 36,000 22,400 1,151,324 190,194 114,580 21,089 16 7,505 24 40,119 2,239,289 3,846,008 144,047 301,843 1,437,042 * 7,555,429 399,652 805,605 37,666 36,000 58,365 2,557,719 853,263 213,822 63,056 Denver, Utah and Pacific Denver and Rio Grande: Denver, South. Park and Pacific Denver and New Orleans 32,650 1,406,395 557,087 60,492' 40,503 962 1,722 6,180 34,690 5,475,523 3,315 * 105,982 38,750 1,464 440 8,214 48 5,255 266,122 1,418 Georgetown, Breckenridge & L'ville 17,441 6,252 Greeley, Salt Lake and Pacific 80,063 7,980,934 Total 6,816,620 11,908,102 1,904,297 20,629,019 ' * -Not reported. The proportion of train mileage to miles of operated road shows service furnished. The total miles of road op- erated, is 6,058.38. The average number .of miles run by- trains in the different service per mile of road operated, -is as follows: Passenger trains 1,125.16 Freight trains 1,965-56 AH trains earning revenue v 3.090-7r All trains 3,405.04 Train mileage shows effort to do business; tonnage and passengers carried, business- done. Cost of transportation depends largely upon the amount of train mileage; and when ascertained, volume of business determines the rea- sonableness of rate. 80 RAILKbAD commissioner's REPORT. PASSENGER TRAl'TIC. Number carried. Carried one mile. Av. dis- tance each traveled. Average am't each paid. Average rate per mile. Speed of A.,T. &S, F,. B, & C C, C D, C D,,U, &P .... D, & R, G D,,S. P. & P,. D, & N. O D, StB, V D.&M. P G.,B, &L G , B, & C G.,S. L,&P„,. U. P, Con Total 1,128,470 115,604,927 102,44 32,172 5,110,881 158,86 169,470 8,002,964 47.223 4,472 103,675 23, 234,048 23,369,19? 99- 59.56^ 2,979,884 50,026 28,613 1,512,998 5288 12,253 * 278,775 21,631 110,772 5. 12 271 1,571 5.797 23,708 424,969 17925 1,283,619 138,686,370 108.04 2,998,293 296,126,976^ 98,76 2,66 ,0260 4-77 •03 1,996 ,0422 1,15 .0497 4-37 : ■0438 3.161 .0631 1.016 .019 » .0416 .21 .041 ,23 .0362 ,765 .0426 3097 .0286 3.73 .0377 26,5 30. 23. 261^. 15- 30. 22 4 24- 28, The fol-egoing table embraces all passenger traffic, both local and through, inclusive of free, commutation, excursion and full fare business. None of this business is reported separately; neither is train mileage in Colorado. Any computation, of averagte rate per mile of legitimate Colo- rado passenger traffic, predicated upon information in this office, would be unreliable. That it greatly exceeds the rate stated in the table, is apparent from the schedule of "rates published by each road. Passengers carried. per mile of road operated, 48,878. The number carried on our roads in proportion to train mileage is much less, while the distance traveled by each passenger is much greater than on roads in more densely populated States. KAILROAD COMMISSIONERS EEPOET. 31 FREIGHT TRAFFIC. ROADS. ■s •c ! ■ a .as m s.1„. 1^ rt. ftrt P4 0.- A , T. & S. F , B. & C , C C 2,541,072.6 133,116 334,857 ■ 623,585,376 22,380,083 28,226,708 .01561 .0201 ■0374 . 0.1567 .0179 •031S .01566 .0201 •0333 15 . IS 13 D. C D U & P 51,876 1,003,666 19T.307, 69,551 190 772 4,531 6,461 69.931 59.379 3,244,133 1,212,130 135,493,424 15,051,463 5,524,524 4,175.213 18,458 27,539 419,577 1,935,514 797,869,041 .026 .0214 ,.0652 .0188 •045 .0318 .0458 .0133 .0209 .0496 .2565 •0433 .0297 .0542 ■0133 .0195 .4096 •2565 .0B28 .0230 .0148 D & R G .. . . 15 v., S P. & P D. & N. O 15 D. & B V D & M. P G , B & I • .0828 .0161 .0125 G., B &C 16 6 G S L & P . .0438 .0156 9 ■35 U. P Con Total 7,901,152.6 — # — 1,635,919,050 12.83 1 V One unaccountable feature of rate-making appears in the foregoing table. On three of the above roads the rate per ton per mile on through freight is greater than on local. No cause therefor is assigned in the returns. Though it is quite evident, that there is no uniformity among roads as to what constitutes through traffic, it is self-evident, that wherever the boundaries of local traffic may.be fixed by a particular road its through traffic must extend beyond such limit. Through business furnishes long hauls: and it is a generally accepted fact that the longer haul gives a cheaper rate. The contrary appearing in the returns, unex- plained, is misleading. Local freight in foregoing table is local business along the whole line reporting. Computation of rates in Colorado not returned. 32 RAILEOAD COMMISSrOlSrEE S KEPORT. FREIGHT CAR MILEAGE. Percentage of empties in Colorado. ■ T & S F B & C r C T> C D , u. & P T> & R G > p S P & P p & N O D. & B. V (S M P O B & L G. r. B. & C S L & P IT P Con Total 56,607,653 2,510,355 3.210,455 202,475 19,150,763 2,287,157 42,343 400,397 J, 600 4,122 38,173 215,888 86,854,331 25.453,245 527,250 654,691 170,235 7,172,829 948,997 18,149 282,114 1.392 2,186 32,528 150,333 27,907,312 171,525,712 63,321,261 ,060,898 1O37.60S ,865,146 372,710 .323.592 ,236,154 60,492 682,511 2,992 6,308 70,71 366,221 761,643 "4,; 234,846,973 17-3 16.9 46. 32 2932 30- 4133 46.52 3465 46.08 41.05 24.32 28.556 * Not reported. The large percentage of empty carJRs occasioned by ^transportation of coal and stone, as will be seen by com- parison with table "Colorado Tonnage Classified." The greater part of this haulage is for railroad use and is prop- erly chargeable to the expense of operating. The whole traffic is at present local in its character and necessarily fur- nishes loaded haulage only one way. So, long as this traffic remains local, there can be little prospect of improvement in equalization of freight mileage. The inexhaustable coal fields and stone quarries of this State, will eventually fur- nish fuel and building material for eastern Colorado, west- ern Kansas and Nebraska, as that region becomes settled ■ and equalized freight mileage will be one of the resulting benefits. RAILROAD COMMISSIOKER S REPORT. 33 COLORADO TONNAGE CLASSlt-IED. The entire tonnage of this State cannot be given, the Union Pacific Consolidated Railway Company having returned no data for furnishing the information. In its report it states that it " will be able to furnish it in next report.-" The Atchison, Topeka and Santa Fe returns only local freights, keeping no separate account of through busi- ness. The following table shows tonnage of other roads : ARTICLES CARRIED. Tons, Per cent. Grain Flour Provisions Animals Other agricultural products Iron, lead and mineral products . Lumber and fore'st products Coal Plaster, lime and cement Salt Petroleum and oil Steel and castings Stone and brick Manufactures Merchandise, not enumerated.... Total , 104,286, 54.198 . 4.497 37.S24 51.838 426,368, 130,143 925,630, 5,211 11,813, 3.93 10,526, 194,941 5.131 251,095, 2,2i7,xS6.9 4-703 2-445 .203 1.693 2.338 19.231 5.869 41.748 .236 .534 .177 -474 8.792 .232 11-325 ACCIDENTS. It is the general impression that mountain travel on rail- roads is very much more dangerous than on level or plains roads. This is a very great error. Take for comparison the State of Iowa, where as few railroad accidents happen as in any State not mountainous. It appears from the able • 5 34 RAILROAD commissioner's REPORT. report of the Board of Railroad Commissioners of that State for the year ending June 30, 1885, advance sheets of which were kindly furnished by the Commissioners, that on , 7,478.43 miles of operated railroad in that State during the last year, 156 persons were killed and 875 injured, or one killed for every 47.87 miles of road operated, and one injured for every 8.54 miles. In Colorado, for the same time, on 2,996.83 miles of operated road, there were 39 killed and 319 injured, or one killed for every 76.84 miles, and one injured for every 9.39 miles of road operated. In computing train mileage the difference is not so great, but still it is in favor of Colorado roads. The fact of supplying all trains with air brakes, in addition to hand brakes, the increased number of brakemen and the extra care used to overcome the additional hazard, gives trainmen a more complete control over their train than is usually the case on level roads. It is a lamentable fact, however, that the roll of killed and injured is very much increased through lack of vigilance on the part of trainmen. They are too apt to get in the habit of thinking that because accident has not come, that it will not come. Every precaution, by way of explicit instructions, is exer- cised by the managers and officers of the companies, and no accidents ought to happen which are attributable to carelessness. The following table shows the total number killed and injured during the year, together with the number of train accidents on each road. These accidents, ocurring in all branches of the service, must necessarily occasion loss of life and injury to employes in a very much greater propor- tion than to others. The number of employes killed and injured are given. Of all others, thirteen passengers were killed and sixty-one were injured. Ten of the thirteen passengers included in the foregoing passengers killed were employes of the Anglo American Circus Company EAILEOAD COMMISSIONEe's EEPOET. 35 who were burned to death, caused by the circus company's sleeping car catching fire in moving train, through fault of the circus company, who were censured by the coroner's jury. ACCTDENTS. RAILROADS. Killed. f>- Fl H H Injured. Ts Total. Atchison, Topeka and Santa F6 Burlington and Colorado Colorado Central Denver Circle Denver, Utah and Pacific Denver and Rio Grande Denver, South Park and Pacific Denver and New Orleans Denver and Boulder Valley Denver and Middle Park Georgetown, Breckenridge and Leadville.. Golden, Boulder and Caribou Greeley, Salt Lake and Pacific Union Pacific Consolidated Total * Not reported. 65 43 3 , 32 39 4 '3 45 238 47 13 7 19 49 4 14 154 TRAIN ACCIDENTS. Especial attention is called to the following provision of the Statute in relation to accidents occurring in transport- ation : "Sec. 17. (^Accidents.) Upon the occurrence of any serious accident upon (any) railroad, which shall result in bodily harm or loss of life to either passenger, employe or 36 EAILEOAD COMMISSIOWEe's REPORT. other person, the corporation operating the road upon which the accident occurred, shall give immediate notice thereof to the Railroad Commissioner, whose duty it shall be, if he deem it necessary, to investigate the same, and to promptly report to the Governor the extent.of the personal injury or loss of life, and whether the same was the result of mismanagement or neglect of the corporation that opef- ated the line on which the injury or loss of life occurred; Provided, That such report shall not be used as evidence, or referred to, in any case in court." Action of the railroad corporations thus far has not been in compliance with this section. The requirement of promptness and celerity in giving the required notice to the Commissioner, is the very gist of the legislative will. Investigation by the Commissioner, to be any benefit, must be immediate. After the wreck has been cleared away, and passengers and trainmen are beyond reach of the Commissioner's subpoena, investigation can, only lead to a determination founded on rumor and hearsay evidence, and consequently valueless. If the Commissioner cannot reach the scene of accident as early as the railway official, he might as well not reach it at all. Stale notices have not been followed by stale investigations. Of the 154 train accidents reported, but few of them have been of that serious character contemplated by the ' foregoing Statute ; but these few serve to show the length of time it takes for information of a railroad accident to reach the Commissioner's office through railroad channels. The following correspondence and proceedings, though but a very small portion upon this subject, on record in this office, is sufficient to show the general character of action taken by the Commissioner, and the alacrity of rail- way officials in complying therewith : EAlLEiOAD COMMISSIOWEB's REPORT. 37 State of Colorado, '^ Office of the Railroad Commissioner, V Denver, Colo., May 2, 1885. ) Hon. W. S. Jackson, Receiver of D. & R. G. R'y, Denver, Colorado: Dear Sir — The Railroad Commissioner law imposes additional duties upon railroad companies, which are likely to.be overlooked at first, if the law be not carefully observed by railroad officials. I desire to call your attention to section 17 of the act, which contemplates immediate inves- tigation and report to the Governor by the Commissioner of all railroad accidents- resulting in bodily harm. Stale investigation would be profitless, and unless immediate notice is given by railroad companies of any such accidents, the law will be inoperative. I call your attenticm to this matter at this time from the fact that the morning papers report an accident on your road, at or near Marshall Pass, of which I have had no official notice from you, probably through an oversight of this provision of the law — pro- vided, of course, that such report be true. I take it for granted that you are as ready and willing to comply with this law as I am. If such accident has happened, will you be kind enough to inform me of the extent thereof as soon as possible. Yours, Respectfully, W. B. Felker, , Commissioner. Office of W. S. Jackson, ^ Receiver of Denver and Rio Grande Railway, \ Denver, Colo., May 2, 1885. j [Ton. W. B. Felker, Commissioner : Dear Sir — Your favor of even date received. It is true we had overlooked the provisions of the law. I have not yet got full information of the details of the accide 38 RAILROAD commissioner's REPORT. but as soon as I do have I will furnish the_ report required. The statements as published in the newspapers are exactly what we had received up to this morning. I will see that you get complete details of the accident as soon as we receive them ourselves. The General Superintendent and the Master Mechanic left for the scene of the accident very early this morning, and we should have their report this afternoon. It was, fortunately, not very serious. Very truly yours, Wm. S. Jackson, Receiver. Office of W. S. Jackson, \ Receiver of Denver and Rio Grande Railway, V Denver, Colo., May 4, 1885. j Judge Felker, Raihvay Conimissioner for Colorado : Dear Sir — Enclosed I hand you report of the late accident on Marshall Pass. This gives all the facts we have been able to get together and covers the case as fairly as such things can ordinarily be reached. The report of R. E. Ricker, General Superintendent, enclosed and endorsed over^to you is an exact duplicate of the report sent to me for my information, or indeed the one sent to you may be called the original report. Yours, truly, W. S. Jackson, Receiver, Denver and Rio Grande Railway, "J General Superintendent's Office, V Denver, Colo., May 4, 1885. j W. S. Jackson, Esq., Receiver D. & R. G. Railway, Denver, Colorado: Dear Sir — The following report relative to the accident to passenger train No. 7, on the evening of May i, one-half RAILROAD commissioner's REPORT. 39 mile west of Marshall Pass summit, is respectfully sub- mitted: The train consisted of engine 105,, one postal car, one baggage and express car, one emigrant car, two coaches and four sleepers — nine cars, all told. Immediately on leaving the summit, from some yet unexplained disarrangement of the air brakes, the train commenced increasing its speed, and the engineer called for brakes four times. After running about one-half mile, the postal car left the track on a sharp curve in the first shed below the Pass, all the other cars in the train following the postal car off the track, and the engine also. Five of the nine cars run far enough to knock down 1 50 feet of the snow shed on the south side. The falling timber, together with the application of the hand brakes, and reversing of the engine stopped the train in a distance of 240 feet from a point Adhere the first wheels left the rails. When the train stopped, the engine, tender, and all the cars were off the rails, and standing nearly upright on their trucks, except three cars that ■ were partially inclined against the side of the shed. There are s.everal theories relative to the cause of the accident, -but, as the platforms of the five cars were more or less broken, it is not now possible to decide as to the actual cause of the accident. The postal car, baggage and express car, and two coaches, are damaged to the extent of ^1,500. There was no loss or damage to the mails, or to the baggage and express goods ; these were all transferred in good order. Three passengers were slightly bruised. One of the three had a slight cut of the head. The injured passengers were promptly attended to by company's surgeons, Drs. Underbill and Mcintosh, and all three of them resumed their journey. 40 EAILEOAD COMMISSIOKEe's EEPORT. Of the four brakemen of the train, who were all in their places, two were quite seriously injured. . James F. Barton, of Salida, has a simple fracture of the right clavicle, two fractured ribs, and a considerable injury of the right lung; also some bruises of the face and head, and slight cuts on the right hand. He was supposed to be fatally injured, but at this date his condition is much improved. William Braddish, brakeman, Salida, sustained a simple fracture of the right thigh bone, and cpnsiderable bruises of the muscles of his leg, and severe bruises of the right ankle and foot, also a few small cuts of the face and head. Both of these injured brakemen are doing well. They are well cared for at the Salida hospital, with good prospects of their early recovery. The names of the injured passengers are as follows: William Beckett, Hamilton, Ohio, sustained slight bruises of the back and side. Andrew Sullivan, Bay Horse, Crystal county, Idaho, has a slight scalp wound. John Hellberg, Carson, Nevada, slight scalp wound. Mr. Beckett was en route to visit his son at Gunnison, and is now at that place. The accident occurred at 6:30 p. m.. May i. The wreck was entirely cleared up, and mails, baggage and express transferred, and the train resumed its trip westward from Gunnison at 10 a. m. the following morning. May 2. The results of the accident were nothing like as serious as first reported. Considering all the circumstances, it may be considered a fortunate escape from what might have been a serious disaster. The engineer, conductor, and the two uninjured train men have been suspended from duty, until a more thorough investigation of the cause of the accident can be made. This will be done at an early day. I would add that, at the earliest moment possible after the occurrence of the accident, the location of the wreck and the damaged car and engine were carefully examined RAILROAD commissioner's REPORT. 41 by N. W. Sample, Superintendent of Machinery; R. M. Ridgway, Superintendent Fourth Division, and myself. The subordinate officers and employes of the Fourth Division deserve credit for the prompt and efficient manner in which the injured passengers and employes were cared for, and also for the prompt manner in which the wreck was cleared, and the passengers forwarded to their desti- nation. Respectfully, yours; R. E. RiCKER, General Superintendent. State of Colorado, \ Office of the Railroad Commissioner, > Denver, Colo., May 5, 1885. j Hon. W. S. Jackson, Receiver Denver and Rio Grande Railway : Dear Sir — Your report of date May 4, in relation to accident near Marshall Pass, to passenger train No. ^, on the evening of May i, this day received. It is in every re.spect satisfactory, so far as it goes. I am not, as yet, sufficiently advised to make a report to the , Governor, whether or not the accident "was the result of mismanagement or neglect" of your company. Your report states that the train-men "have been sus- pended from duty, until a more thorough investigation of the cause of the accident has been made." Will you be so kind as to furnish me with a copy of the report, or statement of result, of such investigation when made. This accident was not of that serious character, which under the law would have required a personal investiga- tion on my part. Allow me to congratulate you upon so fortunate an escape, from what might have been a terrible disaster. Permit me again to call your attention, to what I con- strue to be the duty of the railroad companies in cases of this kind under the law. 42 RAILROAD COJi:NrTSSIO?fER's EEPOET. Upon the happening of a serious accident, resulting "in bodily harm or loss of life," the railway company is to give " immediate notice thereof to the Railroad Commissioner," that he may proceed at once, if he deems it necessary, to the place of the accident and personally inv.estigate the cause thereof While it is not always easy to catch the Legislative idea, it is fair to presume that the Legislature had a sufficient reason for incorporating this section into the law. Such an investigation may not only be of benefit to the people, but constitute a perfect protection to the railway company. Reports of negligence and mismanagement almost invaria- bly follow railway accidents ; and in all cases where the coriipany or its employes are not at fault, an unprejudiced report of the Commissioner will operate as a sure antidote for a poisoned public sentiment. It is quite common, in cases of serious accidents, for trains to be made up to convey some of the company's offi- cials to the scene of accident. Whenever this is done I should consider it a great favor to be notified in time, that I might take passage on such train, in case I should deem it necessary. • In all cases, that I may deem necessary, I should make it a point to reach the place of the accident before the debris is cleared away and the damage repaired. Yon will • see, upon examination of the law, that it is made my duty to investigate and report to the Governor, and yours only, to notify me that I may do so. I trust you may be able before long,- after the hurry of your business is over, to sit down with me, that we may examine this law together. I am yours, respectfully, W. B. Felker, Cominissoner. It is quite evident that Receiver Jackson had overlooked this provision of the law. No final report, however, was RAILROAD COMMISSIONERS REPORT. 43 ever made, that the Commissioner might know whether or not the accident was the result of mismanagement or neg- lect on the part of the company, its officers or employes. On the fifteenth day of June, 1885, the Commissioner addressed the following circular letter to all of the general managers of railroad corporations doing business in this State : "Dear Sir^ — Your attention is called to section 17 of an act concerning railroads, of the Fifth General Assembly of this State, which 'reads as follows: (The section aforesaid is here copied in full :) You are respectfully requested to forward to me the notice required by said section immediately upon the occurrence of any accident . upon yoiir road within this State. . Yours, respectfully, W. B. Felker, Coininissioncr." The two following notices were received, as will be seen, the first fifteen and the other twelve days after the date of happening of the accidents to which they respectively refer : Denver,' Colo., August 22, 1885. Hon. W. B. Felker, Railroad Commissioner, Denver, Colo. Dear Sir — Under date of August 14, R. E. Ricker, General Superintendent, reports to me as follows, which I transmit for your information. My absence in California accounts for delay in advising you : " I regret to report the occurrence of a serious collision between [freight trains on the second district of the first division i^ miles east of Rockdale, on Friday, August 7, at 12:07 p. m. The collision" occurred between fir.st section of train No. 22, east bound; conductor, C. L. Devoe; engine, 226; engineer, George Gordon; and fir.st section, No. 21, which was a double-header; conductor, J. F. Mor- ris; engines, 218 and 219; engineers, C. D. Pierce and Lon Griffin. 44 RAILROAD commissioner's REPORT. After careful investigation of this accident, we find that it resulted from a misunderstanding of train orders on the part of Conductor Devoe and Engineer Gordon. Train 21, west bound, was running very slow up grade at the time of the accident, and was partially stopped. Train 22 was running about its ordinary speed, I2 miles per hour. The engines were within 150 or 200 feet of each other when the engineers first saw the opposite train. The only employe injured was Engineer Gordon, who alighted on the ground all right, but was struck by a portion of the wrecked cars and knocked into the river and drowned. The body was recovered on the thirteenth instant, and will be .buried by the Masonic fraternity at Pueblo. The three engines, 218, 219 and 226 were considerably damaged. All of them were derailed, but neither of them were thrown off the roadbed. Eight D. & R. G. cars were badly dam- aged. The contents of the loaded cars (ore, bullion, etc.) was picked up and saved. I have as yet no estimate of the damage to the engines or cars, but will be able to give you this information in a few days. The train orders to conductors and engineers of both trains were clear and explicit, and should have been read- ily understood, and had they been observed the accident would have been averted. Engineer Gordon paid the penalty of his carelessness with his life. Conductor Devoe has been suspended from duty and will be discharged from the service. Respectfully, Wm. S. Jackson, Receiver!' Denver, Colo., August 26, 1885. Hon. W. B. Felker, Railroad Commissioner, Denver: Dear Sir — R. E. Ricker, General Superintendent, re- ports to me as follows, under date, August 22, 1885: EAILEOAD COMMISSIOWEe's EEPOET. 46 " I regret being obliged to report the occurrence of the second collision in the Grand Canon, on mile 164, on Fri- day, August 14, between a work-train in charge of Con- ductor Sullivan, and the first -section of regular freight train No. 25. Engineer Pierce, of engine 211, first engine of the freight train, was caught in the wreck and received a compound fracture of the right leg, below the knee. There were no other persona'l injuries. . The work -train engine was backing down four flat cars. These four cars were almost entirely destroyed. Five cars of the freight train next to the engine were badly damaged and their contents more or less damaged. The direct cauge of the accident was a misunderstanding of the orders given by Conductor Sulli- van to his flagman, which the flagman was to give to the engineer of the freight train. ' Respectfully, W. S. Jackson, Receiver!' Denver, Colo., August 26, 1885. Hon. W. S. Jackson, Receiver Denver and Rio Grande Railway, Denver, Colo. Dear Sir — I am in receipt of yours of this date con- taining report of collision in Grand Canon, on Friday, Au- gust 14, between work -train and first section of freight train No. 25. As your reports of both of' these collisions show negli- gence upon the part of some one of the employes on the colliding trains, ah investigation by me could not have resulted in fixing the responsibility otherwise than charged in your reports. I very much regret the loss and damage to your road occasioned, as it appears, more by shiftlessness of train men than from any other cause. Yours, respectfully, W. B. Felker, Comrkissioner. 46 RAILROAD commissioner's REPORT. The following notice, letter of Commissioner and report to the Governor, are explanatory of the same subject matter : Denver, Colo., Sept. 12, 1885. Hon. William B. Felker, Railroad Commissioner. Dear Sir — At one o'clock, p. m., yesterday, September II, an accident occurred on the Denver, South Park and • Pacific Railroad, operated by the Union Pacific Railway Company, at a point about three miles east of Coma sta- tion. The train consisted of locomotive No. 162, Engineer W. W. Hall, a combination express, baggage -and mail car, one second-class passenger coach, used as a smoking car, and a first-class passenger coach ; conductor, J. L. Hall. The train was running down grade, and it is claimed by the engineer that in some unaccountable and unexplain- able manner, the cock of the air hose between the? engine tender and the first car was closed, while train was running, rendering the train uncontrollable. The two passenger coaches were thrown from the track and turned over ; the rest of the train stayed on the track. One passenger, Mrs. Cronkhite, of Breckenridge, was badly injured, it is reported that both her arms are broken and that she received some internal injuries. Ten other persons were more or less injured, but none seriousl)-. Yours, respectfully, E. Dickinson, Assistant General Superintendent. Denver, Colo., September 12, 1885 E. Dickinson, Esq., Assistant Geiteral Superintendent U. P. Ry, Denver, Colo. Dear Sir — Your report of accident on Denver, South Park and Pacific Railroad, three miles east of Como at i o'clock p. m. of September 1 1, 1885, this moment received; RAILROAD COMHISSIOlSrER's REPORT. 47 twenty^eight hours after it ocurred and twelve hours after its publication in the morning newspapers. You will hardly claim that this is a compliance with the law requiring "immediate riotice" to be given the Commissioner. I under- stand that you sent a special at once to the scene of -the accident. Since then two regular passenger trains have gone out on that line, and two freights, on any of which I might have gone and performed the duty required of me by the Statute. The law does not require you to report accidents to the Commissioner, but to give "immediate notice," and he does the investigating and reporting to the Governor. It is my desire to comply with the law. I presume it is yours. I cannot without previous compliance on your part. If I am to investigate, I want fresh evidence gathered on the spot, at the earliest possible moment. I should judge by your meager description, that the accident occurred to the Day Express No. 402, and that it did occur "in some unaccountable and unexplainable manner," which is the very reason why the Commissioner should investi- gate and ascertain the cause. The published account would lead one to believe that it was occasioned by running at an excessively high rate of speed down a heavy grade. The railroad account of such disasters are ordinarily looked upon with suspicion. The newspaper accounts are usually exaggerated. A correct and unprejudiced report by the Commissioner might possibly be of benefit to the company as well as to the public. As at present advised I am of the opinion that the accident was occasioned through down- right carelessness and mismanagement of trainmen in charge of No. 402, and shall so report to the Governor. In justice to yourself, I am aware of your absence at Rock Springs at the. time of this accident, and believe that per- sonally you are not responsible for the neglect in serving the required notice. I am, most respectfully, W. B. Felker, Commissioner. 48 RAILROAD commissioner's. REPORT. State of Colorado, ) Office of Railr6ad Commissioner, > Denver, Colo., Sept. 14, 1885. J To His Excellency , Benjaman H. Eaton, Governor of the State of Colorado : It becomes my duty to report to you that a serious accident ocurred on the Denver, South Park and Pacific Railroad, about three miles east of Como, on eleventh instant, to train No. 402. I made no personal examination at the scene of the accident for reason referred to in my letter to Superintendent Dickinson. I herewith transmit copy of notice of accident received by me, together with my letter aforementioned. After receiving the notice I could not have reached the place of accident before noon of Sunday, nearly forty-eight hours after the accident. To start an investigation at that late day would have been utterly useless. I gathered all infor- mation obtainable, and taken in connection with the omis- sions and admissions of the company, I am forced to the conclusion that the accident was caused by neglect and mismanagement of the employes in charge of the train. That the train was running at a dangerous rate of speed, down grade, beyond the control of the engineer, with no sufficient excuse assigned therefor is sufficient evidence to warrant the conclusion arrived at. The result of injuries to Mrs. Cronkhite cannot yet be ascertained. She is re- ported being in a critical condition. Railroad accidents are generally looked upon by the public as the result of rail- road mismanagement. An investigation resulting in an unprejudiced report by the Commissioner, exonerating the com,pany from blame, would certainly be to the advant- age of the company. It cannot be presumed that a com- pany would neglect procuring such a report in cases where the company is without blame. I have therefore RAILROAD commissioner's REPORT. 49 considered a non-compliance with the law requiring " imme- diate notice" to the Commissioner of the happening of serious accidents, not merely as a suspicious circumstance, but a fact amounting almost to an admission of negligence or mismanagement on the part of the company. The purpose of the law was to give publicity in relation to the degree of care exercised by railroad corporations in the management of its trains. The Legislature evidently deemed this provision of the law of importance to the traveling public. I have in this, as in all other matters, endeavored to have carried out the letter as well as the spirit of the laws of this State concerning railroads. But as yet I have not in a single instance, on any railroad where an accident has occurred received notice within such time after occurrence as would warrant the investigation con- templated by law. An investigation by the Commissioner* after the debris has been cleared away and all evidence scattered or entirely gone, would be absolutely profitless. I have hitherto made no report to your Excellency of such accidents, for the sole reason that I have for the cause heretofore assigned made no investigation and consequently had no report to make. I, however, deem it my duty to call your attention to the fact that you may be fully advised in the premises. I am, most respectfully, W. B. Felker, Commissioner. INSPECTION. The Commissioner has, during the' year, inspected nearly five thousand miles of railroad of the systems reporting to this office. It was deemed of importance by the Commis- sioner that he gain as much knowledge as possible of railroads out of the State, and being a part of the same system operated within the State. r 60 EAILROAi) commissioner's REPORT. It afforded the Commissioner the opportunity of judging by comparison of equipment, stational facilities, condition of roadway and track, and the general manner of operating in regard to the safety and convenience of the public. Much of the inspection of road in this State has been done since the thirtieth day of June. The attention of the Commissioner has been called to but two cases of road that were in a condition to endanger public travel. Th,e first was the Silver Cliff branch of the Denver and Rio Grande Railway, and the other of the Denver and New Orleans Railroad. Inspection was immediately made, and in the first case the following letter was at once addressed to the Receiver: Denver, Colo., June 23, 18815. Hon. W. S. Jackson, ^ Receiver D. & R. G. Railway, Denver, Colorado: Dear Sir^ — Complaint having been made to me, as Railroad Commissioner, that portions of the road bed and track of the Silver Cliff Branch of the Denver and Rio Grande Railway were out of repair, to such an extent as to endanger public travel thereon, I proceeded at once to exam- ine and inspect the condition of such branch road. I found that, from a point about three miles beyond Canon Junction to within about two rriiles of Marsh Station, the road bed and track in many places were in such condition as to render passage of trains at any rate of speed, however slow, extremely dangerous. At the point where engine 74 went over the pricipice, on the ninth day of May last, it is posi- tively criminal negligence to permit a tra!in to pass oyer the road. The road bed is so narrow that nearly twelve inches of the end of the cross-ties extend out over the precipice. Whenever it rains sufficiently to soften the road bed, the lateral pressure of the engine upon the rails in rounding the curve will press the whole track outward, and inevitably produce a recurrence of the accident of May 9. The track RAILROAD commissioner's REPORT. 51 is even more dangerous than it was before the happening of that accident. By an expediture of not to exceed ^500, the track at this point can be made perfectly secure. I did not have time to examine the road as thoroughly as neces- sary, to enable me to ascertain the particular repairs necessary. I intend making a thorough examination of this piece of road immediately; and would be extremely gratified if you would order your track-master, or any other competent officer of your road, to accompany me and assist my judgment in determining what repairs are absolutely necessary to insure public safety in the operat- ing of that branch of road. The Commissioner fully appreciates your position as Receiver, and the necessity imposed upon you of practicing the utmost economy in the management of the road in your charge; but it cannot be expected that such economy should be carried to the extent of jeopardizing the lives of the traveling public and of the train men in operating that particular piece of road. In view of the accident before mentioned, and the near approach of the rainy season, it is of the greatest importance that this piece of road be immediately put in a condition of safety. I trust you will not deem me extra officious in this matter, but consider, as I do, that the law imposes upon me the imperative duty of making this examination, to the end that I may notify you as required by Statute. I feel, equally with you, that the expense should be as light as possible, and at the same time secure public safety, and for that reason desire your assistance in determining the character and extent of repairs necessary. Yours, truly, W. B. Felker, Railroad Commissioner. The needed repairs were made upon this piece of road, and during the season it has been put in better condition than at any time since it was first constructed. * Built along ■ 52 RAILROAD commissioner's REPORT. a boisterous, treacherous stream, it is a difficult piece of road to keep in repair, and withal provided with very little traffic. The service is by mixed train, but it is ample for the business, done and satisfactory to the patrons of the road. The Denver and New Orleans is sadly out of repair. The financial distress of this company has been such that it could not maintain its road-bed and track in such man- ner as provident companies usually do. This road was built in 1 88 1-2. With the exception of ballasting, surfac- ing and lining necessarily following construction, very little work has been done. One thing has been in favor of the road, it was well constructed. To keep track in good con- dition it must be watched and worked upon continuously. When it commences to go down, unless repairs are imme- diately made, it goes down very rapidly. This company reports fifteen section men to 145 miles of road, including sidings; this is one man to each 9^ miles of road. This force of laborers could not keep in repair to exceed fifteen miles of this road. At the time of inspection by the Com- missioner, there were but three section men at work on the entire line. The traffic of the road is light, its trains are necessarily light and run slowly. While careful operation may insure safety, it is by no means, in that safe and proper condition which the law requires shall be furnished the traveling public. The law seeks to throw protection around human life, and makes it the duty of the Commissioner to stand as a sentinel over the safety of every individual eh- trusting himself to railway carriage. So long as the roaid- bed remains frozen solid, no absolute danger is anticipated, but as soon as the frost commences to come out of the ground this track must be repaired, or criminal negligence will rest upon somebody, and it certainly will not be upon the Commissioner. All other roads in this State are not only in safe condition, but in, and being put in, a condition that is a credit to good railroading. RAILROAD COMMISSIOJVTEr's REPORT. 53 TABULATED STATEMENT. The tables numbered from one to fourteen inclusive, have been compiled from the returns of the several com- panies reporting to this office, for convenient reference on nearly all of the matters contained in the returns: Table (Capital stock ,..., I Debt II Road-bed and track in Colorado Ill Equipment ........'. ; IV Cost of road and equipment V Property account VI Mileage traffic * VII Car milage VIII Colorado tonnage classified , IX Earnings X Expenses XI Sub-division of expenses XII Expenses compared with earnings XIII Stational business and receipts XIV Articles of association filed in office of Secretary of State XV OPINIONS AND DECISIONS. All cases coming before the Commissioner for determin- ation, including correspondence which settled any point of controversy, are embraced under this head, and will be found in this report after the annual returns of the com- panies. APPENDIX. A compilation of all the laws of this State pertaining to railroads, will be found at the close of this report under this heading. < RAILROAD COMMISSIONERS REPORT. GENERAL REMARKS. I cannot close this report without a few words of explan- ation, which it is hoped will remove some questions of doubt and prejudice in the minds of the people, as well as railway officials, in regard to the railroad law and its oper- ation in this State. The Commissioner has found a gen- eral feeling of distrust in the minds of the people as to the efficiency of this law, or of any law based solely on the advisory plan; and therefore refuse to appeal to its due administration for the redress of grievances which they loudly proclaim on the street corners to exist. On the other hand, railroad men feeling the force and power of the law if duly administered, encourage this feeling of dis- trust and act with a concerted determination that its powers shall not be invoked wherever and whenever they can pre- vent. While they manifest no disposition to disobey the law, they inculcate the cherished doctrine of non-interfer- ence, coupled with a promise of right doing, if let alone. Now, if railroad corporations will do right of their own motion, so much the better, and they should have all the credit for doing it. The Commissioner does not desire complaints to be made, but he does desire that the cause for complaints be removed. Doing business through so many different agents, with so many different people, em- bracing so many different interests, it is impossible that railway management can proceed without more or less friction. Sometimes the people are not without blame, sometimes the railway officials are at fault. The exercise of arbitrary power for so long a time has habituated railway officials to restlessness of interference from any source, and the people have at the same time habituated themselves to grumbling and nothing more. The time has come to deal with these questions of difference in a fair, manly way. The law has fixed a basis of settlement, and it is the busi- ness of the Commissioner to see that the law is faithfully RAILROAD commissioner's REPORT. 55 executed. His powers and duties are clearly defined, and justice both to the citizen and railroad corporations can be secured by an appeal to the law and to the common arbiter created thereby. POWERS AND DUTIES. The act creating the office of Railroad Commissioner and defining his powers and duties, will be found in the appendix. It gives the Commissioner power to investi- gate all railway management, which affects the safety, inter- est and convenience of the public. It embraces equipment, train service, terminal facilities and everything connected with operating the railroad. It expressly authorizes him to designate points where railroad corporations shall estab- lish places for loading live stock, ore, coal, coke, stone, lumber, lime or any other freight in car-load lots. It gives him authority to fix the ratio of cars to be fur- nished shippers in all cases when such railroad corpora- tion has not under its control a sufficient number to supply the demand and the several applicants for cars, and the rail- road corporations cannot agree upon the ratio. It empowers him to investigate all cases of unjust discrimi- nation and extortion, and determine what is a reasonable passenger rate of fare or freight tariff between any points in the State. He has the power to compel any officer, agent or employe of the corporation to answer under oath as to all matters relating to the subject under investigation, and compel the production of any books or papers necessary for the examination of any matter pertaining to the manage- . ment of such railroad. It is true, that the Commissioner can only investigate, determine and recommend. He is armed with no power to compel immediate obedience. He may request the Governor to direct suit to be brought by the District 56 RAILROAD commissioner's REPORT. /Attorney or the Attorney General, even to the annuUing of corporate charters, but the most potent power behind every recommendation of the Commissioner is public opinion, and the vision of corrective legislation. No more arbitrary law is needed until railroad corpora- tions refuse prompt comphance with all reasonable determinations and recommendations made by the Commis- sioner under the present law. It will be time enough to find fault with the law and call for an increase of power when this law fails in its purpose of correcting corporate abuses. It is for the interest of the people that they give this law a fair trial. It is for the interest of the railroad corpo- rations that it be given a fair trial, without impediments from any source or of any kind. It is a mistaken policy upon the part of railway officials to assume a hostile attitude towards whomever may desire to present a grievance to the Commissioner, and by such means prevent complaints from being made; or, when made, to toy with the character of the proceedings and attempt to de stroy whatever of good may come to the people from care- ful and unprejudiced investigation. The Commissioner sys- tem was established with the view of furnishing a tribunal before whom the humblest and poorest citizen may appear without expense, and with the assurance that speedy inves- tigation will redress any wrong committed by corporate pow er. The very foundation of the advisory plan is the creation of a common arbiter to stand between the people and these powerful corporations, and to whom each may appeal for an amicable adjustment of all differences. It is the hope of the one, and should be the desire of the other that the effectiveness of this system shall accomplish the desired result, without the conferring of more arbitrary power. Railway companies make a great mistake when they attempt to belittle the work of the advisory system, and RAILROAD commissioner's REPORT. 57 deprive the office of that credit which honestly belongs to a faithful discharge of its duties. State regulation, in some form, has come to stay. The intelligence of the age has demonstrated that it is a function of government necessary to be exercised. It is progressive; nineteenth century ideas do not move backward, and Colorado is not a State that will travel in the rear of a question of progress. The law in its present, or some other form, is a fixed fact, and if judiciously administered will be a benefit to railroads as well as the people. A sound, healthy, public judgment will be born out of publicity of railway management. In- telligence cannot fail to remove unjust prejudice. No harm can come from a public knowledge that right has been done. The present law is based upon the theory of pub- licity in all things tending to enlightenment of the public mind upon the relations existing between the public and railroad corporations. The people of the State should acquaint themselves with the law and with its operation. CommunitiaB and shippers who have cause for conr- plaint should thoroughly test the present law, give it a fair trial, notwithstanding the prating of demagogues who insist that there is no efficiency in it, and not wait until the next session of the legislature, and then say that no good results can be derived from it. The advisory system has worked well in other States. There is no reason why it should not accomplish the same results in this State. The Commissioner thus far has had no grounds for apprehension that railroad companies will not adopt any just recommendation when made, and they certainly are entitled to a presumption in their favor until the contrary appears. 58 RAILROAD commissioner's REPORT. DISCRIMINATION. There appears to be some confusion in the mind of traffic managers, in relation to our Statute on this subject. It reads as follows : " No railroad corporation shall, without the written approval of said Commissioner, charge, demand or receive from any person, company or corporation, for the transport- ation of persons or property, or for any other service, a great- er sum than it shall,while operating under the classification and schedule then in force, charge, demand or receive from any other person, company or corporation for a like service from the same place, or upon like conditions and under similar circumstances; and all concessions of rates, draw- backs and contracts for special .rates shall be open to, and allowed all persons, companies and corporations alike, at the same rate per ton per mile, upon like conditions and under similar circumstances — except in special cases designed to promote the development of the resources of 'this State, when the approval of said Coitimissioner shall be obtained in writing. I ■ " But nothing in this section shall be construed so as to preverft the said Commissioner from making a lower rate per ton per mile, in car-load lots, than shall govern ship- ments in less quantities than car-load lots, and from mak- ing lower rates for lots of not less than five car-loads than for single car-load lots, except in cases otherwise provided for in this section." This Statute prohibits discrimination in all kinds of rail- road service, unless the written approval bf the Commis- sioner be first obtained. Concessions, draw-backs and special rates are permissable only when made open and to all upon the mileage basis. Schedule rates need not be made on that basis, but concessions and special rates must. Great RAILROAD commissioner's REPORT. 59 stress has been put upon the closuig words of the sentence, "upon like conditions and under similar circurnstances." It has been construed to mean, over the same identical piece of road, between the same terminal points, with the same conditions of track, the same motive power, the same quality of fuel and the same kind of weather. No such narrow construction can be placed upon this Statute. The words "at the same rate per ton per mile" covers all road and precludes the idea of confinement to the same ter- mini. Wherever, on the line of the road, like con- ditions and similar circumstances exist, the rate given must obtain. The meaning of the words "like conditions and similar circumstances" may become largely a matter of opinion and lead to great perplexity in their application ; but it can hardly be denied but what they must receive a liberal interpretation. This section has, in another respect, been misinterpreted. It is evident. that the Legislature understood that railway companies were prone to grant concessions, draw-backs and special rates to favorites. Nothing is plainer on the face of this Statute, than the purpose of the Legislature to put an end to this practice of favoritism. The compa- nies were shorn of the power to further practice it. The seal of prohibition was placed upon its future exercise by the company. But believing that a wise commercial policy, in its relation to the business interests and prosperity of the State, might demand discriminatory rates in particular instances, the Legislature placed the exercise of that power solely in the hands of the Commissioner. And it is only on the written approval of the Commissioner first obtained, that railway companies can grant concessions, draw-backs and special rates, unless they be made open and to all alike and upon the tonnage, mileage basis. It has been suggested to the Commisioner that where it had been the practice and custom of the company, prior to the enactment of this Statute, to grant concessions and 60 RAILROAD commissioner's REPORT. special rates to particular persons engaged in a particular business, or to aid in the development of the resources of the State, as to such practice and custom the prohibitory- clause of the Statute would not be operative. The sugges- tion is founded upon the assumption that whatever is right for the Commissioner to do is right for the company to do without his approval, 'if according to the previously known custom of the road. This is a mistake. What may have been innocent, may become statutory misdemeanor. What may have been lawful may, by act of the law making power, be made unlawful. ' It may have been unwise legislation to vest the Com- missioner with this power, of that I have at present nothing to say; but both the railway corporations and the Com- missioner must abide by this law as they find it. If it be said that to obtain the written approval of the Commissioner in every such case imposes a heavy burden upon railway companies or shippers, it may be answered, that by voluntary agreement between the companies,' concessions and special rates bn all pooled business niust come from the pool com- missipner. The burden imposed by law, is no greater than that which companies voluntarily impose upon themselves. These suggestion^ are thrown out solely for the benefit of the railway companies. It is a well known fact that concessions, drawbacks and special rates are granted by railway officials only to the importunate: shipper, and not because of any longing to partition legitimate railway earnings. Every dollar of concession must be wrung out of some other patron of the road. Expenses and fixed charges must be paid ; the balance sheet must be made to balance. Railway officials have an easy road open to dis- pose of this army of pertinicious solicitors for favor. They can point to the law, and direct them to the tender sympa- thies of the Railroad Comrnissioner. This section has been misconstrued in another respect. It has been claimed that the law recognized the car load as RAILKOAD COMMISSIONEk's REPORT. 61 the unit of shipment, and authorized railway companies to frame their schedule of rates on that basis, and for ship- ments of five carloads and over, they could reduce the unit ' rate. Such is not the law; no unit of shipment is established. It is undoubtedly profitable for a railway company to concentrate its business at particular points on the line of its road. Especially is this so as to heavy shipments of low rate freights. While it is highly commendable in rail- way managers to reduce operating expenses to the'mini- mum and swell net earnings to the maximum, it must not be done at the sacrifice of that duty which they owe to the public. Every section of the State has an equal right to build itself up by the development of its resources and the establishment of local industries. It is contrary to the policy of the law, for railway companies to attempt to check this growth. The projection of a railroad into a community, is the assertion of a public right, and such assertion incurs public duty to that community. Private enterprise may build up great public centers of trade, and commerce will naturally wend its way thitherward without the necessity of a great public corporation's grinding out the existence of other communities along the line of its road. The principle of tearing down here to build up there, is no part of the business of a railway company. This is equally true of individual industries. Because it may be profitable for railway companies to encourage concentration of business, furnishes no excuse for conces- sions to capitalized industries. Special rates on account of volume of business assist in building up industrial monopolies that crush out individual enterprise and destroys competition in- business. The markets of» the State should be open alike to all producers and manufacturers in the State, without being handicapped by a freight rate that pre- cludes the chance of a margin for profit. For a new State filled with undeveloped resources, encouragement should be given to the small capitalist, the small producer, the small (i2 RAILROAD commissioner's REPORT. manufacturer, so that there may be the widest possible dif- fusion of commercial enterprise. Large industries, strongly capitalized, can take care of themselves. The economy of doing business on a large scale puts them into the markets at an advantage that will enable them to control prices. Discrimination on account of volume of business, is not favored by the common law, and finds no warrant in the Statutes of this State. One of the latest enunciations of the law dn this subject was made by the Supreme Court of Ohio December lo, 1885. I quote from the syllabi: "Where such a corporation as a common carrier of freight, in con- sideration of the fact that a shipper furnish a greater quan- tity of freight than other shippers during a given term, agrees to make a rebate on the published tariff on such freight to the prejudice of other shippers of like freight under the same circumstances, held : Such a contract is an unlawful discrimination in favor of the large shipper, tend- ing to create monopoly, destroy competition, injure, if not destroy, the business of smaller operators contrary to pub- lic policy, and will be declared void at the instance of par- ties injured thereby; and such a contract of discrimination cannot be' upheld simply because the favored shipper may furnish for shipment during the year, a larger freightage in . the aggregate than any other shippers, or greater than all the others combined. "Where the lower rate is either intended to give, or has the necessary effect of giving, an exclusive monopoly affecting the business and destroying the trade of other shippers, the latter have the right to require an equal rate for all under like circumstances." Our Statute confers the power upon the Commissioner to make a discrimination in favor of the greater volume of business. The Commissioner may establish a unit of ship- ment, and make it the basis of calculating rates. This is a discretionary power conferred upon the Com- RAILKOAD commissioner's REPORT. 63 missioner, and should be exercised with caution, that injury to other patrons of the road might not be inilicted, and still it should be exercised in all cases where justice de- mands it. The railway companies in this State, thus far, have not seen fit to apply to the Commissioner for his approval in relation to any of the matters embraced in this sectiofi. Any attempt upon the part of railway com- panies to set at naught this provision of the law, may embarrass the work of bringing about a perfect understand- ing and friendly feeling between railway corporations and the public. No specific violation of this law has come to my notice ; but that no misapprehension upon the subject of rate-making power may exist, the Commissioner has deemed it his duty to call the attention of railway officials to the provisions of this section. COAL. In many localities in this State the price of coal to the consumer is exorbitantly high. This is not so much attributable to high rate of transportation as it is to unwar- rantable profits of the dealer, who has managed, through the assistance of the railway companies to secure a monopoly of the business. The Railroad Commissioner has no power to investigate prices and profits of coal deal- ers. The only remedji for this is the enforcement, by pil- laged communities, of the economic principles of competi- tion in trade. Railway companies have no right to favor any particular producer or dealer. Discrimination in fur- nishing facilities to competitive producers or dealers is as fatal to the consumer as discrimination in rates of transport- ation; and the one is just as plain a violation of the law as the other. It is only when railway companies become absolutely fair and impartial in their dealings with shippers and consignees, treating each and all alike, that they can expect to be free from the charge of unjust discrimination. 64 RAILROAD COMMISSIOKEE's REPORT. Any unnecessary charge added to the original cost before it reaches the retail dealer, is a tax upon the consumer; and when such charge is made as against one producer or dealer and not against another, and is traceable to action of the railroad company, it constitutes unjust discrimination as defined by our Statute. The object and purpose of the Statute is, to compel railway companies to deal justly by all patrons of railway transportation. Taking into consideration the public impression on the subject of railroad discrimination in coal matters, it has been surprising to me that so few complaints have been made to the Commissioner for investigation. Excepting the two complaints of Gilpin and Clear Creek County Com- missioners vs. The Union Pacific Railway Company, which embrace coal in the general charge of excessive rates on all traffic, there have been but three complaints made directly bearing on the coal traffic. These are reported in this volume under the head of " Complaints and Decisions." The first was that of Harris vs. The Denver and Rio Grande Railway Company, alleging discrimination in furnishing facilities in handling coal at Leadville. Hon. N. Rollins, author of the present Railroad Statute was attorney for complainant. An issue of fact was joined by answer of the company ; and shortly thereafter a settlement was made and complainant abandoned his proceedings. The Com- missioner was never fully informed of the terriis of settle- ment; but whatever it was, complainant's continuing in the coal business at Leadville, did not have the effect of lowering the price of coal to the consumer. The second was Twenty-five Citizens of Chaffee County vs. The Denver and Rio Grande Railway Company, for the reduction of the coal tariff between Canon City and Salida. A reduction was recommended by the Commis- sioner, and the company adopted the rate. The third was Goodridge & .Marfell, owners of the Stewart Mine vs. The Union Pacific Railway Company, EAILKOAD COMMISSIOlSrER's REPORT. 65 alleging discrimination in the distribution of cars. The Commissioner called the attention of General Manager Callaway to the matter and the cause of complaint was immediately, remoyed. There has been much talk and but few complaints. The Commissioner cannot file a rumor in his office. He must have something specific and definite upon which to proceed with an investigation. The law contemplates a complain- ant with a statement of facts constituting grounds for relief, and notice thereof to the railway company charged, with the right to be heard. The law is ample to protect every coal producer, dealer and consumer against unjust rates and discrimination chargeable to railroad mismanagement. Thfe Commissioner is powerless to redress grievances, no matter how unjust or oppressive, unless the injured party has the courage to make his accusation, stand by it and face the accused. Railway companies are as fully afraid of a sound, just public sentiment, as the business coward is afraid of a railway company. Thus far, railway companies in this State have shown a willingness to do right, if right be firmly asked of them. This coal question can and must be settled amicably. De- pendent upon it almost exclusively for fuel, the coal supply is a question of the utmost importance to the people of this State. It has become a settled conviction in the public mind that a coal measure in this State is valueless, unless owned by, or in common with, a railway company ; and that railway companies control the price of the entire pro- duct. Is this conviction justly founded upon fact? The Commissioner is unable to answer. Owing to the more important labor of organizing this department, inspecting the railroads belonging to this system, and gathering infor- mation required by Statute to be put into this report, and the short space of time in which to do this work, the Com- missioner has been unable to learn more on this subject 9 6& RAILROAD commissioner's REPORT. than what was absolutely necessary to a correct determin- ation of the complaints brought before him. A few things have, however, fallen under the observa- tion of the Commissioner which bear upon this point. Private capital did not develop sufficient product to supply the growing railroad demand. It became a matter of necessity for railway companies to provide for themselves, besides it was a matter of economy to do so. The Colo- rado emigrant, with pick and shovel and pan, was looking for gold, not coal mines. He was a purchaser not producer. The enormous consumption of coal by railroads would have overtaxed the producing power of the capital and labor invested in that industry, and resulted in enhancing the price even beyond what it now is. Under such circum- stances, it can hardly be declared objectionable for railway companies to have invested in and opened up coal mines and to dispose of their surplus product over and above self consumption. The necessity for a steady supply at low rates, may necessitate continued operation by the companies; but as private enterprise enters the field, opens up new mines and crowds the markets with an increased product until com- petition becomes not only active but aggressive, the intelli- gent railway manager cannot fail to see that it is not for the interest of his company to stay in the markets as a com- mercial trader, continually antagonizing the patrons of his road. RETURNS. The first return published in this report (being that of the Burlington and Colorado Railroad company), is an exact copy of the book of form of annual returns prescribed by theCommissioner, and contains all of the questions pro- pounded to the managing officers of the several railroad corporation's doing business in this State. By reference to KAILEOAD commissioner's REPORT. 67 it, and the returns made by each company and herein printed, it will be seen what questions were asked and what answered. In the published returns of all other companies which follow, all unanswered questions are omitted. It will be observed that, in a large proportion of the returns, many important questions elicited no answer from the officers, and no reason is assigned for the omission. Upon inquiry the Commissioner learned that omission of answer was not for the reason that the company refused to answer, but that the information necessary to make answer was not in such shape that it could be readily given by the com- pany, and the officers assumed that a blank space showed lack of knowledge or power to answer. It is quite clear that some answers have been omitted through oversight, some on account df economy of time and labor to make the necessary computations, and some through misconcep- tion of the importance of the information sought. The Commisioner urges upon the attention of railway officials, the necessity of answering each and every question asked, or stating the reason therefor, so that the returns, made in the future, be free from that exasperating uncertainty occa- sioned by a blank space. This office has not sufficient clerical force to either make or revise computations which are called for by questions propounded. Incorrect com- putation is worse than none, for the error is not discovered until tabulated statements are made and proof work com- menced. It takes longer to discover an error than to make the original computation. Special attention of the several companies required by law to make annual returns to this office is called to the fact that the Commissioner's annual report must be made to the Governor of the State by the first day of December of each year. His Excellency must have time to examine it before writing his message to the General Assembly, and the people should have time to examine it prior to the Leg- islative session, that they may be fully advised as to cor- 68 EAILEOAD commissioner's REPORT. rective legislation, if any be needed. It will require fully thirty days to print the report, leaving only sixty days in which to prepare it for publication. From experience of the present year, the Commissioner can advisedly state that such time is too short. It is fortunate that the delay in making the present returns occurred during a year in which there is no session of the General Assembly. There will be no sufficient cause for such delay in the future. While it may be that some of the companies might have prosecuted the work of the present year more industrionsly, the Commissioner is fully satisfied that there has been no willful delay on the part of any of the companies ; nor has there been riianifest any disposition to work heedless of the law, or to embarrass the Commissioner in the performance of his duties. The Commissioner is pleased to be able to make this statement, in behalf of the officers of the various com- panies having the matter in charge. W. R. Felker, Commissioner. Attest : Henry Felker, Secretary. STATISTICAL TABLES, COMPILED FROM RETURNS. RAILED AD COMMISSIONERS REPORT. 71 o o B m < H I— ( < PQ ■OpBJO|Of) u! SJapioH ■ OptlJO •OpTJ-IO -|03 UI pEO.1 •jsd panssj ro " ■^ in 8 J^ ■-l- O ': : c* •^ CO a- o CO in o ; :' : : : m ^ s ■^ CO 8 8 8 8 8 8 8 8 8 § o o ^ S S 8 t^ 8 8 8 t^ in (M [>. =1; * m oi CO ■JDIl-HSUOD 0} panssx ■pans -s; ^unouiv ■pans -SI ssjBqs JO .laquin^ •pazijoqinv f^S^ 8 o" •f 8 8 8 8 *R ^ i i i =5 i ! i O i n f <:(au0DQP0P0OOO5 72 RAILROAD COMMISSIONERS REPORT. •aiiui m w Q ■iqsp puE ^iDOig ■op-eio 3,]iU3sajd3^ '3IIU1 asd lEJox ■papiinju^ '3IIU1 Jsd iqap pspun^ JEaA -Suunp pansst spuog •papuiijj H B. "^ o ri 8 O -o n O !5 .2 •f=, * ^ 3 -a Tj Ui d VI ^ - « n »n N >n o\ « OON 00 ^ o\ ^t^o \o t^ \o' \d w in *o " ^* CO ". >o in •jaquinisi Tl- N -*■ « in -^^ i •3l0Bj; |iBj-3ajqx : : vo m : m : in : ; . : : ; ; i " : « ' III::: % ■paiBJsdo iBjox vd •sauji pasBa^; J i « : 1 M i M M 1 •saqouBja : 1 1 h" ■3UI| UlBJ^ 8 i Atchison, Topeka and Santa Fe Burlington and Colorado V ,1 u 1 Q O T3 U 4) Denver, South Park and Pacific... Denver and New Orleans Denver and Boulder Valley Denver and Middle Park Georgetown, Breck. and Leadville.. Greeley, Salt Lak-e and Pacific Union Pacific Con •Golden, Boulder and Caribou 3 c 10 74 RAILROAD COMMISSIOITEr's REPORT. w D g Z O u < « CO 4 pii -xBui jsaSuo^ a, I 8 « n 8 1 8 J § § § r% « r| ;S ■aiTui xad 00 VD CO mnmiXBi\[ ^ : : ^ o r„ o* ^ o> m 1i ^ « N " •^ IN •saiita ui R. ^ ^ o M ,S vo 00 m 9? JO iijSusi o» o °° o- '*■ lO J^ (» M N f*- ^ I aiBSsjSSy '' L. * X- " * lO 00 ir IS S np^j IF in jfo nj3u3| vn in IS ^ B 3]'eS3j3Sy ■;aaj ui snip o c ? ■R ■* ■* fO « in in rn in m ^^ Oi 0\ "^ ir « 0\ 'sXbavhSijj \o IT -S S 3- \o ? s m O 11 * ?J <^ p «! _u ■pBOJl^-a in l> VO M m o\ t- ■* ' ''^ w « ? ^ ^ in ■poj asd 5S03 t> t^ y ts v> (b •saiim iBjox Ol ro r m • (J\ M " N ■sj,jC ui ssrijj c. o N « « « e uapooAL aj;-^ i S2V3A UI s^id o in O 2 c puB-jssaj sjit; o •533} 00 . - ! Q oi a m n^Snai •^ CTv 95eS3j33v ■JESit in ^ „ ■4- en Suunp limg ■^ „ ^ t" m ^ - N ■laaj ui t(53u3[ ^O H MD N c 1 in 33b39j33v 0\ T f ^ •jaquin^ C . CO t- ^ i; 1 0\ ^ T3 w ^ I! 1 F n S i^ 'J c : y3 i 1 0. c 1 i ^ 1 ; P. c" c c 1- 1 '^ " -5 I J2 c J ; 1 S c 1- c c 8 S n i: c C C 1 1 1 o c — - .2 ^c 4 F > S 1 n. a 1 C -H . w CO it- •S^-EiqUIBJUHlIAl. N N ^1 R II saAijomoQoi -ojii 1 ■ajl«jqji^q;rM \c 0\ rfi N 5' " ^ K » pd,ba sJBD ojij; \o ro *£) ^ H-^ UB3 J33U3SSEd « ;^ :^ u ^1 JO iqSpAL 'Ay T ? 8 h' c •o 1 u^D jaSusssBd ;^ " ;^ :^ 1 JO iqSiaAv "xBi^ p ■* 00 \o c« : "1 •japua?' pus ^ 1 ^ >f : 1: aAHOUIODOl JO T O •^ 00 c t». M[Sja aSsiaAy . . II uapus; pus S- § 1 ■ 1 3AH0UI0301 JO m oc " ov : oc OC fO u :iqSM.ui,iiitXBjg; " 1 H l>^ « = : : '|EOD pUE g; s- s, : M ^ ?^ in : ^ ^ lUJOJlEId cT " H co" 1 r. 00 N ■* ; *: ^ " £■ « C-^ Ol : \o o ■513X110 nv ^ ■iqSisjj^ >- c cy. - ; <- ^ Si -g t^ cc 1 S o o ■jsSuassBj On M ^ ■" CO w ■* : " ; ? i : 5 fc >- 13 3 O S 2 8 ^ T3 til cd C o H 1 c t c 1 .5 1 C o "1 a is > c I c C I d Oh c ri -^ § fcT s c I c c > "a o pa > 1 13 a 1 5 1 3 O m at i c 'C c c 1 c B o ft Q ft .« q y * 76 RAILROAD C0MMISSI01O;e's REPORT. H to O U I > M jsd sSbjsav •OPBJOX03 aj ■P!'01 J3d 33BJaAy •opBjoio^ uj Fioi iiS" >g- -g^ in in 00 •S' E-i 1 ^o\ : en CO : s 8 - 8 ^ ro ; VO . 8 : ^ i Ill o RAlLROAt) commissioner's REPORT. 77 H o -1 < •I^ox a 5 d ! : 3 ^■ 8 i g. i i. •sasuadxa -xif wiiio UV ,C7* ? j q^ • -8, 1 ■sasusd -X3 JS^lO pu-B saiJ-EiBs 'S313US3e *3uuabui3ua h ■sioo? pUE 'jtjautqo -■EUi 'sdoqs 8 K 00 « O u ■sSuipimq J3H]0*S3iqE5 uam 'spsqs JBD *S3snoq aui3u3 ■SUOTJ puB spaqs IH03 'SUO^B^S 2: ^ Tf 00 ro ■S30USJ pUB sa3Etu-Bp puBi 'pu^T; «9 8 j 8 K i g, • %■ 8 O •S[IBJ 3ui -pnpiii sjrii -OTiJiisJadng 1 " : m K 1 ■jUuoseui puB 3#iSpua i 8 w m ro ro ro -^ •Suip-eiQ C 5 c o 3 i- -1 o H 8 < J 3 C ^ J ^ 1 H 2 i 1 i h 3 1 3 C ) 1 > c c. : 'i i d t: ; 1 1 -1 1 e : t. : ^ 1 c. It 1 i 3 " ' ] 1 1 1 J . 1 1 ' i E 'Z i C 3 i: i 5 5 f ■i i 1 1 1 , 1 il i i l 1 1 1 1 5 !. H 3 t si, ■ 1 1 1 3 Pfl t ) RAILROAD commissioner's REP0R1\ ■JKSA JOJ 01 UOpipp-e 35^ ■sjunooo^ •siunoo -D-e asaqi 03 ■S3Jm -ipuadxa jaipQ •piox ■Sp03 pUB SJ3AUp -3]id 'sJbo ■sa^iBjq 21V pUB SJED jsqio 3[Ild33]S puB Sui -UIp 'JO^JBJ •SI1S3 sSBSSBq puB SS3Jd -xa '^iBiu 'laSusssBj •S3(DTUJ J3JSUBJ1 'SAVO]d AVOUg •S33(BJq -JIB 'saAij -OUIODO'^ t-« ■^ ■^ 8 •*■ •> .1 « ^ ■* 1 VO . in -1 ro in m OV !>■ fO 0\ m CTi ■ ■* ■^ VO N m 0* in S VD 00 -It; 0" 0" 1 ro VO ■<- 1 « 1 fO VD N : CO vc 00 a 0^ ro 1 in 1 «% 8 S 1 IS. 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C c ^ 00 f- J: VC f-. -4- f T r- T VC VC VC o\ ■q^nos ptiB 1- \c 2 • "^ ^ - \o o^ \c „ t "2 "^ 0= v£ ■^ ISBS SJBD ^ s, s ■) : r-. c I : 00 u T ^ \o ■s , •■ S ,? K l.jjpapwT "^ T u « c t m *" C o" T O 'Z [I] i s s ^ <- ^ i : > i X 3 8 1 c n 1 1 c : t. : ^ : ^ ! cS i 1 i. 'Z I s P- t c 1 p. o t > )- n X c =1 ii s c J; 1 PC i: . 1 .1 i . o T3 C rt «l V .s c c - 1 c i y 1 c i J c? 15 I ' a c > c > > 1 ^ A 0. "< 1 ^£ll < ff ;! (S a c c a: c I C 1 111 RAILROAD COMMISSIOWER 8 REPORT. 81 Q in < u w o < s z o H o Q <: o 1-1 o u X On t^ 00 1 -?- ■. t-. Tj- o CJN N !>. 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"oo c^ ■.~ o ~c6 VO ^o "1 cr ro N Th ■^^ o\ : ■JUSD .13d: VO ■c c CO q 00 q ■* : <^ ^ fO ro C) d N ■^ fh « : w t^ __ •sjonpojd ^-EJi i-T FN, 00_ 1 ^ I - !S in ON H^ " 00 " ! ! °2^ m ^ ~"6r o On ? « VO : On •luso aad qv VO c in o 1^ : VO VO IV ^ •-■ pi~ « o oc c T On T in ■spuiiuv o\ in s. - ■• S c* p 3 -g ■* in oo" as in M c^ m N T p. ^ « « M : o' •5uaD as J '* T C * m o ^ " 1 N 00 ~vc r^ ^s t^ Ov OC Th : •^ : On •SUOlStAOJ(J °°- r^ VO J •^ ■" * fO 1" -il- c- in t^ ^ o fn : ¥ ■1U3D J3 J Oi CO ■* m c •-' " •^ vd ': (M t- r7 t~* VD C c t- c CO "<■ m 1-.. -< c IN -ct- N On n 00 jno[_j o» °R, ^ 2 "^ c ^ ^ vo_^ ; h" c ■* ■I c • > 1 d : ys ; o : c4 en -o a cd t o d 1 u 1 1 X c n IL X c s- C c (5 -a o 1- c 1 1 4 X) -a s 1 O XI C 2 X) : 1 § U < g a o a. C c 1 X c 13 X) a c" 3 1 m 1 t c V u o C o 1 Th > > B > > > c 4-1 ■s ^ .2 1 1 H 3 "c i; J: 0) H V 8 "o < eq L P P P p Q p O O 82 KAILROAD COMMISSIONER S REPORT. pgjJJBDiiUOllBlOJL ']U33 J3j 'p31BJ3UinU3 lou 3SipuEqDJap\[ C4 H oo h" ro ■* O m ro VO M : « o\ m o o tp !< OS 00 ■*■ H " ^ « XjojD'Ejnu'eui uiojj paddles •Jiouq puB auo^g ■juao J3(j sSupsED pire laajs •juay J3(j jio puB uina[0Ji3, fO ro w. o a\ n" H w M \0 X . U > fj o -a u cjij r (C (1 •i : c : ^ : "E 1 ^ X) C B r > 0. J; p. 4. rS i - : '^ o a: a. c X T t ^ 2 ■S ^ M S » S H M < CQ U P n R R-Q O O O o o & 84 KAILROAD commissioner's EEPOET. w m Z W X W X W < "snuQAaj opBJOp3 ui pBOJ OJ 3(qB ■aSj'Eqo [E40JL •OpBIOJOQ UI S3XBX •^\IU1 J3(J ■S3XB} §UI "ssxei Suipnp -UI '(Ejaua£) 'UOIJ -EqjOdSUBJ] Suponpuo;;) ■sJEO pu« JSAVOd 3AI10J\]; "sSuipimq puB A-e/^ ^ S W B. p \o >o ^O VO m o\ o\ ro <*■ CO ro in i^ \D fO -y- a o\ * 10 CO ? ^ t^ ■* R Ch in CO o\ V3 00 ■t- « M M « ro w « « « w ■* V& > « o " !S b P ■3 ^ g 00 o\ \o Tf -+ ■^t- -*■ 00 ? e- -h t^ ■* ro m m VO VO t-. >o ■* o\ VO m t^ in t^ -n 10 A M ^ RAILEOAD COMMISSIOWEK S REPORT. 86 < o o g < w O w in Z w Ph W O Z O 175 W ■J pq < •pjuaj 510BJX W K ■SJBD J33a3SSB(J -OUIODO'^ 'sSmpiing Dja *S3onaj ■DJ3 'ssSpug ■S3T3 JO lEAvaua^ ^ JO pAvaua-^ paq-p^o^i ■* >o ^ fo ^ CO £?. o ■s a. N 03 h% M ■o w, g I-* ■* X ■* o\ «a 8 ^ tn s. s .g^ g, ^ - ^ R a 00 M ^4- o \o in VC -<1- X ■w. " '■■ tr \o CO ■* « o t^ O ■^ 00 CJ' n rn N 00 N CTi t& W. ■tj- M M ■s a\ o\ (Y) VO 0\ q_ 1 o ps'oOQOPOpnoo 86 RAILROAD COMMISSIONER S REPORT. Z o H o PL, en Y, < z I— I H U ID Q Z O X w 00 t^ t^ « ^ m Ov ov fO in 1 « 1 ■>*■ 0\ H Oi w m On H "^ „ »o 00 H H « ^ fO o\ N vo ^ •qdaiSaisx ro m *£ g 00 ^^ M l?.| K 1 " 00 ro IT 4 •S '■ '^ 1 oo PI _■» ^ _'_**_ ■e IT vo ■OujBqiiqap n-i .l^" *SJ«D sqSisJtj VC " S JO 33e3I!IM « b oo" ^ ■<1 ; 0\ p^ ^ »o O ■ o> t^ 1 ■i. * ft * * K M ■«■ tf ^ ■6ft i *o -<^ DO VC m a : o c OV VC VC fn t t^ •aDu.jEqaiqap .^ in ov r^ w , -. r^. TT ^ - >£> 'SJEO jgS,sEd C CO >g " 8 00 0\ VC 00 JO a2e3]ij\[ ^ en vo 1- in ot ^ i W li «& ic : « 1 ■* C V 1- oo r^ oc ■* VC ■sajid ;; \ i c : ^ ' I s ^ ro in ov m oc vo CO vo cc s, 1 O -dns uiBJ} c c M in ; M^ jaSuass^j c 1 f T "* -*: 1/ s 5 w 1 c ^^^ T H : S Ov >- ■<^ N ON r- H O ■< c c •^ f .. ■ \C r^ 00 OV M QC in ■aoiAjasui^jj 2 1 VC ■ s 1 . c T 00 1 CO ? R. f n M M Q t» jaSu3ssE(j c ; : \ ■) ■* in m" «" co^ a " ^ T f- *c ^C C -« CTi 1 « 3. tA c T ^ » o: - ■ i s o 5 r- " ■"^ S S- 9 -i >o c t^ C " f s (N CM N m M ov w c "5 '33IAJ9S t^ cc oc O t^ P p^ m c % T I •■ ro -^ ; t PJ^ " O !>. r-^ V£ 3AnouioDoq p ) n T c m T o" 11 rn p ? c 2" \c m h- c ^ "^ c 1 & ^~t ^ m ti- ov c n m m cc C4 c ov ^ m 1-* Os »■ t 1- m 1- c t^ t^ t^ -ii- r V H \c « : < , vo c ^ K (h Oi Ov -* -^ ■31S^Al,pU'E|I0 c " \C 1 a ^ c ov m in oc ! o. " c c V CO w 9. fA, * ^ T : c a 1 H oo c n m w u T ■* 1- CO 1 -U- -^ r T o\ "l^ Th c . « a ^OC "4- VC vo m t^ T«- t^ VD n 'Xid 5 S 2' 1 '' T >■ ; S; S ■^ o ■* VC M P) oc H -dns jaj-Bj^ f 1 u 1 cc % = •& 1 « 9. t c ^^ TO C ^ r ^ o in c IH ■* u 1 : r O U 1 c vo t^ 00 li T ■* C T VC Ov f n m p 00 o t-. in p D VO ■SSApOXU 1 ^ ■! 1 : ^ ; ^ ^ ^ .^ ^ IC' t; 2 ? -ODO] joj'isn^ I ■ tv VC 0^ Ov ^ M ■ a ' to n (N a •-, w % «^ « >•" £ t 3 \ & c a c > & L b •^ E c£ J C d - ' ^ 0. ;z p: ^ ^ i da -^ ^ ) - - u 3 E- 1 '^ dS '. * ^ cfe ^ J eft i ^ 3 P t/1 fl ' H % « 1 ff i- ft c c P C ^ c L J e ) 6 t: ) RAILROAD COMMISSIONERS REPORT. 87 Q W D Z H O W < ■pjBd ■uQSupuo3 Suxsij ■43Ap'E puB apis^no "Sui -juud puE AjbuoijEig ■aouBjnsui *S3SU9d -X3 |bS3^ ■S3I]d ■dns iioji'E^g •sai[ddns uopujs puE svxsSy ssunfui |BU0M3(J ■a(35E3 pUE Xl -jadoid 05 SaSElUEQ ^qSisjj piiB a3E33Eq *SSO| pUE aSBuiBQ; f^ H m 0-~^ 8 0\ X ^ CO r 1 " ■§■ "3- ^ CO CO 00 vO VD -g- : 04 oJ d *! > &< J •a I a »- Z « S *i *i J <- jx in M *( rW m m tn a _5 O O 5 88 RAILROAD COMMISSIONER S REPORT. CO O Z z Q w S o U in W X o z tn W z w o Z Oh O w •sSuTUJ'eg O) S3SU3dX3 JO aSsjuao J3(£ ■pEOJ JO 911UI JSJ J3A0 sasuadxg; •s3ui ■3|IUI ■p-EOJ JO ajiui J3(j 'ajiui •pBOJ JO ajiui jaj; ■anu3A3j ■pajBisdo S3[ij\t ^ s h ? <: M CJ CO en H e-l ^^ — ". — l^ -w tH o> •£ i> t, \c CM t-^ : crs ■-< C3 CO lO vn 00 CO w. is Crt n 1 ro ,H M ft " H " " ^ "^ H " vn : m m -*• Ov in 00 N 3 0\ t-N C^ 03 vO <-r> : 00 cr, o 0^ ro o\ 00 «. ro ^ « fn " W « M " ^ tA 't- ■* : o "O \o VD t>. ■o ro o t^ CO N ro 00 o> C^ r^ Th : fit ^ cj *i *i CJ ta p<' FM Z CO S ■a =8 ►4 o R H *i d i-j d(j en dd di) X a m < ■anu3A3J i^oj, anuaAS-g •mojj laquin^ anusAa-g 'papJEM. -joj suox ■guipis JO XllOEdB^ 'Hd-EiSaiax •jo ja}0BJBn3 sg^ VO H H >? POP 5 -a .a 3 o s: J= o u u u P W O M K K 90 RAILROAD COMMISSIONERS REPORT. O w •p z o > X w anusAaa i^ioj. in m M 8 8 o , K> o VO N o o o o Tf o\ ^ in .^ M in 00 t^ rn m •atiuaAs-a; CO ■ R Ul *o *^ !;' ^ in T I'j u Wl "* Oi P M O g tJi « o f^ -^ „ 8 in t^ M •mojj N ro 00* ON 8 « >n in m « o in M cn •»nu3A3-g 00 t ■<^ s w" rn yo " (-1 ■SI s [B « N -^ in •O 00 in OO ro VO 00 o 00 ■papiBM ■^ ^ 00 O m m Ch o= OO N 0\ m -joj suox N R -§. o ' •Suipis M CO 'O ■* m S fS ro JO jC^p-edB;^ 6 Z ■qd^jSapx z ■12; 'z z z Q Q Q Q 15 •JO jaiDB-iBq^ i 'E £ > ., i; ^ 2 ■? ^ JL f 0) i J ,4 S Z o ;6 tA d H RAILROAD COMMISSIONER S REPORT. 91 (T) o H CO O N C4 o Dn, « "i- CO ■* t 8 w* t^ « s 5 ^ o i o 3 M -a- w w" 4^ IN N « ro >-i IM m H •T H M w 13 fl 2; z o z z z o z z z o n n pq n m n n n m i»S H -^ o o o o Q z X W pq -< H ■anuaASJ t^ox 00 Tninis.(no\w \no -^mo ovc toooo mo H « t>. t^ tn \n a\ . \o I- as i •snuaAa-^ N in»no\« r«»w m-*vo loo" o* "o « mojj jaqiunM CO d ^w Ovt^-N rO\D t-i(0\^0 C« OvOO 0\ moomci*OroOv'- Z t t ! c 1 t s c 1 c C c 1 RAILKOAD commissioner's REPORT. 93 Ci 00 oo vo m CO H P a a noon n m cq n E fc O O O K W > is ^ ^ .5 fe 2 S Z ai 94 RAILROAD COMMISSIONERS REPORT. ■3nu3Aaj 1^30 j^ •UI04J ■papjEjtt. -JOJf SUO,]^ •3uipis JO Aip'EdE^ (S •qdEjSapx •JO jaiDB4Bq3 5 en Z <: < ►J !1< H Pil a < ►J O O o s s z ti < p n » z z .s <: ->! K « p:; p« 03 1 ^ w M u b. c V. r 1 S 1 ? t F p z, : o c If i C 0. ° 1 P c 1 c _4 RAILEOAD COMMISSIONERS REPORT. 95 ~^ s O Q O Q n n n pq E ,-2 rt ^ ►^ HocjcJuPW'WW.fcita o W J S S I ^" 96 RAILROAD COMMISSIONER S REPORT. ■snuaASj iBjox '3nU9A3'^ •mojj Q U & g Z O u > X w ■papJBAv -joj suox •Suipis JO a3J3BJBt[3 'Hd-BiSspj;^ •JO Ja5DBJEq3 ui ro oo oo oo o o o o cj CJ Q W Z U Q S S3 .5 ig :2 m CO m CO EAILEOAD commissioner's KEPORT, 97 ■S' 1 i t 1 • "o^ : : i & I*. CO g- Q G .S2 "U > s I I i :§ mcOBPStqcQUUOOUOOOPOQQ Q . 98 RAILROAD commissioner's REPORT. Q .W D g Z o U > l-H X w anuaAsj i^iox ■S ¥ S ^ J O^wtnoSiO O !>• 0\OHi- MHONH M ^DM«^■ " * ■UIOJJ jaquinj^ as '3nU3A3^ « 00 in lO 1 -g -S ¥ ^ 'pSpjBAV. -40J sue J, ^ g a 1 -Suipis JO XiiDEd-e^ K a s. -s' ■^- vo^ »o rn (>r m" oo" QtNfnvooNooQfn ooooo mw cnmoo t*. lo ON fo w^ m oo_^ o^ >n ■ qdEjSaia jL « Z Q • fi 2; Q Q JO JSJOBJ^q^ u cq pa P3 a n m 09 o 5 H Q < C X ij ■<: X 1 1 "1 1 c c 'I c "c c 1 C 2 4 r 1- .2 n ft! > i 1 It 2 •S 6 o c C c c c G t c 1 QtSoooos, aKwSK5.i3w^ EAILROAD COMMISSIONER S REPORT. 99 in m o\ vn lO o\ « Q O P !z; P Q P 'A o U3 * ^ ggggaaSs e PL, .w 3 -S -S 100 RAILROAD commissioner's REPORl'. P w ,z H Z O > 1 & s >8 a c m R N m n w -*■ ^ H » ■* q ^ •anusAaj l^iox ts g o o m c Ch « o ' 0\ Oi Cf u- VI CO •anuaAa-g " ^ i 1 ¥ 1 ^ ; oi tA 00* CD u in M M VO M > w C4 <: m H tf) •* £ TT t-. ■UIOJJ H jsquinj^ ' f». o- 0» Tl : « o\ t^ 00 VD t>- i> ■^^ [^ ■* t> 00 t> : VO ■* O H f^ N tr •snu3A3"g u !^ VO : OS NO H \o > • o" tC (^ T H W M » , o H Bi h IT *o : " "^ m in o ON o\ C : fo VO "* m ^ o> : CO i> M •papjBM. 1 : '-' -aoj suox i>- 8 ^ \c "^ N o\ ■* f 1 ■* f- 1/ in ^ ■* o» in 00 o . H On CO m ■3uipxs it tH M 6 ■JO XipBd^3 £ 6 •i^dBiSapx a • Z (2 1 i^ c a •JO jajoBiBq^ m a cc : * ec cc m ' • m Q vi 1 ■S: 1 a ' 1 o § 0 00 S 4 1 4 1 1 1 < > . i i 1 1 ^ 1 i E 1 1 = H '< -< < < -m n '« n n n n- m '« n 102 HAILROAD commissioner's REPORT Q D Z z o ■anusAsj i^jox ! i g 1 ■snuaAa-g \ ' ■mojj Jiaqtun^ anuaAa-g; 'papJBAV -joj suox /lO C^OO'^t-.M MO\« N o HroOi>-i-ifOOO\'* O yo^ 00^ 00^ q^ IN « fO rn m" m" •3aipis JO ^lI3"EdB3 No. cars. 40 39 35 117 a m v3 M -^ "HdBjSaiax Z : i 1 \ z p ■JO 4313BJBq3 ■ m ea n n K O I a i 1 ■ a •S 1 6 « .. i ■ 3 a p a' 3 J . s Q P i Q P SI s p S P : : : ■ : ^ u is - Q P 5 /I a § p i. 5, 3 q P i i Q P Q C ■3 . q c EAILEOAD COMMISSIONER S REPORT. 103 : : i i f O N f 1-1 \0 % 25 2; o t t- g -s uCiHdooalOcdOoJ!s3j:}j::ci]rtc<] c 5 O -J 104 RAILROAD COMMISSIONER S REPORT. 'snusASj lEiox Q u Z H Z O (J > w PQ "UIOJJ ■anusAa^ -joj suox •Suipis JO X^ioed'E^ • qd^jSaja j^ •JO ja3QEJ8q3 M t^ CO fo in oo N P P O Z Q cq m m n c 1 1 c c 1 s c, s i & I 1 g C 1 u 1 P o u u y u ouuyoyouu RAILROAD COMMISSIONERS REPORT. 106 S ^ Oi Vi \o o p P a a a P Q Q Q Q 'a .5 B ■ o D p p n Q i J 5 f^ :! „ a 1 8,- s S -a ^ » » ;^ !4 a bj bi 106 RAILROAD commissioner's REPORT, ■anu3A3j i^iox td Oh •anu3A3-y^ ■ i 'lUOJl 'anuaAa-g; M H oininoo o O O(*if^oo mo O -e-oo mt-CTiOOO ro-* -N OOO 0\\0\0\0 t^VOOO "^M « m -^ O ;*\O00 -+0 M -« roO_roMt^ MM m h" in -^ •pspjBM, -joj suox \o mooooooo •& Oi (j\ cr\ ^n n ■*N>OOM moo t^MM N M VD in On M , N « S 8 '°'" Suipis d O (*1 " c- in -e- vo 0\ lO ■TidBiSapx j 1 1 : 1 a 1 : 1 1 : : I 1 1 -JO jajoBJ^xo : m z o H Q < 1 1 Q 5 : - i i s i c 3 i % ) b 1 > J 3 J i ' : b j ! c ] ! c 1 1 4 Ft J < i i I 1 i 1 C J EAILEOAD commissioner's REPORT •107 ^ % Q 13 13 P •A n m n m O O O O O ■ss a o. o a o s E S M in K K !^ S 108 RAILROAD commissioner's REPORT, W D g H Z O U > t— ( X W P3 < '3nU9A3i I^;OX • i i \ 2 ■snusAs-^ 1 i : ■ i ■UIOJJ •jaqmn^ : i : : ' i i i 1 : I • : ! : i 'snuaAay^ O «3 N "»h fO O fO "O ro « N tx wi ro \0 tfl, ro t^ o o t^ « : o ■* ■* t*. 00 lo : Oi ■* « 00 o o\ * S- U " -2 g, R 1 ro : •papjBAv -JOJ SUQX CO 0\ !>■ « H « T^ OO ■>»■ O ^N M N^ M S; «" (» S- : H fo cs : * '3uipis JO jCipBdB^ E 3- ° d z g- Ch ? .o "S s as, : ■ildBjSspx n a a 1 ■JO J310BJEq3 n ffl' m M 1 z o 1 •2 1 d ^ 1 ? a ^ M ! 3 1 1 1 1 M 3 C i 3 ! a p i 2 : i 5 5 E 3 ;i ii 3 3 1; : s ■1 H i i • 1 ' i i ) - il i i 1 i . I I \ i 1 V EAILEOAD commissioner's REPOKT. 109 O -^ CO H z a r z a p o a z laS iJ i-l J ^ 1-1 ►J ^ ij h^^jSSSSSSSS no ■RAILROAD commissioner's REPORT, w O > l-H X -snusASJ iBjox ■ i '3nU3A3^ i ■UIOJJ I 1 1 i i 1 i i i 1 i i I 1 1 M : M M M M ; M ; ■anuaAs^ c^oc»\o e>-«-m« 8vD S ■o^ in ■* "* N^ 01 ■* OS ro *o •papj-EAi. -joj suox o\^ in-*M fomt^o l-lO^»■m^o■^^- \on q; "^ N M vo^ N in ■ -i- % 1, •3uipis ns 1 ■^ -,1- in DO »o t 1 -r 0\ rr •qdBjgapx QOQ2;2;:ii:iO| •JO J390BJE113 m 03 pq pq m n j 1 z o i a < s ►4 1 s 1 6 «i ^ =«- 1 3 -* 1 J c h 1 a <: 5 S 1 1 3 s a < c i • 'i . J 1 i 1 1 3 S 3 2 RAILROAD commissioner's REPORT. Ill • 2; o 13 o Q a OOP n m ea m iz; z 2; o a o S 5 I ? S g I Oh Ph PLi FLf Ph Ai Ah CM fli PM Ph (1$ k; a! 112 RAILROAD COMMISSIONERS REPORT. Q H g H Z O u I > X w ■onuaABi IE JO J, « •gnusAS-a j i i i cu a : u ■ t/) in •«J tu •UIOJJ : 1 c ■» C^ m m vo o\ m 0\ o 00 1 1 'J-* « o o VD 00 /« C4 r CN O \ : ^ r- M in o\ •* 'O 12 '<' 00 c F. : c ^ o^ ma 'tf o\ rr, ci •anuaA3^ c 2 '^ t - :^ r^ 0\ MJ H S ' 2 >£: •» t^ ■ Tt- r^ CO ^7" VO m o\ ( • H rp T^ t^ (J. 00 1 ,c m I « q; oa VO M •papjBAV ^ " c n" i H \o -joj suox ^ I f • ^ VC eo 00 -d- m « ■Suipis 2 ^ 5- P I r : : \c c ■5 ■, " JO itjiDBd-e^ : j 6 I?' <• » ■ildBjSapx c c i c j C i ! ^ z i ■JO jajo^JBiio FC p: i \ (£■ : ^ : : ^ n i tn 1 1 2 S "^ H ifl ;;• O U (3 a 1 1 < d pi it : =3 1 13 ' 1 -^ 3 u c ! .3 f^ c s ll 1 ■S ; £ 1 da " 3 O 3 ^ ^ 5 8 -^ 4 « £ =; j -o 5 1 1 „ 5 ^ 4 i U 1 a L 1 ■£ 1 ^ P i £ a i eJ ^ 1 t/i w ti 1 1 V 1 rt 1 tf) 1 c/ o 3 C/? RAILROAD commissioner's REPORT. 113 : I i j 4 z a o ^; •^ J ij ^ ,S w, -g B Ji U3Cfic/3cpc/lc/3V]WCfiu:cficfi Ph o (HhHHHHf-iH 114 RAILEOAD COJIMISSrONER S KEPORT. Q W g H Z O U > I— I X w '3nU3A9J I^JOJ^ lUOJJ ■anu3A3^ ■papaiBM -joj saox •3ui ■pis JO AiioEdB^ •UdEjSspx ■JO JSJOEJBIi;) Q P a I 6 pi Q 5 ^ >>>>^^^^^^^'i^%$ RAILROAD COMMISSIONER S REPORT. 115 00 , : ^ P Q O m m ca m ^ ^ » M O P S z; w u w « « g W o 6 ^ O in O pq 2 U p 13 O m zf w P >-i o o 2 W OS o o b < PL, Z; o t3 o o K iJ hJ o <; X 1 Q m t- >£) "* On o O w fO O, in M v6 m M \o -* o\ o\ in t>. m O in Oi VO p 1, 00 m oo m VO tv C4 ° a C4 en M M \o ^ ? OS d ■w. M 2 fO u . o z a N u- O 00 N m t^ C) W VD 1 'ro ■<(- < in C3S CO m -^ -*■ m 04 •UIOJJ "2 N " in i \D jsqiunjiq; VO o\ \o t^ ro t^ oo « I t^ m m o\ \o t^ I^ CT. : ^ U3 a\ o\ o\ •anu9A3-y[ VO l/l ^ •^ : \o "„ t^ CO ■w. ? " H fi n 1 M OS h r^ VO o cy. m CO • o 00 o\ ■* . J > ■ t 1= - s c f ft 1 ! . p: i o W E O o tH ffi W t^ ^ t-i hJ S s ;zi S S f4 ^ ^ 'S ''^ rt o ■" c" -d ^ 2 5* M ho « 5 ^ =>-&■ 3 "^ "o s s s 1 1 g u < Pi <; w u w c/) O W u IX, o w K P 1-1 O H < U • O m O in W u H Pi < > X w m < ■sBej ■^ooa ■Suijy JO 3513Q ■sap ■aou3 -3STX3 JO SJK3^ ■3|D0}S JO ;,Tiiv [X4 S H o iz; ■s [X. 0) 3 a 3 o 1 1 <^ 1 CO H 1 H 00 ■^ ^ y^ in vo" in cC vo" in in ^■^ ^'■ M '-' N M ■^ A S o J3 J3 o a < o iz; > 1 > > o o 1 1 V a •—> u c 3 "—1 8 1 < o 1 o o •J . OJ ^ J U = = s g 5 iS 2 3 «; R * SB n •U T3 T3 " ^ rt :g (utai^sommwoow 3 H 2 rt bo (^ ■I o rt "2 ti S e Ji o o o 'C O O fa O M o ^ a en = o U ^ P us' o O E o O S J " o s o U d O E o U >i OS a a o O 1 Pi u i s E o U CJ o u U P< B ^ f^ P U ^ .^s; c ° IS o ° ' 3 ca "o CO "3 O U O O O 120 RAILROAD COMMISSIOWKr's REPORT. •sSbj ■Jjoog ■3u;(y JO al^Q "sap -pai3 JO sjbq; Q W D Z - 2 O > X! w' •3DU3 -]SIX3 JO S-I"E3j^ ■ypois }0 4,mv w fe r^ 3 CO ". 00 00 00 00 00 03 11 S P o 00 00 00 00 OO CO CO 00 § o << S Q a i: ii M ii o u t: u c< 'o d Ph, ^ I o o rt rt w rt s^ ttH U O U P U ^ ifi iC ^ Id ^ M S S 3 u u m cj J b; S .- -a C ClI ft o U P< * as « « ^ fiS 'S Q fe D E o O « E c o s ^ in T) U U ^ O tf g o uuogyyyouiyyvcjy RAILP.OAD COMMISSIONERS REPORT. 121 \o N N fo lO lO ro CO CO n in ■* " * " " " " •* ■* M lO 00 00 P3 O U U O U O Q o p p Q p & H m in CO CO 0? CO 00 *a3 1 i 1 S DO 00 t 1- g. J. CO t-^ CO M ro m m OCi CO oo oo 00 CO 00 OO ^ < z. 00 03 00 00 p O O Z 15 S vo \o vo ys vo vo 00 00 oo 00 00 00 00 CO 00 00 ■< S Z fa A <: 25 ■. o IS : si i« t-CL, J3 & ,u a •§. -a s ss 2 r°l W M ■« i2 2 o. H H o O >- s en c/] W ^ ;3 2 22 ° n S o S Eh H c s >> CI rt te 'rt I !^ o o W H 13 *s y > Cfi M 13 C 13 z ■« p< « s (^ cq n " 2 So ^2 "K O (1. O U P R P P R P P P R R QHRflpqWPp ■S. H O Q Q Q Q - 122 RAILKOAD COMMISSIONEE's EBPOKT. . ■33ej P Q Q W W ■Sui^if JO sjuq; S O O Z Q < "^ < Z. Z "Z CO00C0COO3C000C0 ■sap -IJJB JO 31^(1 g g O Z G < 00 00 CO CO 4.; >■ ■aoua -3SIX3 JO S-IUSJ^ ■31D03S JO ;^mv e ■> tJ ■S d « t: 3 rt a> O o ^ ^ fe CO c/3 P A 2 O V o QOQQQ-jQQ ^ ^ Z S d -a _- vi > P^ ^ fxi K ? « o I^ U ■a o n a U PS o nt P^ C .2 'd E c C -1 1 ' P^ a 1. R p: £ Hi 1 u 13 "5 V H A o" ta !5 ^ V J3 2 g en :S pr! S d. O QQOPOOQPOOPQ p p EAILROAt) commissioner's REPORT. 123 N \o o\ IN S VO ^ O m v> ■d- n IN Tl- ■* VD Tt- vo \o \n \o .n ,r, X w pq ■53m M 00 1% N o f^ "* S -* s, ¥ ■* M CO ^ S ■5100 a o. -fe IN, P a p p M b <: M M - pq • •3UI]IJ JO 31B(2 "sap -ijae JO a^BQ; '33U9 -4Stxa JO si^sA. •^IDOIS JO ],uiv oooooooooooooooocnoo 00 CX) 00 00 O S ; >, u u l3 •— . S £■ ^ :§ 2 •S ■ft M fo Oh o o O O C K CM o o ° S 'Jj^'w "u s « o J5 •3 ra . -5 5 00000,0000 tlAILteOAD commissioner's EEPOET. l25 " •^ : lO m .0 ro « « 10 m ro ^ V m TJ- (O Ul ro t»- c n Q Q fe H W w « < 3 3 —1 a ri s < s, s, g> : s s, a g. s> a a g, g, g, CO CO CO OOOOOOCOCOOOOOOO u 1-1 o a"I ■ ti - « J u S & rt Pfi 2 — G 2 2 Ji S 3 .5 ■LJ ro i-j i-j i-i ttj ttj M .—. ■— , HI ai ni r- « s o U u 3 u , 1 « u f^ P4 flv U 1 2 13 > f ^ 1 ■3 s Pi C cd 3 i ■^ 1 u t u 2 !s r E- •3 -a U fi p « ■^ 13 ^ ^^ s a ^ Z ?. =- := ^ '-' cd a 0! o ^ K 2 « S ^ ^ ■§ O A & a 126 RAILROAD commissioner's REPORT. Q W Z H z o CJ > X ■»3M •Sujiy JO ajEQ ■sap -I1J13 JO SJEQ '3DU3 -JSIX3 JO SJBS^ ■5(0015 JO l.inv U COOOOOOOOOCOK> fe s g P fa . t^ '^. ". "- ". ^. s 3 1-, &;■ P g' fs s Ji ^ , 2 g 2 o g ^ o OJ g c S 3 a ,U O W Ph PPOuoS-fcisilmfu »!" rt 1^ S h Pi ^ o "^ J I o. -o S rt 3 J = n. s o c ; Tl cd 'nl P^ Pi iH 3 a .i -J E o O o pj Pi s a :::: cd o rt ffi rt ^ ■s o tfi W] [fl, C/) 12? RAILROAD COMMISSIONERS REPORT. Q W D g H Z O > w •33ej[ ■aUJIIjI ,10 3)EQ 'sap -IJJB JO SJ^CI "aDua -isixa JO sjBaj^ •3(0O}S JO 3.UIV vS^ w < tv, C^COCOOOOOOOOO COCOCOOOOOOOCOOO ^ s s S S S S. ^5 < CO 00 00 CO OO GO 00 00 OO 00 00 00 s s > J -5, J3 = j:- -s ■S. S iS s o o o o en « ^ ^ ^ s a R fi £ tR E u u U w W 2 H I, s & 2 a •2 " = O B .5 ic <: u; w d , U S c <- i ■a - 15 p: E S H P c U o Cl< H ^ ;i U 13 ffi ^ « ft s S i J!i 2 S > U o< i J3 ^ O .5 PS PS i: M (n ffl P!i u, id' Itl its C s 4) ■fi u U u c 3 s Cfit/ltfiU2WV5cnc/5 t> S EAILEOAt) commissioner's EEPORT, 129 o n o o Q z 'tn o fi u M s s o o CIS « >< fii > -S CO is O l-H H < C PL, O u o w o ■3"!19 JO "^a Jan. 8, 1879 Jan. 8, 1879 Aug. 2, 1880 •sap- -jiJE JO sj^o: H 6 Q 1 3 —1 ■pSJSlJElIO Laws of If an. Laws of Kan. Act Congress ■3(oois JO 3, my H ° -9 8 y ^ 8 8 vS in >n q, m" h 0" ■' -1 c c t- c c c l£ ■h . < R 0" c I 1 1 1 't (1 ■ c \ ( ■ § 8 h O M > e 1 1 •n c ca C g E 'S iS C § c" a I Pi a RETURNS OF THE RAILROAD COMPANIES, For the Year Ending June so, 1885. State of Colorado, Office of The Railroad Commissioner Denver, July 25, 1885 ER, [• To the Burlington and Colorado Railroad Company : To enable the Commissioner to make his report to the Governor of the State, as required by Section 10, of an Act concerning Rail- roads, of the Fifth General Assembly, approved April 6, A. D. 1885, Railroad Companies are required by Section 11 of said Act, to "an- nually make to said Commissioner, between the first day of August and the first day of September, such returns, in form and manner as said Commissioner may prescribe." The annexed blank returns is the "form and manner" prescribed by order of the Commissioner. Every question asked has been for the express purpose of eliciting facts upon which to base the Com- missioner's report aforesaid. A full and explicit answer to each and every of said questions is considered of importance to the Com- missioner, and upon the accuracy and completeness of such answers depends the value of the returns, not only to the Commissioner, the Legislature and the public, but to the corporations themselves. In case any question is not thoroughly understood, the Commis- sioner requests that you immediately confer with this office for explanation, that trouble and delay may be avoided in returning your report for corrections. The Commissioner has but little time, after the prescribed time for, making your returns, in which to pre- pare and publish his report, and for that reason it is imperatively necessary that your return be made within the time required by law. By order of the Commissioner. HENRY FELKER, Secretary. REPORT Burlington and Colorado Railroad Co., FOR THE YEAR ENDING JUNE 30, 1 885. Officers and Offices of the Company Operating. OFFICIAL POSITION. ft NAME. LOCATION JDF OFFICE. W. J. Ladd None A. G. Stanwood Secretary Boston, Massachusetts Treasurer E. E. Pratt Boston, Massachusetts G. W. Holdrege T. E. Calvert General Superintendent.... Lincoln, Nebraska Asst. Gen. Superintend't... Division Superintendent... A. CampbeU McCook, Nebraska T E Calvert Superintend't of Telegraph C.E.Yates Lincoln, Nebraska Auditor C. D. Dorman Omaha, Nebraska General Passenger Agent.. P. S. Eustis Oniaha, Nebraska General Freight Agent E Wolcott None NAMES OF DIRECTORS. POSTOFFICE ADDRESS. NAMES OF • DIRECTORS. POSTOFFICE ADDRESS. N. H. Stone E. E. Pratt W.J. Ladd J. L. Carter Milton, Mass . Manchester, Mass... Millon, Mass Brookline, Mass Henry Parkman... E. 0. "Wolcott A. G. Stanwood Boston, Mass. Denver, Colo. Boston, Mass. 1. Executive -committee None 2. Date of annual election of directors Fourth Wednesday in June 3. Location of general offices Omaha, Nebraska 4. Location of general office in this State Denver, Colorado 5. Name and address of person to whom correspondence concerning this report shQi;id he directed— i C D. Dorman, Auditor, Omaha, Nebraska 136 EAILEOAD COMMISSIONER S EEPORT. CAPITAL STOCK. 1. Amount authorized by articles of association. 2. Arrlount authorized by vote of the company 3. Number of shares issued, 40,260; amount paid in , 4. Stock subscribed by individuals or corportions in cash 5. Stock issued for account of construction 1 6. Stock issued for bonds of company cancelled 7. Stock issued for dividends payable in stock ^ 8. Stock issued for payment of floating debt 9. Stock issued for interest on bonded debt 10. Stock issued for construction account on extension lines 11. Stock issued to represent purchased lines 12. Total common stock issued 13. Amount of preferred stock 14. Rate of preference and for what issued 15. Amount of stock issued to build and equip the road , .^. 16. Amount of stock issued during last year and on what account was increase made None 17. Total amount paid in as per books of company 18. Proportion of stock for Colorado All in Colorado 19. Amount of stock per mile of road 20. Amount of stock representing the road in Colorado All in Colorado 21. Amount of stock held in Colorado 10 shares 22. Total number of stockholders 8 23. Number of stockholders in Colorado i $ 5,000,000 00 4,026,000 00 4,026,000 00 4,026,000 00 23,020 18 24. When and to whom was the original stock owned by the company sold, and what was the cash value realized by the company for the same? 25. A list of the stockholders at the last election of directors, showing the name, residence and amount of stock owned by each, must be filed herewith. RAILKOAD COMMISSIONERS EEPOET. 137 BONDED DEBT. $ 4,026,000 00 201,300 00 1. First mortgage bonds, date, December.i, i88r ; due February t, 1922 ; rate of interest, 5 per cent < : 2. Amount of interest paid on same during the year 3. Second mortgage bonds, date... due. ..rateof interest. ..per cent. ..None 4. Amount of interest paid on same during the year None 5. Third mortgage bonds, date. ..due. ..rate of interest. ..per cent None 6. Amount of interest paid on same during the year None 7. ...mortgage bonds, date. ..due. ..rate of interest. ..per cent None 8. Amount of interest paid on same during the year None 9. ...mortgage bonds, date... due. ..rate of interest... per cent None 10. Amount of interest paid on same during the year ,..None 11. Total bonded debt 12. Amount of cash realized from sale of above mentioned bonds 13. Amount of bonds issued to build and equip the road 14. Amount of bonds issued during last year and on what acqount was increase made None 15. AmoUnt of bonded debt per mile of road FLOATING DEBT. 16. Amount of debt not secured by mortgage .■. None 17. Proportion of debt bonded and'floating for Colorado. ..AH in Colorado 18. Total amount of paid-up stock and debt 19. Amount of stock and debt per mile of road 20 . Amount and full description of bonds on branch or purchased lines not covering mainline None 4,026,000 00 4,026,000 o< 23,020 18 8,052,000 00 46,040 36 138 RAILTBOAD COMMISSIONERS REPORT. COST OF ROAD. Cost of right of away, entire line ;. Cost of right of way in Colorado Cost of all real estate used exclusively in operating the road Cos'l of all real estate used exclusively in operating the road in Colo- rado Grading Bridging and masonry Superstructure, including rails Passenger and freight stations, coal sheds, water stations Engine houses, car sheds and turn-tables Machine shops, including machinery and tools Interest paid during construction, discounts, etc Engineering, agencies, salaries and other expenses during construction All other items charged to construction, not enumerated above Double track, number of miles cost None Third rail track, number of miles cost None Cost of construction, entire line Cost of construction in Colorado Average cost of road per mile [174.89 miles] 19. Is your construction account closed? No. 20. If the road was not built by the present owners, state cost of road to them 7.1. The value of all other property owned by the corporation.... None Total cost of construction and equipment, the whole line being in Colorado (have not details asked for above), ^8,166,707.81. Average cost of road and equipment per mile (174.89 miles), ^46.697.92. RAILROAD COMMISSIONERS REPORT. 139 COST OF EQUIPMENT. 1. Locomotives , ^ 2. First class passenger cars 3. Second class passenger cars 4. Express, mail and baggage ^ars , 5. Parlor, dining and sleeping cars 6. .Box cars 7. Stock cars ' - 8. Coal cars .' g. Flat cars 10. Hand and, push cars 11. Other cars for freight purposes 12. Miscellaneous cars 13. Snow plows on *'heels .,. 14. Wreckipg cars, pile drivers and tools 15. The above equipment applies to miles of road.... 16. Total cost of equipment 17. Average cost of equipment per mile of road operated 18. Proportion of cost of road and equipment for Colorado .... 19. Average cost of road and equipment per mile in Colorado . 140 RAILROAD commissioner's REPORT. PROPERTY ACCOUNTS. CHARGES AND CREDITS BY WHICH THE CAPIfAL AND DEBT HAVE BEEN INCREASED DURING THE YEAR. $ 252 40 1,207 28 50,715 28 9,420 44 S. Passenger and freight stations, coal sheds and water stations 9. Purchase of other roads (specifying same) and all partici - * 61,595 40 EQUIPMENT. NUMBER. 14. Passenger, mail, baggage and express cars 17. Wrecking cars, pile drivers and tools 19. Any other expenditures charged to property accounts $-61,595 40 21. Property sold (or reduced in valuation on the books) and credited is not represented by actual increase of property— dividing surplus, RAILEOAD COMMISSIOinCR S EEPOET. DESCRIPTION OF ROAD. 141 Entire Length in Line. Colorado. I. Length of main line of road from Nebraska State line to Den- ver, Colorado Si. Length of double track on main line None Length of three-rail track on main line None * Branches — Name each. r to : From From From to,. From From From From •s From c to From ^ to From ^ to From From From to . From , to- From to.. From Total length of main line and branches ■Aggregate length of sidings and other track not above ■Aggregate length of track computed as single track, exclusive of sidings ; Number of miles of iron rail None Number of miles of steel rail [Weight per yard, steel, 56 pounds.] [Weight per yard, iron, ] Gauge of track 4 feet B% inches Number of miles of telegraph owned by this company Grade — Maximum per mile 42 feet. Longest maximum 4,500 feet. Curvature — Shortest radius 1,910 feet. Aggregate length of all radii 89,337.60 feet. Aggregate length of tangents 157.97 miles. If any of the road was first opened for operation during the past year, state the date None 30. Total miles of road operated by this company.. 174.89 17489 19 69 174.89 174.89 174.89 174.89 19.69 i74.fc 174,89 174.89 *This includes leased lines— designate them as such— the earnings, expenses, etc., of 142 RAILROAD commissioner's REPORT STATIONS. Entire Line. In Colorado; 2. 3- Number of stations on all roads operated by this company Number of "common points" 13 I 13 13 I 13 EMPLOYES. Entire Line, In Colorado. Average sal- ary per an- num. Total salaries. Division and assistant superintendents Road masters Clerks in all offices Master and assistant mechanics Helpers in shops Train dispatchers Conductors Engineers Firemen and wipers Brakemen Baggagemen * Flagmen, switch tenders, gate keepers and watchmen , Station agents Telegraph operators.. Section foremen Section laborers Other employes Total number of persons regularly employed 19. Total amount paid employes:. AversLge 17.42 "■33 15.58 14.17 25 84.83 4258 289 $ 2,700 00 1,200 00 per month. 68 98 120 00 53 ly ^ 95 31 92 85 no 00 63 GO 48 00 64 09 30 00 51 10 61 60 54 38 55 35 34 99 50 89 $ 2,700 00 2,400 00 14,419 29 1,440 00^ 12,899 80 2,287 44 7.800 00 14,520 00 •8,316 00 4,560 00 8,460 00 720 00 6,949 96 11,520 14 9,244 15 16,524 55 55,617 61 25,999 5T 186,378 45 * These baggagemen are pa^d $30 per month each by the Wells, Fargo Express Co RAILROAD COMMISSIONERS REPORT. BRIDGES IN COLORADO. 143 AGGREGATE LENGTH . 1. Wooden truss bridges None 2. Combination bridges None ■ 3. Iron bridges None 4. Wooden trestle and pile ., 5. Iroil trestle 6. Stone bridges ARCH CULVERTS AND VIADUCTS IN COLORADO. 7. With, opening twenty feet or more None 8. Less than twenty feet opening None BOX CULVERTS IN COLORADO. g. Timber 10. Stone None f CATTLE GUARDS. 11. Number in Colorado 12. Renewal of bridges andculverts in Colorado. None 13. Amount of timber used in renewals of wooden bridges during the year (feet B. M) None 14. Amount of trestle work replaced with earth during the year {lineal feet) None 15. Timber culverts replaced with stone None 16. Timber culverts replaced with sewer pipe None 17. Timber culverts replaced with timber None 138 38 11,392 feet, 127 feet. 304 feet. BRIDGES BUILT WITHIN THE YEAR IN COLORADO. LOCATION. KIND. MATERIAL. WHEN BUILT. LENGTH IN FEET. None. Give average number years trestle and pile bridges last on your road in Colorado? 10 years. Give average number years wooden truss bridges last on your road in Colprado? 10 years. 144 RAILROAD commissioner's REPORT. ROAD-BED A^D TRACK IN COLORADO. L. Number of track sections 2. Average length of sections 3. Average number of men in each section gang 4. Average number of ties per mile of road 5. Number of new ties laid in track during the year 6. Average number of new ties per mile of road 7. New rails laid in track during year— iron ( tons) miles None 8. New rails laid in track during year— steel ( tons) miles None 9. Total track laid with new rail during the year, miles None 25 7 miles. 3,000 1,147 10. Average life of iron rails on main line We have none 11. Average life of iron rails on branches We have none 12. Average life of steel rails on main line 10 years 13. Average life of steel rails on branches No branches 14. Average life of ties 7 years 15. Average life of joint fastenings 8 years 16. Average life oif frogs 2}^ years KAILROAD COMMISSIONEK 8 REPOKT. 145 CROSSINGS IN COLORADO. What railroad crosses your road at grade, and at what locality : Denver Pacific Railroad at four miles east of Denver. Colorado Central Railroad, twice, east of Denver. Colorado Central Railroad in Denver yard. Denver, Utah and Pacific Railroad in Denver yard. Denver and New Orleans Railroad, twice, in Denver yard. ' Denver, South Park and Pacific Railroad in Denver yard. Denver Street Railroad at Fifteenth street, Denver. railroad at railroad at. '. railroad at , railroad at What railroads cross your road, either over or under,and at what locality : None railroad at railroad at , raili^oad at railroad at Number of highway crossings at grade Number of highway crossings at which there are flagmen- Number of highway crossings over railroad Number of highway crossings under railroad Number of highway bridges eighteen feet above track 8. Number of highway bridges less than eighteen feet above track . 52 I None None None None FENCING IN COLORADO. X. How niany miles of your road in Colorado are fenced? 2. What is the average cost per rod?'- 3. What is the total cost of same? 4. How many miles of new fencing have you built during the year ?.. t_ . , 95 99-100 $ 2 03 $ 62,292 31 74 99-100 146 RAILROAD COMMISSIONER S REPORT. ROLLING STOCK. LEASED. OWNED. TOTAL. AVERAGE LIFE IN YEARS. I. Number of passenger locomotives 10 9 7 205 89 103 59 482 4. Number of baggage, mail and express 5. Number of parlor and sleeping cars... 6. Number of dining cars cars ....None ....None 10 8 8- 8 12. Maximum weight of locomotives and tenders 13. Average weight of locomotives and tenders,.... i... 14. Number of locomotives equipped with train brake 15. Kind of brake Westinghouse automatic 16. Maximum weight of passenger cars 17. Average weight of passenger cars 18. Number of cars equipped with steam brake All Pass, cars 19. Kind of brake .*. Westinghouse automatic zo, Nuniber of passenger cars equipped with Miller platform andbuflfer .~. All passengei cars 21. The amount of tonnage that can be carried over your road exclusive of cars by an engine of given weight? Answer — Weight of engine 36^ tons ; 24 cars, each weighing 20,000 pounds, and each containing a load of 30,000 pounds. 58 875-2000 tons' 51 700-2000 tons 5 48,400 lbs 48,400 lbs RAILROAD commissioner's REPORT. 147 MILEAGE, TRAFFIC, ETC. 1. Miles run by passenger trains during the year 2. Miles run by freight trains during the year 3. Miles run by switching trains during the year No data 4. Miles run by other trains during the year None 5. Total train mileage 255,605 144,047 399)652 CARS AND WEIGHT OF TRAINS. I. Average number of cars in passenger trains M. Average weight of passenger trains, exclusive of passengers,, 3. Average number of cars in freight trains 4. Average weight of .freight trains, exclusive of freight PASSENGER TRAFFIC 436 1303,036 lbs. 25 652,350 lbs. 1. Number of through passengers carried.... ■£ Number of local passengers carried 3. Number of passengers carried east and south 4. Number of passengers carried west and north 5. Number of special ticket passengers carried None 6. Total number of passengers carried 7. Total passenger mileage or passengers carried one mile...., 8. Average distance traveled by each passenger 9. Average amount received from each passenger 10. Highest rate of fare per mile for any distance ir. Lowest rate of fare per mile for any distance Cannot be given 12. Average rate of fare per mile for all passengers 13. Average cost per mile per passenger Cannot be determined 14. Averaee cost per mile per passenger in Colo Cannot be determined 15. Average rate paid per mile per passenger in Colorado 30,747 1,425 15,939 16,233 32,172 5,no,88i r58.86 miles $ 4 77 5 cts. 3 cts. 3 cts. 148 RAILEOAD COMMISSIONER S REPORT. EXCURSION TRAINS IN COLORADO. I. Total number of miles trains run ■-;. Total number of passengers carried 3. Total movement of passengers (carried one mile).. 4. Total amount, of excursion earnings 5 Total expense of excursion trains 6. Average number of miles each passenger carried... 7. Average rate per mile per passenger FREIGHT TRAFFIC. Number of tons of through freight carried.. Number of tons of local freight carried To^al tons of freight carried.. 4. Total mileage of through freight (tons carried one mile).. 5. Total mileage of local freight (tons carried one mile) 6. Total freight mileage, or tons carried one mile 7. Average rate per ton per mile received for through freight 8. Average rate per ton per mile received for local freight 9. Average rate per ton per mile for all freight ID. Average cost per ton per mile to move local freight 11. Average cost per ton per mile to move through freight 12. Average cost per ton per mile to move all freight 13. Average rate per ton per mile to move All freight in Colorado... a o 132,066 ■ 1,050 133,116 22,278,186 101,897 22,380,083 4 .0201 cts. .0179 cts. PER CENT. Percentage of freight originating at and carried to sta- tions in Colorado, to total freight carried in Colo- . rado. (This should not include fuel or any material for the use of the road.) RAILEOAD commissioner's KEPOET. 149 CAR MILEAGE. Number of miles run by loaded freight cars east and south Number of miles run by loaded freight cars west and north 3. Number of miles run by empty freight cars east and south 4. Number of miles run by empty freight cars west and north 5. Total freight car mileagCL 6. Percentage of empty freight cars hauled east and south to all freight cars hauled east and south Percentage of empty freight cars hauled west and north to all freight cars hauled west and north Percentage of empty freight cars hauled in Colorado, to all freight cars hauled in Colorado 1,332,619 1,177.736 202,655 3=4,595 3>037.6o5 As 132 to 1000 As 216 to 1000 As 173 to 1000 SPEED OF TRAINS IN COLORADO. I. Rate of speed of passenger trains, including stops, miles, average per hour 30 ■£. Rate oftpeed of freight trains, including stops, miles, average per hour 15 TONNAGE OF ARTICLES TRANSPORTED. TONS. PER CT. *. Grain 2. Flour 3. Provisions (beef, pork, lard, etc) 4. Animals, 5. Other agricultural products .v , 6. Iron, lead and mineral products 7. Lumber and forest products , 8. Coal 9. Plaster, lime and cement , 10. Salt ' ,, , ir. Petroleum and oil 12. Steel and castings , 13. Stone and brick 14. Manufactures — articles shipped from point of production . 15. Merchandise and other articles not enumerated above ..... 16. Total tons carried 11.944 9.010 I.I56 0.869 1,898 1.425 8,850 6.649 4,872 3.660 26,747 20.094 4,611 3463 33.874 25.447 263 0.197 1,461 1.097 Inclu No. ded in 6. 324 0.243 2,502 1.880 34.564 25.966 133.116 100.00 150 BAILROAD COMMISSIOWBk's REPORT TONNAGE OF ARTICLES TRANSPORTED IN COLORADO. TONS. PER CT. Grain ^ L 3- 4- Provisions (beef, pork, lard, etc.) Animals n (J 5- o Iron, lead and mineral products ,,. ... g 7- 2, Coal > 9- s H Salt ■s » 13- o Manufactures— articles shipped from point of production Merchandise and other articles not enumerated above ... £ ■s Tfi lOO EAILKOAD commissioner's REPORT. ANALYSIS OF EARNINGS. 151 Earnings— Passenger — From lotal passengers $ 2,660 15 From through passengers 150,654 51 From all passengers From express and baggage From mails ' From other sources passenger department , Total earnings passenger department Total passenger earning^ in Colorado Earnings per train mile (255,605 miles) {$0 78) Earnings per mile entire line (174.89 miles) Earnings per mile in Colorado Earnings — Freight — From local $ 1,825 28 From through 447,252 61 From other sources freight department 880 50 Total earnings freight department, Total freight earnings in Colorado Earnings per train mile (144,089 miles) , $ 3- 12 Earnings per mile entire line (174.89 miles) Earnings per mile in Colorado Earnings per mile in mails, express and other sources Earnings per mile in mails, express and other sources in Colorado Total tariff earnings for the year ending June 30, 1885 ) Total pool earnings for the year ending June 30, 1885 j Total transportation earnings . Earnings per train mile run from all trains earning revenue (399.652 miles) iS I 63 Earnings per mile of road operated (174.89 miles) $ 3j73o 26 Proportion of earnings for Colorado ,.., Rents receivedforuse of road Rents received for use of stations, section houses, etc Car mileage (credit balance) Not included in earnings Earnings from all other sources Elevator earnings None Telegraph earnings g 597 24 Total earnings from all sources i Proportion of earnings for Colorado $ i53>3H 66 7,872 84 38,476 28 $ 199.663 78 ' $ 199,663 78 1,141 67 1,141 67 449*958 39 $ 449.958 39 $ 2,572 81 2,572 81 28 58 28 58 649,622 17 _g_649,622_i7 $ 649,622 ly^ None 1,874 46 652,383 97 $ 652,383 97 17. What per cent, are the earnings in Colorado of earnings of entire line? 100 per cent. .a r>f ; r „..— 1:-- ' ■ ' ' • " J ^ ^^ 07 to 1,000. 152 RAILROAD COMMISSIOKEH S REPORT. EXPENSES OF OPERATING THE ROAD FOR THE YEAR. CLASS I— MAINTENACE OF WAY AND BUILDINGS. ±. Repairs of road-bed and track .a. Renewal of rails [Number tons laid, steel] None [Number tons laid, iron] None 3. Renewal of ties [Number laid] iji47 4. Repairs of bridges, including culverts 5. Repairs of fences, road crossings, signs and cattle guards 6. Repairs of buildings, stations and water tanks 7. Total CLASS II— MAINTENANCE OF MOTIVE POWER AND CARS. I. Repairs of locomotives .i. Repairs of passenger cars Repairs of freight cars Total CLASS III— CONDUCTING TRANSPORTATION. Fuel for locomotives Water supply..., Oil and waste Locomotive service, including stationery Passenger train service Passenger train supplies, including stationery Mileage of passenger cars (debit balance) 8. Freight train service g. Freight train supplies, including stationery 10. Mileage of freight cars (credit balance) 11. Telegraph expenses (maintenance and operating) 12. Damage and loss of freight and baggage 13. Damages to property and cattle 14. Personal injuries , 15. Agents and station service 16. Station supplies, including stationery.. 17. Total -, 3- 4- $ 62,133 89 67 91 807 48 2,477 81 1,683 82 7,644 71 $ 74,815 62 $ 11,027 76 11,493 09 15,401 27 $ 37,922 12 $ 37,265 45 5,078 34 7,163 09 34.157 34 16,266 83 3,060 OS 7,974 95 11,969 38 336 04 1,724 86 8,955 93 210 88 5,238 62 1,231 10 54,468 76 3,973 05 $ 195,624 85 RAILROAD COMMISSIONER S REPORT. 158 EXPENSES OF 0?ERATmG.— Continued. Salaries of general officers and clerks, including stationery and sup- plies for general offices : , : Legal expenses Insurance , Printing and advertising „..; Outside agencies, including stationery aud supplies Contingencies — miscellaneous expenses ^Taxesin Colorado [$ ]~| Total taxes in Colorado . |_ Taxes in other States [$ ] j Total RECAPITULATION OF EXPENSES. Maintenance of way and buildings Maintenance of motive power and cars Conducting transportation ...., Gener?.! expenses, including taxes Total operating expenses and taxes $ 2,169 ^^ 95 Operating expenses and taxes per mile of road operated [174.89 miles] 7. Operating expenses and taxes per train mile for trains earning revenue [399,652 miles] 8. Proportion, of operating expenses and taxes for Colorado.. 9. Expenses of running and management of pass'ng'r trains 10. Expenses of running and management of passenger traini per traiii mile [255,605] 11. Expenses of running and management of freight trains ... 12. Expenses of running and management of freight trains per train mile [144,047] i 13. Expenses of running and management of all trains earning revenue... 14. Percentage of expenses to earnings [.581] ; 28,886 34 5,151 77 39 55' 3,713 12 7,''36 49 627 78 25,539 70 $ 7^,094 75 $ 74,8t5 62 37,922 12 195,624 85 71,094 75 $ 379,457 34 379,457 34 193,992 09 159,925 55 $ 353,917 64 !50 154 RAILROAD COMMSSIONER S REPORT. EARNINGS DURING THE YEARS ENDING JUNE 30, 1884-^. MONTHLY EARNINGS FROM ALL SOURCES RESPECTIVELY. » ^ H PASSEN- ALL OTHER S«" NET i u GERS. SOURCES. n EARNINGS, + — 0- July August ... September .. October- November .. Decerrtber ., 1884 January February ... March.. April ... May June.... Totals.... Proportion for Colo... 1884 July August September. . October November .. December .. 1885 January February ... March April May June Totals . ... Proportion for Colo... $ 32,756 01 $ 26,240 78 ? 1,265,37 $ 60,262 16 $ 34,151 69 53,030 93 33,972 06 1,092 91 88,09s 90 58,765 56 62,220 33 25,929 01 907 57 89,056 91 ■ 56,487 57 65,402 55 11,451 88 955 93 77,810 36 42,342 00 56,322 67 11,447 90 932 46 68,703 03 40,282 63 26,406 67 41,729 01 18,194 51 10,912 91 47,506 61 54,156 82 1,514 9° 21,920 82 40,214 46 8,507 62 868 91 49,590 99 19,733 76 53,008 48 11,761 65 1,114 69 65,884 82 36,983 21 37,814 65 15,784 07 1,014 82 54,613 54 13.713 79 41.603 95 18,198 84 1,108 07 60,910 86 29,675 31 21,977 59 13,381 48 625 88 35,984 9S 2,9S9 42 $ 532,487 30 * 205,782 71 - $ 14,306 94 $ 752,576 95 $ 344,742 S3 $ 34,161 34 $ 19,725 8i $ 1,139 =6 $ 55,026 41 — $ 23.778 20 39,802 33 13,708 80 9S5 87 54,467 00 - 25,459 26 40,312 59 13,182 43 3,19s 10 56,690 12 - 27.247 29 52,537 66 15,205 II 21,552 98 89,295 75 + 57.417 49 34,939 40 15,719 31 3,226 79 53,885 50 - 24,47s 91 ...... 18,529 85 8,424 32 3,065 28 30,019 45 41,116 48 '/ 9,869 37 2,668 78 53,654 63 — 22,024 17 41,408 39 6,187 76 3,05s 90 50,652 05 + 19,790 31 48,704 49 7,605 63 2,789 15 59,099 27 - 26,998 39 32,387 12 29,025 08 12,830 50 13,985 10 2,656 62 2,834 79 47,874 24 45,844 97 19.409 31 17,195 26 — 36,153 16 16,870 52 2,850 90 55,874 S8 ,+ . 27,271 74 $ 449,°77 89 ( 153,314 66 $ 49,991 42 $ 652,383 97 _ $ 272,926 63 BAILUOAD COMMISSIONER S REPORT. ir^r^ EXPENSES DURING THE YEARS ENDING JUNE 30, 1884-5. MONTHLY EXPENSES-ENTIRE LINE. CONDUCTING TRANSPOR- TATION. MAINTEN- ANCE. GENERAL, ■t — EXPENSES. July August September . October....:. November. . December.. 1884 January February . March April May June Totals.. Proportion for Colo.. $ i6,t83 27 15.379 53 17,417 56 18,403 57 15,506 S7 19,158 72 19,893 90 17,032 64 i6,954 89 26,727 37 "18,686 80 17,479 18 $ 5.355 86 10,995 65 11.877 95 9,67s 80 !ro,llo 05 7,700 67 7,145 87 7,227 78 7,085 96 9.575 49 8,875 67 12,463 32 $ 4.S71 34 $ 2.955 16 3,273 83 7,388 99 2,803 78 32,920 45 5,196 23 5,596 81 4,860 76 4,596 89 3,673 08 3,083 03 $ 218,824 00 $ 108,090 07 26,110 ^47 29.33° 34 32.569 34 35,468 36 28,420 40 59.779 84 32,236 00 29.857 23 28,901 61 40,899 75 31,235 55 33,°25 53 J J! 12,273 23 $ 80,920 35 $ 407,834 42 1884 July August September October ..... Noveplber.. December.. 1885 January February ... March April May June Totals.... Proportion for Colo... jS 13,381 28 16,850 67 16,867 55 17,299 23 16,388 30 16,860 77 18,299 31 16,620 94 19,358 39 - 14.305 72 14,481 75 14,910 94 $ 195,624 85 $ 14.380 92 9,569 39 8,909 23 11,420 og 9,220 19 655 94 9,597 59 9.675 25 9,237 22 io,goo 34 "10,706 98 8,464 60 $ 3,486 01 2.587 68 3,666 05 3.158 94 3,Soi 10 30,643 44 3.733 56 4.56s 55 3.50s 27 3,258 87 3,460 98 5,227 30 $ 112,737 74 $ 71,094 75 5 31,248 21 29,007 74 29,442 83 31,878 26 29,409 59 48.160 15 31.630 46 30,861 74 32,100 28,464 93 28,649 71 28,602 84 $ 379,457 34 t $ 18,140 70 I Includes taxes. 156 RAILED AD COMMISSIONER'S REPORT. GENERAL EXHIBIT. Total earnings , Total expenses, including taxes Net earnings Rentals, specifying amount paid to each company : Interest accruing during the year- Interest paid during the year 7. Interest paid during the year on account of the road in Colorado All in Colorado ' 8. Interest on funded debt-. 9. Interest paid on funded debt 10. Interest on floating debt None n. Interest paid on floating debt None 12. Dividends declared, [ percent.] None 13. Interest falling due during the year and not paid None 14. Floating debt liquidated during the year None 15. Balance for the year 16. Balance at the commencement of the year 17. Balance at the close of the year ending June 30, 1885 j.. $ 652,383 97 3797457 34 272,926 63 201,300 00 . 201,300 00 201,300 00 201 ',300 00 RAILROAD commissioner's REPORT. INCOME ACCOUNT. m Income from earnings. Income from stock owned of coiinecting or other roads None Income from bonds owned of connecting or other roads None Income from stock held of your own road None Income from bonds held of your own road None Income from lands sold or leased during the year ..None Income from other sources None Total income from all sources for the year ' Proportion of income for Colorado, [$ ] All in Colorado. 157 $ 652,383 97 ^652,383 97 GENERAL RECAPITULATION. Total income $ 65%,383 97 Total operating expenses and taxes 379.457 34 Net income above operating expenses and taxes 272,926 63 Net income above operating expenses, taxes, interest and rental $ 71,626 63 5. Gross income per train mile run [399,652 hiiles] $1.63. 6. Net income per train mile run [399,652 miles] ^0.68. Percentage of net income to stock and debt, .034. Percentage of net income to cost of road and equipment, .033. 15 RAILROAD commissioner's REPORT. SURPLUS. I. Surplus at the commencement of the year None ■J.. Surplus at the close of the year None 3. The amount invested in railroad stocks None 4. Give the name of each road, and the number of shares owned in each of them, and the par value of shares None 5. The amount invested in railroad bonds, the number of bonds, and the par value of each, the name of each road, the amount, in vested in the bonds of eacn None 6. The amount o£ its own stock or bonds owned by the company,. .None 7. Amount absorbed in construction None 8. Anount in material and balances from other roads None Note — The object of the above inquiries is to ascertain the exact condition of the reported surplus. If the questions are not broad enough to cover the subject, the officers making the report will confer a favor by supplying the information necessary to give it. If surplus has been divided by an increase of stock, the reason therefor. BAILBOAD COMMI8SIONEE S EEPOKT. 159- TABLE A. UNITED STATES GOVERNMENT BONDS ISSUED TO THE COM- PANY. charact'r of DATE OF DUE. AMOUNT. RATE OF INTEREST. CASH REAL- IZED. REMARKS. None. TABLE B. AIDS OR GRANTS IN BONDS OR MONEY FR0M STATE, COUN- TIES, TOWNS, CORPORATIONS OR INDIVIDUALS. CHARACTER OF AMOUNT. CASH REALIZED REFUNDED. TABLE. C. LANDS OR PROPERTY DONATED BY STATES, COUNTITS, TOWNS, CORPORATIONS OR INDIVIDUALS FOR RIGHT OF WAY, STATIONS, SHOPS, STOREHOUSES, ETC., ON LINES IN COLO- RADO. BY VTHOM DONATED- WHAT PUR- POSE. NUMBER OF ACRES. ESTIMATED VALUE. LOCATION. REMARKS. None. • - ■160 EAILEOAD COMMISSIONER S REPORT. GENERAL BALANCE SHEET, AT THE CLOSE OF ACCOUNTS, JUNE 30, 1885. ASSETS. AMOUNT. LIABILITIES. AMOUNT. Construction and equipment % 8,166,707 81 Capital Stock $ 4,026,000 00 4,026,000 00 114,707 81 Sundry accounts Total Total $ 8,166,707 81 $ 8,166,707 81 STATISTICS OF TRAFFIC IN COLORADO. ABSTRACT OF COMMODITIES SHIPPED FROM STATIONS. STATIONS. Agricultural products. Tons. Products of mines. Tons. Products of forests. Tons. Live stock. Tons. Merchandise & Miscella- neous. Tons 20 Wray Robb 67 • Eckley \ 24 Hyde 8 3 . 10 91 Brush 146 5 21' 4,530 32 Fort Morgan, 28 70 Roggen 460 Hudson Barr 28 •■■• 60 7 Derby Denver 270 4,144 59.799 1,207 10,153 Total 4,812 59,799 1,235 4,960 10,417 BAILROAD COMMISSIONER S REPORT. 161 STATISTICS OF TRAFFIC IN COLORADO. ABSTRACT OF COMMODITIES RECEIVED AT STATIONS, YEAR END- ING JUNE 30, 1885. STATIONS. AGRICUL- TURAL PRODUCTS. TONS. PRODUCTS OF MINES. TONS. PRODUCTS FORESTS. TONS. LIVE STOCK. TONS. MEKCHAN- DISE AND MISCELLA- NEOUS. TONS. Laird Wray , Robb Eckley Yuma Hyde Otis Akron Pinneo Brush Fort Morgan. Corona Dixon Roggen Keene Hudson Barr , Derby , Denver Totals ..., 15 30 59 30 26 66 12,843 15 13 II 14 85 40 263 284 491 126 40 30 3.530 39 24 228 4 211 206 102 31,883 33,166 »i 162 RAILROAD commissioner's REPORT. BUSINESS AND RECEIPTS. Tons for- warded. re- ceived. Revenue, PASSENGERS. No. from. No. to. Revenue, Total revenue. Laird Wray Robb Eckley Yuma Hyde Otis Akron Pinneo Brush.. Fort Morgan., Corona Dixon Roggen Keene Hudson Barr Derby Denver , Totals , 20 15 67 132 24 9 ■ 6 23 II 2 24 lOI 139 10 68 4,708 1,026 43 749 lOI 260 4 577 468 10 297 95 223 41 51,4=7 75,573 81,223 55,03° 1 1 38 i3S 64 20 26 56 22 I 12 47 10 7 91 3=2 57 76 75 10,957 12 738 77 381 91 1,874 81 10 610 07 70 02 60 66 43=,o93 44 $447,468 33 416 2 46 3 244 40 24s 65 433 444 569 3 227 3 364 147 5 18,299 =1,557 193 6 46 21 3= SO 238 S9 5=9 4=5 =79 173 61 15,308 S 9 95 , 361 69 3 36 108 24 ' 25 =4 278 27 115 84 1,254 61 176 80 1,693 84 i,=75 15 890 03 8 70 581 27 I 70 581 oB 230 23 42 74 145,67s 9= $ II 33 550 33 , 16 90 164 46 26 36 3=5 37 1=3 75 1,577 18 253 55 12,650 96 2,013 9= 1,271 94 8 70 2,456 08 I 80 1,191 15 300 25 103 40 577,769 36 $ 153,314 66 % 600,782 99 Add for passengers on mileage tickets 1 , None Total revenue ^600,782 99 BAILEOAD COMMISSIONEE B REPORT. 163 * REPORT OF ACCIDENTS FOR COLORADO DURING THE YEAR ENDING JUNE 30, 1885. KILLED. Name and Occupation. Place. Cause of Acci- Character of dent. injury. None. INJURED. Date. Name and Occupation. Place. Cause of Acci- dent. Character of injury. July I, 1884 Sep. 3, 1884 Oct 17, 1884 Jan. 2,1885 Feb. 9, 1885 Feb 21., 1885 Feb 26, 1885 Apr. 8, 1885 Apr 21, 1885 Apr 22, 1885 Jun 30, 1885 Michael O'Keefe, laborer... J. H. Moore, brakeman... Near Derby. Corona Denvir Otis. Denver........ Denver Getting on cars Back bruised.- Foot injured. Handling freight C. G. Potter, fireman Geo. Fullman, switchman,. {liram Plank, not employe G. W. Argtir, conductor ... Body squeezed. Bruised slightly. Finger bruised. Trespassing on track Denver Eckley Denver Denver Handling freight A. Deeker, brakeman Michael Ryan, laborer M. Fro thingham, wiper Finger broken. Finger bruised. Wrist sprained. Getting off engine.... * In giving cause and responsibility for accidents, details are not required. Simply say " fell from train," " caught foot in, frog," " highway collision," '* coupling," '* trespasser," or as the case may be, and add "purely accidental," " from lack of caution," or"careless- ness," as the facts were. In case of inquest, report company responsible or not, according to verdict. 164 RAILROAD COMMISSIOWER S REPORT. TABULAR STATEMENT OF ACCIDENTS. KILLED. INJURED. Passen- gers, Employes Others. Passen- gers. Employes Others. 4 I Falling from trains Getting on and off trains Highway crossings 5 Trespassers on track Total lO . SUMMARY OF ACCIDENTS FOR COLORADO. Number of persons killed during the year Number of persons injured during the year :.. u Number of casualties purely accidental during the entire year lo Number resulting from lack of caution, carelessness or miscpnduct i Number of persons killed while intoxicated , dumber of persons injured while intoxicated Number of trespassers on track killed *. Number of trespassers on track injured i Number of tramps, or others stealing rides, killed or injured suicides in Colorado RAILBOAD COMMISSIOKEk's REPORT, 166 TRAIN ACCIDENTS IN COLORADO. FOR THE YEAR EMBRACED IN THIS REPORT. Whether attended by injury to person or not ; give date and place of accident ; if pas- senger or freight train ; nature and cause ; particulars and extent of injury to train ; num- ber killed and number injured. PARTICULARS. » 5 Aug. 13, 18S4. Aug. 16, 1884. Aug. 21, 1884. Dec. 30, 1884. Dec. 31, 1884. Jan. 25, 1883. Feb. , 8, 1885. Mch ., 1885. Mch. 4, 1885. Mch. 27 1885. Apr. 5, 1885. Apr. 27, 1885. May 31, 1885. Passenger.... Passenger-,.. Passenger,... Light engine Passenger.... Passenger.... Passenger.... Passenger.... Freight Freight. , Passenger.... Freight Freight....... Striking steer 1% miUs east of Roggen ; engine 104 damaged; no personal injury Collision between trains i and 2 at Laird, dam- age to engine and car; no personal injury Jumping switch in Denver yard, damaged sleeper and coach.; no personal injury Spout of water-tank striking engine cab at Akron, damage to engine ; no personal inj'y.. Stock on track ; coach damaged ; no personal injury Jumping track in Denver yard : sleeper and coach damaged ; no personal injury Jumping track in Denver yard ; sleeper dam- aged ; no personal injury Bell-cord being pulled through car ; sleeper damaged; no personal injury Rough switching in Denver yard ; two freight cars damaged; no personal injury Truck of freight car breaking down, near Den- ver ; two freight cars damaged ; no per'l inj'y Broken bolt in engine near Roggen ; engine damaged; no personal injury Broken valve yoke near Otis ; engine damaged ; no personal injury Broken piston-rod, Akron; engine damaged; no persbnal injury , JK 20 00 1,575 00 5 00 7 35 15 50 114 00 166 RAILROAB commissioner's REPORT. ADDITIONAL QUESTIONS, EXPRESS COMPANIES. I What express companies run on your road, and on what terms, and what conditions as to rates, etc. ; what kind of business is done by them, and do you take their freights at the depot, or at the office of such express company? Answer. Wells, Fargo & Co., under a contract covering the whole of the Chicago, Burlington and Quincy lines west of the Missouri River. The railroad company furnishes cars or room ito cars on its passenger trains for all express matter that may be offered by the express company. The express company makes its own rates. They do the ordinary express business. We take their freights at our depots on board cars. SLEEPING CARS. 2. Do sleeping, parlor or dining cars run on your road, and if so, on what terms do they run, by whom are they owned, and what charges are made in addition to regular passenger rates ? A7is'wer. Pullman sleeping cars run on this road, and are owned by the Pullman Palace Car Company. It makes its own tariffs and receives the earnings. The railroad company maintains and repairs the cars, and the Pullman company main- tains the sleeping apparatus and furniture. 3. What is the total amount paid by your company to palace or sleeping car companies, to what companies, and the amount paid to each ? Please state fully the arrange- ment by wljich these cars run on your road, the terms, and who receives the earn- ings. UNITED STATES MAIL. 4. What is the 'compensation paid you by the United States government for the transportation of its mails on your road in Colorado, and on what terms of service? Ansiver. $132 53 per mile per annum on the usual terms prescribed by the post- office department. 5. What amount have you paid/for receiving and delivering mail to and from stations on ^' your road in Colorado ? Answer. $360 per annum. TELEGRAPH. 6. How many miles of telegraph are owned by your company in Colorado? Answer. 174.89, 7. What other companies, if any, owns a line of telegraph on your right of way in Colo- rado, and how many miles do each own ? Answer. None. RAILROAD COMMISSIONER S REPORT. 167 LANDS— CONGRESSIONAL GRANT. Istate the number of acres of land your company has already received from the Congressional grants State the number of acres yet to inure to your company from Congressional grants ■.,... State the average price at which these lands have been sold or contracted by the company State the number of acres sold , State the amount received from sales State the amount unpaid on outstanding contracts , State the gross amount received from sales, contracts, forfeited contracts, etc., up to June 30, 1885 ...: State the amount expended in Fale and management of lands.. State the amount of taxes paid on lands None. State the amount realized from the sale of lands above the expenses incurred in the management and taxes Date of original charter of the road and that of any road consolidated with it, and the names of 'the companies ? Answer. September 5, 1881. Date of foreclosure and sale under which road and each branch is now held, and terms and amount of each sale ? Answer. None. Rates and dates of all cash dividends on stock of original and consolidated com- panies ? Ansiuer. None. Date when main line (giving termini and length) was put in operation? Ansiuer. ' From Nebraska State line to Denver, Colorado, July 2, 1882. Date of the commencement of operating of each branch line, giving termini and length ? Ansiver. No branches. Roads operated under lease (whether temporary or permanent), giving name, termini, length, address of lessors, and terms of lease? Answer. None. What operating arrangements have you with other railroad companies, setting forth the contracts for the same ? Answer^ This road, including its depot grounds and depots, franchises and all other property in use or connected therewith and that may hereafter be acquired ■for the use of this road, is leased to the Republican Valley Railroad Company until the expiration of the time for yhich this Company (tlie Burlington and Colorado) is incorporated. The assets of the Republican Valley Company, including this lease, are owned by the Chicago, Burlington and Quincy Railroad Company. The accounts are so kept that the business done upon the Burling- ton and Colorado road can be accurately shown without reference to the business done upon the rest of the Chicago, Burlington ^nd Quincy systeip. 168 RAILROAD COMMISSIONERS REPORT. i8. What agreement, contract or understanding exists between your company and any other regarding the exclusive occupation of territory ? Answer. None. 19. Are the bridges and trestles provided with guard rails ? AnsTver. One only, at Cherry Creek, near Denver. 20 Do all the bridges and trestles receive stated examinations ? Answer. Yes. 21. How often? Answer. Everysix months. By whom ? Answer. Superintendent of bridges. 22. Average number of cars in passenger train in Colorado. Answer. 4.36. 23. Average number of cars in freight train in Colorado. Answer. 25. 24. Cost per mile of moving average passenger train 25. Cost per mile of moving average freight train 26. Cost of all snow sheds and fences 27. Cost of snow sheds and fences built during the year 28. Cost of repairs of snow sheds and fences during the year 29. Cost of removing snow and ice from the track during the year 30. Aggregate yearly salary paid general officers 76 I II 556 37 263 S4 716 97 292 59 31. Has your company any rule governing your conductors, engineers, trainmen and switchmen concerning the use of intoxicating liquors ? If so, what is it, and is it enforced ? Answer. The use of spirituous liquors is strictly prohibited. 32. What are your rules, if any, in relation to examination for color blindness of employes whose duties require that they should readily distinguish the various colors used for signals ? Ansiver. We have none. 33. By whom is the examination made? 34. How often? 35. Have you in use any cars provided with an automatic coupler? Answer. No. 36. Has your company in contemplation the adoption of any kind of automatic coupler ? Answer. No, EAILEOAD commissioner's EEPOET. 169 37. What coal mines do you own and work, and where located? Answer. None. 38. What stone quarries do you own and operate, and where located? Answer. None, 39. Are you in any manner interested in either coal mines or stone quarries, other than as above specified ? Answer. No. 40. If so, state fully their name, locality and extent of your interest. State of Nebraska, \ County of Douglas, \ Charles D. Dorman, Auditor of the Chicago, Burling- ton and Quincy Railroad Company's system west of the Missouri river, and of the Burlington and Colorado Rail- road Company, being duly sworn, deposes and says that he has caused the foregoing statements to be prepared by the proper officers and agents of this company, and, having carefully examined the same, declares them to be a true, full and correct answer to each and every question therein pro- pounded, and that the same constitutes a true statement of the condition and affairs of said company on the thirtieth day of June, A. D. 1885, tothe best of his knowledge and belief Signed, C. D. Dorman, [l. S.J Auditor. OF R. R. Subscribed and sworn to before me, this seventeenth day of November, A. D. 1885. A. Montmorency, [l. S.J Notary Public. Received and filed in the office of the Commissioner of Railroads, this twenty-first day of November, A. D. 1885. Henry Felker, Secretary. REPORT AtcMsoii, Topta aM Santa Fe Railroaft Co,, ai Leases Lines, FOR THE YEAR ENDING JUNE 30, 1 885. Officers and Offices of The Company Operating. OFFICIAL- POSITION. NAME. LOCATION OF OFFICE, President W. B. Strong Boston, Mass E Wilder Topeka, Kansas Boston, Mass Gen. Man. and Chief Eng'nr .. A. A. Robinson Topeka, Kansas Assistant General Manager ComptroUer and Gen. Auditor- J. P. Whitehead Boston, Mass D. J. Chase Topeka, Kansas H. R. Nickerson Newton, Kansas Division Superintendents ■ P. F. Ban- ...San Marcial, New Mexico Charles Dyer. ....Las Vegas, New Mexico Traffic Manager J. F Goddard Topeka, Kansas Superintendent of Telegraph... R. B. Gemmel Topeka, Kansas Auditor H. C. Clements Topeka, Kansas Gen. Pass, and Ticket Agent... W. F. White* Topeka, Kansas General Freight Agent J.S.Leeds Topeka, Kansas George W. McCrary James Hagerman A. S. Johnson Kansas City, Missouri Topeka, Kansas Topeka, Kansas NAMES OF DIHECTORS. POSTOFFICE ADDRESS. NAMES OF DIRECTORS. POSTOFFICE ADDRESS B. p. Cheney W. B. Strong.... I T Burr George 0. Shattuck.. W. F.Wharton S A Vient Boston, Mass Barnstaple, Mass Boston, Mass Chicago, Illinois Topeka, Kansas Manhattan, Kansas ...Emporia, Kansas C. N. HoUiday E. B. Purcell L. Severy A. W. Nickerson RAILKOAD COMMISSIOKER S REPORT. 171 Executive Committee— W. B. Strong, I. T. Burr, B. P. Cheney, C. R. Codman, A. W. Nickerson, Warren Sawyer, Alden Speare, G. O. Shattuck, W. F. Wharton. Date of annual election of Directors — April i6, 1885. Location of general offices— Topeka, Kansas. Name and address of person to whom correspondence concerning this report should bedirected: "A. A. Robinson, General Manager, Topeka, Kansas." CAPITAL STOCK. Amount authorized by articles of associatiqn. Stock subscribed by individuals or corporations in cash. \ Stock issued for account of construction ]" Stock issued for bonds of company, cancelled Stock issued for dividends payable in stock Stock issued to represent purchased lines, and in exchange for stock of other companies... Total common stock issued Amount of preferred stock Am't of stock issued during last year and on what acc't was incr'se made Proportion of stock for Colorado Amount of stock representing the road in Colorado Amount of stock held in Colorado Number of stockholders in Cqlorado $ 68 000,000 00 24 062 ,650 00 3>39i 500 00 18 077 200 00 II 381 900 00 $_56 9^3 250 00 None. None. ■5 616 200 00 5 616 200 00 300 00 3 BONDED DEBT. DIRECT LIABILITIES When pay- able. AMOUNT OF BONDS. Of the Atchison, Topeka and Santa Fe Railroad Company. Authorized. Outstanding. July I, 1899 April I, 1903 April I, 1909 Sept. 1, 1920 Oct. i, 1920 Dec. i, 1911 Oct. I, 1900 $ 15,000 per mile 7,500 per mile 1,185,000 3,775,000 5,500,000 15,000,000 7,500 per mile $ 7,041,000 7 1,053,000 3,594,000 4,841,000 12,135,000 2,526,000 5 ' 5 4^ 6 7 Four-and-a-half per c't. sink, fund bonds* Six per cent, sinking fund secured bonds* Land grant mortg*e bonds (principal and interest payable from land receipts).. Total $ 31,298,500 *NoTE— Bonds marked * are secured by inortgage bonds of leased and auxiliary road?, 172 RAILROAD COMMISSIOISrER's REPORT. BONDED 'D^BT.— Continued. CONTINGENT LIABILITIES On roads operated as a part of the Atch- ison system. Bonds of leased roads (exclusive of those held by the Atchison company in its treasury) on which in- terest is payable by the Atchison com- pany as and for rental. When pay- able. AMOUNT OF BONDS. Authorized. Outstanding. Cowley, Sum, & Ft. S. R.R. Co. istmort. Flor., El. & Wal.Val'y R.R.Co. ist mort. K. C, Emp. & S. R. R. Co. ist mort'ge K. C, Topeka & W. R. R. Co. ist mort, K. C, T. &: W. R. R. Co. income bonds Marion & McPh. R. R. Co. ist mortgage N. M. & S. Pac. R. R. Co. ist mortgage Pueblo & Arkansas Valley R. R. Co. first mortgage (dated Nov. i, 1875) .. Pueblo & Arkansas Valley R. R. Co. first mortgage (dated Oct. i, 1878.) Wichita & Southwestern R. R. Co. first mortgage Oct. L, 1909 Aug. I, 1907 July i, T909 July I, 1905 Mch. 4., 1906 Oct. 1, 1909 Apr. ±, 1909 July I, 1905 July 1, 1905 July J. J 1902 Total contingent liabilities.. Total direct liabilities '.... Total bonded debt $ 8,oQo per mile 10,000 per mile 8,000 per mile 13,000 per mile 4,600 per mile 7,000 per mile 15,000 per mile 14,000 per mile 14,000 per mile 15,000 per mile $798 000 00 3iOjOoo CO 53= 000 00 8S4 000 00 200,000 00 713 000 00 4,4=5 000 00 1,633 000 00 4 1,942 000 00 412 000 TOO $11,819 000 oo 31,298 ,500 00 *43,"7,5°° 00 Amount of bonds issued during last year and on what account was in- crease made? - y1ns7us*- — Made to repay the Atchison Company for its advance to auxiliary companies for construction and permanent im- provements. Amount of bonded debt per mile of road 1,955 54-100 miles) S?2, 500,000 00 22,048 90 FLOATING DEBT. Amount of debt not secured by mortgage Proportion of debt bonded and floating for Colorado- Total amount of paid-up sjiock and debt Amount of stock and debt per mile of road, covering all the roads jointly and wholly owned or controlled by the Atchison Company None $ 4,954,540 01 100,030,750 00 39,001 00 RAILROAD COMMISSIONER S REPORT. 173 COST OF ROAD. Construction, including right-of-ivay and real estate of entire line in Kansas, Colorado. New Mexico, Texas and Arizona, but not in- cluding the Sonofa railway in Mexico, nor the Kansas roads oper- ated separately, viz : The Southern Kansas Railway Company ;- the Leavenworth, Topeka and Southwestern Railway ; the Man- hattan, Alma and Burlingame Railway, and the Wichita and Western Railroad Cost of construction in Colorado Average cost of road per mile (1,955 54-100 miles) COST OF EQUIPMENT. The equipment applies to 1,955 54-100 miles of road. Total cost of equipment Average cost of equipment per mile of road operated S 84,577,870 93 10,150,624 41 43,250 39 ; 10,312,044 47 5,273 25 PROPERTY ACCOUNTS. CHARGES AND CREDITS BY WHICH THE CAPITAL. AND DEBT HAVE BEEN INCREASED DURING THE YEAR. Grading Bridging and masonry Superstructure, including rails Land, land damages and fences , Passenger and freight stations, coal sheds and water stations... Engine houses, car sheds and turn tables 1 Machine shops, including machinery and tools Other buildings and structures Telegraph Total for construction EQUIPMENT, Locomotives, equipping with automatic air-brakes Parlor, dining and sleeping cars (% interest Pulhnan) Freight and other cars Freight and other cars (equipping with automatic air-brakes) Wrecking cars, pile-drivers and tools Total for equipment Net addition to property account for the year '$ 12,327 63 73,957 13 47,517 60 14487 26 71,930 31 11,603 80 92,853 35 172,345 70 1,472 24 $ 445,165 24 $ 46,966 61 50,216 78 41,659 95 333,381 46 12,843 25 $ 485,068 05 $ 930,233 29 174 RAILROAD COMMISSIONEE S REPORT. DESCRIPTION OF ROAD. Entire Line. Length in Colorado. Length of main line ot road Irom Atchison, Kansas, to west line of Kansas '. LEASED LINES. From Kansas City, Missouri, to Topeka, Kansas From Emporia, Kansas, to Howard City, Kansas From Florence, Kansas, to Douglas, Kansas From Florence, Kansas, to EUinwood, Kansas From Nekton, Kansas, to Caldwell and Arkansas City, Kan- sas, and from Sedgwick to Halstead .*. From Kansas and Colorado State line to Rockvale, Colorado... From La Junta, Colo., to Colorado and New Mexico boundary From Colo, and New Mexico boundary to San Marcial, N, M.. From Lamy, New Mexico, to Santa Fe, New Mexico From Dillon Junction, New Mexico, to Blossburg, N. M From Las Vegas, New Mexico, to Hot Springs, New Mexico.. From Socorro, New Mexico, to Magdalena From San Antonio, New Mexico, to Carthage, New Nexicoi.... From Nutt, New Mexico, to Lake Valley, New Mexico From San Marcial, New Mexico* to Deming, New Mexico From Rincon, New Mexico, to N. M. and Texas boundary From N. M. and Texas boundary to boundary between U. S. and Mexico r From Deming, New Mexico, to Silver City, New Mexico Total length of main line and leased lines ■ Aggregate length of sidings and other track not above Second track between Kansas City and Argentine Aggregate length of track computed as single track, exclusive of sidings Number of miles of iron rail Number of miles of steel rail ^ [Weight per yard, steel, 52, 56, 6t lbs.] [Weight per yard, iron, 48, 52 lbs.] Gauge of track, 2,177.27 miles, 4feet, 8J^ in., 53.37 miles, 3 feet. Number of miles of telegraph owned by this company 470.58 66.25 76.16 53-59 98.61 128.23 185-74 96-37 353-97 18.13 5 93 6.34 30.58 963 13-31 129.04 57-04 20,15 48.29 1,867 94 358.60 4.10 1 ,872,04 561.89, 1,306.05 1,772.83 105.74 96-37 43,62 282.11 116.57 165.54 RAILROAD COMMISSIONERS REPORT. 175 DESCRIPTION OF ^OM).— Continued. Entire Line. Length in Colorado. Number of miles owned jointly with the Western Union Tele- graph Company ...^ Grade — maximiim per mile, Kansas and Colorado State line to Pueblo, 42 2-10 feet. La Junta to Colorado and N. M. boundary, 184 8-10 feet. Longest maximum, Pueblo to Rockvale, 150 5-10 feet. Curvature — shortest radius, 10° 573 69-100 feet. Aggregate length of all radi, 57 584-1000 miles. Aggregate length of tangents, 224 521-ipoo miles. If any of the road was first operifcd for operation during the past year, state the date? Answer — January 1, 1885. Total miles of road operated by this company.. 1,867.94 STATIONS, Entire Line. In Colorado. Number of stations on all roads owned and leased by this company Number of stations on all roads operated by this company Number of " common points " Number of telegraph offices in stations 267 267 29 152 34 34 EMPLOYES. Entire In Line. Colorado. Average sal- ary per an- num Total .salaries. Division and' assistant superintendents Road masters Clerks in all offices Master and assistant mechanics Helpers in shops ^ Train dispatchers Conductors Engineers 5 15 807 1.342 534 26 171 251 5 34 =3 4 34 33 $ 3.284 04 1.528 g4 Sis 78 729 29 507 06 1,230 05 970 go 1,332 25 $ 16,420 20 21,434 10 658,334' 46 988,707 18 270,770 04 31,981 30 68,933 9° 324,394 75 176 RAILROAD COMMISSIONER S REPORT. ^UV'LOY^.S.— Continued. Entire Line. In Colorado Average sal- ary per an- num. Firemen and wipers . Brakemen Baggagemen Flagmen, switch tenders, gate keepers and watchmen Station agents Telegraph operators . yection foremen Section laborers Other employes Total number of persons regularly em- ployed Total amount paid employes . 507 69 337 70 52 5 211 12 143 8 140 19 , 362 48 1,876 263 1,159 154 \ 7,938 783 664 30 667 95 557 14 647 91 708 10 642 40 731 82 416 29 488 28 ■Total salaries. 336,800 10 225,009 15 28,971 28 136,709 01 101,258 30 89,936 00 264,918 84 780,960 04 565,916 52 $ 4.9"»455 17 BRIDGES IN COLORADO.- AGGREGATE LENGTH. Wooden truss bridges Combination bridges Iron bridges ■. Wooden trestle in pile Iron trestle BOX CULVERTS IN COLORADO. TimTjer and stone 3 424 3 790 feet. 88 feet. 362 feet. 24,411 feet. 450 feet. 16 feet. CATTLE GUARDS. Number in Colorado « No record of cattle guards. Renewal of bridges and culverts in Colorado — Only general repairs, except ^iron bridges as given below. Amount of timber used iil renewals of wooden bridges during the year (feet B. M.) No record. Amount of trestle work replaced with earth during the year (lineal feet) None. Timber culverts replaced with stone None. Timber culverts replaced with sewer pipe None. Timber culverts replaced with timber None. RAILEOAD COMMISSIONER S REPORT. 177 BRIDGES BUILT WITHIN THE YEAR IN COLORADO. LOCATION. KIND. MATERIAL. WHEN BUILT. LENGTH IN FEET. Pile. File. Pile. PUe. Iron, Wood. Wood, Wood. Wood. Iron. 1884 1884 1884 1884 1884 7S 164 Between Mile Posts 640 and 641 * Replacing 173 feet pile bridge. Give the average number of years that trestle and pile bridges last on your road in Colo- rado R to 10. Give the average number of years that wooden truss bridges last on your road in Colorado 10 to 12. ROAD-BED AND TRACK IN COLORADO Numberof track sections , 45 Average length of sections 6)^ miles Average number of men in each section gang 4^^ Average number of ties per mile of road 3,000 Number of new ties laid in track during the year 66,472 Average number of new ties per mile of road 235 New rails laid in track during the year — steel — [2,004 518-2240 tons] miles 20.91 Total track laid with new rail during the year, miles 20.91 .Average -life of iron rails on main line About 8 years Average life of iron rails on branches No branches Average life of steel rails on main line Have not had steel in long enough to wear it out Average life of ties Pine ties about 4 years, oak ties about 8 years Average life of joint fastenings 8 to 10 years according to location Aeerage life of frogs s 8 to 10 years, according to location CROSSINGS IN COLORADO. What railroad crosses your road at grade and at what locality : Denver and Rio Grande at Pueblo. • Denver and Rio Grande at mile post 645. • Denver and Rio Grande at 3.6 miles east of Trinidad. Denver and New Orleans at Pueblo 'V/'hat railroads cross your road, either over or under; and at what locality : Denver and Rio Grande, under, near mile posts 635 and 652. Number of highway crossings at grade Number of highway crossings at which there are flagmen Number of highway crossings over railroad Number 'of highway crossings under railroad Number of highway bridges eighteen feet above track Number of highway bridges less than eighteen feet above track None None None FENCING IN COLORADO. How many miles of your road in Colorado are fenced 46 track miles What is the average cost per rod.. $3.06 per track rod What is the total cost of the same Sic 176 How many miles of new fencing have you bujlt duriqg the year., , lU 178 RAILROAD commissioner's REPORT. ROLLING STOCK. LEASED. OWNED. TOTAL. 4 90 94 3 22 25 4° iBi 221 6 6 12 14 137 151 8 60 68 30 821 3,609 4.430 lOO 847 947 784 1,815 2,59y 594 1,105 1,699 9,924 AVERAGE LIFE IN YEARS. Number of passenger locomotives Number of switching locomotives. Number of freight locomotives Number of miscellaneous locomotives Number of passenger cars Number of baggage, mail and express cars Number of sleeping and buffet cars (onerhalf interest) Number of box freight cars Number of stock cars , Number of platform and coal cars Number pf other cars Total number of cars Maximum weight of locomotives and tenders Average weight of locomotives and tenders Number of locomotives equipped with train brake Kind of brake Automatic Maximum weight of passenger cars.... Average weight of passenger cars Number of cars equipped with air brake Kind of' brake Automatic Number of passenger cars, equipped with Miller platform and buffer Leased to Southern Kansas Railway. 10 engines, one pay car, 100 box cars, 150 coal cars, included in figures giten above The amount of tonnage that can be carried, over your road, exclusive of cars, by an engine of given weight : Weight of engine Ansiver — The number of tons varies so on the different divisions and on account of state of weather, etc., that cannot give the average with any degree of accuracy 55 tons 40 tons 2l8 285^ tons 24 tons 6,636 MILEAGE, TRAFFIC, ETC. Miles run by passenger trains during the year Miles run by freight and mixed trains during the year.. Miles run by switching trains during the year Total train mileage 2,272,379 3,846,008 1.437,042 7,555,429 RAILROAD commissioner's REPORT. 179 CARS AND WEIGHT OF TRAINS. Average number of cars in passenger trains Average weight of passenger trains, exclusive of passengers . Average number of cars in freight trains .*. Average weight of freight trains, exclusive of freight 270,000 lbs. 22 440,000 lbs. PASSENGER TRAFFIC. Number of through passengers carried... Number of local passengers carried Number of passengers carried east and south Number of passengers carried west and north Total number of passengers carried Total passenger mileage or passqfigers carried one mile . Average distance traveled by each passenger Average amount received from each passenger Average rate of fare per mile for all passengers *Average cost per mile per passenger *Average cost per mile per passenger in Colorado 31,991 1,096,479 544,394 584,076 1,128,470 115,604,927 102.44 miles $ 2 66 2.6032 cts. *The expense being too great to warrant keeping the statistics netjessary to show this information, a reply would be little more than a guess. FREIGHT TRAFFIC. Number of tons of through freight carried Number of tons of local freight carried Total tons of freight carried Total mileage of through freight (tons carried one mile),.... Total mileage of local freight (tons carried one mile) Total freight mileage) or tons carried one mile Average rate per ton per mile received f&r through freight . Average rate per ton per mile received for local freight Average rate per ton per mile received for all freight *Average cost per ton per mile to mqve local freight *Average cost per ton per mile to move through freight ♦Average cost per ton per mile to move all freight 64,911 2,476,161 6 2,541,072.6 52,254,217 S7i,33i>^59 623,585,376 1.561 cts, 1.567 cts. 1.566 cts. *The expense being too great to warrant keeping the statistics necessary to show this information a reply would be little more than a guess. 180 RAILROAD commissioner's REPORT. CAR MILEAGE. Number of miles run by loaded freight cars east and south.... Number of miles run by loaded freight cars west and north.. Number of miles run by empty freight cars east and south..., Number of miles run by empty freight cars west and north.. Total freight car mileage Percentage of empty freight cars hauled east and south to all freight cars hauled east and south Percentage of empty freight cars hauled west and north to all freight cars hauled west and north 25,496,147 31,111,506 15,761,011 9,692,234 82,060,898 38.20 per ct. 23.75 per ct. SPEED OF TRAINS IN COLORADO. Rate of speed of passenger trains, including stops, miles 26^^ per h'r. Rate of speed of freight trains, including stops, miles... ^ latoTS per h'r. TONNAGE OF ARTICLES TRANSPORTED. TONS. Grain Flour Animals Other agricultural products Iron, lead and mineral products ,.1...^ Lumber and forest products Coal Salt i Stone and brick Manufactures — articles shipped from point of production.. Merchandise and other articles not enumerated above Total tons carried 392,121 9 55,529-8 '231,680.2 23,153-5 133.043-8 229,105 5 503,222 4 8,732 99,331-4 56,081.4 809,070.7 2,541,072.6 PER CENT. I5432 2.186 9 115 O.911 5-236 9.016 19 804 0.344 3-909 2.207 31.840 EAILROAD COMMISSIONER S REPORT. 181 TONNAGE OF ARTICLES TRANSPORTED IN COLORADO, (local only.) PER CENT. Grain . Flour .. Animals Other agricultural products Iron, lead and mineral products . Lumber and forest products Coal Salt Stone and brick '. Manufactures — articles shipped from point of production ., Merchandise and other articles not enumerated above Total tons carried.., 406.4 0.401 941-7 0.931 914.2 0903 1,180.7 1.167 20 0.019 3,263 3.223 43,228.7 42.699 15 0.014 1,043.2 1.031 71-5 0.071 50,154-5 49-541 101,238.9 100 ANALYSIS OF EARNINGS. Earnings— Passenger — From local passengers $ 2,435,157 43 From through passengers .. 532,762 77 From all passengers : From express and baggage From mails Total earnings passenger department Total passenger earnings in Colorado. See note below. Earnings per train mile (2,272,379 miles) {$1 58) Earnings per mile entire line Earnings per mile in Colorado. Note — On account of the largQ « expense which would have to be incurred the earnings and ex- penses are not separated as between the several States in which the Atchison, Topeka and Santa Fe Company operates its roads. If a separation was made on a basis of pro rate mileage, it could only be considered an arbitrary division. Earnings — Freight — From local $ 8,953,072 10 From through 815,695 44 Total earnings freight department Total freight earnings in Colorado. See note, passenger earnings. Earnings per train mile (3,846,008 miles) $ 2.54 $ 2,967,920 20 340,465 82 271,262 82 $ 3.579.648 84 $ 1,916 36 $ 9,768,767 54 182 RAILROAD COMMISSIONER S REPORT. ANALYSIS OF EARm'NGS.— Continued. Earnings per mile entire line Earnings per mile in Colorado. See note, passenger earnings for same. Earnings per mile in mails, express and other sources Earnings per mile in mails, expVess and other sources in Colorado. See note, passenger earnings. Total tariff earnings for the year ending June 30, 1885 ■■ Total pool earnings for the year ending June 30, 1885 None Total transportation earnings ^ Earnings per train mile run from all trains earning revenue (6,118,387 miles) _ $ 2 18 Earnings per mile of road operated — average miles operated — (1,852.65 miles) ?7>3ii 60 Proportion of earnings for Colorado. See note, passenger earnings for Colorado. Car mileage (credit balance) ? , Earnings from all other sources (miscellaneous) Total earnings from all sources 12,736.687 74 i3»348,4i6 38 83,995 62 121,183 °8 13,553^595 08 Proportion of earnings for Colorado See note, passenger earnings. Of the earnings of the entire line, what is the ratio of the passenger to the freight? Answer, i as to 3 nearly. EXPENSES OF OPERATING THE ROAD FOR THE YEAR. CLASS I^MAINTENACE OF WAY AND BUILDINGS. Repairs of road-bed and track Renewal of rails [Number tons laid, steel, 5,5531475.1 Renewal of ties .■ [Number laid] 460,876 Repairs of bridges, including culverts and cattle guards Repairs of fences, road crossings and signs Repairs of buildings, stations and water tanks Total CLASS II— MAINTENANCE OF MOTIVE POWER AND CARS. Repairs of locomotives Repairs of passenger cars;. ^.... Repairs of freight cars Total 5 1,460,422 20 237,985 12 202,387 29 190,055 48 24,991 00 14^,004 40 $ 2,263,845 49 $ 411,064 84 198,583 25 732,258 23 $ 1,341,906 32 RAILROAD COMMISSIONER S REPORT. 183 CLASS III— CONDUCTING-'TRANSPORTATION. Fuel for locomotives Water supply .' Oil and waste.' ,. Locomotive service Passenger train service Passenger train supplies Freight train service # Freight train supplies , Telegraph expenses (maintenance and operating) Damage and loss of freight and baggage Damages to property and cattle Personal injuries , Agents and station service , Rentals Traffic and division superintendence Station supplies ■. Total GENERAL EXPENSES AND TAXES. Salaries of general officers and clerks , Legal expenses Insurance Stationery and printing Outside agencies and advertising Contingencies (all other expenses) Taxes in Colorado... C $ 63,987 o6'\ Taxes in other States (^ 260,198 gi J Total RECAPITULATION OF EXPENSES. Maintenance of way and buildings • Maintenance of motive power and cars Conducting transportation General expenses, including taxes Total operating expenses and taxes Total taxes.. Operating expenses and taxes per mile of road operated (average miles operated, 1,852.65) , Operating expenses and taxes per train mile for trains earning revenue^ (6,118,387 miles) Percentage of expenses to earnings, 55.91 per cent. $ 592,253 23 79,328 71 53,9^7 09 637. HO 95 153.952 09 25,934 96 311,233 03 34,749 61 151,331 48 33.430 07 61,954 72 45,152 74 573,899 44 7,237 30 17^)343 20 46,347 81 J 2,984,206 43 $ 84,125 93 101,407 94 24,634 78 49,740 93 217,160 01 186,571 54 324,185 97 _ $ 987 , 827 10 $ 2,263,845 49 1,341,906 32 2,984,206 43 987,827 10 $ 7,577,785 34 $ 4.090 24 184 RAILROAD COMMISSION;Er's REPORT. J u-> w 4 > oo 00 h '-' U ^ Ir] u CO Oh (/) w w 2 cc ^ (fl i") w 2; l-H o P p 2 W C/J O) J P^i J < < W >H s w n m ;? I-H 7^ P^i D Z Q cd < at O w 1— 1 ^ 2 4 P^ 3C < H W ;i + I ■ H U O « o „ t^ in oo M lO 00 cTi : o\ o Ch o t^ ya VD o ■* : 8 r^ o M C1 * 00 n. -*■ w fH ■o C^ r- ■4- ■ea • *Q. t-. t^ OO t^ ■+ „ 00 ; ON OS tN. o t^ vO ro -^ ■* '• Os h" M H M M H " H H H M ro : «% , w. : ^ s ^ feu; o z fa s < s B )-■ EAILBOAD COMMISSIOJSTEk's EEPOET. 185 ro 0) c c IT t^ Th H ■^ m DO o\ c ro « !>. t-> m \6 !>. 4 ' t^ vo in 00 t^ i>. t>. 8 vo ■^^ ■+ t^ 0\ vo tN. t*. m vo ~~. 1 vo vo t-^ « "" t M ^» T 0\ OO . ■* o* vo in »o c VC vo t^ fn « CO in t^ Ov w 1 N vo Ti- O en o vo m H t^ in m tN. -^ « 00 in vo o q^ 1 ^ -^ 0\ in N t^ >n «_ CO vo" i>. >c rn u ■^ --l- p VC O tC t- 0\ -* •- £? en et -4- ft N H 1- •- o\ ! 1 I + 1 1 1 1 1 + .1 fO Cn. ~ T fn O vo H vC m vo -.n 00 . ON 00 CO 1 T "* -* vo -1 00 V vo t^ VC ro ■* « H o\ OV i-i -) in ro « N <- OV Tf CO c ^ o\ c^ ■* H t^ vo_ in \o_ "t: ". c ; in r^ cT T « t^ « ro c w" c^ !>. r- ■«" vo in O r. l 5 oc o^ « u T N 0\ Ov - O «& '-' -M. 0\ ov in t>. p in Th c^ O t^ ■<»- « !>. o\ CT. m u T t-^ CO 00 m fo O H vo o oo fo in « fO "^ 00 M 03 M m -!t- c Th a\ N ■* O T VO y3_. «>_■*■ O- ov cb 1 c vo" n H OS N m o6" d^ c^ d^ 6" m in. vo 'U T vo in m vo vg^ m. CO ^ l-. t^ t-- OS vb vo in n vo r . ■* vo n H W O 'Tl- CO a vo in vo C -<1- vo IH N C^ M tv ^ O en VC vo \o ■*■ n 00 Th vo oo « o • j\ -4- r> in VO_^ CO 00 c _^ vo 00 (^ 2 ° r, oq__ VO_^ vo c n CO oo vo vo c^ O Ov T ■* m vo 0\ fO fO O Ov ■* OS o\ P> 1- m M C4 M C M N « C4 n 0_^ ro Wk o »o t-^ 1^ vo li 0\ in c ^ en tN. « m ro Ov r> ■<*■ xs ri - IN ov r^ vo vo o: vO_^ to (M t^ -^ >■ oo" in H vo l>i CO Ps in ■* u T vo 00 vo m -* vo 1 O p^ CO 0\ M_ ov t^ vo vo oo c^ vo K. °°, «& M di ■»a ( c T) i d ^ i ^ O U GO 00 J S M -c ci n u .9 OJ t^ , a S 1- t hi ° ■^ a 1 P u 1. _Q i >, ^ CI] o _> < 1 J o E > o E 1 c 1 t c < 1 C h il o SI E T) ?i ffl ffl bi) o c ■S-° s ^ 3E !4* 186 RAILROAD commissioner's REPORT. 4 00 o w o Q' W < u >< w H O l-H Q W CO w X W z w I— ( h 2 W I w u W PL X w ;>- h o + I y r H O H a H o g- -8 -g- ri rx>' ro ■^ \o ■^^ u-i lO C3\ 0\ ^O S B S S 5 ST ^ fc^ ^ < tn O Izi Q ii S fa S rr)0 OvONt^f^NO moo voM oNFOt^w HooNO inui Tj-inM fOTho mo inoow oon inoNio'O m'^vo )H ONt^-^iooN ■^ n" m" t^ i-T d; oo" oo" oo" o" m o" fn ONiooo Q H onio^co 0) ininco NO vo -lo vONO lOuniomNO inio ■W, ^ fO ON 00 m fn 00 ^ H ^ j^ s m NO y3 O C4 V 1 E 1- 1 1 i is S ,r i2- c 2 E^ 6» ■SET Si " s u rd ^ O u d *j ^ "i_ " <«^ j2 4-1 in (3 " fi o ba -^ y rt 00 g S rt ^- 9 oj.S O ■B'BB SI d o 3" 3^ "/^vn ".•'^"•w J3 i. 188 RAILROAD COMMISSIONERS REPORT. GENERAL EXHIBIT. Total earnings Total expenses, including taxes . Net earnings .' .../. Rentals, specifying amount paid to each company : Florence, Eldorado & Walnut Valley R. R. Co.^ismos.. Kansas City, Emporia and. Southern Railway Co Kansas City, Topeka and Western Railroad Co * Leavenworth, Topeka and Southwestern Railway Co... Marion and McPherson Railway Company New Mexico and Southern Pacific R. R. Co Pleasant Hill and De Soto R. R. Co., 3 months Pueblo and Arkansas Valley Railroad Company Wichita and Southwestern Railway Company- Cowley, Sumner and Fort Smith bonds $ 27,125 o<\ 37.240 00 73,780 00 27,600 00 49,910 00 309,750 00 2,roo 00 250,250 00 28,840 00 55,860 00 Rental of rolling stock Pool balances paid other roads.. Sundries Interest on bonds of the Atchison Company's issue, exclusive of interest on the land grant bonds paid by the land grant trustees from land receipts Sinking Fund payments for bonds of the Atchison Company's issue Dividends declared [6 percent.] ^13,553,595 08 7,577,785 34 5,975,809 74 S 862,455 00 25,500 00 241,676 53 13,993 83 i, 576, 123 98 230,816 25 3,414,775 50 INCOME ACCOUNT. 113,553,595 °8 210,000 00 Income from stock owned of connecting or other roads Track rentals $ 60,890 62 191,653 27 35,817 76 Miscellaneous interest . $ 288,361 65 ?i4,°5i,9S6 73 ' RAILROAD COMMISSIONERS REPORT. 189 GENERAL RECAPITULATION. Total income Total operating expenses and taxes Net income above operating expenses and taxes Net income above operating expenses, taxes, interest and rental.. ^14,051,956 73 7,577.785 34 6,474.^7^ 39 $ 3.523.605 80 GENERAL BALANCE SHEET, AT THE CLOSING OF ACCOUNTS JUNE 30, 1885, £)F THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, AND LEASED LINES. LIABILITIES. AMOUNT. Capital stock and scrip Bonds of the Atchison Co.'s issue Bonds of the auxiliary com^ panics for which the Atchison Co. is contin gently liable Scrip certificates unpaid.. Coupons payable, including those payable July i, i Accrued interest to July i, 1885, on roads -the cou- pons of which are not due until subsequent months Dividends payable August 15, and balance former dividends unpaid Sundry book balances and suspended accounts Insurance and renewal fund accounts Land grant trustees , Accounts payable and pay rolls including for June, payable in July Income accounts to June 30, 18S5 Cancelled bond account to June 30, 18B5 Total.. $ 56>9^3»256 00 31,298,500 00 11,819,000 00 708 75 304,069 16 869,854 CO 737.967 95 644,050 68 2,036,154 09 1,605,594 62 6,039,673 25 1,872,500 00 $ 114,635.565 00 Construction, equipment and rolling, stock Property in auxiliary com- panies represented by their stocks and bonds held by the Atchison Co., as permanent investment. Property in other com- panies represented by their first mortgage bonds, for which the Atchison Co, is contingently liable, now included in the liabilities.. Other bonds and securities.. Due from auxiliary com- panies, mostly for con- struction United States Government- Atlantic & Pacific R.R. Co Accounts receivable Cash on hand and deposited with banks Materials and supplies on hand. TotaL, S 38,135,451 76 53,038,613 64 11,819,000 00 3,297,492 57 1,524,772 38 275.494 31 2,275,379 72 1,798,907 T2 1,204,969 20 1,265,484 30 $ 114.635,565 00 190 RAILROAD commissioner's REPORT. STATISTICS OF TRAFFIC IN COLORADO. Abstract of Commodities Shipped from Stations, Year ending June 30, 1885. Agricultural products. Tons. Products of mines. Tons. Products of forests. Tons. Live stock. Tons. Merchandise & Miscella- neous. Tons Holley's Granada Carlton Blackwell Prowers Caddoa , Hilton Las Animas.. Robinson La Junta Benton Timpas Iron Springs. Delhi Thatcher Tyrone Earle Hoehnes Trinidad Starkville Morley Wootten Rocky Ford.. Catlin Oxford Nepeste Boone Chico Baxter Pueblo Taylor's , Clelland Rockvale Totals 561. 1 734 117.7 1.6 80 155.6 331-1 178.7 11,793.2 72,053.1 33>s6o.4 531-6 129.6 2,540 831.8 9,667.3 I 176,887.2 ! 4»3773 1,490 T3 2,008.7 1.783-5 .6 32.5 14.8 1,060 7 584-7 10.4 20.2 358.3 287 1 101.4 15.1 4,679.7 74,724.4 439-6 5 1,720.7 65.3 17.5 1,051.8 15 11.9 19,948,8 i34.395 .g RAILROAD COMMISSIOlSrER S REPORT. BUSINESS AND RECEIPTS. 191 COLORADO. ONLY. Tons for- warded. Revenue en- tire line. PASSENGERS. Number Revenue en- from tire line. Total revenue entire line. Kansas State Line... HoUey's Granada Carlton Blackwell Prowers Caddoa Hilton Robinson Ja Junta Benton Timpas' Iron Springs Delhi Thatcher Tyrone Earle Hoehnes Trinidad Starkville Morley Wootten Rocky Ford Catlin Oxford Nepeste Boone Las Animas ,... Chico Baxter Pueblo , Clelland , Rockvale , 697-3 832.8 .6 1,522.5 195.8 1,093.8 108 358^ w X H a S 2 D Q o 00 Q 00 •< Pi o O ro J w O ^, u D o 00 H :z; w p u < o H o Ph ■ W = £ S '^ o m rt E o B ■« Q S Q W 1 t K M ^ a ; : -8 •! 5 s ^ ^ 5 J- 1- j-i : ^ rt s ^ 5 a M E 01 Ji p J c4 1 w o OO 00 00 00 •-1 '-1 < -^ 6 S. S cntnintntncoO^OOOOOIa^lz; 194 RAILROAD COMMISSIONERS REPORT. Q D Z H O U CO H W Q u < o H Z W H CO o w D Ca fn ,s ^ ■ e a — ^ B s" :.§ I/!0(i.HOPtnll< — -^ o fi ft. a, H ij iJ h; H >-J Bi ® 1 I— 1 o 13 < >■ 55 W M ^ ^ s n o fc < H ,^ w -J « 12i DO 00 00 00 00 00 OO 00 CO CO DO CO 6 S B S B b £• E- £■ ^;!2;2;pp, non£,£,^^,£,^ KAILROAD C0MMI8SI0NEE B KBPORT. 195 n _ S W « U fL, [I, U PS « ^ .5 D & ^ M U K 3 £ I S 5 Z _4 , 2 : : i S _t i z. 1 C ft, n X .2 ' ,2 ^ >> e. Pi ^ Pi u CM _ * s m H k' a (S; ■3 < I « w P< Q O 1 s i K "a rt M a O d s •— > '> (3 j3 H CO 00 00 CO ^ E- CO 00 00 00 196 RAILROAD commissioner's REPORT. Q W 35 D (^ St ■c S Ul li< H e = pj u a M p — ; O .— K P< H ;j ;3 K W H fe ^ — ^^ 3 n b s •— . p d w H W js ^ ^ H ^ .^' s ^ 4J Si r'^ ii > a S o •-> o 00 00 00 CO CO CO 00 03 00 03 RAILROAD COMMISSIONER S REPORT. 197 TABULAR STATEMENT OF ACCIDENTS. KILLED. INJURED. Passen- gers. Employes Others. Passen- gers. Employes Others. 6 s 3 4 3 SO I Falling from trains Getting on and off trains Highway crossings I 2 I While intoxicated I Total 3 2 75 SUMMARY OF ACCIDENTS FOR COLORADO. Number of persons killed during the year ^ 3 Number of persons injured during the year 78 Number of casualties purely accidental during the entire yeAr 50 Number resulting from lack of caution, carelessness or misconduct 27 Number of persons killed while intoxicated i Number of trespassers on track injured 3 Number of tramps, or others stealing rides, killed or injured i TRAIN ACCIDENTS IN COLORADO. FOR THE YEAR EMBRACED IN THIS REPORT. Collisions ■ Collisions in yards, switching.. Failures in rolling stock Cause unknown Trains breaking into , Broken rails Misplaced switches Miscellaneous Total 47 198 RAILROAD COMMISSIOIS'ER's REPORT, ADDITIONAL QUESTIONS. EXPRESS COMPANIES. What express companies run on your road, and on what terms, and what conditions as to rates, etc. ; what kind of business is done by them, and do, you take their freights at the depot, or at the office of such express company? Wells, Fargo & Co.'s Express. Ex- press company pays fifty cents per mile per day on 12,000 pounds westward and 4,000 pounds eastward, and thirty cents per 100 pounds per 100 miles for all weight in excess of this amonnt, less ten per cent, for handling and transporting mail money for the railroad company. The railroad company provides the necessary cars and bears entire cost of maintenance of same. Express company does general express bus- iness, handles its own freight, receiving and delivering same on the cars at the depot. SLEEPING CARS. Do sleeping, parlor or dining cars run on your road, and if so, on what terms do they run, by whom are they owned, and what charges are made in addition to regular passen- igerrates? Pullman sleeping cars run on this road. The cars are owned jointly with the Atchison, Topeka and Santa Fe Railroad .Company and the Pullman Palace Car Company. The Pullman Palace Car Company pay the expenses and the net receipts are divided equally. The railroad company haul the cars free and keep them in repairs, but the Pullman Palace Car Company furnish beddmg and .upholstery. UNITED STATES MAIL. What is the compensation paid you by the United States government for the trans- portation of its n;ails on your road, and on what terms of service? $270,- 424.44. The railway company provides the necessary cars, bears the entire cost of maintenancs of same, receives and delivers the mails at terminal offices and delivers the mails into and takes ^them from intermediate post offices located not over eighty rods from points at which trains make regular stops. LAND— CONGRESSIONAL GRANT. State the number of acres of land your company has already received from the Congressional grants State the average price at which these lands have been sold or contracted by the company State the number of acres sold State the amount received from sales State the amount unpaid on outstanding contracts... State the gross amount received from sales, contracts, forfeited contracts, etc., up to June 30,1885 State the amount expended in sale and management of land^ State the amc^int of taxes paid on lands State the amount realized from the sale of lands above the expenses in- curred in the management and taxes 2,934.659-68 ! ^ 25 962,841.84 $8,486,591 40 1,586,265 97 8,521,688 82 I1423.179 78 1,157,092 97 5,941,416 07 RAILROAD COMMISSIOKER's REPORT. 199 Date of original charter of the road, and that of any road consolidated with it and the names of the companies? Incorporated ^by an act passed at the Fifth sgssion of the Legislative Assembly of Kansas (Cap, 47), approved February 11, 1859, Rates and dates of all cash dividends on stock of original and consolidated companies? The first cash dividend declared August 9, 1879, and was at the rate of 3 per cent. The following are the yearly rates which have been paid: For 1879, 6 per cent.; for 1880, 7% per cent.; for 1881, $% per cent.; for 1882, 6 per cent.; for 1883, 6 per cent ; for 1884, 6 per cent.; for 1885, at the rate of 6 per cent. Dividends are paid quarterly, in the months of May, August, November and February. Date when main line (giving termini and length) was put in operation ? ATCHISON, TOPEKA AND SANTA FE RAILROAD, Topeka to Newton, July i, 1871 Topeka to Dodge City, September "g, 1872 Atchison to Topeka, April 24, 1872 Topeka to west State line of Kansas, February 20, 1873 ■ j 470.58 miles. Date of commencement of operating of each branch line, giving termini and length? KANSAS CITY, TOPEKA AND WESTERN. Froiji Topeka to Kansas City, Mo., August 29, 1875 66.25 miles. KANSAS CITY, EMPORIA AND SOUTHERN. From Emporia to south line of Greenwood county, October 10, 1879... From Emporia to Howard City, December 29, 1879 MARION AND McPHERSON. From Florence to McPherson, September 29, 1879 From Florence to Lyons, June i, r88o From Florence to EUinwood, September 4, 1881 FLORENCE, ELDORADO AND WALNUT VALLEY. From'Florence to Eldorado, August i, 1887 ^ From Florence to Douglas, August i, 1881 j WICHITA AND SOUTHWESTERN, From Newton to Wichita, May 13, 1872 From Newton to Arkansas City, June i, 1880 From Newton^ to^Cald well, June i3,'^i88o ; From Sedgwick to Halstead, January i, 1882 ■ PUEBLO AND ARKANSAS VALLEY. From State line of Kansas to Pueblo, Colo., March 4, 1876 From Pueblo, Colo., to Rockvale, Colo., Jan, ±, 1881 From La Junta, Colo., to Colo, and N. M. boundary, July 6, 18; 76.16 miles. 1.61 miles. 53.59 miles. y 128.23 miles. . y 282,11 miles. 200 EAILBOAD COMMISSIOISnER S REPORT. » NEW MEXICO AND SOUTHERN PACIFIC. From Coio. and N. M, boundary to San Marcial, N. M., Oct. t, 1880... "J From Lamy, N, M,, to Santa Fe, N. M., February 16, 1880 j NEW MEXICAN. From Dillon Junction, N. M , to Blossburg, N. M., January i, 1882...." From Las Vegas, N. M., to Hot Springs, N. M., April g, 1882 From San Antonio, N. M., to Carthage, N. M., May i, 1882 From Nutt, N. M, to Lake Valley, N. M., April 1, 1884 From Scorro, N. M., to Magdalena, N. M., January 1, 1885 RIO GRANDE, MEXICAN AND PACIFIC. From San Marcial, N. M., to Deming, N, M., March 20, From Rincon, N; M., to New Mexico and Tex. boundary, RIO GRANDE AND EL PASO. From N. M. and Tex. bound'y to bo'nd'y bet. U. S. & Mex., July 1 , 1881 SILVER CITY, DEMING AND PACIFIC. From Deming, N. M., to Silver City, N. M., July i, 1884 372.10 miles. o, 1881 1 ry, July i, 1881 j 65.79 iniles. 186.08 miles. 20.15 miles. 48 29 miles. Roads operated under lease {whether temporary or permanent) giving name, termini, length, addressof lessors and terms of lease. NAME OF ROAD. TERMS OF LEASE. Kansas City, Topeka and Western Railroad. Kansas City, Emporia and Southern R'y ..... Marion and McPherson - , Wichita and Southwestern Railway , Florence, Eldorado and Walnut Valley R. R Pueblo and Arkansas Valley Railroad New Mexico and Southern Pacific Railroad. New Mexican Railroad Rio Grande, Mexico and Pacific Railroad.... Rio Grande and El Paso Railroad Silver City, Deming and Pacifi.c Railroad The road is leased to the Atchison, Topeka and Santa Fe Railroad Company, which receives all the earnings and pays all the operating expenses and taxes and the inter- est on the Q^itstanding bonded debt. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. RAILROAD commissioner's REPORT. 201 What operating arrangements have you with other railroad companies, setting forth con- tracts for the same? With the Southern Kansas Railway Company for use of the Atchison Company's track between Kansas City and HolUday. With the Leaven- worth, Topeka and Southwestern Railway Company for use of the Atchison Com- pany's track betwenn "itopeka and Meriden Jimction. With the St. Louis and San Francisco Railway Company for use of the Atchison Company's track between Hal- stead and Sedgwick, and Sedgwick and Wichita. With the Atlantic and Pacific Rail- road Company for use of the Atchison Company's track between Albuquerque and Atlantic and Pacific Junction, Are the bridges and trestles provided with guard rails ? Yes. Do all bridges and trestles receive stated examinations? Yes. How often ? Once in four to six months. By whom ? The superintendent and resident engineer. Average number of cars in passenger train in Colorado ? Six. Average number of cars in freight train in Colorado.- Twenty-two. Cost per mile of moving average passenger train? Our statistics do not show. Cost per mile of moving average freight train ? Our statistics do not show. ~ Cost of repairs of snow sheds and fences during the year? 1^1,780.82. Cost of removing snow and ice from the track during the year? $11,685,53, Has your company any rule governing your conductors, engineers, trainmen and switch- men concerning the use of intoxicating liquors ? If so, what is it, and is it enforced ? Yes, The use of intoxicating liquors, while on duty, is strictly prohibited. It is enforced. What are your rules, if any, in relation to examination for color blindness of employes vvhose duties require that they should readily distinguish the various colors used for signals ? Have none' Have you in use any cars provided with an automatic coupler? All passenger equipment has automatic coupler ; none on freight. Has your company in contemplation the adoption of any kind of automatic coupler? Not at peesent. What coal mines do you own and work, and where located ? None. What stone quarries do you own and operate, and where located? None, Are you in any manner interested in either coal mines or stone quarries, other than as above specified? No. State of Kansas, 1 County of Shawnee, j ' A. A. Robinson, General Manager of the Atchison, Topeka and Santa Fe Railroad Company, being duly sworn, deposes and says that he has caused the foregoing state- ments to be prepared by the proper officfers and agents of this company, and, having carefully examined the- same, no 202 RAILROAD COMMISSIOKrER's REPORT. declares them to be a true, full aiid correct answer to each and every question therein propounded, and that the same constitutes a true statement of the condition and affairs of said company on the thirtieth day of June, A. D. 1885, to the best of his knowledge and belief Signed,' A. A. Robinson, [l. S.J General Manager. OF R, R. Subscribed and sworn to before me, this twenty-second day of October, A. D. 1885. Wm. G. Smyser, [l. S.J Notary Public. Received and filed in the office of the Commissioner of Railroads, this twenty-sixth day of October, A. D. 1885. Henry Felker, Secretary. REPORT Pueblo & Arkansas Valley Railroad Co., FOR THE YEAR ENDING JUNE 3O, 1 885. Officers and Offices of the Company Operating. OFFICIAL POSITION. r^ME. LOCATION OF OFFICE. Wm. B. Strong M. D. Thatcher M. D. Thatcher A A. Robinson J P Whitehead Secretary Treasurer General Manager Gen. Aud. and Comptroller.... ;..Pueblo, Colo. Pueblo, Colo. Topeka, Kans. NAMES OF DIRECTORS. POSTOFFICE ADDRESS. NAMES OF DIRECTORS, POSTOFFICE ADDRESS W.B. Strong I. T. Burr Boston, Mass M. D. Thatcher Pueblo, Colo. B. P.Cheney Boston, Mass 0. H. p. Baxter Pueblo, Colo. A. W. Nickerson Boston, Mass James Clelland ..Canon City, Colo. G. 0. Shattuck Boston, Mass Executive committee .....Wm. B. Strong, I. T. Burr, A. W, Nickerson Date of annual election oi directors Saturday, April i8, 1885 Location of general offices Pueblo, Colo. Location of general office in this State Pueblo, Colo. Name and address of person toVhom correspondence concerning this report should be directed A- A. Robinson, General Manager, Topeka, Kansas. 204 EAILKOAD commissioner's REPORT. CAPITAL STOCK. ' Amount authorized by articles of association Amount authorized by vote of the company (at stockholders' meeting. May 9, 1879) Stock subscribed by individuals or corporations in cash.... Stock issued for account of construction Stock issued to represent stock' of the Canon City and San Juan Railroad Company exchanged for stock of the Puedlo and Arkansas Valley Railroad Company Total common stock issued Amount of preferred stock -. None Amount of stock issued to build and equip the road Proportion of stock for Colorado All Amount of stock per mile of road Amount of stock representing the road in Colorado Amount of stock held in Colorado Total number of stockholders — All the capital stock is owned by the Atchison, Topeka and Santa Fe Railr^d Ccwnpany except nine shares, one share being held by each of the directors List of stockholders at last election of directors, Atchison, Topeka and Santa Fe Railroad Company Nine directors, names and addresses on page — $6 100,000 00 6 Soo 000 00 z 516 200 00 3 000,000 00 100,000 00 $S 616 200 00 $ 5,515 200 00 19 908 54 5 616 200 00 300 00 5 615,300 00 900 00 $5 616 ,200 00 BONDED DEBT. First mortgage bonds, date November i, 1875, due July i, 1905, rate of interest 7 per cent Amount of interest paid on same during the year ; interest is paid by A., T. & S. P. R. R. Co. as and for rentals....'. First mortgage bonds, date October i, 1878, due July i, 1905, rate of in- terest 7 per cent Amount of interest paid on same during the year; interest is paid by A., T. & S. F. R. R. Co. as and for rentals Second mortgage bonds, date July i, 1884, due July i, 1905, rate of in- terest 6 per cent , Amount of interest -paid on same during the year; interest is paid by A., T. & S. F. R. R. Co. as and for rentals Total bonded debt Amount of bonds issued during last year and on what account was in- _crease made? Second mortgage; to repay the Atchisorl, Topeka and Santa Fe R. R. Co. for expenditures on account of permanent improve- ments, etc. , Amount of bonded debt per mile of road $ i»633,ooo 00 $ 4)875,000 00 1,300,000 00 RAILROAD commissioner's REPORT, 205 FLOATING DEBT. Amount of debt not secured by mortgage .' Proportion of debt bonded and floating for Colorado Total amount of paid-up stock and debt (including bonded debt) Amoimt of stock and debt per mile of road Amount and full description of bonds on branch or purchased lines not covering main line : There is no separate mortgage on the road be- tween Pueblo and Rockvale ; the first mortgage covering all the main line aad the Rockvale extension are together limited to ^14,000 per mile of road constructed, and the second mortgage is limited to $15,000 per mile of road constructed. $ 79,54° 01 All 10 ,570,740 01 37,471 60 COST OF ROAD. Cost of construction in Colorado.. $ 10,150,624 41 PROPERTY ACCOUNTS. CHARGES AND CREDITS BY WHICH THE CAPITAL AND DEBT HAVE BEEN INCREASED DURING THE YEAR. AMOUNT. Grading Bridging and masonry Supers trjictu re, including rails Land, land damages and fences Passenger and freight stations, coal sheds ^nd water stations arid miscel- laneous buildings '....'. Engine houses, car sheds and turn tables. Machine shops, including machinery and tools Engineering, agencies, salaries and other expenses during construction... Total for construction $ 3S,oo8 84 93,532 26 552,623 17 68,693 42 384,986 44 20,288 91 14,869 26 16,641 34 $ 1,186,643 ^4 Note. — Of the above amount jSri8,3'8o;6o represente expenditures during the year end- ing June 30, 1885, the. balance, ;^i,o68,263.o4, represents permanent improvements during previous years not before charged to the Pueblo and Arkansas Valley Railroad Company. 206 RAILROAD COMMISSIONER'S REPORT, DESCRIPTION OF ROAD. 185.74 96-37 282,11 43.62 282 II 116.57 165.54 Length of main line from Kansas and Colorado State line to Rockvale, Colorado And La Junta, Colorado to Colorado and New Mexico State boundary.. Total length of main line Aggregate length of sidings and other track not above Aggregate length of track computed as single track, exclusive of sid^- ings Number of miles of iron rail Number of miles of steel rail [Weight per yard, steel, 52, 56, 61 lbs.] [Weight per yard, iron, 48, 52 lbs.] Gauge of track, 4 feet Z% inches. Number of miles of telegraph owned jointly with the Western Union telegraph company Grade, maximum per mile, Kansas and Colo. State line to Pueblo 42.2 feet La Junta to Colorado and New Mexico boundary, 184 8 feet. Longest maximum. Pueblo to Rockvale, 150.5, Curvature — shortest radius, 10°, 573.69 feet. Aggregate length of all radii, 57.584 miles. Aggregate length of tangents, 224.521 miles. Total miles of road operated by this Company STATIONS. Entire Line. In Colorado. Nn • of stations on all roads owned by this company of stations on all roads operated by this compayy 34 No Nn Nn of telegraph offices in stations 16 RAILROAD commissioner's REPORT. 207 EMPLOYES. Entire In Line. Colorado. Average sal- ary per an- num. Total salaries. Division and assistant superinteridents ... Road masters Clerks in all offices Master and assistant mechanics Helpers in shops '. Train dispatchers '....., Conductors...: Engineers , Firemen and wipers Brakemen Baggagemen.. ..I Flagnien, switch tenders, gate keepers and watchmen I Station agents »... Telegraph operators .i,.,. Section foremen ,v. Section laborers 17. Other employes Total number of persons regularly em- ' ployed. .... Total amount paid employes . BRIDGES IN COLORADO. AGGKEGATE LENGTH. ' Wooden truss bridges....,,.; Combination bridges ^....: Iron bridges Wooden trestle and pile , Iron trestle BOX CULVERTS IN COLORADO. Timber and stone , 3 424 3 790 feet. 88 feet. 362 feet. ' 24,411 feet, 450 feet. 208 RAILROAD COMMISSIONERS REPORT. CATTLE GUARDS. Number in Colorado No record of cattle guards. Renewal of bridges and culverts in Colorado : Only general repairs, except iron bridges as given below. Amount of timber used in renewals of wooden bridges during the year (feet B. M.) No record. Amount of trestle work replaced with earth during the year (lineal feet) None Timber culverts replaced with stone None Timber culverts replaced with sewer pipe I None Timber culverts replaced' with timber .» None BRIDGES BUILT WITHIN THE YEAR IN COLORADO. LOCATION. Between Mile Posts 640 and|64i Between Mile Posts 640 and 641 , ■Between Mile Posts 638 and 639 Between Mile Posts 600 and 601 * Between Mile Posts 617 and 1,929 . Pile. Pile. Pile Pile. Iron. MATERIAL. Wood. Wood. Wood. Wood. Iron. WHEN LENGTH BUILT. IN FEET. 1884 75 1884 30 1B84 195 1B84 30 1884 .64 * Replacing 173 feet pile bridge. Give the average number of years that trestle and pile bi^idges last on your road in Colo- rado^ ... 8 to 10 Give the average number of years that wooden truss bridges last on your road in Colorado : 10 to 12. ROAD-BED AND TRACK IN COLORADO Number of track sections 45 Average length of sections 65^ miles Average number of men in each section gang 4% Average number of ties per mile of road , , 3,000 ' Number of new ties laid in track during the year 66,472 Average number of new ties per mile of road '. 235 New rails laid in track during the year — steel — [2,004 518-2240 tons] miles 20 91 Total track laid with new rail during the year, miles 20.91 Average life of iron rails on main line About 8 years Average life of iron rails on branches No branches Average life of steel rails on main line Have not had steel in long enough to wear it out Average life of steel rails on branches , No branches Average life of ties * Pine ties about 4 years, oak ties about 8 years Average life of joint fastenings 8 to 10 years according to location Average life of frogs 8 to 10 years, according to location CROSSINGS IN COLORADO. What railroad crosses your road at grade and at what locality ; Denver and Rio Grande at Pueblo. Denver and Rio Grande at mile post 645, Denver and Rio Grande at 3.6 miles east of Trinidad. Denver and New Orleans at Pueblo. RAILROAD commissioner's REPORT, 2.09 What railroads cross your road, either over or under, and at what locality : Denver and Rio Grande, under railroad, near mile posts 635 and 652. Number of highway crossings at grade 76 Number of highway crossings at which there are flagmen 1 Number of highway crossings over railroad i Number of highway crossings under railroad None Number of highway bridges eighteen feet above track None Number of highway bridges legs than eighteen feet above track None FENCING IN COLORADO. How many miles of your road in Colorado are fenced 46 track miles What is the average cost per rod ^3.06 per track rod What is the total cost of the same, '. $ 45,176.00 How many miles of new fencing have you built during the year i^^ ROLLING STOCK. (None.) INCOME ACCOUNT. Income from coal companies $ 73,125 co SURPLUS. Surplus at the commencement of the year $ 184,821 67 Surplus at the close of the year $ 2$y,gj^6 67 GENERAL BALANCE SHEET AT THE CLOSING OF ACCOUNTS JUNE 30 1885, OF THE PUEBLO AND ARKANSAS VALLEY RAILROAD COMPANY. LIABILITIES. AMOUNT. ASSETS. AMOUNT. $ s,6i6,2oo 00 1,633.000 00 1,942,000 00 1,300,000 00 79,505 or 35 00 257,946 67 $ 10,150,624 41 678,062 27 Investment in coal properties. A.,T. &S. F. R. R.Co Coupon No. 8, first mortgage Income account Total $ 10,828,686 68 $10,826,686 68 210 EAILKOAD commissioner's REPORT. ADDITIONAL QUESTIONS. Date of original charter of the road, and that of any road coDSolidated with it, and the names of the companies : The charter of The Pueblo and Arkansas Valley Railroad Company is dated August 31, 1878, being a consolidation of the Pueblo and Arkansas Valley Railroad Company, whose charter was dated January 11, 1875, and the Caiion City and San Juan Railroad, whose charter was dated February 19, 1877. Rates and dates of all cash dividends on stock of original and consolidated companies: The only dividend declared by the Company was one of ten p£r cent,, declared February 18, 1881. Date when main line (giving termini and length) was put in operation: From Kansas State line to Pueblo about March i, 1876, 14S.72 miles ; from Kansas State line to New Mexico State line about February 10, 1879, 96.37 miles. Date of commencement of operating of each branch line, giving termini and length: From Pueblo to Rockvale, January i, 1881, 37.01 mUes. What operating arrangements have you with other railroad companie's, setting forth con- tracts for the same: The Pueblo and Arkansas Valley Railroad Company leased all its roads to the Atchison, Topeka and Santa Fe Railroad Company. The terms being that the latter Company is to receive all the earnings and to pay the interest on the bonded debt of the Pueblo and Arkansas Valley Railroad Company. .}' State of Kansas, V. eg County of Shawnee, ' A. A. Robinson, General Manager of the Pueblo and Arkansa.s Valley Railroad Company, being duly sworn, deposes and says that he has caused the foregoing state- ments to be prepared by the proper officers and agents of this Company, and having carefully examined the same declares them to be a true, full arid correct answer to each and every question therein propounded, and that the same constitutes a true statement of the condition and affairs of said company on the thirtieth day of June A. D. 1885, to the best of his knowledge and belief Signed, A. A. Robinson, [l. S.J General Manager. OF K. R. Subscribed and sworn to before me this twenty-second day of October A. D. 1885. Wm. G. Sumyser, [r,. S.J Notary Public. Received and filed in the office of the Commissioner of Railroads this twenty-sixth day of October A. D. 1885. Henry Felker, Secretary. REPORT OF THE Denver and Rio Grande Railway Co. FOR THE YEAR ENDING JUNE 3O, 1885. Officers and Offices of the Company Operating. OFFICIAL POSITION, LOCATION OF OFFICE. President Vice President Secretary Treasurer - Cashier,. General Superintendent Assistant Gen. Superintendent.. Division Superintendents Chief Engineer Superintendent of Telegraph.. Auditor General Passenger Agent Traffic Manager General Solicitor Receiver D. H. Moffatt Ad. Engler William Wagner William Wagner J. W.GiUuly R. El Ricker W. W. Borst W. W. Borst Cole Lydon George W. Cook R. M.Ridgway F. P. King R. A. Hutchinson ... E. R. Murphy S. K. Hooper A. S. Hughes E. O. Wolcott William. S. Jackson ., Denver, Colorado ..New York City, N. Y. ..New York City, N. Y. ..New York City, N, Y. Denver,. Colorado Denver, Colorado Denver, Colorado ..South Pueblo, Colorado Alamosa, Colorado Leadville, Colorado .....'. Salida, Colorado , Denver, Colorado -Denver, Colorado ■. Denverj'Colorado Denver, Colorado Denver, Colorado Denver, Colorado Denver, Colorado NAMES OF DIRECTORS. POSTOFFICE ADDRESS. I NAMES OF DIRECTORS. POSTOFFICE ADDRESS. D. H. MoflFatt Ad. Engler C. F. WoerisHoffer.. William Wagner , J. C. ReifF. Denver, (Colorado.. N. Y. City. N. Y.. N. Y. City, N. Y.. N. Y. City, N. Y.. N. Y. City, N. Y.. W. L. Scott W. S. Cheeseman.. W. S. Jackson T. H. A. Tromp... ...Erie, Pennsylvania Denver, Colorado Colorado Spr'gs, Col, The Hague, Holland 312 RAILROAD COMMISSIOlSrER's REPORT. Executive Committee— D. H. Moffatt, C. F. Woerishoffer, Ad. Engler, J. C. Reiff. Date of annual election of Directors — First Monday in April. Location of general offices — New York City. Location of general office in this State — Denver, Colorado. Name and address of person to whom correspondence concerning this report should be directed— D. H. Moffatt, President, Denver, Colorado. CAPITAL STOCK. Amount authorized by articles of association Amount authorized by vote of the company Number of shares issued — 380,000. Amount paid in Stock issued for account of construction and equipment Total common stock issued Amount of preferred stock Amount of stock issued to build and equip the road Am't of stock issued during last year and on what acc't was incr'se made Total amount paid in as per books of the company Amount of stock per mile ojT road Amount of stock held in Colorado (2735^ shares) Total number of stockholders (June 30, 1885) ^ Number of stockholders in Colorado When and to whom was the original stock owned by the company sold, and what was the cash value realized by the company for the same? Stock was issued to the several construction companies at par value for j^rt cost of construction and equipment of the road. A list of stockholders at the last election of directors, showing the name, residence and amount of stock owned by each^ must be filed herewith. $ 50 ooo,ootf 00 -38 000,000 06 38 000,000 00 3B 000,OOQ 00 38 000,000 00 None 38 000,000 00 None 38 000,000 00 28,853 45 27.375 00 I. 308 17 BONDED DEBT. First mortgage bonds, date April 13, 1871, due November 1, 1900, rate of interest, 7 per cent , Amount of interest paid on same during the year .'. First consolidated mortgage bonds, date Jan'y i, 1880, due January i, igio, rate of interest, 7 per cent Amount of interest paid on same during the year General mortgage bonds, date October 8, 1883, due October i, 1914, rate of interest, 5 per cent Amount of interest paid on same during the year Total bonded debt .'. Amount of bonds issued to build and equip ihe road Amount of bonds issued during last .year and on what account was in- crease made Amount of bonded debt per mile of road t 6,382 500 00 None 19,740,500 00 None 2,500 000 00 None $ 28,623 000 00 $ 28,623 000 00 None 21 ,733 48 RAILROAD COMMISSIOlSrER's REPORT. 213 FLOATING DEBT.' Amount of debt not secured by mortgage: Practically nothing as of June 30,1885 ' - ■-• Total amount of paid-up stock and debt Amount of stock and debt per mile of road Amount and full description of bonds on branch or purchased lines, not covering mainline Note — On June 30, 1885, there were outstanding $3,476,000 in certifi- cates of the ''Colorado Rolling Stock Trusts," repress^ting balance yet to be paid for rolling stock furnished by said Trust. $ 66,623,000 00 50,586 93 None ADDITIONAL QUESTIONS. Date of original charter of the road, and that of any road consolidated with it, and the names of the companies? Articles of incorporation of the Denver and Rio Grande Railway Company, filed in the office of the Secretary of Territory of Colorado, Octo- ber 27, 1870. ' I Rates and dates of all cash dividends on stock of original Companies? i% per cent., April II, i88r ; i^ per cent,, July ii, 1881 ; i^ per cent., October 11, 1881 ; 1^ per cent,, January 14, 1882. State of Colorado, \ County of Arapahoe, f David H. Moffat, President of the Denver and Rio Grande Railway Company, being duly sworn, deposes and says that he has caused the foregoing statements to be pre- pared by the proper officers and agents of this Company, and, having carefully examined the same, declares them to be a true, full, and correct answer to each and every ques- tion therein propounded, and that the same constitutes a true statement of the condition and affairs of said Com- pany, on the thirtieth day of June, A. D. 1885, to the best of his knowledge and belief Signed; D. H. Moffat, [l. S.J ' President. OF R. R. Subscribed and sworn to before me, this twenty-eighth day of December, A. D. 1885. W. B. Felker, Railroad Commissioner of Colorado. Received and filed in the office of the Commissioner of Railroads this twenty-eighth day of December, A. D. 1885. . Henry Felker, Secretary. REPORT "^;X7". S. «0"..A.OI^SO3Sr, I5,ecei-ver Denver and Rio Grande Railway, FOR THE YEAR ENDING JUNE 30, 1S85. Officers and Offices of the Receiver Operating. OFFICIAL POSITION. NAME. LOCATION OF OFFICE. Treasurer General Superintendent Asst, Gen. Superintendent ... Division Superintendents - I Chief Engineer Supt. of Telegraph J. W. Gilluly R. E. Ricker W. W. Borst . ist Div., W. W. Borst... 2d Div., Cole Lydon 3d Div., George W.Cook 4th Div., R. M.Ridgway.. F. P. King R. A. Hutchinson E. R. Murphy S. K. Hooper A S Hughes ■.. Denver Denver Denver Pueblo Alamosa Leadville ...: Salida Denver Denver General Passenger Agent General Freight Agent Denver E. 0. Wolcott W. S. Jacksorf RAILROAD COMMISSIONER S REPORT. 215 DESCRIPTION OF ROAD. Entire Line. Length in Colorado. Length of main line of road from Denver to Utah — Colorado line Length of double track on main line Length of three-rail track on main line BRANCHES From Colorado Springs to Manitou From Poncha to Chaffee, From Mears to Villa Grove, From Gunnison to Crested Butte From coal and quarry branches From Salida to Leadviile and branches to Silverton to ElMoro to Wagon Wheel Gap to Espanota -\ From Pueblo From Cuchara From Alamosa From Antonito Fiom Smelter Spurs ^ Total length of main line and branches.. Aggregate length oT sidings and other track not above Aggregate length of track computed as single track, exclusive of sidings, (The increase is the third rail between Denver and Pueblo^ Number of miles of iron rail Number of miles of steel rail [Weight per yard, steel, 30, 35, 40 and 45 lbs.] [Weight per_yard, iron, 30 lbs.] Gauge of track 3 ft. and 4 ft. S% in. Number of miles of telegraph owned by this company None Grade — Maximum per mile 237 ft. Longest maximum 2 8-10 miles Curvature — Shortest radius i93-3 ft- Aggregate length of all radii 377 88-100 miles Aggregate length of all tangents 938 miles Total miles of road operated by this company 460.79 1-5 121.3 144.58 460.79 1-5 121.3 144.58 1,315-88 1,160.68 166.54 156.07 1,376-33 1,221.33 234.25 150.4s 1,081.63 1,010.23 216 RAILROAD COMMISSIONER S REPORT. STATIONS. Number of stations on all roads owned' by this company Number of stations on all roads operated by this company- Number of "common points" Number of telegraph offices in stations EMPLOYES. Entire Hne. T ^ 1 I Average I ^"^^^°'°; salary perl Total salary. Division and assistant superintendents Road-masters i Clerks in all offices Master and assistant mechanics Helpers in shops.... Train dispatchers Conductors Engineers Firemen and wipers Brakemen '. Baggagemen.... Flagmen , switch-tenders, gate-keepers and watchmen ^tation agents Telegraph operators Section foremen Section laborers Other employes Total number persons regnilarly employed Total amount paid employes 244 3 711 13 91 166 223 160 37 134 91 64 225 940 1,072 4,196 $ 2,82s 27 ■$ 28,252 70 1,332 16 15,986 op 970 78 236,871 60 2,021 66 6,125 °o 7S385 535,956 75 1,368 59 17,791 66 1.159 79 105,541 45 1,352 06 224,442 40 749 37 167,111 46 73847 118,156 40 85312 31,565 68 73083 97,931 63 937 32 85,296 66 66873 42,799 16 71892 161,758 32 45991 432,316 66 53877 577,521 22 $ 2,885,424 75 EAILEOAD COMMISSIOIOIE S REPOBT. 217 BRIDGES IN COLORADO. AGGREGATE LENGTH. Wooden truss bridges Combination bridges None Iron bridges; Wooden trestle and pile _ Iron trestle Stone bridges ...". None ARCH CULVERTS AND VIADUCTS IN COLORADO. With opening twenty feet or more None Less than twenty feet opening BOX CULVERTS IN COLORADO. Timber Slone ■'. CATTLE GUARDS. Number in Colorado , No data Amount of timber used in renewals of wopden bridges during the year feet, (B. M.) No data Amount of trestle work replaced with earth during the year (lineal feet) Timber culverts replaced with stone Nofle Timber culverts replaced with sewer pipe Timber culverts replaced with timber 117 8,142 feet 1,225 feet 81,104 feet 80 feet 450 feet Give theaverage number of years the trestle and pile bridges last on your road in Colo- i^do ? Five Give the average number of years that wooden truss bridges last on your road in Colo- rado? Eight. as 218 RAILROAD commissioner's REPORT. ROAD-BED AND TRACK IN COLORADO. Number of track sections Average length of sections Average number ofjnen in each section gang / Average number of ties per mile of road Number of new ties laid in track during the year Average number of new ties per mile of road ■ New rails laid in track during the year — iron [ tons] miles New rails laid in track during the year — steel [481 4|-|^4 tons] Miles Total track laid with n6w rail during the year Miles 225 5.85-100 miles 5 3.150 363,996 276 38-100 None 9 Ml* 1320 Average life of iron rails on main line? No data. Average life of iron rails on branches? No data. Average life of steel rails on main line? No data. Average life of steel rails on branches ? No data. Average life of ties? Five to eight years, / Average life of joint fastenings'? No data. Average life of frogs ? No data. CROSSINGS IN COLORADO. What railroad crosses your road at grade and at what locality : Denver and New Orleans near mile post No. 4. Denver Circle near mile post No. 5. Atchison, Topeka and Santa Fe at Pueblo. Atchison, Topeka and Santa Fe near El Moro. Atchison, Topeka and Santa Fe near mile post No. 146.6. Denver, South Park and Pacific near Nathrop. Denver, South Park and Pacific at Gunnison City. What railroads cross your road, either over or under, and at what locality : Atchison, Topeka and Santa Fe near Swallows, overhead. Atchison, Topeka and Santa Fe near Florence, overhead. Number of highway crossings at grade Number of highway crossings over railroad Number of highway crossings under railroad. None, but some bridges are used as such. Number of highway bridges eighteen feet above track Number of highway bridges less than eighteen feet above track No data None RAILKOAD COMMISSIONER S EEPOBT. 219 FENCING IN COLORADO. How many miles of your road in Colbrado are fenced? ig.4 miles What is the average cost per rod? 77 cents What is the total cost of same? ; ../ ^4,780 16 How many miles of new fencing have you built during the year? 16.2 .ROLLING STOCK. AVERAGK LIFE IN YEAKS. Number of passenger locomotives Number of freight locomotives , Number of switch locomotives Number of passenger cars Number of baggage, mail and express cars . Number of chair cars ■ - Number of box freight' cars.. Number of stock cars Number of platform and coal cars, Number of other cars Total number of cars 58 172 9 ■ 84 2,656 443 2,541 17S 6,003 Maximum weight of locomotives and tenders Avei'age weight of locomotives and tenders Number of locomotives equipped with train brake Kind of brake Westingh'ouse air brake. Maximum weight of passenger cars Average weight of passenger cars : Number of cars equipped with air brake .' Kind of brake Westinghouse air. Number of passenger cars equipped with Miller platform and buffer The amount of tonnage that can be tarried over your road, exclusive of cars, by an engine of given weight : Weight of engine 48 tons 36 tons 239 I6H tons 12 J^ tons 6,003 187 No data 220 RAILROAD COMMISSIOlSrEB's EEPOET, MILEAGE, TRAFFIC, ETC. Miles run by passenger trains during the year.. Miles run by freight trains during the year Miles run by switching trains during the year .. Miles run by other trains during the year Total train mileage 1,151.324 1,406,395 No data No data 2,557.719 CARS AND WEIGHT OF TRAINS. Average number of cars in passenger trains Average weight of passenger trains, exclusive of passengers . Average number of cars infreighttrains Average weight of freight trains, exclusive of freight 94 tons 148^ tons PASSENGER TRAFFIC. Number of through passengers carried Number of local passengers carried Total number of passengers carried Total passenger mileage or passengers carried one mile Average distance traveled by each passenger Average amount received from each passenger Highest rate of fare per mile for any distance Lowest rate of fare per mile for any distance , Average rate of fare per mile for all passengers Average cost per mile per passenger Average cost per mile per passenger in Colorado Average rate paid per mile per passenger in Colorado. (Practically).. 36,612 ' 197,436 234,048 23,369.190 99 miles $ 4 37 10 cents I cent 4.38 cents 5.47 cents 5.47 cents 4.38 cents RAILROAD COMMISSIONERS REPORT. 221 EXCURSION TRAINS IN COLORADO. Total number of miles trains run Total number of passengers carried Total movement of passengers {carried one nllle),. Total amount of excursion earnings...-. Total expense of excursion trains, Avarage number of miles each passenger carried .. Average rate per mile per passenger No record 10,481 i,384>365 $ 27,050 25 No record 132 1.95 cents FREIGHT TRAFFIC. 107,768 Number of tons of local freight carried 895,898 Total mileage of through freight (tons carried one mile) Total mileage of local freight (tons carried one mile).... 27,340,278 108,153,146 Total freight mileage, or tons carried one mile 135,493.424 2.14 cts. 3.18 cts. 2.97 cts. 1.66 cts. Average cost per ton per mile to move local freight Percentage of freight originating at and carried to stations in Colo- rado, to total freight carried in Colorado. (This should'not in- clude fuel or any material for the use of the rcfed.) Estimated CAR MILEAGE. Number of miles run by loaded freight cars east and south Number of miles run by loaded freight cars west and north.. Number of miles run by empty freight cars east and south.... Number of miles run by empty freight cars west and north- Total freight car mileage ^ , 19,150,763 7,172,829 26,3^3,592 Percentage of empty freight cars hauled east and south to all freight cars ") I * hauled east and south I Percentage of empty freight cars hauled west and north to all freight cars [ Empty, 32 ^ ct hauled west and north j Load'd68^ct Percentage of empty freight cars hauled in Colorado to all freight cars \ I hauled in Colorado ' J | 222 RAILROAD commissioner's REPORT. SPEED OF TRAINS IN COLORADO. Rate of speed of passenger trains, including stops, miles .... 22@265^ ^ hour Rate of speed of freight trains, including stops, miles to©i5 %i hour TONNAGE OF ARTICLES TRANSPORTED IN COLORADO. PER CENT. Flour. : Animals „. Other agricultural products Iron^ lead and mineral products Lumber and forest products Coal, coke and charcoal Plaster, lime, cement, salt Petrolium and oil In merchandise. Steel and castings .......In merchandise Stone and brick ; Manufactures — articles shipped from point ot production In merchandise Merchandise and other articles not enumerated above Total toihs carried i 21,004 22,166 251,924 43*940 410,994 9,284 90,658 119,082 25 04 41 ,003,666 ANALYSIS OF EARNINGS. Earnings — Passenger — From local passengers {^738,910 30 From through passengers 271,181 77 From all passengers, including excess baggage '. 13)676 go From express and baggage From mails .- From other sources passenger department Total earnings passenger department Total passenger earnings in Colorado. Practically the same $ 1,023,768 97 272,893 08 io7»i36 59 1,290 29 $ 1,405,088 93 $ 1,405,088 93 RAILROAD COMMISSIONER S REPORO^. 223 ANALYSIS OF EARNINGS.— Continued. Earnings per train mile (1,151,324 miles) including mails and express 1 , :....... $1 22 Earnings per mile entire line (1,317 miles) Earnings per mile iii Colorado (1,317 miles) ; practically the same..., Earnings — Freight — From local... -. $ 3,442,302 26 From through 585>s64 59 From other sources freight department 25,398 09 Total earnings freight department Total freight earnings in Colorado. Practically the same Earnings per train mile (1,406,395 miles) g! ^ 88 Earnings per mile entire line (1,317 miles) Earnings per mile in Colorado (1,317 miles); practically the same... Earnings per mile in mails, express and other sources.... .$406,71 8 05 Earnings per mile in mails, express and other sources in Colorado. Practically the same Total tariff earnings for the year ending June 30, 18 Total pool earnings for the year ending . I June 30, i885| .. : June 30, 1885 J ., Note — We received on account Pools during the year net, about ^11,000 which should not be taken into transportation account. Total transportation earnings, being also traffic earnings Earnings per train mile run from all trains earning revenue (2,557,719 miles) ., )j! 2 13 Earnings per mile of road operated (1,317 miles) $4ji44 55 Rents received for use of road Rents received for use of stations, etc Car mileage (credit balance) ; it is debt balance Earnings from all o'ther sources None Total earnings from all sources 1,066 89 J, 066 89 *4 053,264 94 $,4,053,264 94 3,077 66 3'.°77 66 308 82 308 82 $ 5,458,353 87 14,600 24 12,480 66 $ 5,485,434 77 What per cent, are the earnings in Colorado of the earnings of the entire line ? Practically 100 per cent. Of the earnings of the entire line, what is the ratio of the passenger to the freight ? Ex- cluding mail, express and miscellaneous, i as to 4 . 2^4 RAILROAD COMMISSIONERS REPORT. EXPENSES OF OPERATING THE ROAD FOR THE YEAR. CLASS I— MAINTENACE OF WAY AND BUILDINGS. Repairs of road-bed and track Renewal of rails. All steel '. [Number tons laid, steel, about 315]. [Number tons laid, iron, none,] Renewal of ties [Number laid] About 283,000 Repairs of bridges, including culverts and cattle guards Repairs of fences, road crossings and signs-. Repairs of buildings, stations and water tanks Total CLASS II— MAINTENANCE OF MOTIVE POWER AND CARS. Repairs of locomotives Repairs of passenger cars Repairs of freight cars Total CLASS III— CONDUCTING TRANSPORTATION. Fuel for locomotives Water supply Oil and waste Locomotive service Passenger train service Passenger train supplies Mileage of passenger cars (debit balance) ;..... Freight train service Freight train supplies Mileage of freight cars (debit balance) Telegraph expenses (maintenance and operating) Damage and loss of freight and baggage $ 918,367 37 14,165 10 113,227 63 188,641 56 3,036,84 98,259 82 $ 1,335,698 32 i =59,318 74 66,8i2 93 141,288 78 i 467,420 45 $ 277,519 56 38,114 80 108,863 93 334,371 68 66,098 49 24,093 83 3,205 II 152,042 44 36,628 77 8,653 56 55,661 97 1,864 95 RAILROAD COMMISSIONER S REPORT. 225 EXPENSES OF OPERATING.— Continued. Damages to property and cattle Personal injuries Outside agencies and advertising Agents and station service Station supplies « All other conducting transportation expenses .. Total Salaries of general officers and clerks Leg^l expenses Insurance Stationery and printing Contingencies Taxes in Colorado... ("$226,313 16] Taxes in other States (_ Total „ , RECAPITULATION OF EXPENSES. Maintenance of way and buildings Maintenance of motive power and cars Conducting transportation , General expenses, including taxes Total operating expenses and taxes Total taxes.. Operating expenses and taxes per mile of road operated [1,317 miles] $2,919 50 Operating expenses and taxes per train mile for trains earn- ing revenue, [2,557,719 miles] 1^50 Expenses of running and management of passenger trains Expenses of running and management of passenger trains per train mile.... Expenses of running and management of freight trains Expenses of running and management of freight trains per train mile Expenses of running and management of all trains earning revenue rincluding taxes and insurance Percentage of expenses to earnings -< 1 Excluding taxes and insurance 19,485 89 7,581 04 31,713 96 230,512 58 10,694 78 225,082 41 $ 1,632^189 75 $ io6,iiB 54 19,075 79 19,588 35 12,346 98 26,237 40 226,313 16 $ 409,680 22 $ I, 335,698 32 467,420 45 1,632,189 75 409,680 22 $13,844. 988 74 $ 287,946 48 25 711,672 22 SO $fggg,6l8 70 70.10 per ct. 65,61 per ct. 226 RAILROAD COMMISSIONER S REPORT. J TJ-1 W 4 > 00 00 H '-' U o" W ffl w w 2 . a; D ►— 1 (/) (1 w l-H u Q D ;z; H w en J Pi J < ^ S w K H CT m 'Z, l-H ;', 04 ^ z Q DC <: ^ w 2 >^ z a Pi X <1 H W Z + I H O O « H o >8 ^ -? 0\ fO *o in 0\ Oi >o I 1 Jl 1 ^ in 00 •f I 1 o z n fc, S <« g 4 RAILBOAD COMMISSIONER 8^ REPORT.' 227 tr> 4 00 oo •^ o" <^ w w :z; z ^ o U ^ a: HH 1— 1 Q H ;? Z w w 1 m 1 ^ M < t/) txj Z > W Oh W X K U H O ,1 E Pi h o Z p C/1 § W LH ?; w Ph X w Q h H Z O O i-> M ro ro m ro fo Oi O 00 8 -8 S ? - * u : • -^ 3 j c 1- -1 00 , s c ^ t := 4. 3 o < in O Z O £ g < S 5. 338 BAILROAD commissioner's REPORT, GENERAL EXHIBIT. Total earnings , Total expenses, including taxes and insurance.. Net earnings $ 5,485.434 77 3,844,988 74 1,640,446 03 INCOME ACCOUNT. Income from earnings Income from other sources .?... Total income from all sources for the year.. ?5,48S,434 77 82,280 03 ^5,567,714 80 GENERAL RECAPITULATION. Total income Total operating expenses, taxes and insurance Net income above operating expenses, taxes and insurance .. Net income above , operating expenses, 'taxes, and other income charges, including betterments Gross income per train mile run (2,557,719 miles) Net income per train mile run (2,557,719 miles) $ 5,458,353 87 1,722,517 67 * $5,567,7^4 80 3,844,988 74 1,640,446 06 ^1,434,229 04 $ 2 13 6g * $1,722,517,67, this is receiver's net income exclusive of betterment expenditures and interest on bonds. GENERAL BALANCE SHEET, AT THE CLOSING OF ACCOUNTS JUNE 30, 1885, OF THE DENVER AND RIO GRANDE RAILWAY, W. S. JACKSON, Receiver. LIABILITIES. AMOUNT. ASSETS. AMOUNT. Forf^ign roads Bills payable $ 6,411 03 10,000 00 150,612 86 250,506 8g 109,526 77 10,494 93 1,020,316 92 1,434,229 °4 Agents and conductors United States government Materials-and supplies County scrip Individuals and companies... Cash D. & R.G R'y Co. liabilities paid 3 150,006 08 32,667 87 625,522 68 6,949 33 87,479 94 261,857 19 1,827,615 35 Unclaimed wages.. ..% D. & R. G assets collected.,.. Total Total $2,992,098 44 $2,992,098 44 RAILROAD commissioner's REPORT. 229 STATISTICS OF TRAFFIC IN COLORADO. Abstract of Commodities Shipped from Stations, Year endIng June 30, 1885. Agricultural products. Tons. 2 stations. Products of mines Tons. Products of forests. Toos. Live stock. Tons. Merchandise & Miscella- neous. Tons Ace uia 106 3,374 28 20 Apishapa .; Alamosa Antonito Amargo II 352 32 3t> 586 475 145 18 338 238 28 16 3? Alcalde 1,291 639 8 9 1,595 252 3 Allen's Anthracite 371 IC 20 Alder 240 43 164 104 459 Borst's jSg Butte 17 Bridge 3 4,635 44 Blodgett's 24 607 Badger Bessemer 1,302 2,352 5,839 Barnes 2,212 Bridge Transfer 5 16 37 120 55 836 Bocea Brown's Canon 18 ■ 1.839 3,458 498 969, 362 Bangs .■...., 12 230 RAILBOAD commissioner's REPORT. STATISTICS OF TRAFFIC IN COLORADO. Abstract of Commodities Received at Stations, Year Ending June 30, 1885. STATIONS . Agricultural products. Tpns. Products 6f mines. Tons. Products of forests. Tons. Live stock. Tons. Merchandise fe miscellan- eous. .Tons. Acequia Apache Apishapa '... 5 20 34 49 117 9 I zi8 , =3 Alder Creek 16 36 329 60 7 1,176 426 Alamosa 861 ' 65 20B 64 24 Amargo 66 13 =5 ■ 141 71 72 10 Alcalde 3 12 8 193 Aliens 1,961 157 =4 « Bridge 2 15 13 Bridge 3 Blackburn 6 67 30 14 4,143 Badger ^ Bessemer Barnes 75,788 550 i5 \ Baldy Bridge Transfer 8 5 ........ Big Horn Bocea 7 18 32 8 Barranca . 1 ;.. . RAILED AD COMMISSIONER S REPORT. 231 COMMODITIES SHIPPED FROM STATIONS. CONTINUED.] STATIONS. Agricultural products. Tons. ' Products of mines Tons. Products of forests. Tons. Live stock. Tons. Merchandise & miscellan- eous. Tons. 95 12 1,031 io6 287 Barretts - Bird's Eye 42 Bridgeport 60 Castle Rock ,16 222 3.017 ,20 381 25,708 65,852 2,017 8 2,228 8 40 ■ 348 Colorado Springs 109 ' 1,448 576 Cape Horn Coal Creek 80 248 439 17 59 5,566 159 Cotopaxi .■ Coal Switch Cleora 32 Christo 272 4 402 29 278 ■ 16 4,138 Cascade 42 10 Chamita ' 6s 64 Calumet 6,048 1,131 1,195 8 1,890 6 187 Chute's 346 53.957 18 40 9 I Cedar Creek 232 RAILROAD commissioner's REPORT. COMMODITIES RECEIVED AT STATIONS. (continued.) Merchandise & miscellan- eous. Tons. Agricultural Products Tons. Products of Mines. Tons. Products of Forests, Tons. Live stock. Tons. Browns' Caiion Buena Vista Barretts Bangs^ Bird's Eye Babbitts Bridgt 13 Bridge 17 Bridge 94 Bridgeport Castle Rock Colorado Springs.. Colorado- City Cape Horn Carlisle Coal Creek Canon Cotopaxi Coal Switch Cleora Cuchara Chicosa '..... Cumbres Cresco Coxo , Chama Carracas Carbon Cascade Comanche Chamita Calumet 633 ,45 3,486 3 ,=41 1.499 148 i3 16 155 14.837 i8s 7.863 103 7 7,138 16 848 673 1.037 388 16 16 69 33 9 24B 3.873 159 28 2 1,390 1,610 56 7 28 307 24 61 73 EAILEOAD COMMISSIOBTER S REPORT. 233 COMMODITIES SHIPPED FROM STATIONS. (continued.) STATIONS. Agricultural Produets. Tons. Products of mines. Tons. Products of Forests. Tons. Live stock. Tons. Merchandise & miscellan- eous. Tons. .56 Coxo 3 Carlisle Chicosa .9 3 46,815 71 285 1,516 3" I Denver Douglas 27,788 27,170 2,289 96 3.496 23 1,849 1,966 Del Norte 56 673 5 309 61 79 192 II B Durango Dillon Doyle 864 120 Delta 120 129 7 Darby 19 64 Davenport 21 Dornick 4= 4 Embudo 5 Espanola SI Escalante _ , Edgerton East River 36 Excelsior 104 Eagle Park I 136,230 100,493 1,422 10 8 3,188 El Moro 18 30 , 4,SiS 107 113 16 200 El Moro Mines Fountain Florence 920 185 Florida 17 71 59 Fremont 13 17 Frisco „ 30 234 RAILROAD commissioner's REPORT, COMMODITIES RECEIVED AT STATIONS. (continued.) STATIONS. Agricultural products. Tons. Products of mines. Tons. Products of forests. Tons. Live stock. Tons. Merchandise & miscellan- eons. Tons. Crane's Park 6 Crested Butte 783 1,000 91 10 1,167 Cebolla 17 Crystal Creek 44 648 173 Cedar Creek 29 • 17 ■ II 6,256 7,349 179,661 6,871 33.972 Devil's Hole 198 995 16 . Del Norte 298 2,287 ID 280 81 14,820 3^ 228 46 928 3.358 32 Diirango Dillon Davenport Doyle Delta Dominguez 24 329 8 148 70 458 5 . 46 96 100 ElMoro 1,049 4,533 891 100,100 1,782 966 294 5,060 7 301 122 8 6 El Mor<5 Ovens Elk Park :^spanola Eagle Park East River 336 6 24 JBAILROAD COMMI88IONEK S EKPOBT. 235 COMMODITIES SHIPPED FROM STATIONS. CONTINUED. STATIONS. \gricultural products. Tons. Products of Products of mines. forests. Tons. Tons. Live stock. Tons. Merchandise k miscellan- eous. Tons. 19 19 225 11 59 Glade 9 5 40 Goodnight 784 88 198 204 g Garland 674 16 1,654 171 18 3,928 127 Gutshall's 106 29 48 553 64 Gutchel's Garfield 9,062 S13 1,510 41 1,001 505 Gunnison 598 32 152 120 Gray's ; 5 1,9=5 34 103 203 Howard's 12 3 24 444 19 189 13 56 78 5' Home Ranch 155 8 735 1,743 40 Hecla Hayden 283 Hubbell 4 6,134 48 Homer ' 32 Ignacio '7 Juanfta 12 286 RAILKOAD COMMIBSIONEe's REPORT. COMMODITIES RECEIVED AT STATIONS. (continued.^ Merceandise & miscellan- eous. Tons. STATIONS. Agricultural products. ' Tons. Products of mines. Tons. Products of forests. Tons. Ill 24 Fairy Glen Florida ... Frisco Fruitvale 84 10 73 Goodnight Grape Creek Junction... Granite 3.506 244 324 Greenland 16 Garfield 16 Gunnison 791 2.579 61 ' 784 660 66 Husted's 8 42 8 Harp 8 8 Henry TOO 10 128 8 Live stoclc. Tons. 168 116 14 .9 29 144 9 16 73 265 9 3,243 81 95 14 1,203 281 700 25 83 17 39 I 282 5 58 RAILROAD COMMISSIOKEe's EEPORT. 237 COMMODITIES SHIPPED FROM STATIONS. (continued.) Agricultural STATIONS. products. ~ Tons. Products of mines. Tons. Products of forests. Tons. Live stock. Tons. Merchandise k miscellan- eous. Tons. Jack's Cabin 72 Keeldar 106 1,125 •60 14 98 70 4 30 Kezar 52 888 91 58 56 3 Littleton 2B2 368 Lennox 12,659 84 169 75 4 La Veta 263 176 1,118 37 La Veta Pass ; 140 La Boca 1,415 107,333 15 4S4 LeadviUe Monument 277 889 263 28 2,327 24 1,991 1,153 476 16 8 Meadows Miller's No. -^ 121 Marsh 1,289 Mule Shoe 120 57 39 1,192 406 401 98, 708 30 Malta Mitchell's Midgett's McLain's 269 28 31,640 5 Maysville 8 40 58 Monarch Mears 232 Marshall Pass 320 35 2,990 38 30 184 • Mead's Mincio 288 KA.ILROAD COMMESSIONEE's REPORT. COMMODITIES RECEIVED AT STATIONS. (continued.) Merchandise & miscellan- eous. Tons. Agricultural products. Tons. Products of mines. Tons. Products of forests. Tons. Live stock. Tons. Hecla Hayden Hubbell Hot Springs Hillesden Ignacio Juanita Jack's Cabin..., KeUey's Keeldar Kokomo Kezar Kahnah , . Littleton Larkspur...^ Lime Switch La Veta La Jara Lava... Los Pinos , Lobato La Boca Lime Spur Last Chance Mine.. Leadville Monument Manitou Meadows ' Marsh Monero . ... Malta Mitchell's 70 7 87 35 69 9 8 60 60 J,o6i 77 278 48 18 46 494 122,340 213 1,112 32 19,060 24 174 6 80 II 45 1 6 ! 28 7 97 ■9 10 238 102 32 279 58 10 8a 222 97 I •■•-• 2 22 1 2,502 13,849 8 23X 381 ■ I^ RAILROAD COMMIiSSIONER's REPORT. 239 COMMODITIES SHIPPED. FROM STATIONS. (continued) Agricultural products. Tons. Products of mines. Tons. Products , of forests. 1'ons Live stock. Tons Merchandise & miscetlan- ous. Tons. Mile Post 304... Nathrop Nada Needleton No Agua Oak Greek Ojo Osi^r Officers' Petersburg Palmer Lake... Pinon Pueblo , Placer Parma Palmilla , Pine Creek Poncha....* Parlin Pike View Parkdale Rockwood Riverside Ryan's Red Cliff. Robinson Round Hill.... Roubideau, Sedalia Mine.. Sedalia 63 =,S36 5,664 206 1. 133 362 20,389 753 28 76 39° 96 17 7.163 9.997 2,107 71 185 32 184 3.858 7r6 15 4 32,309 7 9 los 16 68 114 36 45 240 RAILROAD COMMISSIOWEe's REPORT. COMMODITIES RECEIVED AT STATIONS. CONTINUED. STATIONS. Agricultural Products. Tons. Product of Mines. Tons Product of Forests. Tons. Live Stock. Tons Merchandise & miscellan- eous. Tons. Moriarity 5 39 339 27 30 Maysville io8 76 238 i6 Mile Post 304 Montrose 1,133 8 420 2,231 626 3,299 New Orleans Crossing.. Navajoe ' 6 24 39 8 No Agua J^athrop Oak Creek 36 336 121 37 16 222 78 Ojo Osier 5 38 32 Officers Petersburg II 8 18 36 8 49 Pinon Pueblo Parkdale 12,286 8 191,247 4,762 1,023 14,681 35 33 55 28 Palmilla 7 7 66 63 Pine Creek Poncha Parlins 45 6 10 3 RAILEOAD COMMISSIONER 8 EEPOET. 241 COMMODITIES SHIPPED FROM STATIONS. ( CONTINUED, STATIONS. Agricultural products. Tons. Products of mines Tons. Products of forests. Tons. Live stock. Tons. Merchandise and miscella- neous I'ons, ^ 8 6 Soda 16 74 Salida San Carlos 352 10 16,941 41 34 668 Salt Creek 522 674 250 313 19 39 38 12S Santa Clara. South Fork San Juan Switch . 653 14,142 12 1,007 2,584 15,697 8 8 Sherlock Sargent Sapinero State Line..,-. 12 132 8 71 84 13,363 5,386 1,726 Sublette 8 n Toltec 87 26 43 51 Tres Piedres 1,294 888 26 Toll Gate Tank? Vallejo 1,660 '8 Villa -Grove 674 19,545 384 172 174 5 348 Walsen's Wigwam West Cliff 16 2,503 2,907 104 64 Wellsville Wagon Wheel Gap 53 Willow Creek Wood Spur 576 31 242 RAILROAD COMMISSIONER S REPORT. COMMODITIES RECEIVED AT STATIONS. CONTINUED. STATIONS. Agricultural Products. Tons. Products of Mines. Tons. Products of Forests. Tons. Live Stock. Tons, Merchandise & miscellan- eous. Tons. Rock wood , 20I 35 23 19 10 65 465 59 401 9 203 25 49 28s 40 7 3 1.956 19 39 23 g Red Cliff :.. 3" 54 59 8 263 Round Hill lO 20 gedalia »• 80 10 Spike Buclc Salida 1,133 667 9 ■92 894 21 170 Salt Creek Santa Clara 24 Sublette 13 1,68s =3 4 =3 I 276 375 13,839 Silverton 1,541 2.37° 879 370 Shirley 92 78 162 =59 8 22 222 8 Sapinero 46 20,524 123 Terra Cotta Toll Gate Texas Creek 23 3 Trinchera Toltec Trimbles 57 16 Tres Piedras j8 S 67 BAILROAD commissioner's REPORT, 243 COMMODITIES SHIPPED FROM STATIONS. (continued.) STATIONS. Agricultural i:'roducts. Tons. Products of mines. Tons. Products of forests. Tons. Live stock. Tons, Merchandise and miscelh- neous. Tons. Williams 189 2,350 2,642 48 Wilder's Wheeler's 10 8 160 6 Total 62,761 753.576 43,940 15,023 128,366 244 RAILROAD commissioner's REPORT. COMMODITIES RECEIVED AT STATIONS. (continued.) I Agricultural Products. Merchandise & miscellan- eous. Tons. 17 23 Twin Lakes Tennessee Pass Tank 6 Tank 7 Vallie Veta Pass Vallejo Villa Grove Widefield Wigwam West Cliff. WellsviUe '. W^lsen's Wahatoya Wagon Wheel Gap- Willow Greek Williams' Wilder's Wheeler's White's Ranch Whitewater Total 696 6 6 56 64 62,761 Products of Mines. Tons . 3,208 753,576 Products of Forests, Tons. ; Live Stock, Tons, ' 41 16 64 675 I 7 2,046 I 678 9 31 12 5 38 83 165 128,366 RAILROAD GOMMISSIONBr's REPORT, 245 BUSINESS AND RECEIPTS. Tons forwarded. ^ Tons, received. Revenue forwarded. Acequia Apishapa Apache... .i Alamosa Antonitct Amargo Arboles Animas Alcalde Americus Ames Allen's Alicante Almont Anthracite Alder Azotea Burnham Borst's Butte Bridge. 3 Beaver Blodgett's Benton Blackburn Badger Bessemer Barnes Bridge Transfer.. Big Horn Bocea Brown's Caiion.. 1 06 3,415 1,332 765 145 50 16 2 1,302 648 1,595 253 1 371 144 719 432 181 4,635 44 24 1 609 I 9,493 2,213 5 i6 39 3,608 108 344 2 2,638 S75 256 84 82 3 32 23 16 43 25 24 13 15 36 14 80,564 13 47 91 183 29 3,627 74 10,956 28 7,614 49 3.150 77 631 48 16 36 2 25 2,993 65 796 90 2,178 16 294 93 4 74 521 03 359 °o 2,427 37 774 38 286 46 10,284 71 536 45 48 00 25 1,722 07 8 33 35,533 9° 3,442 43 4 80 44 80 37 42 .9,910 05 346 RAILROAD COMMISSIONERS REPORT. BUSINESS AND RECEIPTS. (continued.) Tons forwarded . Tons received. Revenue forwarded. Buena Vista , Bangs , Bennett's Barrett's Bird's Eye Borden's Rancli .. Bridgeport Barranca Bridge 2 Blanca Baldy Babbitt's Bridge 13 Bridge 17 Bridge 94 Castle Rock Colorado Springs Colorado City Cape Horn Coal Creek Caiion Cotopaxi Coal Switch Cleora Cuchara Christo Chama Carracas Carbon Cascade Cleveland Mine.., Chamita 3.874 1,817 1,031 201 299 42 3.097 2,147 957 25,708 65,932 7,848 606 2,257 67 54 276 680 45 4,139 42 10 65 16,422 33 494 16,458 262 28 5.327 11,284 136 128 ii3 42 27 15 89 $ 17,73s, 79 2,546 70 1,339 27 . 480 23 304 83 42 ,00 30 31 664 01 3,879 63 9,856 35 2,091 94 10,547 50 163,976 56 26,283 28 2,758 22 5,467 56 227 51 351 II 430 72 10,577 93 725 33 1,099 12 60 36 10 14 1,112 38 RAILROAD COMMISSIONERS REPORT. 247 BUSINESS AND RECEIPTS. (continued,) Tons forwarded. Tons received. Revenue forwarded. Calumet Crane's P^rk... Chute's Crookton Crested Butte . Currecauti Cerro Cimarran Cedar Creek.... Colorow Coxo Carlisle , Chicosa Cumbres Cresco CeboUa Crystal Creek Crevasse Crook's Denver Douglas Del Norte Durango Dillon , Doyle Delta Dominguez Derby Davenport .... Domick,. Devil's Hole ., Embudo 7,307 1. 1 39 1,890 352 54.256 105,588 2,360 516 6,741 191 310 7 19 85 46 241 $ 15,661 84 18 1^390 01 4 2,679 15 1,476 79 3.0S1 222,326 84 17 9 48 16 66 86s 209 74 29 5 II 17 89 60 21 4 75 18 4 20 7 21 54 • 28 8 48 12 60 28 234,109 144 112 1,3" 5 1,018,865 ^5 2.173 13 4,296 27 49.515 55 1,144 34 1,289 33 2,173 55 68 72 19 28 156 32 154 °i 248 RAILROAD COMMISSIONERS REPORT. BUSINESS AND RECEIPTS. (continued.) Tons forwarded. Tons received. Revenue forwarded. Espanola Escalante Edgerton , East River Excelsior Eagle Park Echo Elk Park ElMoro El Moro Mines , El Moro Ovens.. Fountain Florence Florida Fremont Frisco Fruitvale Foster Fletcher Finch's Fairy Glen Fremont Pass. Glade Greenland Goodnight Govetown Graneros Garland Graden's Granite Gutshall's Gutchel's 36 104 1,431 139,646 100,523 6,960 108 38 84 79 19 19 225 73 40 872 410 2 861 1, 654 4,073 106 482 14 46 6 9 14 1 7 4,788 9.S93 100,424 16 278 .73 273 37 7.493 $ 754 65 10 42 5° 28 00 3=5 00 2,129 87 491,322 31 5,030 01 348 00 109 45 4,746 85 66 38- 86 70 147 90 106 00 18 83 314 33 n 48 "3 74 155 43 369 40 1,025 28 II 24 6,757 05 2,750 32 24,407 16 ij8 95 35 97 RAILEOAD COMMISSIOKEr's KEPOET. 249 BUSINESS AND RECEIPTS. tcONTINUED.) FREIGHT. Tons fnrwarrleri. Tons received Revenue forwarded . Garfield Gunnison Grand Junction Gray's Grand River Transfer.. Husted's Howard's Huerfaho Hay's Siding Henry Home Ranch Hermosa Hecla Hayden Hubbell's Hot Springs Homer Hillesden Horse Slioe Harp Ignacio Juanita Jaclc's Cabin Keeldar Kokomo Kezar Kelley's Kahnah Littleton Larkspur Lennox , Lime Switch , 9.151 2,817 2,231 40 2.053 278 24 573 40 384 8 1,029 1,747 6,182 41 74 124 1,381 240 944 744 12,828 4,722 2,378 14 281 149 133 39 9 602 25 66 2 166 6 28 25 i86 26 325 169 688 85 $ 16,775 56 18,923 26 8,424 71 14 69 61 72 5,848' 56 . 546 66 195 14 3,898 76 140 56 1.133 97 2 00 1,087 3^ 2,375 62 18,613 34 96 23 299 03 114 47 82 40 168 70 3,020 87 779 52 6,674 08 940 81 5 91 22,848 37 260 RAILROAD commissioner's REPORT. BUSINESS AND RECEIPTS. CONTINUED. FREIGHT. Tons for- warded. Tons re- ceived. Revenue, forwarded. La Veta., La Jara La Boca Lime Spur Leadville Lava ^- , Los Finos Lobato Last Chance Mine.. Monument Manitou Meadows Miller's No. 2 Marsh Mule Shoe Monero Malta Mitchell's Midgett's iHcLain's Maysville Monarch Mear's ;.... Marshall Pass Montrose Mead's Mincio Mile Post 304. 598 185 2 109,888 471 157 165,812 2,085 553 3.295 1,945 16 56 1,290 29 488 IS7 158 627 1,919 93 406 275 5 134 39 31,661 761 243 43 5 30 3,567 7,709 30 $ 1,743 66 1,162 01 74 76 1,4=4 37 597,979 75 7,476 45 4,682 13 16 54 130 18 1,690 97_ 184 19 2,418 84 461 93 2,671 79 526 01 410 80 420 68 96,295 98 266 48 79 38 37,400 27 42 00 I 62 89 79 RAILliOAD COMMISSIONER S REPORT. 251 BUSINESS AND RECEIPTS. (continued.) STATIONS. Tons Forwarded. Tons Received. Revenue, forwarded. Moriaflty Menolcen Nathrop Nada Needleton No Agua NaVajo Oak Creek .... Ojo ,.. Osier Officers ^Petersburg ... Palmer Lake Pinon Pueblo Placer Parma' Palmilla -Pine Creek ... Poncha Parlin's Pike View ... -Palmer Parkdale Rockwood.... Riverside ^.Ryan'sM Red Cliflf. Robinson .... Round Hill... Roubideau ... Rock Creek . 1,385 362 13. 944 97 IS 4 03.225 23 559 960 128 76 159 466 240 17 7,526 10,042 314 30 795 5 38 32 65 75 12 223,999 55 29 7 7 129 41 47 724 835 539 25 59 9 $ 4,872 66 176 00 6 23 4 zo 3,837 64 16 15 86 56 2,623 7^ 158 38 64 62 8 98 394,54° 20 139 °5 3j2i6 38 II 26 279 47 3,374 90 800 33 76 oB 169 50 6,707 99 628 16 21 13 15,992 51 44,324 60 679 22 9 54 252 RAILROAD COMMISSIONER S REPORT. BUSINESS AND RECEIPTS. (continued,)' FREIGHT. Tons Forwarded Tons Received. Revenue, forwarded. Sedalia Sedalia Mine Storehouse Swallows Soda Salida San Carlos Salt Creek Santa Clara South Fork San Juan Switch.. Silverton Sherlock Sargent Sapinero State Line Servilleta Sublette .. Spike Buck Summit Shirley Shawano Texas Creek , Toltec :. Trimble's Tres Piedras Tennessee Pass... Toll Gate Tank 7 Terra Cotta Trinchera Twin Lakes 1,683 2,107 14 17 1,138 16,941 876 693 289 691 '14,286 12 1,230 2,668 36,172 156 51 2.195 26 395 40 • 7 4,820 49 131 23 32 6,845 446 1,038 34,922 23 13 3 3 23 I 23 9 93 93 126 9 17 133 3 9 $ 2,*T97 S3 1,497 49 I 25 35 05 29 76 6,644 29 4,996 03 1,335 69 926 80 618 68 175 33 88,286 24 16 80 6,392 S3 21,411 66 213,046 14 12 31 29 26 90 07 8 40 469 01 653 54 3,152 80 78 20 34 37 RAILBOAD COMMISSIONEe's EEPOBT. 253 BUSINESS AND RECEIPTS. (^CONTINUED.) FKEIGHT. Tons forwarded. Tons received. Revenue forwarded. 10 28 I $ 35 16 2,8go 1,209 47 II 16,040 92 1,122 1,919 94 19.743 2,310 36,922 83 S 23 26. 40 5,926 6,067 , 27,763 91 2 35 241 78 61 39- 30 576 49 576 189 II 264 85 =.352 44 5,197 03 2,702 139 4,490 83 214 959 17 zo 1,294 04 1,003.666 1,003,666 J4,027,866 85 Tank 6 Vallejo Villa Grove ValUe Veta Pass Walsen's Wigwam West Cliff. WellsviUe Wagon Wheel Gap Willow Creek Wood Spur Williams Wilder's Wheeler's Whitewater Widefield Wahatoya White's Ranch Total 254 RAILROAD COMMISSIONER 8 REPORT. CD ^; t— 1 Q -^ W <: w w K H O P4 o 00 00 O o < . aL o O " o o H W Q o H P^ O (X, W Pi X) -n 13 : Tl ■n -a Tl -O : ^ W : o : si V o « PQ w 1^ fc^ W 1 i o . o o o n g 13 s o s 2 .S ■3 W pj ^ m 5 ^ " ^ 3 o s w 5- -- 5 s s CO 00 00 OO a 9 S ui S E (fn tii tn a a a 1) 0) 01 OJ u c/3 tfi CO [fi tn en c/i 256 RAILROAD COMMISSIONER S REPORT. Q W D g H Z O O H Q I— I < o w < H D W Pi D ^ X 13 J iS « - d ■a .S a c — ^ 2j= 3 on 9=5 = «) 3 ■- a ^ U'O l»iOUOt3UfeU«005;cn < 5>3DSSSS UUUOOOUVuuuv ooo^zzpQonop JRAILEOAD COMMISSIONERS EEPOKT. 257 * s '& ■s ^ " "^ '.S "^ o c/j W -o x^ bj} bo 2; Z; ^i :? a bq bo bD U] •is Z; ^; 2; z E M 5 ^ ^ ^ H H, H H m U TO -^ ■ =3 ^i ,& .1^ g g S S 05 03 m 03 m S J5 g ■ft) ^ "~ ■S » -a (fl H fi a n a 03 03 w fa § l-r S 5 •g E 00 CO 00 Ob 41 HH a £ .3 M S O yj RAILROAD COMMISSIONER S REPORT. 259 TABULAR STATEMENT OF ACCIDENTS. CAUSE OF ACCIDENT. Derailments Collisions Guard rails or switches... Coupling cars...; Falling from trains Getting on and off trains Miscellaneous Stealing rides While intoxicated Trespassers on track Totals SUMMARY OF ACCIDENTS FOR COLORADO. Number of persons killed during the year _ Number of persons injured during the year Number of casualties purely accidental during the entire year Number resulting from lack of caution, carelessness or misconduct Number of persons killed while intoxicated None Number of persons injtired while intoxicated Number of trespassers on track killed , Number of trespassers on track injured > Number of tramps, or others stealing rideSj killed or injured Suicides in Colorado No record of any 13 47 260 RAILROAD commissioner's REPORT. TRAIN ACCIDENTS IN COLORADO, FOR THE YEAR EMBRACED IN" THIS REPORT, Whether attended by injury to persons or not; give date and place of accident; if pas- senger or freight train ; nature and cause ; particulars and extent of injurv tr train ; num- ber killed and number injured. August 16, 1884. — Lime Rock switch near Robinson, Passenger special. Engine climbed rail, turning engine and coach over. Damage slight. September 22, 1884. — Mile 244, Freight. Train parted. ^Eleven cars, engine and two caboose cars ditched. Cars badly damaged. September 23, 1884. — Gunnison passenger. Switch misplaced. Express train No. 8 ran into string of cars on side track, knocking truck from under two freight cars. Slight damage to coupling apparatus on passenger cars. September 30, 1884. — Acequia passenger. Collision. Trains 3 and 8 due to pass Acequia, collided, owing to misunderstanding of signals. See personal injury re- port. October 16, 1884.— Mile 308. Freight, Crested Hutte branch. Train parting, train broke apart, colliding with forward portion of train, damaging three cars ; one car destroyed. November 10, 1884. — Leadville. Yard engine and cars ; carelessness ; engineer running at reckless rate of speed struck another engine, throwing engine tank off track, damaging engine badly, wrecking three cars and damaging five others, November 29, 1884. — Mile 137. Passenger. Ox caught in bridge. Struck ox, throwing engine, tender, mail and express car off track. Damage light. December 5, 1884. — Near Shawano. Freight ; crippled car; had bad order car coupled on behind caboose ; it broke away and ran down the grade, jumped track and was entirely destroyed. December 7, 1884. — Cimarron freight. Brakes failing, cars got away from train crew; struck train of cars ahead, damaging ten cars, December 25, 1884. — Burnham. Cars burned ; fire in coach; four cars A., T. & S. F, pas- senger equipment and two D. & R, G. sleepers damaged. Total loss, S9,7oo. February 12, 1885. — Near Twin Lakes. Freight train parting, rear cars collided with front portion'*of train. One car destroyed, eight cars badly wrecked. March 10, 1885. — Near Crystal Creek. Passenger; rock slide; train ran into rodk slide, damaging engine and steps of passenger cars. ftiarch 18, 1885. — Near Riverside. Freight train parting and broken wheel; six cars ditched by broken wheel, damaging three cars badly. ! RAILBOAD OOMMISSIONEk's EEPORT. 261 March 19, 1885. — Pueblo. Freight; brake beam dropped ; coming into Pueblo yard brake beam came down on car crossing over switch, throwing three cars from track, turning them over and breaking them up badly, April 3, 1885. — Between Mile 325 and 326. Passenger. Struck rock slide, damaging mail, .express and emigrant cars slightly. , April 22, 1885. — Mile Post 170. Passenger; rock on track. Struck large rock, breaking tool box entirely off express car and damaging steps of two coaches and one sleeper. May 9, 1885. — Mile 382. Passenger and hand car; collision. No. 7 ran into handcar on track while rounding sharp curve. Hand car totally destroyed. May 25, 18B5,— Colorado Springs. Freight; coupling pin flew out. Two cars ran off on down grade, both passing over the dump. One car destroyed and other badly damaged. June 28, 1885,— rNear Mile Post 173. Passenger ; train parting. Train parted and second section ran a short distance and jumped the track, ditching two coaches and one sleeper, wrecking same badly. ADDITIONAL QUESTIONS. EXPRESS COMPANIES. What express companies run on your road, and on what terms, and what conditions as to rates, etc. ; what kind of business is done by them, and do you take their freights -at the depot, or at the office of such express company ? None. SLEEPING CARS. Do sleeping, parlor or dining cars run on your road, and if so, on what terms do they run, by whom are they owned, and what charges are made in addition to regular passen- ger rates? Yes. The Pullman Car Company collects all fares for FuUman car facilities and retains this revenue. The Denver and Rio Grande Railway pays nothing for the use of these cars, except that it repairs and renews the cars, with the exception of 'the upholstering, wliich is taken care of by the P. P. C. Co, What is the total amount paid by your company to palace or sleeping-car companies, to what companies, and the amount paid to each? Please state fully the arrangement by which these cars run on your road, the terms, and who receives the earnings. Nothing paid, except as above stated. The P. P, Co. receives the earnings, Denver and Rio' Grande repairs as above, UNITED STATES MAIL. What is the compensation paid you by the United States government for the trans- portation of its mails on your road in Colorado, and on what terms of ser.vice? The compensation depends upon the number of trains run daily, and Weight of mails carried 26'i RAILROAD commissioner's REPORT. on the various routes. The amount varies on different routes, and varies on the same route at diflFerent times ; is subject to deduction and extra compensation within the dis- cretion of the United States Government. What amount have you paid for receiving and delivering mail to and from stations on your road in Colorado? $4,214,42. TELEGRAPH. How many miles of telegraph are owned by your company in Colorado ? None. What other company, if any, owns a line of telegraph on your right of way in Colorado, and how many miles do each own? The Western Union Telegraph Company, 3,986}^ , miles along the line of the Denver & Rio Grande Railway. What operating arrangements have you with other railroad companies, setting forth the contracts for the same? None, except an arrangement by which through trains of the Atchison, Topeka and Santa Fe Railroad are run to Denver and return to Pueblo, the Denver and Rio Grande Railway taking the earnings, hauling the trains and paying the Atchison, Topeka and Santa Fe Railroad car service on the passenger and freight cars used at tte regular established rates. Are the bridges and trestles provided with guard rails ? Yes. Do all bridges and trestles receive stated examinations ? Yes. How often ? Yearly. By whom? The superintendent of bridges. Average number of cars in passenger train in Colorado ? Four and two-thirds. Average number of cars in freight train in Colorado. Eighteen and three-fourths. Cost per mile of moving average passenger train? S1.17, Cost per mile of moving average freight train ? ^i .60 Cost of all snow sheds and fences? 3116,140. Cost of snow sheds and fences built during the year ? $20,925.17, Cost of repairs of snow sheds and fences during the year ? ^18,951 .76. Cost of removing snow and ice from the track during the year? $112,758.23. Aggregate yearly salary paid general officers? $47,968.44. Has your company any rule governing your conductors, engineers, trainmen and switch- men concerning the use of intoxicating liquors ? If so, what is it, and is it enforced ? ' Yes. The use of intoxicating liquors, while on duty, is strictly prohibited. What are your rules, if any, in relation to examination for color blindness of employes whose duties require that they should readily distinguish the various colprs used for signals ? None. Have you in use any cars provided with an automatic coupler ? Yes. What coal mines do you own and work, and where located ? None. What stone quarries do you own and operate, and where located? None, except those to secure stone for the use of the road. (For masonry and ballasting ) Are you in any manner interested in either coal mines or-storie quarries, other than as above . specified? No. RAILROAD commissioner's REPORT. 263 State of Colorado, County of Arapahoe, ^ " William S. Jackson, Receiver of the Denver and Rio Grande Railway, being duly sworn, deposes and says that he has caused the foregoing statements to be prepared by the proper officers and agents of the receiver, and, hav- ing carefully examined the same declares them to be a true, full and correct answer to each and evpry question therein propounded and answered, and that the same con- stitutes a true statement of the condition and affairs of said railway for the period from July 12, 1884, to the thirtieth day of June A. D. 1885, to the best of his know- ledge' and belief Signed, Wm. S. Jackson, [l. S.J Receiver D. & R. G. R'y. OF R. R. Subscribed and sworn to before me this twenty-first day of September A. D. 1885. Joel F. Vaile, [l. s.] ' Notary Public. Received and filed in the office of the Commissioner of Railroads this 'twenty-second day' of September A. D. 18,85. Henry Felker, Secretary. REPORT Denver and New Orleans Railroad Co. FOR THE YEAR ENDING JUNE 30, 1885. Officers and Offices of the Company Operating. OFFICIAL POSITION. LOCATION OF OFFICE. President Hon. John Evans Denver, Colo. •..Denver, Colo. Secretary Colo. Charles B. Kountz Cyrus W. Fisher P F Barr ..., Denver, Denver, Colo. Colo. Denver, Colo. Suf*rintendent of Telegraph- J. T. Speer „ Denver, Colo. Auditor Charles Wheeler Denver, Colo General Agent of Traffic.:. W. S. Taylor Denver, Colo. Wells, Madon & McNeal Denver, Colo. NAMES OF DIRECTORS. POSTQFFICE ADDRESS. NAMES OF DIRECTORS. POSTOFFICE ADDRESS. Hon. John Evans....'... J. Sidney Brown George Tritch William BarLh Denver, Colo Denver, Colo Denver, Colo Denver, Colo Charles B. Kountz... S. H. Elbert Cyrus W. Fisher Russell Sag6 Denver, Colo. New York N Y Date of annual election of directors Second Tuesdayin March Location of general offices Denver, Colo. Location of general office in this State Denver, Colo. Name and address of person to whom correspondence concerning this report should be directed H. A: Bagley, Chief Clerk, Denver, Colo- EAILKOAD commissioner's KEPOET. CAPITAL STOCK. 265 Amount authorized by articles of association Amount authorized by vote of the company ;...., Number of shares issued 27,409 ; amount paid in Stock subscribed by individuals or corporations in cash.. Stock issued for account of construction .; Total common stock issued Amount of stock issued to build and equip, the road 'L'otal amount paid in as per books of the company.; Amount of stock per mile of road Amount'of stock held in Colorado ., Total number of stockholders Number of stockholders in Colorado $ 15, 15, ,000,000 ,OOOjOOO ,740,900 900 ,740,000 $ 2,740,900 $^: 740,000 740,900 20,000 740,900 LIST OF STOCKHOLDERS, AT LAST ELECTION OF DIRECTORS, AND AMOUNT OWNED. BY EACH. NAME. NO. SHARES. NAME. NO. SHARES. J. Sidney Brown, trustee John Evans 27,400 -I I I I Williani Barth-,., Cyrus W. Fisher S. H. Elbert R. W. Woodbury George Tritch .! C. B. Kountz D. H.Moffat BONDED DEBT. First mortgage bonds, date October i, interest, 6 per cent 81, due October i, 1921, rate of Total bonded debt Amount of bonds issued to build and equip the road.. Amount of bonded debt per mile of road -. $ 2,469,000 $ 2,469,000 $ 2,469,000 18,000 FLOATING DEBT. Amount of debt not secured by mortgage .... Total amount of paid-up stock and debt Amount of stock and debt per mile of road.. $ 66,231 66 5,276,131 66 38,360 42 266 RAILROAD commissioner's REPORT. COST OF ROAD. Cost of right of way entire line Cost of right of way in Colorado $ 6 7,603 97 Cost of all real estate used exclusively in operating the road Cost of all real estate used exclusively in operating the road in Coforado $ 116,102 22 •"V Grading * Bridging and masonry , Superstructure, including rails Passenger and freight stations, coal sheds, water stations, section and tool houses Engine houses, car sheds and turn tables, machine shops, machinery and tools Interest paid during construction, discounts, etc Engineering, agencies, salaries, and other expenses during construction- All other items charged to construction not enumerated above Cost of construction, entire line Cost of construction in Colorado The value of all other property owned by the corporation $ 67.603 97 116,102 22 445>507 53 207.431 42 1,656,245 75 67,750 33 57,335 71 226,019 83 133,360 54 37,779 49 3,015,136 79 3,015,136 79 4,500 00 COST OF EQUIPMENT. Locomotives. First-class passenger cars Second-class passenger cars Express, mail and baggage cars Box cars Stock cars Coal cars Flat cars Hand and push cars , Other cars for freight purposes Miscellaneous cars Snow plows Total cost of equipment Average cost of equipment per mile of road operated Proportion of cost of road and equipment for Colorado Average cost of road and equipment per mile in Colorado . $ 98,5=9 39 11,284 30 9,524 25 8,009 32 36,302 06 7.543 70 45,913 43 39,771 10 S.7" 65 2,296 45 ^3,419 76 1,126 49 f 269,431 90 $ 1,958 92 3,284,368 69 23,880 65 RAILEOAD COMMISSIONERS REPORT. 267 PROPERTY ACCOUNTS. Charges and credits by which the capital and debt have been increased during the year. Property iold (or reduced in vahiation on the books) and credited property accounts dur- , ing'the year (specifying same.) Fence posts i 44 S° DESCRIPTION OF ROAD. Length of mainline of road from Denver to Pueblo Length of three-rail track on main line Branches— From Manitou Junction to Colorado Springs .From Franceville Junction to Franceville Total length of main line and branches Aggregate length of siding and other track not above Number of miles of iron rail Number of miles of steel rail [Weight per yard, steel, 50 pounds] [Weight per yard, iron, 48 pounds] Gauge of track, 4 feet 8J.^ inches. Number of miles of telegraph owned by this company Grade — Maximum per mile, 105.6 feet. Longest maximum, 34,100 feet. Curvature — Shortest radius, 955.4 feet. Total miles of road operated by this company, including Entire Line. Length in Colorado. 124.371 ■124 371 •5 5 g.140 9.140 4.030 4.030 137-541 137-541 7.404 7,404 4 780 4.780 132.761 132.761 137- 137- STATIONS. Entire Line. No. of stations on all roads owned by this company .... No. of stations on all roads operated by this company . No. of " common points " No. of telegraph offices in stations In Colorado, 268 RAILROAD COMMISSIONER S REPORT. EMPLOYES. Entire In Colo- line, rado. Average , salary per Total salaries. Road Masters Clerks in all offices' Master and Assistant Mechanics.. Helpers in shops .... Train Dispatchers Conductors Engineers Firemen and Wipers Brakemen Baggagemen Station Agents (who are also telegraph oper- ators) Section Foremen Section Laborers Other employes Total number persons regularly employed.. Total amount paid employes I I 6 6 8 8 3 3 I I 3 3 ♦ ♦ 6 6 5 I 1 8 8 3 3 ■ 15 15 14 14 78 78 $1,500 00 850 04 1,040 00 600 00 1,500 00 1,200 00 1,386 oa 702 00 780 00 480 GO 847 50 840 00 468 00 765 50 1 $ 1,500 00 5,100 24 8,320 00 1,800 00 1,500 00 3,600 00 5,544 00 4,212 00 3, goo 00 480 00 6,780 00 2,520 00 7,020 00 10,717 01 $ 62,993 25 BRIDGES IN COLORADO. Wooden truss bridges. Wooden trestle and pile BOX CULVERTS IN COLORADO. Timber CATTLE GUARDS. Number in Colorado Renewal of bridges and culverts in Colorado Amount of timber used in renewal of wooden bridges during the year (feet B. M.) -•. AGGREGATE LENGTH . 184 feet 100,000 feet Give the average number of years the trestle and pile") bridges last on your road | Not yet old enough to ascertain. Give the average number of years the wooden truss 1 bi'idges last on your road J Renewals account of fire aiid flood. RAILROAD commissioner's REPORT. 269 ROAD-BED AND TRACK IN COLORADO. Number of track sections...., 19 Average length of sections .- i% miles Average number of men in each section gang Three floating gangs of five men each Average number of ties per mile of road 2,600 Number of new ties laid in track during the year :..a -■ 10,000 Average number of new ties per mile of road (scattered) 73 New rails laid in track during the year, iron ( tons) miles None New rails laid in track during the year, steel ( tons) miles None Average life of iron rails on main line?.; Road not old enough to get average Average life of iron rails on branches? Road not old enough to get average Average life of steel rails on main line? 1 Road not «ld enough to get average Average life of steel rails on branches? , Road not old enough to get average Average life of ties? White pine, 2 years ; spruce and hard pine still good Average life of joint fastenings? Fisher joints ; no signs of wear or break Average life of frogs? Still good CROSSINGS IN COLORADO. What railroad crosses your road afgrade and at what locality : Denver, South Park and Pacific at Denver. Denvfiy: & Rio Grande at Denver. Denver Circle at Denver. Atchison, Topeka and Santa Fe at Pueblo. What railroads cross your road, either over or under, and at what locality? None Number of highway crossings at grade 104 Number of highway crossings at which there are flagmen 2 Number of highway crossings over railroad None Number of highway crossings under railroad None Number of highway bridges eighteen feet above track None Number of highway bridges less than eighteen feet above track None FENCING IN COLORADO. How many miles of your road in Colorado are fenced 10 What is the average cost per rod t. g i 00 What is the total cost of the same g 3,200 00 How many miles of new fencing have you built during the year 5 270 RAILROAD COMMISSIONER S REPORT. ROLLING STOCK. AVERAGE HFH IN YEARS. Number of passenger locomotives Number of freight locomotives Number of passenger cars ',.., Number of baggage, mail and express cars.. Number of box freight *cars Number of stock cars "Number of platform and coal cars Number of other cars Total number of cars 4 4 4 4 2 2 6o 60 14 14 175 175 1 55 55 310 310 Maximum weight of locomotives and tenders Average weight of locomotives and tenders Number of locomotives equipped with train brake Maximum weight of passenger cars 1 Average weight of passenger cars Number of cars equipped with steam brake Kind of brake Westinghouse automatic Number of passenger cars equipped with Miller platform and buffer ;... The amount of tonnage that can be carried over your road, exclusive of cars, by an engine 'of given weight: Weight of engine, 45 tons; tons, 200. 45 tons A.o% tons 4 12, tons 12 tons 6 MILEAGE, TRAFFIC, ETC. Miles run by passenger trains during the year.. Miles run by freight trains during the year Miles run by switching trains during the year... Miles run by other trains during the year Total train mileage 114,580 60,492 36,500 2,250 213,822 RAILBOAD COMMISSIONERS EBPOET. 271 CARS AND WEIGHT OF TRAINS. Average number of cars in passenger trains.!^. Average weight of passenger trains, exclusive of passengers,. Average number of cars in freight trains Average weight of freight trains, exclusive of freight ■j6)^ tons 126 tons PASSENGER TRAFFIC. Number of through passengers carried Number of local passengers carried Number of passengers carried east and south Number of passengers carried west and north Total number of passengers carried .,'. Total passenger mileage, orpassengers carried one mile Average distance traveled by each passenger Average amount received from each passenger Highest rate of fare per mile for any distance ., Lowest rate of fare per mile for any distance (Sunday excursion) . Average rate of fare per mile for all passengers Average rate paid per mile per passenger in Colorado 483 28,130 14.279 14,334 28,613 1,512,998 52,88 miles $. 1.0163 85^ cents I.I cents .0192 cents .0192 cents EXCURSION TRAINS IN COLORADO. Total number of miles run Total'number of passengers cari^d Total movement of passengers (carried one mile).. Total amount of excursion earnings.... , Total expense of excursion trains , Average number of miles each passenger carried... Average rate per mile per passenger 3,1^2 9,855 187,420 $ 4,373 IS 3 2,860 00 28 2>^CtS. 272 RAILROAD COMMISSIONER 8 REPORT. FREIGHT TRAFFIC. 282 69,269 Total tons of freight carried 69.551 Total mileage of through freight (tons carried one mile) Total mileage of local freight (tons carried one mile) 19,202 5,505,322 Total freight mileage, or tons carried one mile 5,524.524 ij^ cents ij^ cents Percentage of freight originating at and carried to stations in total freight carried in Colorado. (This should.not include material for the use o£ the road) Colorado to fuel nor any All CAR MILEAGE. Number of miles run by loaded freight cars east and south- Number of miles run by loaded freight cars west and north- Number of miles run by empty freight cars east and south .. Number of miles run by empty freight cars west and north- Total freight car mileage , Per centage of empty freight cars hauled east and south to all freight cars "hauled east and south , Percentage of empty freight cars hauled west and north to all freight qars hauled west and nortla Percentage of emptiy freight car's hauled in Colorado to all freight cars hauled in Colorado 6,049 36,294 16,034 2,115 60,492 72.6 per cent 5.5 percent 30 per cent SPEED OF TRAINS IN COLORADO. Rate of speed of passenger trains, including stops, miles.. Rate of speed of freight trains, including stops, miles 30 per "hour 15 per hour EAILROAD OOMMISSIONEE S EEPORT. 273 TONNAGE OF ARTICLES TRANSPORTED. PER CENT. Grain Flour Animals Other agricultural products Iron, lead and mineral products Lumber and forest products Coal Salt ^ Stone and brick , Merchandise and other articles not enumerated above.. Total tons carried 834 990 1,313 956 845 7.°05 52,698 47 108 4.7S5 69.551 TONNAGE OF ARTICLES TRANSPORTED IN COLORADO. , PER CENT. Grain Flour Animals Other agricultural products Iron, lead and mineral products Lumber and forest products Coal , Salt .; Stone and brick Merchandise and other articles not enumerated above,. Total tons carried 834 990 1.313 956 845 7,005 52,698 47 108 4,755 69.551 33 274 RAILROAD commissioner's REPORT. ANALYSIS OF EARNINGS. Earnings —From all pa.ssengers. From express and baggage .-.. From mails From other sources passenger departpient Total earnings passenger department ■ . Total passenger earnings in Colorado Earnings per train mile (_ii4,58o miles) {$o 36] Earnings per mile entire line $302 10 Earnings per mile in Colorado 302 10 Earnings — Freight — From local [$74,797 81]' From other sources freight department ..[ 326 00] Total earnings freight department Total freight earnings in Colorado Earnings per train njile (60,492 miles) [$i 24+] Earnings per mile entire line ^546 ig Earnings per mile in Qoloratio 546 19 Total transportation earnings Earnings pfir train mile run^from all trains earning revenue (175,072 miles) 1 $0,666+ Earnings per mile of road operated (137.541 miles) $848 29+ Car mileage (credit balance) Earnings from all other sources. .' Telegraph earnings [$349 4^1 Total earnings from all sources Proportion of earnings for Colorado 29,079 70 -3,646 69 8,816 97 8 00 $ 41.551 36 $ 41,551 36 $ 75,123 81 $ _75,ji23_8i $ 116,675 17 $ II 17 3*569 80 120,256 14 $ 120,256 14 What per cent are the earnings in Colorado of the earnings of the entire line?. ..100 per cent. Of the earnings of entire line, what is the ratio of the passenger to thefreight?.,356 as to 644. RAILROAD COMMISSIONER S REPORT. 273 EXPENSES OF OPERATING THE ROAD FOR THE YEAR. CLASS I— MAINTENANCE OF WAY AND BUILDINGS. Repairs of road-bed and track Renewal of rails Renewal of ties , Repairs of bridges, includilig culverts and cattle guards Repairs of fences, road crossings and signs * Repairs of buildings, stations and water tanks Total CLASS II.— MAINTENANCE OF MOTIVE POWER AND CARS. Repairs of locomotives Repairs of passenger cars . Repairs of freight cars Total CLASS III— CONDUCTING TRANSPORTATION. Fuel for locomotives Water supply , Oil and waste * Locomotive service .' Passenger train seivice \ Passenger train supplies Mileage of passenger cars (debit balance) Freight train service Freight train supplies Mileage of freight cars (debit balance) Telegraph expenses (maintenance and operating) Damage and loss of freight and baggage Damages to property and cattle ... Personal injuries y Agents and station service Depot privileges (Union Depot, Denver) Station supplies Total $ 9,6oS 13 45! 13 141 03 5,771 24 235 90 791 84 $ 16,587 27 \ $ 12,271 19 2,310 16 / 3.324 6s $ -8,356 00 $ "8,375 13 3,276 41 962 25 12,282 09 4,088 64 163 12 39 06 9,568 59 148 04 11 05 52 26 216 74 1,696 93 364 27 8,165 77 4.250 00 364 75 S 64,025 10 276 RAILROAD COMMISSIONER S REPORT. EXPENSES OF OPERATING THE ROAD. (continued.) GENERAL EXPENSES AND TAXES. Salaries of general offigers and clerks Legal expenses Insurance Stationery and printing Outside agencies and advertising Contingencies United States mail transfers Taxes in Colorado jS 19,661 37 Total taxes Total $ 15,384 56 469 75 677 70 1,609 °7 352 20 3,554 24 620 00 19,661 37 $ 42,328 89 RECAPITULATION OF EXPENSES. Maintenance of way and buildings Maintenance of motive power and cars Conducting transportation General expenses including taxes Total operating expenses and taxes - Operating expenses and taxes per mile of road operated [137.541 miles] $ 1,027 31' Operating expenses and taxes per train mile for trains earn- ing revenue [175.072 miles] $ 0.807+ Proportion of operating expenses and taxes for Colorado All Expenses of running and management of passenger trains Expenses of running and management of passenger trains per train mile... Expenses of running and management of freight trains Expenses of running and management of freight trains per train mile Expenses of running and management of all trains earning revenue Percentage of expenses to earnings 117+ $ 16,587 27 18,356 00 64,025 10 42,328 89 $ 141,297 26 $ 79,060 20 69 62,237 06 1.028 141,297 26 RAILROAD COMMISSIONEE S EEPOET. 277 J 1 H 4 > 00 00 H '-' U ^ in o en Q. m w Id z a D 1 — 1 m (T w 1— 1 Q D iz, W w en J P^ J < <: W >H s w [I. (^5 m ^ HH ^, e^ D 2 Q tf < ^J M O ;? >^ g i-l ^ LC <: h w !i S il i i : + + 1 + 1 + 1+ s II : 00 ^ H Ci vo s, : : " M o " tn 3 i : g -3- >§• S ■^ -g- 1 : : CO ir ■*■ 00 ^, en ■<• S : : °° m o> "- « . < : M. . H a : K ■ II o o « ^ "^ r^. « 1 1 s ^ CO (V P vo CO tn *£ • ■* in m N vo f* 1 N c r^ t^ vo vo m o ro f ;t •" 1 t s i 1 m' f CA vo ■H Q t 1 1 1 1 1 ^ II + 1 1 1 1 1 1 1 1 ^ Th Tl h r- » m OO m fo * 1 IN « g » a, '-' Wt 1 VO r f OC 1 VO c ^ C Tl- t-. DO M « "^ 'O c fl CC lO f ■< CO CT, VC o ^ - C3V Ov ^ ,n ^ 1 ^D >- h ro % h oi ov -tr 0\ H 1 h in ^ ir VC C O h CO ro \o « T fO c Oj cr, " 1 Ov OC T '-'^ O M ►■ a di ' 9. w. 1 1 , < H O t 1 0\ »i T H r, CTs Ov 00 f ■+ ■* tn ^ 3 M J. 1 ■< C7. VC f- -d- m « 00 c ^ Oi Ov « 3 M c ^ f ■^ ■* 1- CO ™ m ■* QC - O O M f VO vc vc N »■ ro CO c ■< 3^0^C^Tht^0\iO-i-0 roO 1- ■n fo c • « C e) « fn to ro n T in in M In « ft «ft p>< :: 00 c o J- m OC \D woo vo P 00 00 Js 0\ C 3v h vo f ■) t^ oo t^ vo c. * -* i ' ^ •* c c ^ VC 0\ 0\ " -1 a o t- - 00 00 Q ^ ■■ > -* ( CTi ov m vo P y^ o^ a I J, H P - 0> - 00. u -1 vo T CC . « « 1 t m" ro iri vd t^ \0 T vo vo -^ c M d m vo vo 1 OS * ft h ■w- c •o cd ui ^ £ »- cT 3 5 •'S CO ^ o c s : o ■3 •1 i \ i r| 1 I. ■1 n t s 1 '1 1 ,1 1 " i 1 ■» i I 4 278 RAILROAD OOMMISSIONEr's REPORT. I 00 oo w ^; o I— I Q W < w E H O h— 1 P^ D Q CO 2- I— I Pd + I X a H u O M H o -H + + + + + + + !• + + + + u^ 'O rry CO CO 00 X ■w. + I + + I I I I + + nn m rr, n "^ CTi ■■I- lO f- D t-* R CO in ^R o\ \o o o O. 11 g~ ^ .n o o\ o 00 in H M Oi ^^ Q- tfa. s e .^ < o ^ a t^ s < s RAILROAD COMMISSIONERS REPORT. 279 1-n 4 00 00 " o~ m w w z 2 1 — . o W g IE 1— 1 t-H Q H g Z W W CO 1 in p:; m < V) w z >H w a w X ffi H H O ,1 '^ X Ci4 h ;d 2 Q f/) S w , c/1 ;z; w PL, X w «2 + + + + + + + s 1 00 Ti H o 2 o g VO W H g c» fC CO « vo VO o\ C^ 00 •- '£ in o. Ti- vo O ^ 0\ ov 1- M M t-* - ■ ko" O 1 00 t- M « 1 1/ 1 m ui 00 ON ■* l^ VD o\ « n p o vo •^ 0\ " K vo o\ 1/ ■) -1- vo t^ t^ 1 J VC VO irj ro IN^ P in CO vo 00 1 m <: c ft c- s tC oo" o" 6i di C ■* OS H CO M *^ ' M « J. «% f ^ c-. in en "* o o\ in T»- N m c- c h rO Oi O »■ T O 1 -J J c T^ t^ 0\ en y- t^ « o O 00 0\ ov •< w m c- -■*■ in in in r^ « c 1 in K _^ Ov Oj ■* >- ; 00 ■< ; O; q; w m" n" I- ol C)\ g « N 1 M %« 3. 1 ■w. U 1 C -■ O O ■* vc s c*. C in m r. ■) o vl ) ^ t^ N t^ O O t- 1^ vo - M 5 M « o- P. Th c 00 • m p) Os 0\ 1 - *■ n t^ H^ \q^ o< 3 00 c VO_^ -^ c ; !>; tC e *" . ^ «" cT cT m' « (M «" « " ol Ov H 01 N 5 « 9. .1 < g § 0\ ■* On CO -* m 00 IN O 0\ 0\ P»' 1^ vo P- O Oi vc y S U o t-' o> o o c \ ■* ^ ' D ■. *• ■ M ^ H I n t^ 00 OC o: T fO M 3 fO m t-- & VC VO a 3 o\ ov ro o « w qv ■* vo_^ oc 1/ 2 c . q. ■^ rn en ^ in xn vi T? "*^ tP ■*. -a F V£ vo" Q >: T in gs * Q. ^ 1 U < OS H ; : d -d rt hi ^ cri 'o £ 00 00 ; z 00 00 ; v2 o a s - .2 ti .lip 1 : i 1 1^ 1 < > ■ ^ 1 1 1 280 RAILROAD commissioner's REPORT. 00 00 o ro w ^; D l-H O w CO w >H w X H O :? 1—1 Pi Q en W en w Ph X o> -l- + 00 00 CO ■* vo (-» -d- O oc ■^ o (* ■* in « H « ■* « M o M H h (A O Tj o t^ ^ -*■ in in -* o t-. t^ 1^* ^ l-T n ■* CJi Ov H ^* vD Tt- e m ff t> tv. s vo tj- i> VO_^ fl" "5 ■ „■ ^^ •ti u «A 1 s w. K VO U:3 00 ^* N ~^ VO ^ ^ ^ M ^ tn en < < ^ VD CM 00 Ol CO Tl- (N vo [^ CO j t> r^ t^ H m vo vo t^ 1 vo N Pv O Ov N u g t^ N m f^ oi 00 t-^ M VO W ■vj- O « «, CO in OS f^ M tN. t^ fO N vo OC oo_^ «' N VO « s g *9. 1 1 1 1 + 1 ■* O Ov CO CO M ^ ■> C P . . 1 v£5 c O vo DO oo « 00 oo O t-^ 0\ N in o a o CO (N M N ir m J C3\ CO 0\ t^ M N o ro a O r- fO en 1 1" " VC 0\ N q_ Ov CO VO CO Ov -^ vo H ' g ' C c c 6\ \o 0\ t- t^ l^ 00 c *-< M t; « H «9. tA ^ ) N CJ ■* \o 0\ o V£ (^ O « . 1 Dd in ir 00 c^ -^ t^ (N ■> in in 1 H U t-^ o\ VD cj\ m vD OS "(N N CO 8 s t- r^ 1 1 CO PI >J3 Q i>< 00 t^ f ■) c VO vo r^ \0 0« t^ t>; q; Tj- vo _. t: ^ in u >c as lO IH « p «' , P W. :^s 1 < ' t-- in o ^^ in rh 0\ 00 \c vo ■* vc t^ !>. 1 (n -!(- o\ ■<»■ VC 00 CT. M I^. c m P- VO (N M T ro O C •) vo CO H H c CO fo 1 M • -* m ^o ; g; CO CO TOW a t^ tN, [^ 1-1 c C^ If Ol ON 1 z 1 "^ --f rf 1 'I? H M. W » -s- ■+ 1 M . CO CO 1 (/I • S w. 1 h rn P 0\ 00 N -* in o\ p c \o vc 00 vn f 1 m t^ 00 I , M 00 r 0\ m H CFl H O n H CO 00 H (V in m 1 W V 1 CO o\ W r* vo t^ P « O l>- C -4- Ov VO in ^ T)- m m vc r> ■*■*■* li M vo VO K 1A £ «■ / C > -o d ^ o , t/i "o a ^ i in .O CO •. ■«f r>. ■* VO so t^ ■* o\ VO hJ P «3 M 00 c^ ■^ ^3 ■* fO 00 VO ?! 5 q^ m ro Tf 00 'J- t^ N H W cT O > VO H H ■w. m o lO ^ in O in in in s in M CO CO m m m 00 00 ro in tN B ^ t^ ■■ qj > -"l- ■. fn \o d 00 ' 00 m ^* ON fO (M o H ■^ ■* 0 in ■^ \o « in t^ „ \o ■* « m o O 0\ *- fO ■* CO ■*■ ■> m in o m ■* »o ro ^0 M "O 00 N \Q t> en o in vo tn o vo in M ■<(■ M oT co" M 8 1 g g D 2 o r^ M \D mo t^ M o; ■CO lO_^ co" ^ 8, ^ ff ^ S- .S' *o i. K o 3 a § s >o i 'SO, 01 in in N 00 Th 1- m -"i- in in ^ Q W yi 9 CO « ■* CO 00 -i- !- m 4 1 1 c i c 2 t c 1 1 BAILROAD COMMISSIOKER S BEPORT. 287 REPORT OF ACCIDENTS FOR COLORADO DURING THE YEAR ENDING JUNE 30, 1885. KILLED. ,, , r\ .' -Di Cause of Acci- Character .of DATE. Name and Occupation. Place. ^^^^. iniuiy Dec. 25,1884 Daniel Kelly, laborer... Lack of caution, Run ov«r by engine Killed ; inquest ; company not re- sponsible. INJURED. N0V.24, 1884 C. E. Nichols, engineer. Nov. 24, 1884 F. Hodges, fireman Jan. I, 1885'j. S. Potter, conductor- Apr. 22, 1885 J. S. Potter> conductor.. Colo. Springs. Colo. Springs. Parker Franceville Jc, Struck a cow . Struck a cow ., Wheel broke... Broke in two . ..Scalded ..Scalded Back injured by fall- ing off car. Caught between cars TABULAR STATEMENT OF ACCIDENTS. KILLED. INJURED. Passen- gers. Employes. Others. Passen- gers. Employes Others. ^ 1 _______ 1 2 I I I Total I 4 SUMMARY OF ACCIDENTS FOR COLORADO. Number of persons killed during the year . Number of persons injured during the year. Number resulting from lack of caution, carelessness or misconduct.. 288 RAILROAD COMMISSIOJSrER's REPORT. TRAIN ACCIDENTS IN COLORADO, FOR THE YEAR EMBRACED IN THIS REPORT. September i6. — Freight train. Train ran away down Parker's hill ; engine stripped and cab knocked off ; four cars with broken drawheads ; two cars derailed by draw- hends falling on track ; no persons injured. November 24, — Passenger train. Struck cow, three miles from Colorado Springs; engine' turned over and one pair of wheels of baggage car off; machinery of engine and the cab badly broken ; engineer and fireman scalded severely, January I — Freight train. Broke wheel under caboose ; conductor fell off and bruised , in back. April 22. — Freight train. Broke in two at Franceville Junction ; rear colliding with front portion ; caught conductor between cars ; conductor squeezed severely, but not seriously injured. ' ADDITIONAL QUESTIONS. EXPRESS COMPANIES. What express companies run on your road,and on what terms, and what condition as to rates, etc ; what kind of business is done by them, and do you take their freights at the depot or at the office of such express company ? The Pacific Express Company It pays'* to the railroad company 40 percent, of its gross earnings from traffic over this road as compensation for its transportation. It does a regular express business and their freights are taken at the depot. UNITED STATES MAIL. What IS the compensation paid you by the United States government for the transportation of its mails on your road in Colorado, and on what terms of service ? Route No. 38,023, between Denver and Pueblo, D.ecember i, 1882, to June 30, 1886, at $8,186.18 per annum ; that is, $64.98 per mile for 125 98-100 miles. Route No. 38,025, between Man- itou Junction and Colorado Springs, January i ,1883, to June 30, 1886, at J412.11 per annum ; that is, $42.75 per mile for 9 64-100 miles. What amount have you paid for receiving and delivering mail to and from stations on your road in Colorado ? $620. TELEGRAPH. How many miles of telegraph are owned by your company in Colorado? 137 miles. What other company, if any, owns a line of telegraph on your right of way in Colorado, and how many miles do each own? None. RAILROAD commissioner's REPORT. 289 Date of original charter of the road, and that of any road consolidated with it, and the names of the companies ? Denver and New Orleans Railroad Company, January 25, 1881. Date when main line (giving termini and length) was put in operation? Denver and Puehlo, 124.371 miles, May 3, 1882. Date of commencement of operating of each branch line, giving termini and length ? France- ville Branch— Franceville junction and Fran cevi He— 4.03 miles, May 3, 1882. Manitou Branch — Manitou Junction and Colorado Springs— 9.14 miles, January i, 1883. Are the bridges and trestles provided with guard rails? Yes. Do all bridges and trestles receive stated examinations ? Yes. How often ? Once a month. By whom? H. S. Goodwin, roadmaster and superintendent of bridges and buildings. Average number of cars in passenger train in Colorado ? 3. Average number of cars in freight train in Colorado? 14. Cost per mile of moving average passenger train? 69 cents. Cost per mile of moving average freight trains ? $1 .0284-- Cost of all snow sheds and fences? ;i!io,353.67. Cost of removing snow and ice from the track during the year? $16.20. Aggregate yearly salary,paid general officers ? $6,000. Has your company any rule governing your conductors, engineers, trainmen and switchmen concerning the use of intoxicating liquors ; if so, what is it, and is it enforced ? Yes the use of intoxicating liquors by employes is strictly forbidden. What are your rules, if any, in relation to. examination for color blindness 'of employes whose duties require that they should readily distinguish the various colors used for sig- nals ? No formulated rules for this service ; examinations made by train master. How often ? When deemed necessary. Have you in use any cars provided with an automatic coupler ? Yes. Has your company in contemplation the adoption of any kinji of automatic coupler? Yes. What coal mines do you own and work, and where located ? Franceville colliery, at France- ville, Colorado ; worked, not owned. Are you in any manner interested in either coal mines or stone quarries, other than as above specified ? No. State of Colorado, County of Arapahoe |-ss. John Evans, President of the Denver and New Orleans Railroad Company, being duly sworn, deposes and says that he has caused the foregoing statement to be prepared by the proper officers and agents of this company, and, having carefully examined the same, declares them to be a 290 RAILROAD commissioner's REPORT. true, full and correct answer to each and every question therein propounded, and that the same constitutes a true statement of the condition and affairs of said company on the thirtieth day of June, A. D. 1885, to the best of his knowledge and belief Signed, John Evans, [l. S.J President. OF R. R. Subscribed and sworn to before me, this ninth day of September, A. D. 1885. Wm. p. Gray, [l. S.J Notary Public. Received and filed in the office of the Commissioner of Railroads, this ninth day of September, A. D. 1885. Henry Felker, Secretary. REPORT OF THE Denver, Utah & Pacific Railroad Company. FOR THE YEAR ENDING JUNE 3O, l88i;- Officers and Offices of the Company Operating. OFFICIAL POSITION. NAME. 'location of office. George M Miller Henry R. Wolcott 29 Wall St., N. Y. City Vide- President Secretary 29 Wall St., N. Y. City 29 Wall St., N. Y. City 29 Wall St., N. Y. City Wm! A. Street L. M. Fonts E R Standish General Superintendent Denver, Colo. Denver, Colo. E. 0. Wolcott NAMES OF DIRECTORS. POSTOFFICE ADDRJSSS. NAMES OF DIRECTORS. POSTOFFICE ADDRESS. George M. Miller New York City James H. Smith New York City Henry R'. Wolcott.... Denver, Colo Francis A. White New York City David S. Babcock New York Criy Samuel Thomas New York City Wm, A. Street New York City Calvin S. Brice New York City Henry Amy ^ New York City Frederick' 0. Prince. Boston, Mass. George H. Lincoln New York City Saml. A. B. Abbott.. Boston, Mass. Executive committee None Date of annual election of directors Immediately after annual stockholders' meeting, which is ihe last Monday in April. Location of general offices 29 Wall Street, New York City Location of general office in this State Denver, Colo. Name and address of person to whom correspondence concprning this report should be directed E. R. Standish, Auditor, Denver, Colo. 292 RAILROAD COMMISSIONER S REPORT. CAPITAL STOCK. Amount authorized by articles of association Amount authorized by vote of the company ^20,000 per mile Stock issued for account of construction Stock issued to represent purchased lines (by consolidation) Total common stock issued Amount of stock issued to build and equip the road Amount of stock issued during last year, and on what account was increase made? % On consolidation with Colorado Northern Railway Company ^229,000 was issued to pay for its road and equipment, and 25458,000 to take place of $458,000 of stock issued by the old Denver, Utah and Pacific Railroad Company, the consolidated company being named " The Denver, Utah & Pacific RailroadCorapany. ' Proportion of stock for Colorado Amount of stock per inile of road Amount of stock representing the road in Colorado , Amount of stock held in Colorado; about ..- Total number of stockolders ; about 150 Number of stockholders in Colorado ". 20 When and to whom was the original stock owned by the company sold, and what was the cash value realized by the company for the same ? The 4,580 shares were issued to the Denver Railroad Construction, Land and Coal Company, for construction and equipment of the road. A list of stockholders at the last election of directors, showing the name, residence and amount of stock owned by each, must be filed here- with. ^3; ,000,000 00 458,000 00 229,000 00 $ 687,000 00 % 687,000 00 229,000 00 687,000 00 20,000 00 687,000 00 140,000 00 BONDED DEBT. 1 First mortgage bonds, date May i, 1884, due May i, 1914, rate of interest 6 per cent Amount of interest paid on same during the year Total bonded debt Amount of bonds issued to build and equip the road ; Amount of bonds issued during last year and on what account was in- crease made? During last year the Denver, Utah and Pacific Rail- road Company was consolidated with the Colorado Northern Railway Company, under the name of " The Denver, Utah and Pacific Rail- road Company ;" ^412,000 of first morigage bonds of the consoliyated road were issued to retire $412,000 of the old j^enver. Utah and Pacific bonds, and bonds were issued to pay for the Colorado Northern Com- pany's road and property to the amount of. Amount of bonded debt per mile of road $ 618,000 00 $ 6r8,ooo 00 $ 618,000 00 EAILEOAD COMMISSIONERS REPOKT. 293 FLOATING DEBT. Amount of debt not secured by mortgage . COST OF ROAD. None Is your construction account closed? No If the road was not built by the present owners, state cost of road to them : (in stock and bonds) The above includes equipment. The road was built by the Denver Rail- road Construction, Land and Coal Company, and by contractor for the Denver, Longmont and Northwestern Railroad Company. Items of cost of road not in the possession of the Denver, Utah and Pacific Railroad Company. $ 1,305,000 00 COST OF EQUIPMENT. The equipment applies to 33 3-10 miles of road. Total cost of equipment Average cost of equipment per mile of road operated Proportion of cost of road and equipment for Colorado All Average cost of road and equipment per mile in Colorado $ 109,653 88 3,022 64 39,189 18 The road was equipped by construction company, and present company has no items of cost at hand. PROPERTY ACCOUNTS. Charges and credits by which the capital and debt have been increased during the year , Land, land damages and fences Engineering, agencies, salaries and other expenses during construction Total for construction '. Net addition to property account for the year 3,592 40 702 64 4,295 04 4,29s 04 294 RAILROAD commissioner's REPORT, DESCRIPTION OF ROAD. MILES. Length of main line of road from Denver to Longmont Total length of main line and branches Aggregate length of siding's and other track not above Aggregate length of track computed as single track, exclu- sive of sidings Number of miles of iron rail [Weight per yard, iron, 35 and 45 lbs.] -. Gauge of track, 3 feet Total miles of road operated by this Company (including sid- ings) STATIONS. ENTIRE LINE. COLORADO. Number of stations on all roads owned by this company Number of stations on all roads operated by this company Number of "common points" Number of telegraph offices in stations None Note — Four stations with agents; nine side-tracks, no agents.. 13 13 3 EAILEOAD commissioner's EEPOET. 295 EMPLOYES. Entire In Line. Colorado. Average sal- ary per an- num. Total salaries. Superintendents Clerks in all offices Master and Assistant Mechanics Helpers in shops Conductors Engineers' Firemen and wipers Brakemen Flagmen, switch tenders, gate keepers and watchmen. Station agents Section foremen.. Section laborers Total number persons regularly employed Total amount paid employes 49 $ 1,920 00 1,050 GO 660 00 796 17 1,020 00 i,roo 00 600 00 600 00 720 00 645 oo 720 00 407 30 ■ 1,920 00 2,100 00 660 00 3,974 85 3,060 00 3,300 00 1,800 00 1,200 00 1,440 00 2,582 00 2,160 00 8,146 02 $ 32,342 8 BRIDGES IN COLORADO. Wooden trestle and pile ARCH CULVERTS AND VIADUCTS IN COLORADO. Less than 20 feet opening BOX CULVERTS IN COLORADO. Timber ; CATTLE GUARDS. Number in Colorado Amount of timber used in renewals of wooden bridges during the year (feet B. M.) Amount of trestle work replaced with earth during the year (lin- eal feet) Timber culverts replaced with sewer pipe 58 46 AGGREGATE LENGTH. 2,358 feet 164 feet 950 feet 5,372 feet 127 feet 127 feet 296 RAILEOAD COMMISSIONERS REPORT. ROAD-BED AND TRACK IN COLORADO. Number of track sections Average length of sections Average number of men in each section gang Average number of ties per mile of road Number of new ties laid in track during the year Average number of new ties per mile of road New rails laid in track during the year, iron [14 i444 tons] 2,430 feet Total track laid with new rails during the year, miles, 4-|i4 CROSSINGS IN COLORADO. What railroad crosses your road at grade and at what locality ? Burlington and Missouri River, at south side of Platte river. U. P Railway (Boulder Valley), at Canfield, Colorado (two crossings). Number of highway crossings at grade, 14. 3 miles S 2,8co 2.424 71 ROLLING STOCK. AVERAGE LIFE IN YEARS. Number ot passenger locomotives Number of freight locomotives Number of passenger cars Number of baggage, mail and express cars (comb.) Number of box freight cars Number of platform and coal cars Number of other cars Total number of cars 26 83 26 83 Maximum weight of locomotives and tenders Average weight of locomotives and tenders... Number of locomotives equipped with train brake Maximum weight of passenger cars Average weight of passenger cars Number of cars equipped with airbrake Number of cars equipped with Miller platform and buffer The amount of tonnage that can be carried over your road exclusive of cars by an engine of given weight [weight of engine, 38 tons] 38 tons 21% tons None 85< tons 85< tons None None 150 tons EAILROAD COMMISSIOSTEr's KEPOBT. 297 MILEAGE, TRAFFIC, ETC. Miles run by passenger trains during the year- Miles run by freight trains during the year , Miles run by switching trains during the year .. Miles run by other trains during the year Total train mileage 22,4CO 32,650 1,550 1,765 58,365 CARS AND WEIGHT OF TRAINS. Average number of cars in passenger trains Average weightof passenger trains, exclusive of passengers.. Average number of c»rs in freight trains Average weight of freight trains, exclusive of freight 104 tons PASSENGER TRAFFIC. Number of through passengers carried Number of local passengers carried Number of passengers carried east and south Number of passengers carried west and north Total number of passengers carried Total passenger mileage, or passengers carried one mile.. , Average distance traveled by each passenger Average amount received from each passenger Highest rate of fare per mile for any distance Lowest rate of fare per mile for any distance Average rate of fare per mile for all passengers Average cost per mile per passenger Average cost per mile per passenger in Colorado Average i^gite paid per mile per passenger in Colorado 4,470 2,423 2,049 4,473 103,675 23 miles $ I 15 7% cents 4 cents 4.97 cents 4 cents 4 cents 4.97 cents 298 RAILROAD COMMISSIONERS REPORT. FREIGHT TRAFFIC. Number of tons of through freight carried.... , Number of tons of local freight carried , Total tons of freight carried i , Total mileage of through freight (tons carried one mile) Total mileage of local freight (tons carried one mile) Total p-eight mileage, or tons carried one mile Average rate per ton per mild received for through freight Average rate per ton per mile received for local freight Average rate per ton per mile received for all freight ;.. Average cost per ton per mile to move local freight Average cost per ton per mile to move through freight Average cost per ton per mile to move all freight X.. Average rate per ton per mile to move all freight in Colorado 836 51,040 51,876 28.391 1,183,739 1,212,130 2.6 cents 4.4 cents 4.3 cents 5.2 cents 5.2 cents 5.2 cents 5.2 cents Percentage of freight originating at and carried to stations in Colorado to total freight carried in Colorado. (This should not include fuel, nor any material for the use of ihe road) Tons. Per cent CAR MILEAGE. Number of miles run by loaded freight cars east and south- Number of miles run by loaded freight cars west and north . Number of miles run by empty freight cars east and south... Number of miles run by empty freight cars west and north- Total freight car mileage Percentage of empty freight cars hauled east and south to all freight cars hauled east and south Percentage of empty freight cars hauled west and north' to all freight cars hauled west and north Percentage of empty freight cars hauled in Colorado to all freight cars hauled in Colorado, i87,,2S 15.150 13.560 156,675 372,710 II per cent 91 per cent 46 per cent SPEED OF TRAINS IN COLORADO. Rate of speed of passenger trains, including stops miles, 20 per hour Rate of speed of freight trains, including stops miles, 12 per hour RAILROAD COMMISSIONER 8 REPORT. 299 TONNAGE OF ARTICLES TRANSPORTED. (all in COLORADO.) Grain. . Flour . Provisions (beef, pork, lard, etc Animals Other agricultural products, Lumber and forest products Coal Plaster, lime and cement, Petroleum and oil Steel and castings Stone and brick Manufactures— Articles shipped from point of production Merchandise and other articles not enumerated above Total tons carried Per Cent. ANALYSIS OF EARNINGS Earnings — Passenger— From local passengers From through passengers.... From all passengers From express and baggage... From mails Total earnings passenger department .. Total passenger earnings in Colorado.. Earnings per train mile [22,400 miles] Earnings per mile, entire line Earnings per mile in Colorado Earnings— Freight— From local From through , Total earnings, freight department Total freight earnings in Colorado [S 5,150 45] I [ 5 00] [$ 0.23] [$ 52,154 07] [ 740 43] $ 5,155 45 775 88 1,448 72 $ 7.380 05 $ 7,380 OS $ 151 63 151 63 52.89 4 50 $ 5g>894 5Q 300 EAILEOAD COMMISSIOJSrEE S EEPOET. ANALYSIS OF EARNINGS. (continued.) Earnings per train mile [32,650 miles] ($ i 62] Earnings per mile, entire line Earnings per mile, in Colorado Earnings per mile in mails, express and other sources Earnings per mile in mails, express and other sources in Colorado Total tariff earnings for the year ending June 30, 1885 Total transportation earnings Earnings per train mile run from all trains earning revenue [58,365 miles] [ $ I 03] Earnings per mile of road operated [34 miles] [ 1,772 78] Proportion of earnings for Colorado : All. Rents received for use of stations, etc Total earnings from all sources Proportion of earnings for Colorado $ I 555 72 I 555 72 65 43 65 43 60 274 55 $60 ^74 55 $ 596 45 60,871 00 $ 60,871 00 What per cent, are the earnings in Colorado of the earnings of the entire line? 100 per cent. Of the earnings of the entire line what is the ratio of the passenger to the freight? One as to ten. EXPENSES OF OPERATING THE ROAD FOR THE YEAR. CLASS I.— MAINTENANCE OF WAY AND BUILDINGS. Repairs of road-bed and track Renewal of rails [Number tons laid, iron, i4ifi.5.4_] Renewal of ties, [Number laid., 2,424.] Repairs of bridges, including culverts and cattle guards ^ Repairs of fences, road crossings and signs , Repairs of buildings, stations and water tanks Total $ 8,604 ^^ 844 51 1,59° 80 2,686 70 25 7° 494 36 ; 14,246 18 EAILEOAD commissioner's EEPOET. 301 EXPENSES OF OPERATING THE ROAD. (continued.) CLASS II.— MAINTENANCE OF MOTIVE POWER AND CARS. Repairs of locomotives Repairs of passenger cars Estimated Repairs of freight cars Estimated Total CLASS III.— CONDUCTING TRANSPORTATION. Fuel for locomotives Water supply Oil and waste ^ Locomotive service Passenger train service Passenges train supplies Freight train service Freight train supplies Damage and loss of freight and baggage Damages to property and cattle Agents and station service Station suppUes Total GENERAL EXPENSES AND TAXES. Salaries of general officers and clerks Legal expenses ^ Insurance Stationery and printing , flncidental expenses $ 1^634 71 Rental of cars 4,088 00 Contingencies . f Delivering mail [Switching charges . 202 75 1,557 10 Total. Taxes in Colorado, [$7,009.20.] Total taxes.. Total $ 3,955 53 312 14 2,500 00 $ 6,767 67 $ 3,413 33 318 40 394 21 5,100 00 1,020 00 63 48 3,240 00 313 99 96 83 457 20 2^932 66 761 63 gt 18,111 73 $ 6,619 92 2,250 64 675 00 62 00 7,482 56 7,009 20 $ 24,099 32 302 RAILROAD commissioner's REPORT. RECAPITULATION OF EXPENSES. $ 14,246 18 6,767 67 18,111.73 24,099 32 $ 63,224 90 Maintenance of way and buildings , Maintenance of motive power and cars Conducting transportation General expenses, including taxes.'. Total operating expenses and taxes Operating expenses and taxes per mfle of road operated [34 m.] ^1,859 55 Operating expenses and taxes per train mile for trains earning revenue [58,365 miles] $ i 08 Proportion of operating expenses and taxes for Colorado All Expenses of running and management of passenger trains Expenses of running and management of passenger trains per train mile... Expenses of running and management of freight trains Expenses of running and management of freight trains per train mile Expenses of running and management of all trains earning revenue Percentage of expenses to earnings $ 4,147 50 iSJ/^ cents $ 9,715 91 295^ cents $ i3>863 41 103.8 per ct. RAILROAD commissioner's REPORT. 303 1 IT 4t- U 00 00 > 1— 1 " H n u ro w w 'A u U ffi 1 — 1 O en 'A o Q Z CD , 1 Oi il < <1 W ^ S w rr; K [i< H f/) (.5 Z z f-H l-H P4 z ^ a O < [tI L/) o ^ z J l-H Z H Z p «E -E -£ -S -S i M 2 : t^ »/i o\ i-> fo m C^ « 00 « « »• \o « f^ O O w '■? ? eg ^ ^ ^ \o to"? < < Sg5 £ g + 1 0\ H O « ro lO « in in oo ro cj is. m in ■* ro 00 00 t^ -sf N 00 N 00 -.J- H in n 0\ ■* o\ '-' 1 + + 1 + + + I, n -1 VO <- o< -*■ t^ tn -.I- m SD : < < c 3S ■- *■ Oi •4- '± CO M3 CO !>. oc fo 1 : w ^ w 1 O T O TJ^ t>. P o OS c SO (S U ^ U ■s C\ CO 00_ in " "* " -^ 1 H + + -i- 1 1 1 1 1 ■ c ) c . * »£ en in o HI ■* C 1 O c 1 L n H 0\ rr « M t^ (^ t^ sc o O r- t c hi ■ i -* n- J r^ DO r- 1 oo VC t^ 1, 3. "; M > c vb r^ n o OS li S CO «l - *■ VD 'f in cC vo" in sg >. 3 \£ ^ 8 fO t^ O t^ M 00 OS ■* P ~~~ in (4 ■o too in '-o t^ so OS T ? o o w ui V 3 V 3 -C O m o t^ t-* in Th 'rf- oc H U t- « (n w in so ^. VC >) ^ 1 « N « N 04 ^ ^ co_ "l o eJ «" cT 3 * 1^ ^, o «& 1-^ to < ft □ in D o in n o O C in in in N ■^ >o VO D en o 'i- N o t- ■* ■* « 3 00 -*■ \D N O ■^ t td N tn N n\ t^ n- -> m in ^ O MD * -n w m -f ^ tr "^ " 1 A m «a Ph c * . O o^ rn vo m f li- ■> S£ o o >. D ■^^ -i- CO so O VD so in oc in lO * H Oi in m CO 1 t-« 00 ■^ VD t- ■* ■' h -Th **■ ro V ° ^ 3\ ■n M VO 3^ 03 f- 1 o\ OS 53 D^ X ^ q; 00 i>. VD In e - °°- 00 O rn in ■o ■^ VO so ^ ro r H ei 1 A b «^ ; c T3 S o c/f 'o H ■ O -^ SS s o So 00 c o " % 3 • ( 1 1 3 1 5 f i > - i 1 • i i "5 o j B -> RAILROAD commissioner's REPORT. 305 1-n 00 00 O ro w ^; o Q W Pi < W w H O Z I— I Q" CO W c/) W Ph X w £ h 2 U I m W U CL w >^ J h Z Q + I 2 o2 an O iz u < I I + 4 1 1- 1 1- if s X fj ■^ 1- i o h O Z Q fe S < S 306 KAILEOAD commissioner's REPORT. 00 00 o w Q W w H a (^ :=) p m W in :z; W X u u y D "? 3^ OS D ■o cr. t>. Oi i '^ o u o ro K < W H CL< (4 ro R Th 8 ; "* 1 m O VO VO O ro • o • VO m fO t^ i5 12 ro N OS ; VO t^ r^ o w **• 0_ ■^ : o 01 «■ in m 14 b • «& >< b] 00 t^ « ro M fO 0\ VO ■^ VO -* M di t^ ^» a CO Oi Tt- n c t^ * VO VO iJ Oi c VO o in o t^ in VO (T N in ) t- VO J o t^ 03 DO C4 \c -tj- 'J Ov -*■ !>; 0_^ ^. + + -{ _ -j- + *+ + + + -f 1 1 « 8 ro VO VO in m ^ m m » (N J VD^ p- ' ^ q; ■< w t- o> O^ o^ , "- <: lO en VO in in 1 in m n- ^ H VO VO 1 o «% H ■m, 1 ~ . It 1 1 S^ 1 I-. ^ 1 ; CO CO c y ■* r>. "^ Ov CX) CO J o p) 00 t^ H c h^ M <: m o\ VO M ;^ c\ m VO VD I Cei ; vq_ r^ *o_^ VO_ b) IN t^ 1 Z H Wi. , u CTi CO t- o t^ ■) VO t>. o\ 0\ DO O rfi en o\ OD CO ■d- CO VO N 00 o f- t^ 7-, o\ c VO 0\ Th VO \c ^ o t^ VO W Ov OO g VO ■* -I^ Z in 00_ 't; c^ o\ q_ oo O^ fo ro 1 H N M cT ■ hT H « z; TO, 1 < 3 g o\ ■*■ y3 \o ■* tN. K, Oi >- Ti- is B o r- r o VO 00 -*■ (>, IT) CO t^ ?n (vi 1 t^ ^ c M O in VO 00 t^ Th t-. s s> 00 vc -e f \0__ H « «" 1 n" w ^ ^ 1 Q S, N §S ^ 1 u < M H O TJ d >H _o tfi "o K ■4- m O H §8 1 Jh ;z; w iS Q n o s 'S 1 1 1 1. 1 1- I 15 & E p n 3 C 3 .1 J. < c : 1 1 o H o a e (In EAILKOAD commissioner's REPORT. 307 GENERAL EXHIBIT. Total earnings, , $ 60,871 00 Total expenses, including taxes 63,224 go Net loss , 2i353 90 Interest accruing during the year — Coupons on bonds released until April i, 1887 Dividfends declared None Debtor balance for the year 2,353 go Balance at commencement of the year 5,820 g7 Balance at the close of the year ending June 30, 1885 3.467 07 ' INCOME ACCOUNT. Income from earnings $ 60,871 00 Total income from all sources for the year $ 60,871 00 Proportion o^ income for Colorado ■ All GENERAL RECAPITULATION. Total income $ 60,871 00 Total operating expenses and taxes 63,224 go Net loss 2,353 go Gross income per train jnile run [58,365 miles] $1.04. SURPLUS. Surplus at the commencement of the year $ 6,431 01 Surplus at the close of the year 4,077 n The amount invested in railroad stocks None The amount invested in railroad bonds None The amount of its own stock or bonds owned by the company None Amount absorbed in construction 4)077 " Amount in material and balances from other roads None 808 RAILROAD COMMISSIONERS REPORT. GENERAL BALANCE SHEET AT THE CLOSING OF ACCOUNTS JUNE 30, 1885, OF THE DENVER, UTAH AND PACIFIC RAILROAD COMPANY. I AMOUNT. Mftin line (Hallack Junction westward, unfinished) Branch lines — Denver to Longmont main track and bridges ., Elevator switch Longmont.... Fisher's siding, Siding No 10 . Erie extension. Baker Mine ^ switch Garfield Mine switch Climax Mme switch Sheds and buildings Real estate » Rolling stock Material on' hand Engineering instruments . Furniture Machinery and tools Construction St. Vrain exten^ sion Mitchell Coal and Land Com pany's stock Current accounts -. Construction fund . Cash in hands of tniisurer .... Cash in hands of auditor Cash in hands of First National Bank, Denver... ).148 55 936 97 591 77 Total ., 405 24 276 28 379 61 2,3t4 58 1,691 42 3.213 22 494 6s 31.347 09 327,005 84 109,653 88 72.746 39 431 50 1,647 77 16,579 89 4,295 05 40,000 00 7,6o2 go 5,704 95 Capital stock Six per cent first mortgage bonds -^ Subscription to stock and bonds (St. Vrain extension) Current accounts (including estimated taxes to June 30j Cash in hands of treasurer November 1, 1883 Profit and loss.. 7,977 29 $ 1,339,061 83 $ 687,000 00 618,000 00 22,199 98 8,367 46 27 32 3,467 07 Total.. $ 1,339,061 83 RAILROAD COMMISSIONER S REPORT. 309 STATISTICS OF TRAFFIC IN COLORADO. ABSTRACT OF COMMODITIES SHIPPED FROM STATIONS, YEAR ENDING JUNE 30, 1885. STATIONS. Agricultural products. Tons. Products Products of mines of forests. Tons. Tons. Live stock. Tons. Merchandise & miscellan- eotis. Tons . Denver 70 42,486 580 20 40 970 416 2,436 3,985 Canfield 14 Longmont 134 680 Totals 6,837 42,690 1^280 40 1,029 STATISTICS OF TRAFFIC IN COLORADO. ABSTRACT OF COMMODITIES RECEIVED AT STATIONS, YEAR END- ING JUNE 30, 1885.' STATIONS. Agricultural Products. Tons. Products of Mines. Tons. Products of Forests. Tons. Live Stock. Tons. Merchandise & miscellan- eous. Tons. 6,549 133 92 63 40,166 261 2,263 732 342 20 1 36 196 83 Mitchell Canfield 144 601" Longmont 40 Totals 6,837 42,690 1,280 40 1,029 310 RAILROAD 00MMIS8I0WEE S REPORT. o VO o\ lO -a- o o\ ^i 00 \o o\ 00 fO o ■* IN_ 0, °. 8£ tC •0- w" 00 tA M. « M 0^ 8 g. s. ■<^ C/J cq O ! R „" Bi cT in H M t«. «& O "A W U3 d o o pi. [fi H m w ro >g ^ <1 :£, -* 0, •z. i o ^ c^ w lO \D P-. M t"* (^ ^•^ ■* X a pa S s z „ f- o r-. \o co in P^ rr lO t^ t^ -^ ;* o> w < t-. ro T 00^ fO c t«9> [I< ri ~ v£) Q -i- lO t^ W p 3 \o "" m >-* O t^ o- t?) S ^a . OS H » h d O o ■^ \o H \o ■} r^ » a y; , ^ t 00 00^ Z M c ■' o •>: -^ m H? a o h :f 2 C h < f- c/ c 1 13 c 4 ;i 1 c 4 a 1 e 'i 5 <; Pi < H O ^; P Q O 00 Q oo < O o o CO H Z W Q I— H U U < o H e^ O W Q W 1-1 -? t- A cd S D K h a: td H u •i % < S u M c : --: j^ u ^ s -< ss g^ M ^ . Wl C! C P o o <: ./^ u bJD P 'S. g ^ l— 1 w -d y oJ . )-• > c: U Q , . 'o : O ; z o M c : a u •S i u o ° : Q ^ : Z < ■ -d < 2 & a (U K H 00 h OO 5 Q «" u 4J ^ o -4-1 u o RAILROAD commissioner's REPORT. 311 SUMMARY OF ACCIDENTS FOR COLORADO. Number of persons killed during the year i Number of casualties purely accidental during the year i Number of persons injured during the year None ADDITIONAL QUESTIONS. EXPRESS COMPANIES. What Express companies run on your road, and on what terms, and what conditions as to rates, etc. ; what kind of business is done by them, and do you take their freights at the depot or at the office of such Express company ? Wells, Fargo & Co.'s express do all express business over road. D., U. and P. R. R. Co. receive first-class rates on special freight (perishable goods), I J^ first-class rates on regular freight, less lo per cent ; also ^25 per month for conductor's services as messenger. Freight received at depot and office of Express company. UNITED STATES MAIL. What is the compensation paid you by the United States Government for the transportation of its mails on your road in Colorado, and on what terms of service? ^1,541,13 per annum for transportation of mails between Denver and Longmont, and delivery of same at Postoffices at Denver, Semper, Canfield and Longmont. What amount have you paid for receiving and delivering mail to and from stations on your road in Colorado? ;g202,75. Date when main line (giving termini and length) was put in operation ? Denver to Mitchell, 22.9 miles; opened November 24, 1881; consolidated line, Denver, Utah and Pacific Railroad, Denver to Longm.ont, May 6, 1884. Are the bridges and trestles provided with guard rails? About one-half with guard rails. Do all bridges and trestles receive stated examinations? Yes. How often? Once each week. By whom ? Superintendent and section foreman. Average number of cars in passenger train in Colorado ? Two. Average number of cars in freight train in Colorado ? Eleven. Cost per mile of moving average passenger train. 18^ cents. Cost per mile of moving average freight train. 20^ cents. Cost of repairs of snow sheds and fences during the year. $75.80. Aggregate yearly salary paid general officers. $7,519 95. Has your company any rule governing your conductors, engineers trainmen and switchmen concerning the use of intoxicating liquors? If so, what is it, and is it enforced? Yes ; Rule 60 ; the habitual use of intoxicating liquors will be considered just cause for dis- missal from the service of the company. The rule is enforced. What are your rules, if any, in relation to examination for color blindness of employes whose duties require that they should readily distinguish the various colors used for sig- nals ? None. 312 RAILROAD commissioner's REPORT. Have you in use any cars provided with an automatic coupler ? No. Has your company in contemplation the adoption of any kind of automatic coupler? No. What coal mines do you own and work, and where located? None. What stone quarries do you own and operate, and where located? None. Are you in any manner interested in either coal mines or stone quarries other than as above specified? Yes. If so, state fully their name, locality and extent of your interest. The company owns four hundred shares of the capital stock of the Mitchell Coal and Land Company ; mine near Erie, Colorado. • f , }''■ State of Colorado, County of Arapahoe E. R. Standish, Auditor of the Denver, Utah and Pacific Railroad Company, being duly sworn, deposes and says that he has caused the foregoing statements to be pre- pared by the proper officers, and agents of this Company, and, having carefully examined the same, declares them to be a true, full, and correct answer to each and every ques- tion therein propounded, and that the same constitutes a true statement of the condition and affairs of said Com- pany, on the thirtieth day of June, A. D. 1885, to the best of his knowledge and belief Signed, E. R. Standish. [l. s.] Auditor. OF R. R. Subscribed and sworn to before me, this fourteenth day of October, A. D. 1885. George A. Corbin, [l. s.] Notary Public. Received and filed in the office of the Commissioner of Railroads this seventeenth day of October, A. D. 1885. Henry Felker, Secretary. REPORT Denver Circle Railroad Company, FOR tHE YEAR ENDING JUNE 3O, 1885. Officers and Offices of the Company Operating. QFBICIAL POSITION. • NAME. LOCATION OF OFFICE. President Secretary Treasurer W. A. H. Loveland C. L. Mcintosh C. L. Mcintosh Denver, Colo. Denver, Colo. Denver, Colo. NAMES OF DIRECTORS. POSTOFFICE ADERESS. NAMES OF DIRECTORS, POSTOFFICE ADDRESS. W. A. H. Loveland.. T. C. Henry E. O. Wolcott Denver, Colo.. Denver, Colo.. Denver, Colo.. A. E. Pattison.,,. C. L. Mcintosh.., ..Denver, Colo. ..Denver, Colo. Location of general offices » Denver, Colo. Location of general office in this State Denver, Colo. Name and address of person to whom correspondence concerning this report should be directed ^.W. A. H. Loveland, Denver, Colo. 314 RAILROAD COMMISSIOWEE's REPORT. CAPITAL STOCK. Amount authorized by articles of association, Number of shares issued, 3,000 , Stock issued for account of construction Total common stock issued Total amount paid in as per books of the company . Amount of stock per mile of road Amount of stock held in Colorado Total number of stockholders Number of stockholders in Colorado $ 1,000,000 00 300,000 00 ^ 300,000 00 g 300,000 00 50,000 00 53,100 00 When and to whom was the original stock owned by the company sold, and what was the cash value realized by the company for the same? Sold to the Denver Circle Rail- road Construction C'ompany at various times at par. BONDED DEBT. First mortgage^ bonds, date January i, 1881, due January i, 1911, rate of interest 6 per cent Amount of interest paid on same during the year ™ Total bonded debt Amount of bonds issued to build and equip the road Amount of bonded debt per mile of road $ 125,000 00 7,500 00 $ 125.000 00 5 125,000 00 20,000 00 FLOATING DEBT. Amount of debt not secured by mortgage $ 80,031 38 Proportion of debt bonded and floating for Colorado All Total amount of paid-up stock and debt 380,031 38 Amount of stock and debt per mile of road 60,805 02 RAILROAD COMMISSIONER 8 REPORT. 315 COST OF EQUIPMENT. Locomotives $ 12,200 00 Total cost of equipment , 40,000 00 Average cost of equipment per mile of road operated ■. 6,400 00 The above equipment applies to 6.25 miles of road. DESCRIPTION OF ROAD, Length of main line of road from Denver to Jewell Park Length of three rail track on main line Total length of main line and branches Aggregate length of sidings and other track not above Gfiuge of track 3 feet Total miles of road operated by this company STATIONS. * Entire Line. In Colorado. Number of stations on all roads owned by this company Number of stations on all roads operated by this company 10 10 10 10 316 RAILKOAD COMMISSIONER S REPORT. EMPLOYES. Entire line. In Colo- rado. Average salary per annum. Total salaries. Clerks in all offices , Conductors Engineers Firemen and wipers Flagmen, switch- tenders, gate-keepers and watchmen Section foremen Section lahorers Total number persons regularly employed lotal amount paid employes 2 $ 900 $ 1,800 2 ,200 2,400 2 720 1,440 I 720 720 I 720 720 2 567 1,134 t 8,214 BRIDGES IN COLORADO. AGGREGATE LENGTH. Wooden trestle and pile CATTLE GUARDS. Number in Colorado 1, 700 feet ROAD-BED AND TRACK IN COLORADO. Number of track sections r Average length of sections Average number of men in each section gang 3 Average number of ties per mile of road 2,600 Number of new ties laid in track during the year ? None. 6 25 miles RAILEOAT) COMMISSIONEE S REPORT. 317 CROSSINGS IN COLORADO. What railroad crosses your road at grade and at what locality? Denver and New Orleans, at D. & N. 0. 5-mile post from Denver; Denver and Rio Grande at junction of D. & R. G. R. R. and Petersburg wagon roa(3. Number of highway crossings at grade? Thirty-three. ROLLING STOCK. Leased. Owned. Tnml Average lotal. life in years. Number of passenger locomotives... Number of passenger cars 3 13 Average weight of locomotives and tenders Num43er of locomotive.s equipped with train-brake ? None. Number of cars equipped with air-brake Kind of brake ? Westinghouse air. Number of passenger cars equipped with Miller platform and buffer.., MILEAGE, traffic;, ETC. Miles run by passenger trains during the year.. Total train mileage... 36^000 36^000 CARS AND WEIGHT OF TRAINS. Average number of car8 in passenger trains PASSENGER TRAFFIC, Highest rate of fare per mile for any distance Lowest rate of fare per mile for any distance 10 cents for any distance. SPEED OF TRAINS IN COLORADO. Rate of speed of passenger trains, including stops? ifi miles per hour. 318 EAILEOAD OOMMISSIONEE S EEPOET. ANALYSIS OF EARNINGS. Earnings — passenger — from local passengers ($22,000 00) From all passengers. Total earnings passenger department Earnings per train mile (36,000 miles) ^$22,000 00) Earnings per mile entire line Earnings — freight — from local.... C$500 00 Total earning freight department , Total transportation earnings Earnings per train mile run from all trains earning revenue (36,000 miles) ($22,500 00) , Earnings per mile of road operated (6,25 miles) ($22,500 00) What per cent, are the earnings in Colorado of the earnings of the entire line :..: $ 22,000 00 $ 22,000 00 6z}^ cents 3,600 00 $22,500 00 625^ cents $ 3,600 00 100 per cent EXPENSES OF OPERATING THE ROAD FOR THE YEAR. Taxes in Colorado '. $ 1,550 00 RECAPITULATION OF EXPENSES. Total operating expenses and taxes Cannot tell GENERAL EXHIBIT. Total earnings $22,500 00 Interest on funded debt ..- , 7,5oo 00 Interest paid on funded debt 7,5oo 00 GENERAL RECAPITULATION. Total income $22,500 00 Total operating expenses and taxes Cannot tell Gross income per train mile run (36,000 miles) ^ 623^ cents ADDITIONAL QUESTIONS. Are the bridges and trestles provided with guard rails ? No. Do all bridges and trestles receive stated examinations ? Yes. How often? Every week. By whom ? Section foreman. EAILEOAD COMMISSIONEe's EEPOET. 319 Average number of cars in passenger train in Colorado. Two. , Has your company any rule governing your conductors, engineers, trainmen and switchmen concerning the use of intoxicating liquors ? If so, what is it, and is it enforced ? Forbidden. What are your rules, if any, in relation to examination for color blindness of employes whose duties require that they should readily distinguish the various colors used for signals ? None. ' Have you in use any cars provided with an automatic coupler? Yes. What coal mines do you own and work, and where located ? None. What stone quarries do you own and operate, and where located? None. State of Colorado, 1 y ss County of Arapahoe, J ' . W. A. H. LoVELAND, President of the Deliver Circle Railroad Company, being duly sworn, deposes and says that he has caused the foregoing statements to be prepared by the proper officers and agents of this company, and, hav- ing carefully examined the same, declares them to be a tru€, full and correct answer to each and every question therein propounded, and that the same constitutes a true statement of the condition and affaifS of said company on the thirtieth day of June A. D. 1885, to the best of his knowledge and belief Signed, W. A. H. Loveland, [l. S.J » * President. OF R. R. Subscribed and sworn to before me this first day of September A. D. 1885. W. B. Felker, Railroad Commissioner in and for Colorado. Received and filed in the office of the Commissioner of Railroads this first day of September A. D. 1885. Henry Felker, Secretary, REPORT Colorado Central Railroad Company, FOR THE YEAR ENDING JUNE 30, 1 885. Officers -and Offices of the Company Operating, 1 OFFICIAL POSITION. NAME. LOCATION OF OFFICE. • Elisha Atkins Henry McFarland Boston, Mass. Secretary Boston, Mass. Treasurer Henry McFarland Boston, Mass. S.R.Callaway S T Smith • ■ J, Blickensderfer J.J. Dickey Superintendent of Telegraph. Omaha, Nebraska Auditor Erastus Young Omaha, Nebraska General Passenger Agent General Freight Agent J, W. Morse P. P. Shelby? Omaha, Nebraska General Solicitor John P. Dillon New York City, N. Y. NAMES OF DIRECTORS. POSTOFFICE ADDRESS. NAMES OF DIRECTORS. POSTOFFICE ADDRESS. Charles F. Adams, Jr Boston, Mass Willard Teller Denver, Colo. Elisha Atkins Boston, Mass W. S. Cheesman Frederick L. Ames Boston, Mass, D. B. Keeler F. Gordon Dexter Boston, Mass Edward Dickinson... Denver, Colo. Iver-s Phillips Denver, Colo. Oliver W. Mint Boston, Mass RAILROAD COMMISSIONERS REPORT. 321 Exfecutive Committee Not organized Date of annual election of Directors Second Tuesday in April of each year Location of general offices Boston, Mass. Name and address of person to whom correspondence concerning this report should be directed Henry McFarland, Secretary and Treasurer, Boston, Mass., or Erastus Young, Auditor, Omaha, Nebraska. CAPITAL STOCK. Number of shares issued, 62,303. Amount paid in I $6,230,300 00 Total common stock issued I $ 6,230,300 00 Amount of preferred stock None Amount of stock issued to build and equip the road j $ 6,230,300 00 Amount of stock issued during last year,and on what account was increase made None Total amount paid in as per books of the company.. Proportion of stock for Colorado Amount of stock per mile of road Amount of stock held in Colorado, Total number of stockholders Number of stockholders in Colorado 6,230,300 00 6,230,300 00 19,048 83 10,800 00 19 7 When and to whom was the original stock owned by the company sold, and what was the cash value realized by the company for the same? From 1870 to 1882 to the amount of $6,230,300, issued by the company on account of construction; among others, to those who held contracts for such construction of portions of company's road. A list of stockholders at the last election of directors, showing the name, residence and amount of stock owned by each, must be filed herewith. BONDED DEBT. First mortgage bonds, date June r^ 1872, due June i, 1892, rate of interest 8 per cent First mortgage bonds, date July i, 1879, ^^^ J"^y ^> ^QOP* ^^^^ °^ interest 7 per cent Total bonded debt Amount of bonded debt per mile of road '- , $ 87,000 00 4,701,000 00 '$ 4,788,000 00 $ 14,639 68 322 EAILROAto COMMISSIONER S EEPOKT. FLOATING DEBT. Amount of debt not secured by mortgage None Proportion of debt bonded and floating for Colorado All Total amount of paid-up stock and debt $ 11,018,300 00 Amount of stock and debt per mile of road 33*^88 51 COST OF ROAD. Cost of construction entire line $ 10,708,563 14 Cost of construction in Colorado 10,708,563 14 Average cost of road per mile [327.07 miles] 32,740 8g Is your construction account closed? No. If the road was not buiTt by the present owners, state cost of road to them.. 10,708,563 14 The value of all other property owned by the corporatioji 15,000 00 COST OF EQUIPMENT. Total cost of equipment The above equipment applies to 327.07 miles of road Average cost of equipment per mile of road operated Proportion of cost of road and equipment for Colorado Average cost of road and equipment per mile in Colorado . ? 515,805 73 1,577 05 11,224,368 87 34,317 94 PROPERTY ACCOUNTS. CHARGES AND CREDITS BY "WHICH THE CAPITAL AND DEBT HAVE BEEN INCREASED DURING THE YEAR. Bridging and masonry Land, land damages and fences Engine houses, car sheds and turn-tables '. Engineering, agencies, salaries and other expenses during construction.. Stock yards , General expenses v ^ Total for construction $ 1,000 00 5,472 22 3,291 06 29 96 985 52 4 00 $ 10,782 76 RAILEOAD commissioner's REPORT. 323 EQUIPIVIENT. Air brakes on locomotives ...» Passenger, mail, baggage and express cars. N. G. Pass, coaches 2 Coal car i Air and other brakes on cars Total for equipment Property sold {or reduced in valuation on the books) and credited property accounts during the year (specifying same). , Deficit in cais : 2 box, 7 coal, 4 flat, z stock Net addition to property account for the year $ 2,903 74 11,245 98 502 04 3,092 93 $ 17.744 69 $ 7,572 00 $ 20,9S5 45 DESCRIPTION OF ROAD. MILES. ENTIRE LINE. LENGTH IN COLORADO. Length of main line of road from Denver to Colorado Junction 130-56 Length of three-rail track on main line, Denver to Golden »-■■ 15.6. .151.16 BRANCHES : ■ From Denver Junction to La Salle From Fork's Creek to Central City Total length of main line and branches ., 327.07 36.40 327.07 175.91 151.16 Aggregate length of track computed as single track, exclusive of sidings Number of miles iron rail Number of miles steel rail '.. Weight per yard, steel ? 40, 50, 52, 58 and 60 pounds. Weight per yard, iron? 35, 50 and 56 pounds. Gauge of track ? 266.15 miles B. -G.; 45.35 miles N. G.; 15.57 three rails. CNumber of miles of telegraph owned by this company? 151 mFles jointly with Western Union Telegraph Company ; 186 miles in dispute. Grade — maximum per mile? 21T feet. Longest maximum ? 7,900 feet Curvature — shortest radius ? 478.34 feet. Aggregate length of ^11 radii? 55 miles 608 feet. Aggregate length of tangents ? 239 miles 1,269 f^^*- «, 324 RAILROAD COMMISSIOT!0:R S REPORT. If any of the road was first opened for operation during the past year, state the date. None. Total miles of road operated by this company? (From Fort Collins to Colorado Junction not operated'; distance, 44 miles) 283.07 miles. STATIONS. ENTIRE LINE. INC0L6- RADO. Number' of stations on all roads owned by this company Number of stations on all roads operated by this company Number of "common points'* 49 47 8 17 49 47 8 17 EMPLOYES. Our records will not permit us to furnish this prior to January i, 1S85. Will furnish in, next report. BRIDGES IN COLORADO. AGGREGATE LENGTH. Wooden truss bridges Iron bridges Wooden trestle and pile. ARCH CULVERTS AND VIADUCTS IN COLORADO. None. BOX CULVERTS IN COLORADO. Timber ; ' Stone CATTLE GUARDS. Nuniber in Colorado ■ Amount of timber used in renewals of wooden bridges during the year (feet B. M ) Amount of piling used in renewals of wooden bridges Huring the year (lineal feet) -■ , Amount of trestle work replaced with earth during the year (lin- eal feet) .;. 265 5 203 feet 55 feet 16,629 feet 114,830 4,209 feet 48 feet RAILROAD commissioner's REPOEI^. 325 BRIDGES BUILT WITHIN THE YEAR IN COLORADO. LOCATION. 1 KIND. MATERIAL. WHEN BUILT. LENGTH IN FEET. Trestle Trestle Trestle Pine and Oak Pine and Oak Pine and Oak June, 1885 June, 1885 June, 1885 64 63 Give the average number of years the trestle and pile bridges last on your road in Colorado .' 10 years 12 years Give the average number of years that wooden truss bridges last on your road ROAD-BED AND TRACK IN COLORADO. Number of track sections 46 Average length of sections 6.8 miles Average number of men in each section gang...^. 4 Average number of ties per mile of road 2,7co Number of new ties laid in track during the year 85,583 Average number of new ties per mile of road _ 273 New rails laid in track during the year, steel [149 i^|-4 tons] 1.76 miles Total track laid with new rails during the year , 1.76 miles CROSSINGS IN COLORADO. What railroad crosses your road at grade and at what locality ? Colorado Central (broad gauge) crosses Colorado Central (narrow gauge) at Golden. Burlington and Colorado, at Denver. Denver Pacific, at Denver. Denver and Boulder Valley, at Boulder. Denver, Longmont and Northwestern, at Longmont. G., S. & L. Pacific, at Fort Collins. What railroads cross your road, either over or under, and at what locality? None. Number of highway crossings at grade 160 Number of highway crossings at which there are flagmen Number of highway crossings under railroad 2 326 Railroad commissioners report. FENCING IN COLORADO. How many miles of your road in Colorado are fenced? 11-93 What is the average cost per rod? $ 60 What is the total cost of same? 2,290 56 How many miles of new fencing have you built during the year? 5 ROLLING STOCK. OWNED. TOTAL. 14 14 19 19 28 28 15 15 353 353 83 83 350 35° 15 'S 844 844 AVERAGE LIFE IN YEARS Number of passenger locomotives Number of freight locomotives Number of passenger cars Number of baggage, mail and express cars.. Number of box freight cars Number of stock cars Number of platform and coal cars Number of other cars Total number of cars 79 tons 53 tons 22 28 tons 20 tons 303 Maximum weight of locomotives and tenders Average weight of locomotives and tenders Number of locomotives equipped with train brake Maximum weight of passenger cars Average weight of passenger cars Number of cars equipped with steam brake Number of cars equipped with Miller platform and buffer 11 The amount of tonnage that can be carried over your road exclusive of cars by an engine of given weight. Weight of engine : 79,450 pounds; tons, 144 ; between Golden and Fort Collins. 79,450 pounds; tons, 140; between Greeley and Cheyenne. 79,450 pounds ; tons, 200; between La Salle and Denver. 46,960 pounds ; tons, 60; between Golden and Graymont. 46,960 pounds ; tons, 50; between Golden and Black Hawk. 36,000 pounds ; tons, 36; between Golden and Black Hawk. RAILROAD commissioner's REPORT 327 ' MILEAGE, TRAFFIC, ETC.. Miles run by passenger trains' during the year.. Miles run by freight trains, during the year Miles run by other trains during the year Total train mileage , 466,096 301,843 37,666 805,605 CARS AND WEIGHT OF TRAINS. Average number of cars in passenger trains ? Four. ■ Average weight of passenger trains, exclusive of passengers? 133,524 pounds. Average number of cars in freight trains? Fourteen, Average weight of freight trains, exclusive of freight? 222,880 pounds. PASSENGER TRAFFIC. Number of through passengers carried..,., Number of local passengers carried , Number of passengers carried east and south Number of passengers carried west and north Total number of passengers carried Total passenger mileage, or passengers carried one mile.. Average distance traveled by each passenger Average amount received from each passenger Average rate of fare per mile for all passengers .'.... FREIGHT TRAFFIC. 26,361 143,109 87,340 82,130 169,470 8,002,964 47 223 miles ■ $ 1-996 .04227 Number of tons of through freight carried Number of tons of local freight carried Total tons of freight carried Total mileage of through freight ^tons carried one mile). ... Total mileage of local freight (tons carried one" mile; Total freight mileage, or tons carried one mile Average rate per ton per mile received for through freight.. Average rate per ton per mile received for local freight Average rate per ton per mile to move all freight 54,745 280,112 334,857 8,6053637 19,621,071 28,226,708 3-74 cts. 3.1S Cts. 3.33 cts. 328 RAILROAD COMMISSIOlSrER's REPORT. CAR MILEAGE. Number of miles run by loaded freight cars east and south .. Number of miles run by loaded freight cars west and north , Number of miles run by empty freight cars east and south ., Number of miles run by empty fi'eight cars west and north... Total freight car mileage Percentage of empty freight cars hauled east and south to all freight cars hauled east and south ', Percentage of empty freight cars hauled west and north to all freight cars hauled west and north .^, ., Percentage of empty freight cars hauled in Colorado to all freight cars hauled in Colorado 1,535,520 1,674,935 293,212 361,479 3,865,146 , j6^ct. 17.75 ^ct. 16. go ^ ct. SPEED OF TRAINS IN -COLORADO. Rate of speed of passenger trains, including stops; 23 miles ^ hr. Rate of speed of freight trains, including stops - 13 miles ^ hr. TONNAGE OF ARTICLES TRANSPORTED. ALL IN COLORADO. Tons. Per cent. Grain Flour Provisions (beef, pork, lard, etc.) Animals , Other agricultural products Iron, lead and mineral products t. , Lumber and forest products , Coal Plaster, lime and cement Salt Petroleum and oil Steel and castings . , Stone and brick. Manufactures — articles shipped from points of production.. Merchandise and other articles not enumerated above Total tons carried 36,764 17,870 1,786 9,638 12,208 83,586 13,222 86,158 2,993 86s 3.3°i 8.625 26,831 2,273 28,737 334.857 10 98 5-34 S3 2 88 3 65 24 96 3 95 35 73 89 G 26 99 2 57 8 01 68 8 58 100 EAILTIOAD commissioner's REPORT. 329 ANALYSIS OF EARNINGS. Earnings per train mile run from all trains earning revenue [767,939 miles] [$1-76] . Earnings per mile of road operated [283.07 miles] [24j773 45] Proportion of earnings for Colorado Rents received for use of road Rents received for use of stations, etc Car mileage [credit balance] Earnings from all other sources Telegraph earnings [^2,637 83] Total earnings'from all sources Proportion of earnings for Colorado ^401,1 I I 61 $401,111 61 Earnings — passenger — from ^ocal passengers [$240,091 03] From through passengers [ 95,668 86] From excess baggage [ 2,507 33] From all passengers * From express and baggage From mails ,. Total earnings passenger department Total passenger earnings in Colorado Earnings per train mile [466,096 miles] [$o-86] Earnings per mile entire line Earnings per mile in Colorado Earnings— freight— from local [^816,768 22] From through [ 111,032 70] From other sources, freight department [^22,306 69] Total earnings freight department Total freight earnings in Colorado Earnings per train mile [301,843 miles] [$3 15] 'Earnings per mile entire line Earnings per mile in Colorado Earnings per mile in mails, express and other sources.: Earnings per mile in mails, express and other sources in Colorado Total transportation earnings .■; 338,267 22 29,500 00 33,344 39 $ 1,226 38 1,226 38 $ 950,^07 61 $ 950,107 61 $ 2,9°4 91 2,904 91 192 14 192 14 $ 1,351,219 22 $ 1,351,219 22 311 00 1,643 03 27,797 01 16,872 04 $ 1.397,842 30 $ 1,397,842 30 What per cent, are the earnings in Colorado of the earnings of the entire line. All. Of the earnings of the entire line, what is the ratio of the passenger to the freight? As 42.22 to 100. \ ■ ' ■ r 330 RAILROAD COMMISSIONER S REPORT. EXPENSES OF OPERATING THE ROAD FOR THE YEAR. CLASS I.— MAINTENANCE OF WAY. AND BUIL*DINGS. Repairs of road-bed and track Renewal of rails [Number tons laid, steel, 149 3 5 5.] [Number tons laid, iron 82 14x4.] Track rental Renewal of ties [Number laid, 86,539.] Repairs of bridges, including culverts Repairs of fences, road crossings and cattle guards Repairs of buildings, stations and water tanks Total CLASS II.— MAINTENANCE OF MOTIVE POWER AND CARS. Repairs of locomotives Repairs of air brakes Repairs of passenger cars, including sleeping cars Repairs of freight cars Total .*. ...... CLASS III.— CONDUCTING TRANSPORTATION. Fuel for locomotives, engine houses and shops Water supply Oil and waste Locomotive service Passenger and freight train service Passenger and freight train supplies Mileage of passenger and freight cars {debit balance) '. : Telegraph expenses and maintenance Damage and loss of freight and baggage Damages to property and cattle, Personal injuries ; Agents and station service, including telegraph operators Station supplies Total - '. $ 139,617 32 6,596 35 102,760 00 31,830 29 I3.°54 76 4,100 13 12,840 49 t 310.799 34 $ 73,960 14 2,997 83 31,732 86 20,233 01 $ 128,923 84 $ 142,716 50 8,554 73 6,561 78 91,319 87 ■67,726 01 4,907 87 3,268 17 380 45 19,718 IS 2,469 32 73,065 12 9,407 00 $ 430,094 97 RAILROAD COMMISSIONERS REPORT. 331 GENERAL EXPENSES AND TAXES. Salaries of general officers and clerks . Legal expenses Expenses of general offices Stationery and printing *.. Outside agencies and advertising Conting^encies Taxes in Colorado (All in Colorado).... Total '. i 3,991 87 3,138 21 2,156 97 8,00s 70 26,262 22 203 63 90,708 30 % 134,466 90 RECAPITULA.TION OF EXPENSES. Maintenance' of way and buildings Maintenance of motive power and cars.. Londucting transportation General expenses, including taxes Total operating expenses and taxes . 310,799 34 128,923 84 430,094 97 134,466 90 $ 1,004,285 05 Operating expenses and taxes per mile of road operated'? [283.07 miles] $3,547.83, Operating expenses and taxes per train mile for trains earning revenue : [767>939 miles] $1.31- Proportion of operating expenses and taxes for Colorado ? 11,004,285.05. Percentage of expense? to earnings ? 71.85 per cent. 332 EAILEOAD commissioner's REPORT. ^ J 1 W 4 > 00 00 h ^ O o" rn w U ^ o: ^ 1 — . 0) t^ w 1-H u Q D ^ W W en J ^ J < < w >H § w H CT (/) g h-H ?^ Pi >-H D z Q p: .j! C/) u O 2; ;h g a p^ X < ffi w H O ^ 2: X Cl^ h ;d k; Q in S W r/1 iz; w Ph X w gS + I 9 1^ 55 w. o 5 IB 01 IB H 9! ):• <0 « S *• _ O * H H O * O OD ID O § o o c*i o^ m fn fo c^ »o ro N ■* o> fo oo vo H o\ o» H Z O O |zi Q ■S S S g fe s < s RAILROAD COMMISSIOITER's REPORT. 335 00 f- Oi » o o w IT) w 01 O *^ 01 00 IB e IB ■* IS (» 01 o b. » IB « o * M (S ff o n -H »* •^ ^ F"t in 01 w ". 01 o •^ * IB M a en ai 01 u in H M in 01 LB 01 t- H X o H o n >* n 4 « oe t- 10 * N H H 01 M 0\ ITl lO I I I I I 1 + + + s s O Z fl. s < s 336 EAILEOAD COMMISSIONEE's REPOET. GENERAL EXHIBIT. Total earnings S i;397,842 3° Total expenses, including taxes \. 1,004,285 05 Net earnings Deficit in equipment written off .-. Interest accruing during the year ,. Interest on funded debt Interest on floating debt ,- Dividends decclared (ij^ per cent) paid from earnings of year 1884. 393.557 25 7,572 00 336,030 00 336,030 00 None 93,454 00 INCOME ACCOUNT. Income from earnings Total income from all sources for the year., .'Proportion of income for Colorado t 1,397.842 30 $ 1.397,842 3° All GENERAL RECAPITULATION. Total income , Total operating expenses antj^taxes Net income above operating expenses and taxes Net income above operating expenses, taxes and interest.. $ 1,397.842 30 1,004,285 05 393.557 25 $ 57,527 25 Gross income per train mile run [767,939 miles"! . Net income per train mile run [767,939 miles] .... Percentage of net income to stock and debt $ I ; ■07j^ .0054 SURPLUS. Surplus at the commencement of the year ^ 283,950 99 Surplus at the close of the year '. 240,452 24 The amount invested in railroad stocks Give the name of each road and the number of shares owned in each of them, and the par value of shares : Union Depot and Railroad Company, Den- ver, 150 shares, par value Amount absorbed in construction Amount in material and balances from other roads, and individuals' balance.. 15,000 00 100 00 206,068 87 19*383 37 RAILROAD COMMISSIONERS REPORT. 337 AIDS OR GRANTS IN BONDS OR MONEY, FROM STATE. COUNTIES, TOWNS, CORPORATIONS OR INDIVIDUALS. CASH REAL- CHARACTER OF AMOUNT. IZED, OR CREDIT. REFUNDED. REMARKS. County bonds ^ 100,000 00 $ 83,200 00 $ 100,000 00 Stock Gilpin county County bonds 200,000 00 200,000 00 200,000 00 stock Boulder county County bonds 100,000 00 81,263 00 100,000 00 stock ... Jefferson county GENERAL BALANCE SHEET, AT THE CLOSING OF ACCOUNTS JUNE 30, 1885, OF THE COLORADO CENTRAL RAILROAD COMPANY. DEBITS. AMOUNT. CREDITS. AMOUNT, $10,708,563 14 515.805 73 15,000 00 187.834 37 $6,230,300 00 4,788^000 00 168.451 00 240.452 24 Equipment Union Depot and Railroad Company, Denver, stock Accounts payable Accounts receivable .- $11,427,203 24 $11,427,20324 STATISTICS OF TRAFFIC IN COLORADO. Cannot furnish this prior to January i, 1885. Will be able to furnish it for next report. 338 RAILROAD commissioner's EEPOET, 00 00 o m M Z D O H 00 00 OS <: Z H Ph I — I W u w P4 Q < IN ? g. >g s o -ff 00 -a t^ S, s ;;■ li, a N Th M < z N o (N «% 8 ■* m lO ^^ o « « ro "-" ■g- ro in >o \o 00 in (/) W 1 — I CO S c/l Q O S Fe4 )3 ^ H ■S M fe 2 Z m J RAILROAD commissioner's REPORT. 889 M Ot 00 in li^ on 00 00 00 m 00 g- £ m 00 00 OO •Ohm • I 1 8 ■ C ■ c 'Z ^ • 8 c « O K a H c^ N Sg o Pi- o 2 E s ii< a M RAILEOAD COMMISSIONER S REPORT. 341 o l-H Q w < w >^ w H O ■iz; I— ( Pi Q 00 00 O o < . ai o O '^ H-1 W P w S o u O w p u < o P4 O Pi z D 13 -s 1 2 1 K* u O d ■& ai < I'' tf 1 ■«! S S u a t~-i 1 a 4-1 3 ^ u cd o o -0 a B o m u u < c: 8 0) a S i SJ ■< nS ^ u w jj i-'S * ■& =3 3 u cd ^K, ■ u H U < iJ ' - = Ph 'rt !1 Cfi Cfi cd m hJ hJ z . o y > 'h ti- < H K E>i « -a , D U u i 1 < 4) 4-1 < IZ s < < ^ d- oo 1 CO Eti ■^ M H 5 CO [C p >o- S " ^ t; s 3 « ^ — . 1 5^ B S s S p "Ea *5b B S — 2 O s = a s ^ P ,B 3 -3 = a a M S3 u Is ^ ^ B K J iij , c V -S M 1 ii !■ 0- « ? ■a •= 1 1 ff. II c § « g en • 13 ™ : a 2 S S H W CO a s c/i c/3 en :/3 cfi t/] X en c/; en en U U u u V « > > > >■ : o o o O o o o : rt « m s I e e s E E wtficou3cocncnt/7c/3W.u3cfim O P a ft * tn ^ ii 13 ^ rr 3 1 o s S ■i. h4 a S tn 1 o a u Cfi ^ < 2 a js' s w s ^ as O S •— I S H w M s s o O S PS ^■«l-*^^^Th-<)--^Tl-.^^*^ 00 OO CO OO CO 00 CO CO OO 00 " — S B g E E E ----_0000CO0O™ COOSOOOOOOOOOOOO 2;ZZZZZZ2Z2;a2;ZZZPn RAILROAD commissioner's REPORT, 343 .s *j " js ■? « ■^ " " jB ig a § -I s 13 ^ 3 13 O y-3 ■a S 5 ^ .2 ^ CJ d ij Dd « rt -Z fa U ^ gssaassas yj u] w m w B B C/l to C/3 C« OJ o 6 ^3 E E E E E B E cd c4 td (4 <4 rt c4 m Ui W C/3 W OT W E E E .id ^ Q CO cn o) c/1 H ffi o E i a 3 'c 1 CO 1 o d m a t3 P "o K ■2 1 a T3 a p. s 2 ST a. if 1 fa a < 3 •? ^ o < ^ M ^ < E s CM CO ►4 •-A rt ^ ta .t; S U fe ^ - u- GO CO CO 00 CO OO 00 00 00 \n m in \n oococoooooooooco„„ OOOOCOOOOOCOCO.OOOO H d S- £• £• tc^fafafafafafafaEn^FiH 344 RAILROAD commissioner's REPORT. O w p z l—t H z o I H Q l-H O H W s W H H P w I sl 1 ■^- ^.° 'bb . !9-, J= XI 3 S^ H0!l<;UUtaOHS : .2 •s 1 ^ .5; ■ a. ! 1 P qnQinQOiJ<) ■S § S S a < in 00 00 P- ft P< 569 43 Is your construction account closed ? No. If the road was not built by the present owners, state cost of road to them.. 12,747,291 38 The value of all other property owned by the corporation 112,836 68 COST OF EQUIPMENT. (Cost of equipment is included in cost of road.) Average cost of road and equipment per mile in Colorado $ 39,569 43 PROPERTY ACCOUNTS. CHARGES AND CREDITS BY WSlCH THE CAPITAL AND DEBT HAVE- BEEN INCREASED DURING THE YEAR. ' Land, land damages and fences Machine shops, including machinery and tools- Track scales , Extension of road and branches , Total for construction ■ $ 27s 00 833 00 552 49 2 ,050 ,000 00 S2 ,051 ,660 49 ■■" — 352 RAILROAD COMMISSIONER S REPORT. ' PROPERTY ACCOUNTS. (continued.) * EQUIPMENT. Air and other brakes on locomotives , Freight on locomotives Passenger, mail, baggage and express cars 2 Miller platform in passenger, mail, baggage and express cars Freighfrte-nd other cars 122 Air and other brakes on freight and other cars *. .-.. Total for equipment Property sold (or reduced in valuation on the books) and credited property accounts during the year (specifying same). Portion of St. Elmo toll road sold Fifty flat cars, charged erroneously, now credited Air brakes on 48 of same, now credited Deficit in equipment charged off, 69 cars Net addition to property account for the year $ 1,403 08 932 94 11,299 47 224 42 4,78s 38 288 78 $ 18,934 57 $ 400 CX3 19,118 46 3,951 36 33,620 00 $2,013,505 24 DESCRIPTION OF ROAD. Entire Line. Length in Colorado. Length of main line of road from Denver to Leadville BRANCHES. From Como to Gunnison From Gunnison to Coal Mines From Garos to London Junction , From'Dickey to Keystone From Bear Creek to end of track », From Como to Coal Mines * ". Total length of main line and branches Aggregate length of sidings and other track not above Aggregate length of track computed as single track (exclusive of sidings) Number of miles of iron rail Number of miles of steel rail 117.25 17.44 15.40 6.85 10.24 4.00 322.15 29.40 322.15 95.05 227.10 EAILKOAD COMMISSIONER S REPORT. 353 [Weight per yard, steel, 40 and 45 pounds.] [Weight per yard, iron, 30, 35, 40 and 56 pounds.] Gauge of track, 3 feet. Number of miles of telegraph owned by this company? '300 miles owned by company, 14 miles owned jointly with Western Union Telegraph Company. Grade — Maximum per mile, 211 feet. Longest maximum, 7,500 feet. Curvature — Shortest radius, 206.7 f^^t. Aggregate length of all ladii, 508,805 feet. Aggregate length of tangents, 220 miles 4,730 feet. If any of the road was first opened for operation during the past year, state the date ? None. % Total miles of road operated by this company? 322.15. STATIONS. ' Entire Line. In Colorado Number of stations on all roads owned by this company 86 86 Number of "common points" 28 EMPLOYES. Our records do not permit us to furnish this prior to January i, 1885. Will be able to furnish it for next report. 4=5 354 RAILEOAD COMMISSIONER S REPORT. BRIDGES IN COLORADO. AGGREGATE LENGTH. Wooden truss bridges Combination bridges Iron bridges Wooden trestle and pile ARCH CULVERTS AND VIADUCTS IN COLORADO. None. BOX CULVERTS IN COLORADO. Timber Stone CATTLE GUARDS. Number in Colorp.do Amount of timber used in renewals of wooden bridges during the year (feet B. M.) Amount of piling used in renewals of wooden bridges during the year (lineal feet) .' 379 43 185 125 feet 234 feet 978 feet 11,158 feet 100,624 f'Est 4,673 feet BRIDGES BUILT WITHIN THE YEAR IN COLORADO. LOCATION. 51.6 miles from Denver.. 105.2 miles from Denver.. 106 miles from Denver.. T45 miles from Denver.. 144.4 miles from Denver.. 132.3 miles from Denver.. 132.3 miles from Denver.. 132.5 miles from Denver.. 132.9 miles from Denver,. 140.4 miles from Denver.. 137.7 miles from Denver.. KIND. Trestle- Trestle... Trestle... Trestle... Trestle.., Trestle.., Trestle... Trestle.., I Truss 1 girder Trestle.., Trestle... MATERIAL. Colorado pine Colorado pine Colorado pine Colorado pine Colorado pine Colorado and eastern pine.. Colorado and eastern pine.. Colorado and eastern pine.. Colo. & eastern pine & iron Colorado and eastern pine- Colorado and eastern pine.. WHEN BUILT LENGTH IN. FT. 16 16 16 160 128 148 230 Give the average number of years the trestle and pile bridges last on your road in Colo- rado: 10 years. Give the average number of years that wooden truss bridges last on your road in Colorado: 12 years. RAILROAD commissioner's REPORT. 355 ROAD-BED AND TRACK IN COLORADO. Number of track sections Fifty-four,^ Average length of sections Six miles. Average number of men in each section gang Four. Average number of ties per mile of roadi Three thousand. Number of new ties laid in track during the year.. ic6,i4S, Average number of new ties per mile of road Three hundred and thirty. New rails laid in track during the year, steel [60 1 1.6 Q, tons] mdes, g. Total track laid with new rails during the year g Average life of iron rails on main line Six years. Average life of iron rails on branches Seven years. Average life of steel rails on main line Eight years. Average life of steel rails on branches Nine years; Average life of ties .Four years. Average life of joint fastenings Eight years. Average life of frogs Five years. CROSSINGS IN COLORADO. What railroad f rosses your road at grade and at what locality : Burlington and Colorado in Denver yard. Denver and New Orleans two miles south of Denver. Denver and Rio Grande one mile from Nathrop. Denver and Rio Grande one-half mile east of Gunnison, Denver and Rio Grande in Leadville,yard. What railroads cross your road, either over or under, and at what locality : Denver and Rio Grande at Kokomo, twice. Number of highway crossings at grade : ' Eighty-six. Number of highway crossings at which there are flagmen ; Four. FENCING IN COLORADO. How many miles of your road in Coloradp are fenced? 13.15 What is the average cost per rod ? | ,7^ What is the total cost of same? ^. 3,156 00 How many miles of new fencing have you built during the year? . 2 ge 356 RAILROAD COMMISSIONERS REPORT. ROLLING STOCK. Number of passenger locomotives Number of freight locomotives Number of passenger cars ^ ..... Number of baggage, mail and express cars- Number of parlor and sleeping cars Number of officers' cars Number of box freight cars Number of stock cars Number of platform and coal cars Number of other cars Total number of cars AVERAGE LIFE IN YEARS. 62 27 6 5 2 577 9 649 1,296 27 6 577 9 649 Maximum weight of locomotives and tenders, coal and water... Average weight of locomotives and tenders, coal and water Number of locomotives equipped with train brake Maximum weight of passenger cars Average weight of passenger cars Number of cars equipped with air brake Number of passenger cars equipped with Miller platform and buffer.. 53 tons 48 tons 73 20 tons 13 tons 1,238 4 The amount of tonnage that can be carried over your road exclusive of cars by an engine of given weight. Weight of engine : 56,000 pounds ; tons, 58. MILEAGE, TRAFFIC, ETC. Miles run by passenger trains during the year.. Miles run by freight trains during the year Miles run by other trains during the year Total train mileage 190,194 557,087 105,982 853.263 RAILROAD commissioner's REPORT, 357 CARS AND WEIGHT OF TRAINS. Average number of cars in passenger trains 2.9 Average weight of passenger trains, exclusive of passengers 78,692 lbs Average number of cars in freight trains^ ro Average weight of freight trains, exclusive of freight 138,170 lbs PASSENGER TRAFFIC. Number of through passengers carried ' SiS^z Number of local passengers carried 54,184 * Number of passengers carried east and south 29,164 Number of passengers carried west and north 30,402 Total number of passengers carried 59)566 Total passenger mileage, or passengers carried one mile. ...^ 2,979,884 Average distance traveled by each passenger 50.026 miles Average, amount received from each passenger.... $3 161 Average rate of fare per mile for all passengers 6.318 cts. FREIGHT TRAFFIC. Number of tons of through freight carried Number jaf tons of local freight carried. , Total tons of freight carried Total mileage of through freight (tons carried one mile). ... Total mileage of local freight (tons carried one mile; Total freight mileage, or tons carried one mile Average rate per ton per mile received for through freight- Average rate per ton per mile received for local freight Average rate per ton per mile to move all freight 53.351 138,456 191,807 6,557.243 8,494,220 15,051,463 6.52 cts. 4.58 cts. 5.42 cts. 358 RAILROAD commissioner's REPORT. CAR MILEAGE. Number of miles run by loaded freight cars east and south .. Number of miles run by loaded freight cars west and north , Number of miles run by empty freight cars east and south .. , Number of miles run by empty freight cars west and north... Total freight car mileage Percentage of empty freight cars hauled east and south to all freight cars hauled east and south ^ 1 Percentage of empty freight cars hauled west and north to all freight cars hauled west and north..., Percentage of empty freight cars hauled in Colorado to all freight cars hauled in Colorado. .■ 1*455,079 831,478 188,168 760,829 3,236,154 11.45 ^ct. 47.77 ^ct. 29.32 ^-ct. • SPEED OF TRAINS IN COLORADO. Rate of speed of passenger trains, including stops 15 miles ^ hr. Rate of speed of freight trains, including stops 8 miles ^ hr. TONNAGE OF ARTICLES TRANSPORTED. ALL IN COLORADO. Tons. Per cent. Grain Flour.. Provisions (beef, pork, lard, etc.).. Animals Qther agricultural products Iron, lead and mineral products.. .. Lumber and forest products Coal Plaster, lime and cement . Salt Petroleum and oil Steel and .{:astings Stone and brick. Manufactures— articles shipped from point of production.. Merchandise and other atticles not enumerated above Total ton$ carried ,686 ,543 655 ,i2g .459 .917 ,580 .623 ,000 102 52S ,292 .97° 107 ,216 191,807 2.44 IBs 0.34 0.59 2.8s 29,67 25-33 15-45 0.52 0.05 0.28 0.67 15-63 0.05 4-28 RAILROAD COMMISSIONER S REPORT. 359 ANALYSIS OF EARNINGS. Earnings — passenger — ftom local passengers [$136,308 09] From through passengers [ 50,757 28] From excess baggage [ 1,201 61] From all passengers From express and baggage From mails '. Total earnings passenger department Total passenger earnings in Colorado ^ Earnings plr train mile [190,194 miles] [^i 21] Earnings per mile entire line Earnings per mile in Colorado ^ Earnings — freight— from local [$387>96i 98] From through r [ 427,336 67] From other sources, freight department [ 5,477 79] Total earnings freight department Total freight earnings in Colorado Earnings per train mile [557,087 miles] [$i 47] Earnings per mile entire line Earnings per mile in Colorado Earnings per mile in mails, express and other sources Earnings per mile in mails, express and other sources in Colorado Total transportation earnings Earnings per train mile run from all tlrains earning revenue [747,281 milesl [$i-4i] Earnings per mile of road operated [322.15 miles] [$3,263 42] Proportion of earnings for Colorado Rents received for use of stations, etc ...:.... Car mileage (credit balance) Earnings from all other sources Telegraph earnings [$1,696 85] Total earnings from all sources Proportion of earnings for Colorado 188,26^ 98 23,000 00 19,266 65 $ 230.533 63 $ 230,533 63 $ 715 61 715 61 $ 820,776 44 $ 820,776 44 $ 2,547 81 2>547 81 131 20 131 20 $ 1,051,310 07 $ 1,051,31a 07 1,411 05 16,964 90 33,252 48 I. 1,102,938 50 $ 1,102,938-^0 What per cent, are the earnings in Colorado of the earnings of the entire line. All. Of the earnings of the entire line, what is the ratio of the passenger to the freight ' As 28 o to 100. ■ 360 RAILROAD COMMISSIOlsrER S REPORT. EXPENSES OF OPERATING THE ROAD FOR THE YEAR. ' CLASS T— MAINTENANCE OF WAY AND BUILDINGS. Repairs of road-bed and track , Renewal of rails [Number tons laid, steel, 62 J'^ o ] [Number tons laid, iron, 16411^^ ] Renewal of ties , [Number laid, 106,971.] Track rental Repairs of bridges, including culverts Repairs of fences, road crossings and cattle guards Repairs of buildings, stations and water ^nks Total CLASS II— MAINTENANCE OF MOTIVE POWER AND CARS. Repairs of locomotives Repairs of air brakes Repairs of passenger cars, including sleepers Repairs of freight cars Total CLASS III— CONDUCTING TRANSPORTATION. Fuel for locomotives, engine-houses and shops Water supply ; .- .' Oil and waste Locomotive service Passenger and freight train train service Passenger and freight train supplies Telegraph expenses and maintenance Damage and loss of freight and baggage Damages to property and cattle Personal injuries Agents and station service Station supplies Total % 205,869 10 1,482 69 3«.744 75 8,953 98 3,005 89 8,121 00 t 286,314 98 $ 138,88s 88 6,980 61 17,131 28 69,607 17 $ 232,604 94 $ 168,433 70 9.346 35 11,091 71 147,482 88 95,293 71 5,209 ^ 4,851 12 968 81 9,595 37 8,191 83 87,514 52 15,057 10 $ 563,036 60 RAILEOAD COMMISSIONERS EEPOET. 361 EXPENSES OF OPERATING THE ROAD. (continued.) GENERAL EXPENSES AND TAXES. Salaries of general officers and clerks.. : Legal expenses Expenses of general offices... , Stationery and printing Outside agencies and advertising ' Contingencies Expenses of general offices at Boston and New York Taxes in Colorado Total. $ 3^841 72 3,482 78 1,862 19 9»334 85 23,273 52 167 73 1,356 37 95,204 18 $ 138,523 34 RECAPITULATION OF EXPENSES. Maintenance of way and buildings Maintenance of motive power and cars- Conducting transportation General expenses, including taxes Total operating expenses and taxes . 286,314 98 232,604 94 563,036 60 138.523 34 $ 1,220,479 86 Operating expenses and taxes per mile of road operated : [322.15 miles] $ 3,787.56. Operating expenses and taxes per train mile for trains earning revenue : [747,281 mi\es] 1^1.63. Proportion of operating expenses and taxes for Colorado : $1,220,479.86, Percentage of expenses to earnings : 110.66 per cent. 46 562 RAILROAD COMMISSIONER'S REPORT. 00 CO o m w D ►—1 o :? I-H Q W < W H O I-H Pi Q O HH :z; Pi < \o z • j Ch 1 3 IS K *C W H : b i (fl oi m in i>- CO ■-« u> t- <» oc * c* oo t^ -^ O C» iO C9 on r- ■ «o K ■^ ^ c a\ r-i ca «& us OS -4 ■ oa h^ M yo CO lo ^x ca CO ca i> - o» Si in o\ in ■^ T-< o> ■-( oo Cd cc k CO < M fO CO ^C IC CI C3 u u h-( (fl «) h s s O Pj pj OS O tJ w 2 g IX + 1 1 M u^ a VO O VC t- O O u ■) c- ^ cc m J "^ ^ H r T -J- C^ CO P m n T M m ■^ QJ 00 CO vo ro "C o ij lO I \ 1 « 1 n OS t^ C^ O W >o^ w^ co_ oo_ N_ w: VO_ c ' i C m -*! u T ro O, C O g « o •J c 0^ 0\ Ov O 00 ■< ■■ t ti; tfi. «% P w ro 1 c , VO VO « ■* O ■< J- 00 s: VO L T e?i v£ p m H CO c c ^ -^ J td • as , m J n 1 •^ S \ s , % S. ^ '. r S J S n ■*; 1 "^ CO ^ °°_ °o_ *■ ^ 00^ in - ot r in ^ r t n ^ ^ ^ ^ , f .o < < tA § OS ■J 3\ ■* O o\0\mt^o\N f 1 m ci. •o 3 ■+ -^ c ■o tr- ^ 4- t^ g M n D ^ : u ■t m Tt- It- H d- O • n 3\ C •l o H t^ ■* rr, 00 t^ H T 0\ W t^ O* 0\ w s v£J V r ^ O ?i 1- - o ■<^ o oo in ■n t*- ■H ^ w -. H M « ' ? 2 < C^ Wi «% 2; i <1 ■* ? ■-- ■* ■< CO ?. t^ 3 a -* >o in o t^ 3 O. £: !>. ■n 1* O rO 00 t^ O CO 00 D O w K O n VC [-* m in « oi »^ 3 lO ' § M 3^ •^ vo ■O vi; O. T) m -" ■* M \D Js 3^ vc a" a vo n t-^ O M d" oo" ^^ 00 3\ H, \c ■n a vo t>. t^ oo lO -. \0 3J q_ J ««. w. E h 2 : § a H o :oo H j « 1 >> 3 i 1 -^ X 1 1 -■ 1 c 3 I a; 3 ■ 3 i < j ■ a —I 3 1 RAILROAD COMMISSIOlSrER's REPORT. 363 ■ ^ "^ 00 00 ^ fO t- lO 'tf* to t>- ro t^ o> ta CO CO o o t>- o> CT ■id* CO VD < \D -id* t- ■>*■ rHI !>■ 00 CO o> i-t O- in rH O t- ca K r^ c O^ -4- en Tt< ^«t "^ cn VO^ u> C9 lO vO 5 t^ 4 CO o o> O cC cC cT t^ w to D- CSI CO r-l to ■-■ !-• «Q, «9 0\ ■* 00 m in 00 ro o\ \o O oc c ■* VO (O in M ^0 "i « VO 00 VO Ov vO o -^ ro M t^ in t^ "H- c ■^h 00 »n t^ '■^ w t ^ vO_ VO_^ "1, M l>- o^ e 6s - C^ tF Vo" Ov in ts t^ H CO « ^ 1 1 1 1 1 1 1 1 1 1 1 + «9. 1 t- ro CO 00 1- Ov in t^ VO ^ o « n "^ w M t^ CO OO in t^ cs o\ VO VO t- VO 00 M oe o\ in M M CO' in VO Ov ^N e> w r^ m ov vO_^ O^ 0^ Ov so tN. o^ T o 00 m dv tC Ov « c o^ t-' "^. c-* 00 tC b *a 'Kb CO 00 ■^ \o O fO ih 00 \o c ' ro ' -^ H 00 11 VO CO f* Tj- ■* o \o Tj- VO 9 " T m VO t-. Ov in t^ in lO ro c VO « t*. '*■ ro f ov ■+ >£) "<*- IN vO_^ in t vo_ 00_^ t>. \n \n in VO -^ t^ Ov oo" CO ov M. wa 00 a\ -t r«. ^. 00 M ■* lO in Ov 00 H o O N Ov « in « Ov CO ov Tj- N 00 H in c ^ ■<^ m o\ VO p^ VO \o in T 00 VO M VO -■*• Ov 00 VO VO DO Ol H >. o « rr, n M t^ m in o\ o\ CO ^ m II H M " 00 «% ■da ro 2 S r»» in ro in t^ 00 CO -ff c>* S 8> 8- ■<*- ^O VO m VO VO VO lO "- >8 ^. ^. % ^. " t*l ra VO VO 00 ?] c 00 o\ ■^ cS ro tC Ch o" CO OO Ch o ^* tv m - t " ^ i S C E : c E I 1 1 , i < ' c 1 E^ 364 RAILROAD commissioner's REPORT. 00 00 o w Q w en < w w H O Z D Q CO W (/I z H £ h 2;, w I m w M 2 W CL X w h Z. o : : S ll [I] M Oar-li-II>CSl -^-o o\>ovo cn-H ^ s 3 s ff a £?; -C ? a s Sou +■ 1 ' ■^^oo ufrOH MOO roiO -J-ovOi t; q_ N^ q; ov 00^ tj w^ q_ r^ ■* N^ t^ O "S CO ^ in ci ^ n" ro oi «r 1A i : i 1 1 I 1 i M M 1 U z il ll H ^ s : 1 J ii 5 C 1 4 00 1 1 ^ J : II 7Z ; 1 < ^ J < E 3 ^ 1 J EAILBOAD COMMISSIONEk's REPOET. 365 «J° : HS ^^ t>H t^ €X> o Ch a\ u> t- ^ „ t- H w M M Ml r«. .o m l>. fs CX> H «^ ^ ■* .■?; + 1 1 1 I 1 1 1 1 1 1 1 w, .o .o • o\ n in o • 00 O »n o\ o\ 00 o\ 'CA ■w. i : : : : ^ : : : : : : :::::::::::: '■','• \ '■ \ •.'■'• I '. I >. a s, 2 >=i 9 ■S' .s ,-, 2 u ~ -^ 0< O O Q M J S ta J O e 3 S 5 J U I" 5 5 S B 370 EAILKOAD COMMISSIONER S REPORT. Q W D Z H Z O u m Ph l—H W u w P4 Q < CO CO W I— I CO W O 2 8| mc^rOM 1^00 o\rOM rnw coo ^».r^^ >< D (4 5!S;8K2g,S'K,S'RS.8§-S'S-&S^ inrorow f*ioo o\mM con fOO ^-ro ■ < 1 4. ■> P c 1 1 <> RAILROAD COMMISSIONER S REPORT. 371 8> Sv c§ a ■* S 'S S. ^ o\ "* m o '^^ o\ - 1 i? ro 0^ 00 «4 &.8^8.^ ^ S "^ ^ ^ ^ ^ ^ ^ % )!^ % ^ V -.NOONTl-Ol-^inOin NNVOHVOOjiA M « n fo CO M s i O\wO0-*\O O't-OOVOONO) P-fOw ^-COCJ cnc^vo Nip H« Hjy 00 00 i < ( 1 i £ 1 0, ■ c i c "3 > tl 1 E 1- 1 c c £ 1 c t I- 1 1 ! i£ ;= 1 £ 1 I ' ^ *[ 1 « 37'2 KAILBOAD COMMISSIONEB 8 REPORT. < w > w E H O ^; t— I Oil :=) Q O ^ Q ^ < . p4 o O '" ^ W Q o g u p J ■p^7 .!=^ n p fe ^ 1— 1 to Q h 55 Z w w Q i—i U u < fe o H f^ O eu W # f^ b ^ ^ h oj m 4) ■■ ' !■ \ J3 V. V E H 5 S pq pq m n 0) ^ ft o 3 T3 1-1 P^ R n (i W E E o o U U S S (2i B I 'e e H si o o !5 i n 'S 3 P o 2 w «) E E -c S O H U ■* * -rf. 2 5 ^" ft •c A u5 p n § s 1 J3 1 in s s o ■J3 K S c <;■ a w •-1 O b o C4 3 o pS >— > ^ s as (K ^ ^; M O m o ^ E B I E i g" •S Ji E . ui > >■ o u o O C V V iz; z la fl o B" £• 374 RAILROAD COMMISSIOWER S REPORT. Q M P Z H Z s in H W Q U u < o H CO KAILEOAD COMMISSIONER 8 EEPOET. 375 TABULAR STATEMENT OF ACCIDENTS. KILLED. 1 INJURED. CAUSE OF ACCIDENT. Passen- gers. Employes Others. Passen- gers. Employe^ Others. Derailments Collisions Coupling cars Falling from trains Getting on and off trains Miscellaneous Overhead obstructions.. Totals 2 3 6 5 4 3 17 4 3 1 I 6 3 39 SUMMARY OF ACCIDENTS FOR COLORADO. Number of persons killed during the year 6 Number of persons injured during the year 43 Number of casualties purely accidental during the year. 30 Niimber resulting from lack of caution, carelessness or misconduct 18 Number of tramps, or otljers stealing rides, killed or injured i TRAIN ACCIDENTS IN COLORADO, FOR THE YEAR EMBRACED IN THIS REPORT. July 2, 1884— Passenger. , One mile east of Alpine ; derailment ; washout ; engine, coach and baggage car in ditch ; damage, $600 ; three persons injured. July 6, 1884— Freight., Breckenridge ; side track accident; defective brakes- on car that was set out of train ; struck cars standing on siding; damage, $261. July II, 1884— Freight. Dome Roclc; collision; work train engine ran into and derailed caboose on freight train ; damage, J65.go. September 6, 1884— Freight. Two miles south of Kenosha ; derailment ; broken center pin; one car derailed; damage, ^3,* September 9, 1884— Passenger. Ohio City ; derailment ; open switch ; engine derailed ; damage, $2.5. September — , 1884— Freight.. Hill top; derailment; defective switch; two engines de- « railed; damage,4io3.75. 376 RAILROAD GOMMISSIOKER'b REPORT. October lo, 1884— Freight. Rocky Point; derailment; broken wheel ; one car oflF track ; damage, $12. October 21, 1884 — Freight. One mile east of Como; derailment; defective brakes; two cars derailed ; damage, $41:0. October 31,. 1884^ — Freight. Broncho; collision; train parting; hind end ran back, and collided with following train ; engine and. one car damaged ; damage, JS19S, October 23, 1884 — Freight. Alpine ; derailment ; train men lost control of cars switching ; • engine and two cars derailed ; damage, $980. November 3, 1884 — Freight. Kokomo ; derailment; broken rail ; engine off track; dam- age, ^5- November 10, 1884 — Freight. Boreas ; derailment ; misplaced switch ; two cars off track damage, ^4. November [11, 18^84 — Passenger. One-half mile west of Tunnell ; derailment; rock on ' track; one pair trucks of baggage car derailed; damage, ^7.50. November 28, 1884 — Freight. One-half mile west of Wheeler's ; derailment ; broken wheel; one pair trucks off track ; damage, $10. December 4, 1884 — Freight. McGee's ; switching accident; carelessness; brakes not applied, and cars allowed to run on siding until they struck cars in train standing on main track ; damage, $321. December 14, 1884 — Freight. Hancock; derailment; open switch; one engine and one cur derailed ; damage, $11.80. December 16, 1884 — Freight. ^Tunnell ; derailment ; broken rail ; engine off track ; dam- age, Jgi9.25. December 16, 1884 — Freight. Kokomo ; derailment ; track spread ; damage, $4.50. December 17, 1884 — Freight. Tunnell; collision; engineer lost control of engine; dam- age, $140.50. December 18, 1884-^Freight. Tunnell; collision; ice on track, so that engine could not be handled properly ; damage, $78. December 19, 1884 — Freight. Near Alpine; derailment; snow and ice on track; one car derailed ; damage, $g , December 20, 1884 — Freight. Tunnel ; collision ; carelessness ; flanger, one engine and one car derailed ; damage, $52.75. December' 24, 1884 — Freight. Five miles east of Leadville ; derailment; frost raised the track causing rail to turn under engine ; three engines derailed ; damage, $104. 25. December 24, T884 — Freight. Kenosha; derailment ; defective switch; engine off track; damage, $2. December 25, 1884 — Passenger. Schwanders ; derailment; open switch; one pair trucks of coach off track ; damage, $12. December 28, 1884— Freight, Boreas ; derailment ; flanger knives caught on switch-rail ; flanger derailed ; damage, 2S45. December 29, 1884 — Work. Two miles east of Kokomo; derailment; snow and ice on track; one car derailed; damage, $44.25. ^ December 31, 1884 — Freight. Two miles east of Breckenridge ; derailment; snow and ice on track ; one car derailed ; damage, $1.25. RAILROAD commissioner's REPORT. 377 January 13, i88s — Freight. Como coal branch. ; derailment; snow and ice on track; dam- age, $32.23. January 17, 1885 — Freight. One-half mile west of Como; derailment; track spread; one engine left track and turned over, two others slightly damaged; damage, $586 ; two persons injured. January 21, 1885 — Freight. Wheatland; derailment; flanger knives struck guard rail; derailed flanger and caboose ; damage, J47.35. January 17, 1885 — Meadows; train collided with hand-car ; carelesseess ; hand-car demol- '' ished; damage, $72.50. January 24, 1885 — Freight. Boreas ; Hind end collision ; snow storm ; second section run into first section ; damage, $60, January 24, 1885 — Freight. Three miles west of Como ; derailment ; snow and ice on track ; two engines derailed ; damage, $6j'j.'2^ ; three persons injured. February 10, 1885 — Freight. Como coal branch ; cars damaged on siding ; cars left on siding too near main track and struck by passing train ; damage, $12.50. February 12, 1885 — Freight. Como ; derailment; stick of wood on track ; caboose derailed ; damage, $8. February 14, 1885 — Near Platte Canon; derailment; snow and ice on track; engine derailed; damage, $3.50. February 16,1885 — Freight. Como; derailment; open switch; one car derailed; dam- age, $3.40. February 18, 1885 — Freight. Como coal branch; cars damaged on siding; caft left on siding too near main track ; struck by passing train ; damage, $41.25. February 24, 1885 — Work, One-half mile west of Frisco ; derailment : snow and ice on tract; engine derailed; damage, $15. February 26,1885 — Freight. Two miles west of Como; derailment; snow and ice on track; engine and snow plow derailed; damage, $132. February 27, 1885 — Freight. Two miles west of Como; derailment; snow and ice on track; engine derailed ; damage, $5. February 28, 1885 — Freight. One-half mile east of Leadville ; derailment ; track raised by frost; engine and five cars derailed; damage, $1. March 4, 1885 — Freight. One mile west of Dickey ; derailment; snow and ice on track; engine derailed; damage, $2. March 6, i88s~-'Frelght. One and a half miles east of Jefferson ; derailment; snow and ice on track ; two engines derailed ; damage, $72. March 10,1885 — Freight, Selkirk; hind end collision; snow blockade and severe snow storm ; one engine ran into rear end of another that was stuck in the snow; damage, $470 ; one person injured. April 17,1885 — Freight, Kenosha; derailment; defective switch ; engine derailed ; dam- age, $12. April 28, 1885 — Freight, Buffalo ; derailment ; cause unknown ; engine off track ; dam- age, $15,50. June 30,1885 — Work. Eight miles west of Parlin's ; tail end collision ; weeds on track ; a' light engine ran into a caboose attached to an extra ; damage, $24. 48 378 , RAILROAD oommission:er's report. ADDITIONAL QUESTIONS. • EXPRESS COMPANIES, What Express companies run on your road, and on what terms, and what conditions as to rates, etc. ; what kind of business is done by them, and do you take their freights at the depot or at the office of such Express company ? Pacific Express Company. SLEEPING CARS. Do sleeping, parior or dining cars run on your road, and if so, on what terms do they run ; by whom are they owned, and what charges are made in addition to regular passenger rates? Contract with Pullman Palace Car Company by which the Union Pacific Com- pany acquired a three-fourths interest in the Pullman Palace cars running on its opera- ted lines. What is the total amount paid by your Company to palace or sleeping car companies, to what companies, and the amount paid to each? Please state fully the arrangement by which these cars run on your road, the terms, and who receives the earnings. No con- tract or arrangements with any company excepting the one mentioned in preceding article. UNITED STATES MAIL. What is the compensation paid you by the United States Government for the transportation of its mails on your road in Colorado, and on what terms of service? ^^19,266. 65 per annum. The United States prescribes the rates pursuant to the terms of the Revised Statutes, sections 4001-5, subject to the deductions of 10 per cent, imposed by the act of July '12, 1876, and 5 per cent, imposed by the act of June 17, 1878. What amount have you paid for receiving and delivering mail to and from stations on your road in Colorado ? ^1,494.60. TELEGRAPH. How many miles of telegraph are owned by your Company in Colorado? 312 miles, owned jointly with Western Union Telegraph Company, What other company, if any, ownes a line of telegraph on your right of way in Colorado, and how many miles do each own ? 137 miles of poles owned by the Western Union Telegraph Conjpany. LANDS— CONGRESSIONAL GRANTS. None. Date of original charter of the road, and that of any road consolidated with it, and the names of the companies? June 14, 1873. ' Are the bridges and trestles provided with guard rails? Yes. Do all bridges and trestles receive stated examinations ? Yes. How often ? Twice a year. By whom ? Inspector. Average number of cars in passenger train in Colorado ? 2.9 Average number of cars in freight train in Colorado? 10. Cost of all snow sheds and fences? 116,632.00, Cost of snow sheds and fences built during the year. ^1,478.40. Cost of repairs of snow sheds and fences during the year? 583,136.17. Cost of removing snow and ice from the track during the year? $55,525.17. RAILROAD commissioner's REPORT. 379 Has your Company any rule governing your conductors, engineers, trainmen and switch- men concerning the use of intoxicating liquors ? If so, what is it, and is it enforced? Rule ID. " The use of intoxicating drink by employes will be considered good cause for dismissal from the service." It is enforced. What are your rules, if any, in relation to examination for color blindness of employes whose duties require that they should readily distinguish the various colors used for sig- nals? No special rul^s covering examination for color blindness, but employes are tested on this point during examination on general rules. Have you in use any cars provided with an automatic coupler? All passenger, mail, bag- gage and express cars have the Miller coupler. Has your Company in contemplation the adoption of any kind of automatic coupler ? Ex- periments are now being ];nade with the Janney freight car coupler. What coal mines do you own and work, and where located ? None, WhaPstone quarries do you own and operate and where located ? None. Are you in any manner interested in either coal mines or stone quarries, other than as above specified ? No. State of Nebraska, :}■ County of Douglas, ^ ' I, Erastus Young, Auditor of the Denver, South and Pacific Railroad Company, being duly sworn, depose and say that I have caused the foregoing statements to be' prepared by the proper -officers and agents of this company, and, hav- ing carefully examined the same, declare them to be a true, full and correct answer to each and every question therein propounded, and that the same constitutes a true statement of the condition and affairs of said company on the thirtieth day of June A. D. 1885, to the best of my knowledge and belief Signed, Erastus Young, . [l. S.J Auditor. OF R. R, Subscribed and sworn to before me this fifteenth day of October, A. D. 1885. Leavitt Burnham, Notary Public. Received and filed in the office of the Commissioner of Railroads this twelfth day of September, A. D. 1885. Henry Felker, Secretary. REPORT Denver and Boulder Valley Railway Co. FOR THE YEAR ENDING JUNE 30, I?85. Officers and Offices of the Company Operating. OFFICIAL POSITION. NAME. LOCATION OF OFFICE. John Pierce W S Chesseman.. Secretary R. R. McCormick D.H.Moffat, Jr Denver, Colorado NAMES OF DIRECTORS* POSTOFFICE ADSRESS NAMES OF DIRECTORS. POSTOFFICE ADDRESS. S. M. Edgell D. H. Moffatt, Jr.. John D. Perry W. S. Chesseman.. Denver, Colo . John Pierce T. F. Oakes R. R. McCormick De , Colo.. *NoTE— Elected May 6, 1878. Executive Committee: None. The road is operated by the Union Pacific Railway Company for the bondholders. RAILROAD COMMISSIOWEE's RBPOET. CAPITAL STOCK. Number of shares issued, 70,000. Amount paid in Total common sto^k issued BONDED DEBT. • First mortgage bonds date October 16, 1870, due November i, 1900, rate of interest 7 per cent Total bonded debt r. FLOATING DEBT. Am't debt not secured by mortgage (not including unpaid interest on bonds) Total amount of paid-up stock and debt 381 $ 700,000 00 $ 700,000 00 $ 550,000 00 $ 550,000 00 $ 48,105 18 $ 1,298,105 18 COST OF ROAD. (.NO DATA.) COST OF EQUIPMENT. No equipment. Comp3.ny uses that of the Colorado Central Railroad Company. PROPERTY ACCOUNTS. CHARGES AND CREDITS BY WHICH THE CAPITAL AND DEBT HAVE BEEN INCREASED DURING THE YEAR, Depot grounds at Erie, Colorado Total for construction Net addition to property account for the year.. $ 390 00 t 39° °° t 390 °0 382 RAILROAD commissioner's REPORT. DESCRIPTION OF ROAD. ' \ MILES. ENTIRE LINE. LENGTH IN COLORADO. Lengih of main line of road from Brighton, Colo., to Boulder City 27 . 27 7.6 27 27 27 7.6 27 Weight per yard, iron 50 and 56 pounds. Gauge of track 4 feet SJ^ inches. Number of miles of telegraph owned by this company... None, Grade — maximum per mile j 52.8 feet. Longest maximum 4)7°° feet Curvature — shortest radius 955. 37 feet. Aggregate length of all radii 43,339 feet. Aggregate length of tangents 18 miles 4,181 feet. If any of the road was first opened»for operation during the past year, state the date None. Tot^l miles of road operated by this Company 27 miles. STATIONS. ENTIRE LINE. IN COLO- RADO. Number of stations on all roads owned by this company Number of stations on all roads operated by this company.. Number of "common points" Number of telegraph offices in stations EMPLOYES. Our records will not permit us to furnish this. EAILIiOAD COMMISSIONER S REPORT. 383 BRIDGES IN COLORADO. Wooden trestle and pile BOX CULVERTS IN COLORADO. Timber.. Stone CATTLE GUARDS. Number in Colorado Amount of timber used in renewals of wooden bridges during the year {feet B. M.) '. AGGREGATE LENGTH, 1,637 f^^^ 10,445 feet Give the average number of years the trestle and pile bridges last on your road in Colorado : 10 years. Give the average number of years the wooden truss bridges last on your road in Colorado : 12 years. ROAD-BED AND TRACK IN COLORADO. Number of track sections 4 Average length of sections 7 miles Average number of men in each section gang 5 Average number of ties per mile of road 2,464 Number of new ties laid in track during the year i4>787 Average number of new ties per mile of road 530 Average life of iron rails on main line 6 years Average life of ties ., 4 years Average life of joint fastenings , 8 years Average life of frogs 5 years CROSSINGS IN COLORADO. What railroad crosses your road at grade and at what locality : Denver, Longmont and Northwestern at Canfield. Colorado Central at Boulder. I Number of highway crossings at grade : 20. 384 RAILROAD COMMISSIONER S REPORT. FENCING IN COLORADO. How many miles of your road in Colorado are fenced? 15 -Ar What is the average cost per rod? .'... 75 cents What is the total cost of same? $ 3,648 00 ROLLING STOCK. Equipment furnished by the Union Pacific Railway Company. MILEAGE, TRAFFIC, ETC. Miles run by passenger trains during the year . Miles run by freight trains during the year Miles run by other trains during the year Total train mileage , 2 1 ,089 40,503 1,464 63,056 CARS AND WEIGHT OF TRAINS. Average number of cars in passenger trains 2 Average weight of passenger trains, exclusive of passengers 94,834 ft)S Average number of cars in freight trains •. 20 Average weight of freight trains, exclusive of freight 391,220 fl>s PASSENGER TRAFFIC. Number of through passengers carried Number of local passengers carried , Number of passengers carried east and south Number of passengers carried west and north Total number of passengers carried Total passenger mileage, or passengers carried one mile- Average distance traveled by each passenger Average amount received from each passenger Average rate of fare per mile for all passengers 6,75* 5,497 5,662 6,591 12,253 278,775 22.751 miles 94.9 cents 4.169 cents RAILROAD commissioner's REPORT, 385 FREIGHT' TRAFFIC. Number of tons of through freight carried Number of tons of local freight carried , Total tons of freight carried Total mileage of* through freight (tons carried one mile) ..... Total mileage of local freight (tons carried one mile) Total freight mileage, or tons carried one mile Average rate per ton per mile received for through freight . Average rate per ton per mile received for local freight, Average rate per ton per mile to move all freight 100,830 , 89,942 190,772 2,656,219 1,518,994 4,175,213 1,88 cents 2.09 cents T .95 cents CAR MILEAGE. Number of miles run by loaded freight cars east and south Number of miles run by loaded freight cars west and north Number of miles run by empty freight cars east and soutlj Number of miles run by empty freight cars west and north Total freight car mileage ; ; Percentage of empty freight cars hauled east and south, to all freight cars hauled east and south Percentage of enipty freight cars hauled west and north to all freight cars hauled west aftd north '. Percentage of empty freight cars, hauled in Colorado to all . freight cars hauled in Colorado 4 358,636 41,761 11,881 270,233 682,311 3.20 per cent 86.61 per cent 41.33 per cent SPEED OF TRAINS IN COLORADO. Rate of speed of passenger trains, including stops, miles, 22.4 per hour. Rate of speed of freight trains, including stops, miles, 11. 2 per hour. 49 386 KAILEOAB COMMISSIOWEE S REPORT. TONNAGE OF ARTICLES TRANSPORTED. ALL IN COLORADO. Grain Flour , Provisions (beef, pork, lard, etc.) Animals Other agricultural products Iron, leaji and mineral products Lumber and forest products Coal •.: 7 ^ Plaster, lime and cement , Salt : Petroleum and oil ., Steel and castmgs Stone and iron Manufactures — Articles shipped from point of production. Merchandise and other articles not enumerated above Total tons carried ". Tons. .16,474 4,705 47 165 2,158 2,387 1,310 154,656 168 31 33 223 7,3°7 28 1,080 Per Cent. 190,772 8.64 2 47 .02 .09 1-13 1.25 .69 81,07 .08 .12 3-83 ANALYSIS OF EARNINGS. Earnings — Passenger — From lotal passengers [§4,290 37] From through passengers [ 7,292 22] From excess baggage...... [ 41 67] From all passengers From mails , '. Total earnings passenger department Total passenger earnings in Colorado $ 11,624 46 1,302 25 $ 12,926 71 $ 12,926 71 RAILROAD COMMISSIONERS REPORT. 387- ANALYSIS OF EARNINGS. (continued.) Earnings per train mile [21,089 niiles] [jfo-S^] Earnings per mile entire line Earnings per mile in Colorado .' Earnings — Freight — Total earnings freight department »..., Total freight earnings in Colorado .....^ Earnings per train mile [40,503 miles] [$2-07] Earnings per mile entire line Earnings per mile in Colorado Earnings per mile in mails, express and other sources Earnings per mile in mails, express and other sources in Colorado...... Total transportation earnings ;.., Earnings per train mile run from all trains earning revenue miles] [61,592 .[JS1.55] Earnings per mile of road operated [27 miles] [fo)545 85] Proportion of earnings for Colorado'. Earnings from all other sources .'..., Telegraph earnings [$55 90] Total earnings from all sources .' Proportion of earnings for Colorado ; 1^ 441 73 441 73 83,811 33 $ 83,811 33 $ 3,104 12 3,104 12 48 23 48 23 $ 96,738 04 $ 96,738 04 55 90 $ 96,793 94 % 96,793 94 Of the earnings of the entire line, what is the ratio of the passenger to the freight ? As 13.87 to 100. / EXPENSES OF OPERATING THE ROAD FOR THE YEAR. CLASS I.— MAINTENANCE OF WAY AND BUILDINGS. Repairs of road-hed and track Renewal of rails [Number tons laid, iron 11 20I6,] Renewal of ties [Number laid, 14. 783.] Repairs of bridges, including culverts Repairs of fences, road crossings and cattle guards- Repairs of buildings, stations and water tanks Total t 14,085 99 385. 76 6,564 74 1,196 72 753 56 1,945 10 $ 24,926 B7 388 RAILROAD COMMISSIONERS REPORT. EXPENSES OF OPERATING. (continued.) CLASS 11.— MAINTENANCE OF MOTIVE POWER AND CARS. Repairs of locomotives Repairs of air brakes Repairs of passenger cars Repairs of freight cars Total GLASS III.— CONDUCTING TRANSPORTATION. Fuel for locomotives Water supply Oil and waste - Locomotive service - ■ Passenger and freight train service Passenger and freight train supplies Mileage of'passenger and freight cars (debit balance) Telegraph expenses and maintenance Damage and loss of freight and baggage Damages to property and cattle Personal injuries...'. - Agents and station service, including operators Station supplies Total „ $ 6,f266 01 165 09 308 75 1,913 48 % 8,653 Ji $ g,7Z2 69 883 48. 530 34 10,202 74 5,519 22 585 51 6,067 28 I 53 9 64 506 08 "8 35 4,038 50 129 22 $ 38,3=4 58 GENERAL EXPENSES AND TAXES. Salaries of general officers and clerks . Legal expenses Stationery and printing Outside agencies and advertising Contingencies Total taxes Total $ 2 25 746 20 501 61 2 00 50 00 7,238 52 $ 8,540 58 RAILEOAD commissioner's REPORT. 389 RECAPITULATION OF EXPENSES. Maintenance, of way and buildings Maintenance of motive power and cars Conducting transportation General expenses, including taxes Total operating expenses and taxes Operating expenses and taxes per njile of road operated [27 miles] $ 2,979 46 Operating expenses and taxes per train mile for trains earning revenue [61,592 miles] i 31 Proportion of operating expenses and taxes for Colorado Percentage of expenses to earnings 83.11 $ 24,926 87 8,653 33 38,3^ 58 8,540 58 $ 80,445 36 $ 80,445 36 390 RAILROAD COMMISSIOlSrER's REPORT J 1 w 4 > 00 00 H *" U o" W m u, m w td -A rr ^ 1 — > (/) {") w y, u 1— 1 u. Q\ D g n W w en J Pi J < < W > S W H O m iz; 1— ( / ^ D s Q tr; ^ !z; J ^ ffi < H w ^ S + I O K z o 3 IT) ■o ■s s ^ s, Ov 00 2 "^ ? s ^ >g eg 5; VO s 00 00 8 □0 00 CO OS CO [-^ in oJ ^ § ^ & ? >§> S s :? CTs M S M * t^ t-> -* -*■ ^ 4; •ja ^ I I Y, P to S < S EAILEOAD COMMISSIONER S REPORT. 391 » ■S' ro 00 00 oo + + + + •f + o VO in 1^ ^ ro 00 o •*■ « OS ? 2 s 2" CO H en M ^ [Ij ro a ^ -1 t^ VO ■ o n ^, ^ ro m m w ■* t^ \o Ci m IN lO m \o 00 00 t^ o\ c^ ir^ >o ■* rt- -^ H W 5^ M H a: C^ H :d 2 Q rn s W CO Z W PL| X w Ii « S. 1 4 rj CW + 1 1 < o\>o inTht^c^vo o\ai-* t>~ CO W CO Tf -*- -^l- M M \5 - fO H M CO "o" in 1? ys otT \d" t^ co" co" vo" \n -^ < o ' u z <; s 1 • CONDUCTING MONTHS. . TRANSPORTATION, I i I i i i i i i* i i i M ; i 3 1 < -J 5 C ) |2 I i 1 H 1 1 1 ■ I -> BAILEOAD COMMISSIONER S REPORT. 398 I ! ! CO N^ODiBOC ^U50»ft->- n ^ c^ ^ rt m H « C^'0\CTiN ^COVO lOlOO IN ION ThO mvooo o>H o fOoo ^*Nvo o\0 lOrnrot^fOiN w q\ o^ 00^ qj to ■* 00^ n_^ «^ co^ oj t^ lO'tC \ri \o in o" invo'vcT lovo" c^ I - i • 1- i 4. ° 1 1/ C C 1 i > :: i 1 < "• 1 ■ 1 1 1 c 30 394 RAILROAD COMMISSIONER'S REPORT. GENERAL EXHIBIT. Total earnings - Total expenses, including taxes Net earnings f. , Interest accruing during the year Interest paid during the year Floating debt liquidated during the year (not including unpaid interest),. 96,793 94 80,445 36 16,348 58 38,500 00 None 15,958 58 INCOME ACCOUNT. Income from earnings Total income from all sources for the year.. $ 96.793 94 $ 96.793 94 GENERAL RECAPITULATION. Total income Total operating expenses and taxes!....' Net income above operating expenses and taxes . Net income above operating expenses, taxes, interest and rental. Deficit Gross income per train mile run [61,592 miles] . $ 96,793 94 80,445 36 16,348 58 $ »!t,isi m $ 1 57J, Iff GENERAL BALANCE SHEET, AT THE CLOSING OF ACCOUNTS JUNE 30, 1885, OF THE DENVER AND BOULDER VALLEY RAILROAD COIVIPANY. The general books of this Company have not been turned over to the present officers, and no balance sheet can therefore be given. The capital stock account amounts to $ 700,000 00 Funded debt, first mortgage 7 per cent, bonds 550,000 00 STATISTICS OF TRAFFIC IN COLORADO. (Cannot furnish this.) Eailroad commissioner's kepoet, i w o < Ah H J D ro M O lO VI o t^ m f^ -d- \0 Cv C4 2 £ « "a" O CI b a. 1 0\ u^ t^ -^ \0 r*. w, ^o w Tt- rt- vo 00 O CI m ro ■^ \ «5. 8 1 : 1 8, " S S. f^ 1 I o . 3 S 8 «4 8B < O \0 ro o 1 1 £ 1 2 "a c (1 O J li ^ 396 KAILEOAD COMMISSIONER S REPOET. I— ( Q W w X H O H-l Q <; 00 Pi "• O 1-1 O p:i o CO H W Q O H W W H <^ H o w IB bO -d 1 a V (1 1 r^ rJ3 TJ S c 1 ' X o X ! [ti tuo a H U J! tC < ^ ■? < tc _c T3 X Id 'n ■ Ix 1 c *= 3 c tl ff n lii o § c 1- c Ph (1 (. U E •i U ^ £ o c rJa ! t [rt a -£ 5 -E 1- c > £^ < 1 Z c »- M fe < T ■ Cf iX « u gg c> 5 Q 0" t- 1 c. ^ -£ >, E £ cl ft 0. :> <■ c 4, rf ^ P ►2^ -. i RAILROAD commissioner's REPORT. 397 TABULAR STATEMENT OF ACCIDENTS. KILLED. INJURED. CAUSE OF ACCIDENT. PASSEN- GERS, EMPLOYES. OTHERS. PASSEN- GERS. EMPLOYES. OTHERS. Coupling cars 2 I Total 3 SUMMARY OF ACCIDENTS FOR COLORADO. Number of persons killed during the year None Number of persons injured during the year 3 Number resulting from lac]c of caution, carelessness or misconduct 3 TRAIN ACCIDENTS IN COLORADO, FOR THE YEAR EMBRACED IN THIS REPORT. None. ADDITIONAL QUESTIONS. EXPRESS COMPANIES. None. SLEEPING CARS. None. UNITED STATES MAIL. What IS the compensation paid you by the United States government for the transportation of its mails on your road in Colorado, and on what terms of service ? ^1,302.25. The United States prescribes the rates, pursuant to the terms of the Revised Statutes, sec- lions 4001-5, subject to the deductions of 10 per cent, imposed by the act of July 12, 1876, and 5 per cent, imposed by the act of June 17, 1878. What amount have you paid for receiving and delivering mail to and from stations on your road in Colorado? $115.82. , 398 RAILROAD commissioner's REPORT. TELEGRAPH. How many miles of telegraph are owned by your company in Colorado? None. What other company, if any, owns a line of telegraph on your right of way in Colorado, and how many miles do each own? None. LANDS— CONGRESSIONAL GRANTS. None. Date of original charter of road, and that of any road consohdated wiih it, and the names ' of the companies? Incorporated October 1,1870: Leased October ig, 1870, to the Denver Pacific Railway and Telegraph Company for 99 years. Interest on bonds being defaulted, the road was turned over to the trustees in September, 1879, and has since been operated for them by the Union Pacific Railway Company. Date when/main line (giving termini and length) was put in operation ? Completed to Boulder January i, 1874. 27 miles. Are the bridges and trestles provided with guard rails ? Yes. Do all bridges and trestles receive stated examinations ? Yes, How often ? Twice a year. By whom ? Inspector. Average number of cars in passenger train in Colorado : Two. Average number of cars in freight train in Colorado : Twenty. Cost of all snow sheds and fences : $739. Cost of repair^ of snow sheds and fences during the year : ^15.72. Cost of removing snow and ice from the track during the year : $72,01. Has your company any rule governing your conductors, engineers, trainmen and switchmen concerning the use of intoxicating liquors? If so, what is it, and is it enforced? Rule 10; the use of intoxicating drink by employes will be considered good cause for dis- missal from the service. It is enforced. What are your rules^ if any, in relation to examination for color blindness of employes whose duties require that they should readily distinguish the various colors used for sig- nals? No special. rules covering examination for color blindness, but employes are tested on this point during examination on 'general rules. Have you in use any cars provided with an automatic coupler? All passenger and baggage cars have the Miller couplers. Has your company in contemplation the adoption of any kind of automatic coupler ? Ex- periments are being made with the Janney freight car coupler. ' What coal mines do you own and work, and where located ? None. What stone quarries do you own and operate, and where located ? None. Are you in any manner interested in either coal mines or stone quarries other than above specified? No. EAILEOAD commissioner's EEPORT. 399 State of Nebraska, 1 County of Douglas, J ^^" I, Erastus Young, Auditor of the Denver and Boulder Val- ley Railroad Company, being duly sworn, depose and say that I have caused the foregoing statements to be prepared by the proper officers and agents of this Company, and, having carefully examined the same, declare them to be a true, full and correct answer to each and every question therein propounded, and that the same constitutes a true statement of the condition and affairs of said Company, ori the thirtieth day of June, A. D. 1885, to the best of my knowledge and belief Signed, Erastus Young, [l. s.J Auditor. OF R. R. Subscribed and sworn to before me, this fifteenth day of October, A. D. 1885. Leavitt Burnham, [l. s.J Notary Public. Received and filed in the office of the Commissioner of Railroads this twelfth day of December, A. D. 1885. Henry Felker, Secretary. REPORT Denver and Middle Park Railroad Co., FOR THE YEAR- ENDING JUNE 3O, 1 88 5. Officers and Offices of the Company Operating. OFFICIAL POSITION, NAME. LOCATION OF OFFICE. President , S. H. H. Clark T. L. Kimball Vacancy Vacancy Omaha, Nebraska Secretary NAMES OF DIRECTORS. POSTOFFICE ADDRESS. NAMES OF DIRECTORS. POSTOFFICE ADDRESS. S. H. H. Clark.. T. L. Kimball... T. M. Orr Omaha, Nebraska.. Omaha, Nebraska.. Omaha, Nebraska.. Godfrey McDonald.. One vacancy ..Chicago, Illinois Executive committee.. None CAPITAL STOCK. Amount authorized by articles of association ^1,000.000 00 BONDED DEBT. First mortgage bonds authorized, not issued $ 400,000 00 Total bonded debt authorized ^ 400,000 00 RAILROAD COMMISSIONERS REPORT. 401 COST OF ROAD. Cost of construction, entire line, completed to June 30, 1885 $ 29,720 90 Is your construction account closed? No If the road was not built by the present owners, state cost of road to them $ 29,720 90 I DESCRIPTION OF ROAD.* Entire Line. Length in Colorado. Length of main line of road from Junction, near Ralston, to end of track Length of double track on main line. Length of three-rail track on mainline , Total length of main line and branches Aggregate length of sidings and other track not above Aggregate length of track completed as single track, exclusive of ' sidings '. Nupiber of miles of iron rail 3-92 None None 3-92 .22 3-92 3-92 [Weight per yard, iron, 35 pounds.] Gauge of track, 3 feet. Number of miles of telegraph owned by this company? None. Grade — Maximum per mile, 119 feet. Longest'maxjmum, 2,500 feet. Curvature — Shortest radius, 573.69 feet. Aggregate length of all radii, 9,475 feet. Aggregate length of tangents, 2 miles 1,085 feet. *Trains are only run when business demands. 51 402 RAILROAD COMMISSIONEK S REPORT. STATIONS. Entire Line. ■ In ^Colorado., Number of stations on all roads owned by this company Numbey of stations on all roads operated by this company Number of "common points" Number of telegraph offices in stations None EMPLOYES. Our records will not permit us to furnish this. BRIDGES IN COLORADO. AGGREGATE LENGTH. Wooden trestle and pile , BOX CULVERTS IN COLORADO. Timber Stone CATTLE GUARDS. Number in Colorado.. 192 feet BRIDGES BUILT WITHIN THE YEAR IN COLORADO. LOCATION. KIND. MATERIAL. WHEN BUILT LENGTH IN. FT. Trestle Trestle Trestle , Trestle Dec. 1884 Dec. 1884 Dec. 1884 Dec. T884 48 48 48 48 Give the average number of years the trestle and pile bridges last on your road in Colo- rado: 10 years. Give the average number of years that wooden tiruss bridges last on your road in Colorado: 12 years. RAILROAD commissioner's REPORT. 40;^ ROAD-BED AND TRACK IN COLORADO. Number of track sections „ One. Average length of sections < 3.92 miles. Average number of men in each section gang Three. Average number of ties per mile of road 2,750. Number of new ties laid in track during the year 479, Ayerage number of new ties per mile of road t2c. New rails laid in track during the year, steel None. Average life of ties Four years. Average life qf joint fastenings .^,.. Five years. Average life of frogs Six years. CROSSINGS IN COLORADO. No railroad crosses this road. Number of highway crossings at grade : Three. FENCING IN COLORADO. None. ROLLING STOCK. Equipment furnished by Union Pacific Railway Company. MILEAGE, TRAFFIC, ETC. Miles run by passenger trains during the year 16 Miles run by freight trains during the year * ,. - 962 Miles run by other trains during the year 440 Total train mileage ^ j 1,418 / 404 KAILROAD COMMISSIONER S REPORT. CARS AND WEIGHT OF TRAINS. Average number of cars in freight trains Average weight of freight trains, exclusive of freight.. 3 36,837 lbs FREIGHT TRAFFIC. Number of tons of local freigM carried Total tons of freight carried Total mileage of local freight (.tons carried one mile) Total freight mileage, or tons carried one mile.. Average rate per ton per mile received for local freight s. Average rate per ton per mile to move all freight 18,458 18,458 4.96 cents. 4.96 cents. CAR MILEAGE. Number of miles run by loaded freight cars east and south ,. Number of miles run by loaded freight cars west and north . Number of miles run by empty freight cars east and south ... Number of miles run by empty freight cars west and north... Total freight car mileage 1,448 J 52 Percentage of empty freight cars hauled east and south to all freight cars hauled east and south : 1.40 per cent. Percentage of empty freight cars hauled west and north to all freight cars hauled west and north : 86.74 per cent. Percentage of empty freight cars hauled in Colorado to all freight cars hauled in Colorado : 46,52 per cent. RAILEOAD COMMISSIONER S REPORT. 405 TONNAGE OF ARTICLES TRANSPORTED. ALL IN COLORADO. P«r cent. Agricultural products Lumber and forest products Coal Plaster, lime and cement Steel and castings Stone and brick Merchandise and other articles not enumerated above . Total tons carried , 9° 674 ,8 3,723 33 .oz .04 1.99 14.87 .18 82.17 •73 ANALYSIS OF EARNINGS. Total earnings freight department Total freight earnings in Colorado Earnings per train mile [962 miles] [$o 94] Total transportation earnings .".. Earnings per train mile run from all trains earning revenue [962 miles], [$o 94] Earnings per mile of road operated [3.92 miles] ,... [S233 71] Proportion of earnings for Colorado Total earnings from all sources ■ Proportion of earnings for Colorado $ 916 14 $ 916 14 $ 916 14 $ 916 14 $ 916 14 $ 9»6 14 What per cent, are the earnings in Colorado of the earnings of the entire line. All. 406 EAILROAD commissioner's REPORT- EXPENSES OF OPERATING THE ROAD. FOR THE YEAR. CLASS T— MAINTENANCE OF WAY AND BUILDING?. Repairs of road-bed and track Renewal of rails .■ [Number tons laid, iron, 19 3 3 ] Renewal of ties [Number laid, 479.] Repairs of fences, road crossings and signs Repairs of buildings, stations and water tanks Total. ..^ CLASS II— MAINTENANCE OF MOTIVE POWER AND CA'RS Repairs of locomotives Repairs of freight cars Total i CLASS III— CONDUCTING TRANSPORTATION. Fuel for locomotives, Water supply Oil and waste Locomotive service Passenger and freight train train service Passenger and freight train supplies Mileage of passenger and freight cars (debit balance) Damages to property and cattle Agents and station service * Total ; GENERAL EXPENSES AND TAXES. Stationery and printing , Total $ 679 41 328 45 196 II 62 17 z 62 $ I ,267 76 $ 43 08 S2 54 $ 95 62 s 158 79 7 30 .7 79 175 53 272 79 9 19 35 94 5B 193 II $ 861 i02 $ 14 96 $ 14 96 RAILBOAD COMMiSSIONER S EEPOJBT. 407 RECAPITULATION OF EXPENSES. Maintenance of way and buildings Maintenance of motive power and ears Conducting transportation 1 General expenses^ including taxes *.. Total operating expenses and taxes Operating expenses and taxes per mile of road operated [3-92 miles] ,..' $ 57T 52 Operating expenses and taxes per train mile for trains earning revenue [g6a miles] * 2 33 Percentage of expenses to earnings.... 244-45 $ 1,267 76 95 62 861 02 14 96 '$ 2,239 36 408 EAILBOAD COMMISSIONEE S EEPORT. 00 >^ 00 J w O > m l-l w h f) s^ W D Oh y) t^ W ^ u, 1 — 1 Q w '^ C) W 0^ oi D < o ;^ J fe • 01 * »ft w 00 e? in ^ « « H o m ffl -^ '' " S 5 S M M + INCREASE OR — DECREASE. ' 8 «? i8 I- '^ S^ K ii (A is cd « W O H H 00 ro vo (^ CO o\ in •O >0 vo ro t^ w « H W H OS a H ■ o 00 i ^ i J i < ■ 1 ■» RAILROAD COMMISSIONERS REPORT. 409 1^ 00 OCJ ^ o" CO w z ^ rri X c^ hH Z J )— 1 Q H Z K W h P^ Z < W W 1 >H (/J w fe tfl h-1 '- -1 O ITI /5 h l-H 2; D o Q S f/i W CO 2 w PL, X W i Ln tin 00 « lo -4- ' w rr. H o in oi o o u s-g + 1 s o H ■ H ro N 00 O N W vo (O I/) O \0 •o 0\ in CO in -^ t^ CO in - M oo - M ro \D in ^ -ft »>1 J - u Zi 3 H o S CO i > ^ rt 3 1 ib rt P < > ■1 1 1 410 RAILROAD commissioner's REPORT. GENERAL EXHIBIT. T"otal earnings $ gi6 14 Total expenses, including taxes 2,239 3^ Net earnings Deficit 1,323 HH Interest accruing during the year No bonds issued INCOME ACCOUNT. Income from earnings $ 916 14 Total income from all sources , $ 916 14 GENERAL RECAPITULATION. Total income $ 916 14 Total operating expenses and taxfes 2,239 3^ Net income above operating expenses and taxes ~. Deficit S 1,3/23 /33 Gross income per train mile run [962 miles] $0.94. GENERAL BALANCE SHEET AT THE CLOSING OF ACCOUNTS, JUNE 30, 1885, OF THE DENVER AND MIDDLE PARK RAILROAD COMPANY. DEBITS. AMOUNT. CREDITS. AMOUNTS. $ 29,720 90 1,323 22 $ 31,044 12 $ 31,044 12 $ 31.044 12 STATISTICS OF TRAFFIC IN COLORADO. Cannot furnish this. RAILROAD COMMISSIOlSrER S REPORT. 411 BUSINESS AND RECEIPTS. JANUARY r TO JUNE 30, 18 ' FREIGHT. PASSENGERS, Total Revenue. STATIONS. Tons for- warded. Tons received. Revenue, Number from. Number to. Revenue. 4,385 $ 57 67 $ 4,413 44 STATEMENT OF ACCIDENTS. None. TRAIN ACCIDENTS IN COLORADO. None, ADDITIONAL QUESTIONS. EXPRESS COMPANIES. None. SLEEPING CARS. None. UNITED STATES MAIL. No mail carried. TELEGRAPH. None. Date of original charter of the road and that of any road consolidated with it, and thd names of companies. Incorporated April 17,1883. Aim the bridges and trestles provided with guard rails? Yes. Do all bridges and trestles receive stated examinations ? Yes. How often? Twice a year. By whom ? Inspector. 412 RAILROAD COMMISSIONERS REPORT. Average number of cars in freight train in Colorado : Three. Cost of removing snow and ice from the track during the year : ^18.75. What coal mines do you own and work, and where located? None. What stone quarries do you own and operate, and where located? None. Are you in any manner interested in either coal mines or stone quarries, other than as above specified? No. State of Nebraska, ) County of Douglas, J I, Erastus Young, Auditor of the Denver and Middle Park Railroad Company, being duly sworn, depose and say that I have caused the foregoing statements to be prepared by the proper officers and agents of this company, and, having carefully examined the same, declare them to be a true, full and correct answer to each and every question therein propounded, and that the same constitutes a true statement of the condition and affairs of said, company on the thirtieth day of June, A. D. 1885^ to the best of my knowledge and belief Signed, Erastus Young, [l. S.J Auditor. OF R. R. Subscribed and sworn to before me, this fifteenth day of October, A. D. 1885. Leavitt Burnham, [l. S.J Notary Public. Received and filed in the office of the Commissioner of Railroads, this twelfth day of December, A. D. 1885. Henry Felker, Secretary. REPORT Greeley, Salt Lake & Pacific Railway Co., FOR THE YEAR ENDINfe JUNE 30, 1 88 15. Officers and Offices of the Company Operating. OFFICIAL POSITION. NAME. LOCATION OF OFFICE. President :.... Charles F. Adams, Jr Boston, Mass. Secretary Henry McFarland Boston, Mass. S. R. Callaway S. T. Smith General Superintendent , Omaha, Neb. Chief Engineer J. Elickensderfer J. J. Dickey Superintendent of Telegraph- Omaha, Neb. Auditor Erastus Young Omaha, Neb. General Passenger Agent J.W.Morse Omaha, Neb. P.P.Shelby John F Dillon Omaha, Neb. NAMES OF DIRECTORS. FOSTOFFICE ADDRESS. NAMES OF DIRECTORS. FOSTOFFICE ADDRESS. Charles F. Adams Elisha Atkins Boston, Mass Ezra H. Baker Boston, Mass. New York City Omaha, Neb. Fred. L, Ames F. Gordon Dexter Boston, Mass Boston, Mass S. Callaway 414 RAILROAD COMMISSIOIS'ER S l^EPORT. Executive committee None Date of annual election of directors Second Tuesday in April of each year Location of general offices Boston, Mass. Name and address of person to whom correspondence concerning this report should be directed Henry McFarland, Sc-c'y and Treas., Boston, Mass , or Erastus Young, Auditor, (Jmaha, Neb, CAPITAL STOCK. Amount authorized by articles of association Number of shares issued; 8,085, Amount paid in . Total common stock issued b 3,000,000 00 808,500 CD $ 808,500 00 BONDED DEBT. First mortgage bonds, date - cent , due June i, 1913 ; rate of interest 7 per Total bonded debt . g 808,000 CO $ 808,000 00 COST OF ROAD. Cost of construction, entire line $ 1,616,500 00 Is your construction account closed ? No The value of all other property owned by the corporation $9,671 86 DESCRIPTION OF ROAD. Entire Line. L="g'h in Colorado. Length of main line of road from Greeley to Stout, Colo BRANCHES : From Boulder to Pennsylvania Gulch Total length of main line and branches Aggregate length of sidings and other track notabove .... Aggregate length of track computed as single track, exclusive of sidings 3946 14.44 53-90 10.42 5390 39 46 14.44 53-90 10.42 5390 KAILROAD COMMISSIONER S REPORT. 415 DESCRIPTION OF ROAD. (continued.) 39-46 1444 39-46 14.44 Number of miles of steel rail [Weight per yard, steel, 40 pounds] [Weight per yard, iron, 56 pounds.] Gauge of track : 39.46 miles, 4 feet 8% inches ; 14 44 miles, 3 feet. f . Number of miles of telegraph owned by this company : 39.46 owned by Union Pacific Railway Company ; 14.44 jointly.. Aggregate length of tangents..39 miles 5,074 feet Total miles of road operated by this company 53.90 S3.90 STATIONS. In Colorado. Number of stations on all roads owned by this company Number of stations on all roads operated by this company.. Number of ''common points" ' Number of telegraph offices m stations 3 6 EMPLOYES. Our records will not permit us to furnish this. 416 RAILROAD COMMISSIONER S REPORT. BRIDGES IN COLORADO. i AGGREGATE Wooden truss bridges Wooden trestle and pile BOX CULVERTS IN COLORADO. Timber Stone i CATTLE GUARDS. Number in Colorado Amount of timber used in renewals of wooden bridges during the year (feet B.M.) Amount of piling used in renewals of wooden bridges during the year (lineal feet) 5 US 90 15 275 feet 4, 968 feet 9,886 feet 258 feet BRIDGES BUILT WITHIN THE YEAR IN COLORADO. LOCATION. MATERIAL. WHEN LENGTH BUILT. IN FEET. 22,8 miles from Greeley.. La Porte I mile from Stout Trestle.. Trestle.. Trestle.. Eastern pine... Feb. 1885 Eastern pine... Mar. 1885 Eastern pine .. Mar. 1885 24 7 Give the average number of years the trestle and pile bridges last on your road in Colo- rado : 10 years. Give the average number of years that wooden truss bridges last on your road in Colorado : 12 years. ROAD-BED AND TRACK IN COLORADO. Number of track sections 7 Average length of sections 7.4 miles. Average number of men in each section gang 4 Average number of ties per mile of road 2,640 RAILEOAD commissioner's REPORT. Number of new ties laid in track during the year....* 4,^3^ Average number of new ties laid per mile of road 80 New rails laid on track during the year None. Average life of iron rails on main line 6 years. Average life of steel rails on main line 8 years. Average life of ties 4 years. Average life of joint fastenings 10 years. Average life of frogs 5 years. 417 CROSSINGS IN COLORADO. \yhat railroad crosses your road at grade, and at what locality? Colorado Central at Fort Collins. Number of highway crossings at grade ? Thirty-three. Number of highway crossings under railroad? Seven, FENCING IN COLORADO. None. ROLLING STOCK. Equipment furnished by the Union Pacific Railway Company. MILEAGE, TRAFFIC, ETC. Miles run by passenger trains during the year.. Miles run by freight trains during the year Miles run by other trains during the year Total train mileage 40,119 34.690 5.254 80,063 CARS, AND WEIGHT OF TRAINS. AverE^ge number of cars in passenger trains Average weight of passenger trains, exclusive of passengers . Average number of cars in freight trains , 2.6 87,441 K)s 12,5 Average weight of freight trains, exclusive of freight '•iggjOoo Sis 53 418 RAILROAD COMMISSIONERS REPORT. PASSENGER TRAFFIC. Number of through passengers carried 7.... 2,827 Number of local passengers carried 2o,£8i Number' of passengers carried east and south :'. 10,660 Number of passengers carried west and north 135048 Total number of passengers carried ^3»7oS Total passenger mileage, or passengers carried one mile ., 424,969 Average distance traveled by each passenger 17-925 miles Average amount received from each passenger 76.5 cents Average rate of fare per mile for all passengers 4.266 cents FREIGHT TRAFFIC. Number of tons of through freight carried i6,ig6 Number of tons of local freight carried 42,183 Total ^pns of freight carried 59)379 Total mileage of through freight (tons carried one mile) 1,448,410 Total mileage of local freight (tons carried one •mile) 487,104 Total freight mileage, or tons carried one mile i,935,5i4 Average rate per ton per mile received for through freight 1.61 cents Average rate per ton per mile received for local freight 4.38 cents Average rate per ton per mile to move all freight .V. 2.30 cents CAR MILEAGE. Number of miles run by loaded freight cars east and south 184,860 Number of miles run by loaded freight cars west and north 31,028 Number of miles run by empty freight cars east and south 11,362 Number of miles run by empty freight cars west and north 138,971 Total freight car mileage 366,221 Percentage of empty freight cars hauled east and south to all freight cars hauled east and s%uth 5,79 Percentage of empty freight cars hauled west and north tp all freight cars hauled west and north,. * 81.75 Percentage of empty freight cars hauled in Colorado to all freight cars hauled in Colorado 4^.05 RAILBOAD COMMISSIONERS EEPOKT. 419 SPEED OF TRAINS IN COLORADO. Rate of speed of passenger trainSj including stops, miles : 24 per hour. Rate of speed of freight trains, including stogs, miles ; 9 per hour. TONNAGE OF ARTICLES TRANSPORTED. ALL IN COLORADO. TONS. PER CENT. Grain Flour Provisions (beef, pork, lard, etc.).., Animals • Other agricultural products Iron, le^d and mineral products - Lumber and forest products Coal Plaster, lime and cement Salt : Petroleum and oil Steel and castings Ston^and brick < Manufactures — Articles shipped from point of production- Merchandise and other articles not enumerated above Total tons carried 8,032 I3-53 3,638 6.13 71 .12 451 .76 1,480 2.49 1,391 2-34 4,727 7.96 1,526 2.57 62 .11 5 .CI 23 .03 323 •54 34.467 58.65 78 •13 3.105 5-23 59.379 100 420 RAILROAD COMMISSIONER S REPORT. ANALYSIS OF EARNINGS. Earnings — passenger — from local passengers [jS i6j333 34] From through passengers ?. [ i,68o 44] From excess baggage [ 113 55] From all passengers ••••■ From mails Total earnings passenger department Total passenger earnings in Colorado Earnings per train mile [40,119 miles] [$ 0.52] Earnings per mile entire line Earnings per mile in Colorado Total earnings— freight department. Earnings per train mile [34,690 miles] [$ 130] Earnings per mile entire line Earnings per mile in Colorado , Earnings per mile in mails, express and other sources Earnings per mile in mails, express and other sources in Colorado Total transportation earnings Earnings per train mile run from 'all trains earning revenue [74,809 miles] [ $0.88] Earnings per mile of road operated [53.90 miles] [$1,223 S^] Proportion of earnings for Colorado Rents received for use of stations, etc Earnings from all other sources Telegraph earnings. .^ [J 70 54] Total earnings from all sources '. Proportion of earnings for Colorado $ 18,127 33 2,755. 97 $ 20,883 .10 $ 20,883 30 S387 45 387 45 $ 45,082 76 $836 41 836 41 SI 13 51 13 $ 65,966 06 $ 65,966 06 534 00 620 63 $ 67,120 J2 $ 67,120 69 What per cent are the earnings in Colorado of the earnings of the entire line All pf the earnings of the entire line, what is the ratio of the passenger to the freight? As 40.21 to 100. RAILEOAD COMMISSIONER S REPORT. 421 EXPENSES OF OPERATING THE ROAD. FOR THE YEAR. CLASS L— MAINTENANCE OF WAY AND BUILDINGS. Repairs of road-bed and track Renewal of rails ...... [Number tons laid, iron, 36 1.6 80 ] Renewal of ties [Number laid, 4,132.] Repairs of bridges, including culverts Repairs of fences, road crossings and cattle guards Repairs of buildings, stations and water tanks Total CLASS II— MAINTENANCE OF MOTIVE POWER AND CARS. Repairs -of locomotives Repairs of air brakes Repairs of passenger cars , Repairs of freight cars Total CLASS III— CONDUCTING TRANSPORTATION. Fudl for locomotives, engine house and shops Water supply Oil and waste Locomotive service Passenger and freigh.t train service Passenger and freight train supplies Mileage of passenger and freight cars (debit balance) Telegraph expenses and maintenance Damage and loss of freight and baggage a Damage to property and cattle , , Personal injuries , Agents and station service^ including operators Station supplies t Total $ 15,666 II 1,783 5,0 I 2,669 °7 228 30 1,087 65 $ 22,299 ^^ $ 5,645 81 224 24 666 37 1.337 64 $ 7,874 06 $ 13,155 48 =46 4' 544 73 13.731 29 8,214 10 516 49 5,894 38 2 93, 2 4" i,°47 85 853 78 4,745 37 259 55 $ 49,214 78 422 RAILROAD COMMISSIONER S REPORT. GENERAL EXPENSES AND TAXES. Salaries of general officers and clerks., Legal expenses Stationery and printing Outside agencies and advertising , Contingencies Total taxes, all in Colorado Total $ «6 91 959 50 870 91 J 19 53 14 02 17.043 45 $ 19,064 32 RECAPITULATION OF EXPENSES. Maintenance of way and buildings Maintenance of motive power and cars Conducting transportation General expenses, including taxes ^.. Total operating expenses and taxes Operating expenses and taxes per mile of road operated [53.90 miles] $1,826 57 Operating expenses and taxes per train mile for trains earning revenue [74,809 miles] $ i 32 Proportion of operating expenses and taxes for Colorado Percentage of expenses to earning [146.68]. $ 22,299 ^^ 7,874 06 49,214 78 19,064 32 i,452 27 RAILROAD COMMISSIONERS REPORT. 423 00 00 O m ■w I — . 'z Q 2 W c/) Pi < >^ w H O I— ' Pi D P in O I — I Pi < w > H O w CL W W ffi - W o a; D o J <: DC O z )—i z w ;>^ H o So 5 O K H Z O a> u) to i:- "» fft w >n 10 o !D 01 ■^h t^ in o m ■* '•o m O CM in in P-. r^ M in q^ 4. ^ "- "^ O* VD CO H m » m 1^ s s 1 o a P < s 424 RAILROAD COMMISSIONERS REPORT. CO < W >H W X H Pi g P s Q LO a ^; t-H P^ <: "3 a o on M CD * w O O « O te m rt W w « fTJ on m fr w on en -K H ■] <* * « N U5 « « « s- I + I I I If) CO CO vo H ro ■tf- 00 M N Wl 1 1 1 1 H ■* CO o;gp^hS^S RAILEOAD COMMISSIOKEE S KEPOET. 425 li-l 4 00 00 t-H d" ro w w ;z; ^ D h- ( c-j U ?? (X t— I »—( Q h rn w f^ w 2 > w M X ffi w H 1^ O J ^ E 1 — 1 rn W r/) ^ W Ph X w si u .2 00 »n o\ 'O Oi ■ja 5\ o\ a* O H_ H "1 ov o; ^o. oo_ b. O O OS a a U » [Ei - ' a V 1 o t^ 00^ in lo" \o" 'otT pC ON hi w g H Z — M H i 00 1 ' g i. c i p e : c >- > 1 " •- 1 ■ 426 EAILROAD COMMISSIOJSTEe's REPORT. < > W K H O Z h— I Q CO W z W X w is 1^ CO CTi 00 4 in in t- E^ 0\ : "3 Z Y{ til O OS M 00 Jfi « CO o X 01 fc- «l " ° 115 O W « 3 « « H Tl- ■O [^ ■*• H DO t^ H yD in "t; coa) com « o\m inm 'i-N O « «rOOO\-*M OiCO OOmOO t^OOCTiW OO^^Cl i-i fO h" «" «■ m" 1 l-^-fl 1 I++I+ + 00 + ^ ff^-ffg aas'-s s°3-s,'=3- coooDO inoo --hN cchvOHO « CO O^OVD 0\t^iH ->*-i-'0>0 fO "t H t "t °« '^; °^ '°-, "^ "^ "^ "^ cC xo" vo" "o" vd" lo" oo" i>: ol vd" oo" CO ■94 00 < u w Id u K <1 S < Is o ?; h » S H o i 1 o o £ a DO c c c .1 1 .| '1 a 1 1 1 RAILKOAD COMMISSIOKEE S REPORT. 427 GENERAL EXHIBIT. Total earnings Total expenses, including tSixes Net earnings Deficit Interest accruing during the year Interest paid during the year : None. Interest falling due during the year and not paid INCOME ACCOUNT. Income from earnings Total income from all sources for the year GENERAL RECAPITULATION. Total income Total operating expenses and taxes ; Net income above operating expenses and taxes Deficit Net income above operating expenses, taxes,' interest and rental. ..Deficit Gross income per train mile run [74,809 miles] 89.7 cents. $ 67,120 69 98,452 27 31,331 58 56,560 GO 56,560 00 $ 67,120 69 $ 67,120 69 $ 67,120 6g 98,452 27 31,331 58 87,891 58 GENERAL BALANCE SHEET AT THE CLOSING OF ACCOUNTS JUNE 30, 1885, OF THE GREELEY, SALT LAKE AND PACIFIC RAILWAY COMPANY. Debits. Cost of road and fixtures $ 1,616,500 00 Stone quarry 9,^7^ 86 Income account 164,627 40 $ 1,790,799 26 Capital stock Funded debt Accounts payable... Credits $ 808,500 00 808,000 00 174,299 26 $ 1.790,799 26 STATISTICS OF TRAFFIC IN COLORADO. (Cannot furnish this.) 428 RAILROAD COMMISSIONER'S REPORT. H p-i I — 1 W u w Q < in tn W CO ID en H O ^; tn . e?. r^ Tp h" m" w g. gg d a g vo 00 N C^ \D -^ IT) rrj 1 M o l-H O 1 J n; 1 if t C 1. 1 6 J. "a 1 t- . i ° 2 c E- RAILROAD commissioner's REPORT. 429 P4 < > w K H O p4 ID P o Q < Pi O hJ o u Pi O 00 00 o I — . o W Q U U < o o P-I w Q w 1-1 ,£ 1 1 -..f^ > g ■5 1—. cd 2 *o h o t o J-i CI cri 3 , c c ft E "u ■^ c A_ • '" ^ • y ',^ 4. S 13 O t r= C 13 u < 5^ e g a 1 s ! 3 u 2 "^ ^h" -^ ' \ K O H •a! a< D u g J, c c a ^ >5 < ■5 c I "S < ■- i •■ ;? 1 > "* > ^ V 4 E c c c i 3 > 'e S «' a a a GO CO a 00 a oc a a QQ <; Q ^ ^ a CO « CO a cc « a M c M « W = ^ ^ ^ = P eu 5 1 t 1 E D U) b } b b Q b bJO P P P : p p <; < < < < < <: <5 < <: 1 430 RAILROAD commissioner's REPORT. 1 li m "i 3 13 ^ > « .S " -a S 1 1 S^« .5 U rtT3 rt hJ -^=1 S Qi ^4 Qi Pi CO i 'S.& ij-^ < ' If) u 5fi U ^ c 3 'O H ^ ^ n c u 1 u ,^ c M )h □ , ■ rC •? ' w o 2 k. f »< B L 1 '' S u ^ o q: s it u c t: p< _i B 1^ ^ S z Ed u < M' 0- V c 1 u CT ir 6 z o < u & C c 1 u ,2 -a u _£ ;E! o en rt Q c c 1 a 2 & p^ -1 .2 t ;3 ^ rt fe" H ■I H cc < 00 n s 1 H T ^ ex Li3 < < ^ \ RAILROAD C0MMISSI0in5R S REPORT. 431 TABULAR STATEMENT OF ACCIDENTS. KILLED. INJURED. CAUSE OF ACCIDENT. Passen- gers. Employes Others. Passen- gers; Employes, Others. Falling from trains Miscellaneous I lO 2 Totals lO I 2 SUMMARY OF ACCIDENTS FOR COLORADO. Number of persons killed during the year ] Number of persons injured during the year Number of casualties purely accidental during the entire year Number resulting from lack of caution, carelessness or misconduct i Number of persons injured while intoxicated TRAIN ACCIDENTS IN COLORADO, FOR THE YEAR EMBRACED IN THIS REPORT. Whether attended by injury to persons or not ; give date and place of accident if passenger or freight train ; nature and cause ; particulars and extent of injury to train; number killed and number injured. August 28, 1884— One and three-quarters miles east of Windsox", Colorado; circus train; fire ; car used by circus employes as sleeper took fire in moving train and burned to trucks ; ten men burned to death and nine others more or less injured; car owned by Anglo American Circus Company; Circus Co. cen- sured by Coroner's jury. ADDITIONAL QUESTIONS. EXPRESS COMPANIES. None. SLEEPING CARS. None. UNITED STATES MAIL. ^ What is the compensation paid you by the United States Government for the transportation of its mails on yoiu- road in Colorado, and on what terms of service? $2,755.97 per 432 JRAILROAD COMMISSIONEk's REPORT. annum. The United States prescribes the rates pursuant to the terms of the Revised Statutes, sections 4001-5, subject to the deductions of 10 per cent, imposed by the act of July 12, 1876, and 5 per cent, imposed by the act of June 17, 1878. This allowance is not deemed sufficient nor lawful by this railway company. What amount have you paid for receiving and delivering mail to and from stations on your road in Colorado? $72.00. TELEGRAPH, How many miles of telegraph are owned by your company in Colorado? Twenty-eight miles, owned jointly with Western Union 'i'degraph Company. What other company, if any, owns a line of telegraph on your right of way in Colorado, and how many miles do each own? None. LANDS— CONGRESSIONAL GRANT. (Njone.) Date of original charter of the road and* that of any road consolidated with it and the names of the companies? Incorporated January 17, 1881. , Date when main line (giving termini and length) was put in operation ? July, 1882; 53. 90 miles. Are the bridges and trestles provided with guard rails? Yes. Do all bridges and trestles receive stated examinations ? Yes. How often ? Twice a year. By whom ? Inspector. Average number of cars in passenger train in Colorado : 2.6 Average number of cars in freight train in Colorado ; 12.5 Cost of all snow sheds and fences i $ ij759 00. Cost of repairs of snow sheds and fences during the year: $ 207.94. Cost of removing snow and ice from the track during the year : $ 275.15. Has your Company any rule governing your conductors, engineers, trainmen and switch- men concerning the use of intoxicating liquors? If so, what is it, and is it enforced ? Rule 10. " The use of intoxicating drink by employes will be considered good cause for dismissal from the service." It is enforced. What are your rules, if any, in relation to examination for color blindness of employes whose duties require that they should readily distinguish the various colors used for sig- nals? No special rules. Employes are tested. Have you in use any cars provided with an automatic coupler ? Passenger, mail, baggage and express cars have the Miller couplers. * What coal mines do you own and work, and where located? None, What stone quarries do you own and operate, and where located? None. Are you in any manner interested in either coal mines or stone quarries, other than as above specified? No. RAILROAD commissioner's REPORT. 433 State of Nebraska, 1 County of Douglas, J ' I, Erastus Young, Auditor of the Greeley, Salt Lake and Pacific Railway Company, being duly sWorn, depose and say, that I have caused the foregoing statements to be prepared by the proper officers and agents of this Com- pany, and, having carefully examined the same, declare them to be a true, full and correct answer to each and every question therein propounded, and that the same con- stitutes a true statement of the condition and affairs of said Company on the thirtieth day of June A. D. 1885, to the best of my knowledge and belief Signed, Erastus Young, [l. S.J Auditor. OF E. R. Subscribed and sworn to before me this fifteenth day of October, A. D. 1885. Leavitt Burnham, Notary Public. Reiceived and filed in the office of the Commissioner of Railroads this twelfth day of December, A. D. 1885. Henry Felker, Secretary. REPORT Georgetown, Bretorile & LeaMle Railway Compaiiy, FO.R THE YEAR ENDING JUNE 3O, 1S85. Officers and Offices of the Company Operating. OFFICIAL POSITION. NAME. LOCATION OF OFFICE, Vacancy at this date Henry McFarland Henry McFarland Secretary Boston, Mass. S. R. Callaway S. T. Smith J. Blickensderfer J.J. Dickey Erastus Young J. W.Morse P. P. Shelby ,. John F. Dillon T.p^vitt RiirnHam General Superintendent Omaha, Neb. Superintendent of Telegraph.. Auditor General Passenger Agent .... General Freight Agent Omaha, Neb. Omaha, Neb. Omaha, Neb. Omaha, Neb. Omaha Neb NAMES OF DIRECTORS. POSTOFFICE ADDRESS NAMES OF DIRECTORS. POSTOFFICE ADDRESS. Charles F. Adams, Jr. Elisha Atkins Fred'k L. Ames F. Gordon Dexter Boston, Mass.. Boston, Mass . Boston, Mass.. Boston, Mass.. Sidney Dillon .... S. R. Callaway.. E. Dickinson ..New York City Omaha, Neb. ... Denver, Cold. EAILEOAD COMMISSIOWER S EEPORT. 435 Executive Committee. None yet elected Date of annual election of officers None yet fixed Location of general offices Boston, Mass, Name.and address of person to whom correspondence .concerning this / report should be directed Henry McFarland, Sec'y and Treas,, Boston Mass., or Erastus Young, Auditor, Omaha, Neb. CAPITAL STOCK. Amount authorized by articles of incorporation .' $ z,70O(Ooo oo FLOATING DEBT. Amount of debt not secured by mortgage $ 6,952 92 COST OF ROAD. Cost of construction, entireline $ 428,380 81 Is your construction account closed? No COST OF EQUIPMENT.. Colorado Central equipment is used on the road. DESCRIPTION OF ROAD. MILES. , ENTIRE LINE. LENGTH IN COLORADO. Length of main line from Georgetown to Bakerville, Colo 8.47 8.47 I.I 8,47 .20 8.47 8.47 I I 8.47 .20 Aggregate length of sidings and other track not above Aggregate length of track computed as single track, exclusive Number of miles of iron rail 436 BAILEOAD COMMISSIONBe's EEPOET. DESCRIPTION OF ROAD. (continued.) MILES. ENTIRE LENGTH IN LINE. COLORADO. 8.27 8.27 [Weight per ykrd, steel, 50 ftis.] [Weight per yard, iron, 40 S)s.] Gauge of track, 3 feet. 1 Number of miles of telegraph owned by this company: 6.5 miles owned jointly with Western Union Telegraph Co. Grade — maximum per mile 190 feet Curvature — shortest radius i93-z feet If any of the road was first opened for operation Total miles of road operated by this Company 8.47 8.47 STATIONS. ENTIRE LINE. IN COLO- RADO. Number of stations on all roads owned by this company.. .. Number of stations on all roads operated by this company.. Number of "common points" Number of telegraph offices in stations EMPLOYES. Our records do not enable us to furnish this. RAILEOAD COMMISSIONER S REPORT. 437 BRIDGES IN COLORADO. AGGREGATE LENGTH . Wooden truss bridges i Iron bridges Wooden trestle land pile , BOX CULVERTS IN COLORADO. Timber CATTLE GUARDS. Number in Colorado Amount of timber used in renewals of wooden bridges during the year (feet B. M.).. 930 feet 300 feet _ 760 feet 64 feet BRIDGES BUILT WITHIN THE YEAR IN COL- ORADO. LOCATION. Kind. Material. When built. Length in feet. , Augustj 1884 August, 1884 Sept., 1884... 8 feet One mile west of Silver Plume.. 3.6 miles east of Idaho Springs.. Trestle,. Trestle.. Stone and pine... Pine .• gfeet 16 feet Give the average nnmber of years the trestle and pile bridges last on your road in Colorado : 10 years. Give the average number of years that wooden truss bridges last on your road in Colorado : 12 years. ROAD-BED AND TRACK IN COLORADO. Number of track sections 2 Average length of section^ .*. 4 miles Average number of men in each section gang 4 Average nilmber of ties per mile of road 2,700 Number of new ties laid in track during the year.., 780 Average number of new ties per mile of road 94 438 RAILROAD commissioner's REPORT. New rails laid in track during the year : None. Average life of iron rails on main line 6 years Average life of steel rails on main line 8 years Average life of ties 4 years Average life of joint fastenings , g years Average life of frogs 6 years CROSSINGS IN COLORADO. What railroad crosses your road at grade and at what locality? Norie. What railroads cross your road, either over or under, and at what locality? Georgetown, Breckenridge and LeadvlUe crosses itself one mile west of Georgetown, Number of highway crossings at grade : lo. Number of highway crossings at which there are flagmen : Non?. FENCING IN COLORADO. (None on this line.) ROLLING STOCK. Equipment furnished by the Union Pacific Railway Company. MILEAGE, TRAFFIC, ETC. Miles run by pissenger trains during th6 year . Miles run by freight trains during the year Miles run by other trains during the year , Total train mileage 7,505 1,722 8,214 17,441 CARS AND WEIGHT OF TRAINS. Average number of cars in passenger trains 2,20 Average weight of passenger trains, exclusive pf passengers 59,679 ibs. Average number of cars in freight trains 3,30 Average weight of freight trains, exclusive of freight 40,521 lbs. EAILKOAD COMMISSIOITOR's KEPOET. 439 PASSENGER TRAFFIC. Number of through passengers carried Number of local passengers carried Number of passengers carried east and south Number of passengers carried west and north ^ Total number of passengers carried Total passenger mileage, or passengers carried one mile : Average distance traveled by each passenger Average amount received from each passenger Average rate of fare per mile for all passengers FREIGHT TRAFFIC. Number of tons of local freight carried Total tons of freight carried Total mileage of local freight (tons carried one mile) Total freight mileage, or tons carried one'mile Average rate per ton per mile received for local freight Average rate per ton per mile to move all freight CAR MILEAGE. Number of miles run by loaded freight cars east and south Number of miles run by loaded freight cars west and north Number of miles run by empty freight cars east and south Number of miles run by empty freight cars west and tiorth Total freight car mileage Percentage of empty freight cars hauled east and south tp all freight cars hauled east and south Percentage of empty freight cars hauled west and north to all freight cars hauled west and north .* Percentage of empty freight cars hauled in Colorado to all freight cars hauled in .Colorado 5.X72 16,459 10,574 11,057 21,631 110,772 5,120 miles 21 cents 4 106 cents 6,461 6,461 27,539 25,65 cents 25.65 cents 2,566 1,556 716 1.470 6,308 21.81 per cent 48.58 per cent 34.65 per cent SPEED OF TRAINS IN COLORADO. Rate of speed of passenger trains, including stops, miles, 8,3 per hour. 440 RAILEOAD COMMISSIONER S REPORT. TONNAGE OF ARTICLES TRANSPORTED. ALL IN COLORADO. Tons. Per Cent. Grain 62 93 27 I 248 2,551 2,182 659 21 3 13 39 [80 382 6,461 .96 Flour .42 _ .02 3-84 Iron, lead and mineral products 3948 Coal Plaster, lime and cement Salt , ■33 .20 Steel and castmgs .60 2.79 5.91 ANALYSIS OF EARNINGS. Earnings — Passenger — From local passengers [?3j02i 61] From through, passengers [ 1,525' 05] From excess baggage [ i 95] From all passengers Total earnings passenger department Total passenger earnings in Colorado Earnings per train mile [7,505 miles] [$0.61] Earnings per mile enlire line Earnings per mile in Colorado Karnings — Freight— Total earnings freight department Total freight earnings in Colorado $ 4,548 61 $ 4,548 6r $ 4,548 61 $ 537 03 537 03 $ 7,068 48 $ 7,068 48 KAILROAD COMMISSIONERS REPORT. 441 ANALYSIS OF EARNINGS. (continued.) Earnings per train mile [1,722 miles] [$410] Earnings per mile entire line Earnings per mile in Colorado. Total transportation earnings Earnings per train mile run from all trains earning revenue [9,227 miles] [^i 26] Earnings per mile of road operated [8.47 miles] [$i>37i 56] Proportion of earnings for Colorado „ Rents received for use of stations, etc Total earnings from all sources Proportion of earnings for Colorado 834 53 834 53 $ 11,617 og 11,617 "^9 42 00 $ ".659 09 $ 11,659 °9 What per cent are the earnings in Colorado of the earnings of the entire line? All. Of the earnings of the entire line, what is the ratio of the passenger to the freight? As 64,35 to 100. EXPENSES OF OPERATING THE ROAD FOR THE YEAR. CLASS I.— MAINTENANCE OF WAY AND BUILDINGS. Repairs of road-bed and track .'. , « Renewal of rails [Number tons laid, steel, none.] [Number tons laid, iron 14 Jt9 .] Renewal of ties [Number laid, 780.] Repairs of bridges, including culverts Repairs of fences, road crossings, signs and cattle guards ^. Repairs of buildings, stations and water tanks Total 6,468 49 332 13 293 30 99 21 89 27 $ 7,611 51 56 442 RAILROAD COMMISSIONERS REPORT. EXPENSES OF OPERATING THE ROAD. (continued.) CLASS II.— MAINTENANCE OF MOTIVE POWER AND CARS. Repairs of locomotives Repairs of air brakes Repairs of passenger cars Repairs of freight cars Total CLASS III.— CONDUCTING TRANSPORTATION. Fuel for locomotives, engine houses and shops Water supply Oil and waste Locomotive service .1 Passenger and freight train service , Passenger and freight train supplies Mileage of passenger and freight cars (debit balance) , Telegraph expenses and maintenance Damages to property and cattle Agents and station service, including operators Station supplies Total $ 1,289 19 60 04 I 173 S3 134 37 $ 1.657 13 $ 2,650 85 44 93 97i99 3,021 84 1,131 87 65 79 1,004 61 73 19 I 76 1,429 55 171 94 $ 9,694 32 GENERAL EXPENSES AND TAXES. Legal expenses Stationery, printing and books Outside agencies and advertising . Contingencies Taxes in Colorado Total t 265 50 191 II 8 75 II 50 718 57 $ I ,186 43 llAILEOAD COMMISSIONEk's EEPORT. 443 RECAPITULATION OF EXPENSES. Maintenance of way and buildings Maintenance of motive power and cars Conducting transportation » General expenses, including taxes Total operating expenses and taxes Operating expenses and taxes per mile of road operated [8.47 miles] $ 2,378 91 Operating expenses and taxes per train mile for trains earning revenue [9,227 miles] 2 18 Proportion of operating expenses and taxes for Colorado Percentage' of expenses to earnings 172.82 $ 7,611 51 1,657 13 9.694 32 1,186 43 $ 20,149 39 $ 20,149 39 444 RAILROAD COMMISSIONERS REPORT. J u-i w 4 > CO 00 H '-' O 0, m w w z K p ' — > if) (^ w z; 1— ( u Q D Z o W w CD J P^ J < ^ S w H 11^ O en z; a 1— 1 y, p^ D y. Q a - Z J Pi E < h w 2 ill . rr, + INCREASE OR NET EARNINGS. — DECREASE. * ^ U5 0^ ^ M t^ CO QO as ro - < lO fo m M o. O ■* t^ rn to. ■ t H C CO M \ i J, ^ i J 1 > i < ^ 1 - E 1^ 1 1 RAlLEOAD COMMISSIONEe's REPORT, 446 S » ID O >* « ffl W >• n <*! H «n * » o to * X 4 to CO Tl on ^■ o ID N ffi O 0) H w (D ffi * H w n, W M K M H > J a Pi h D Z Q CO % W C/5 ?:; w PL, X 11 -- — — 5 s I s «> °° X CO l< to in Pi + 1 » k5 H S S> s j 3 i hi K i H ii • MONTHS. f 1 % 5 % < 1- i J J E i i r 1 p ,1 '1 S S I RAILROAD C0MMISSI01«rER's REPORT 447 0\ 0> 03 ^ ■< J5 o a n s < s 448 RAILKOAD COMMISSIONER S REPORT. GENERAL EXHIBIT. Total earnings , $ 11,659 °9 Total expenses, including taxes 20,149 39 Net earnings Dcllclt §,490 30 INCOME ACCOUNT. Income from earnings « Total income from all sources for the year.. $ 11,659 09 $ 11,659 °9 GENERAL RECAPITULATION. Total income $ ",659 09 20,149 39 Deflclt » ' =6] ^ Net income above operating expenses and taxes.. $ 8,490 30 Gross income per train mile run [9,227 miles] GENERAL BALANCE SHEET AT THE CLOSING OF ACCOUNTS JUNE 30, i88s, OF THE GEORGETOWN, BRECKENRIDGE AND LEADVILLE RAILROAD COMPANY. CREDITS. •AMOUNT, DEBITS. AMOUNT. Construction $ 428,380 81 6,952 92 Accounts $435,333 73 $ 435,333 73 S 435,333 73 STATISTICS OF TRAFFIC IN COLORADO. (Cannot furnish this.) KAILROAD COMMISSIONERS KKl'Oirr. 141) OS u o z < in H PL, HH u u w Q CO en I — ( :=) eq ■J s < z H W o > w PS o E o I-H Q W Pi < ^.-^ s-tb '^ S" — •— Q W O in O 450 RAILROAD COMMISSIONER S REPORT. TABULAR STATEMENT OF ACCIDENTS. KILLED. 1 INJURED. ^ CAUSE OF ACCIDENT. Passen- \ gers. Employes Others. Passen- gers. Employes Others. I Total I SUMMARY OF ACCIDENTS FOR COLORADO. Number resulting from lack of caution, carelessness or misconduct.. TRAIN ACCIDENTS IN COLORADO, FOR. THE YEAR EMBRACED IN THIS REPORT. None. ADDITIONAL QUESTIONS. EXPRESS COMPANIES. * None. SLEEPING CARS. None. 1 UNITED STATES MAIL. What is the compensation paid you by the United States government for the transportation of its mails on your road in Colorado, and on what terms of service ? Compensation not yet fixed by the United States government. What amount have you paid for receiving and delivering mail to and from stations on your road in Colorado ? $240.00. Date of original charter of road, and that of any road consolidated with it, and the names of the companies : Incorporated February 23, 1881. Date when main line (giving termini and length) was put in operation : April, 1884. RAILROAD C0MMISSI0]O:r's REPORT. 451 Roads operated under lease (whether temporary or permanent) giving name, termini, length, address of lessors, and terms of lease : None. What operating arrangements have you with other railroad companies, setting forth the contracts for the same? None. a What agreement, contract or understanding exists between your company and any other regarding the exclusive occnpation of territory? None, Are your bridges and trestles provided with guard rails ? Yes. Do all bridges and trestles receive stated examinations? Yes. How often? Twice a year. By whom? Inspector. Average number of cars in passenger train in Colorado : 2.2 Average number of. cars in freight train in Colorado : 3.3 Cost of all snow sheds and fences. None. Cost of snow sheds and fences built during the year : None. Cost of repairs of snow sheds and fences during the year : ■ None. Cost of removing snow and ice from the track during the year ; $636 57. There was no one killed on this road for the year, and there were no train accidents. Has your company any rule governing your conductors, engineers, trainmen and switchmen concerning the use of intoxicating liquors? li so, what is it, and is it enforced? Rule 10 ; the use of intoxicating drink by employes will be considered good cause for dis- missal from the service. It is enforced. What are your rules, if any, in relation to examination for color blindness of employes whose duties require that they should readily distinguish the various colors used for sig- nals? No special rules Govering examination for color blindness, but employes are tested on this point during examination on general rules. Have you in use any cars' provided with an automatic coupler ? All passenger, mail, baggage and express cars have the MUIer couplers. Has your company in contemplation the adoption of any kind of automatic coupler? Ex- periments are now being made with the Janney freight car coupler. What coal mines do you own and work, and where located ? None. What stone quarries do you own and operate, and where located ? None. Are you in any manner interested in either coal mines or stone quarries, other than as above specified? No. State of Nebraska, County of Douglas, >ss. I, Erastus Young, Auditor of the Georgetown, Breck- enridge and Leadville Railroad Company, being duly sworn, depose and say that I have caused the foregoing statements 452 RAILROAD commissioner's REPORT. to be prepared by the proper officers and agents of this com- pany, and, having carefully examiried the same, declare them to be a true, full and correct answer to each and every question therein propounded, and that the same con- stitutes a true statement of the condition and affairs of said company on the thirtieth day of June A. D. 1885, to the best of my knowledge and belief Signed, Erastus Young, [l. S.J Auditor. OF R. K. Subscribed and sworn to before me this fifteenth day of October, A. D. 1885. Leavitt Burnham, [l. s.j ' Notary Public. Received and filed in the office of the Commissioner of Railroads this twelfth day of December, A. D-. 1885. Henry Felker, Secretary. REPORT Golden, Boulder & Caribou Railway Co., FOR THE YEAR ENDING JUNE 30, 1 885. Officers and Offices of the Company Operating. OFFICIAL POSITION. NAME. LOCATION OF OFFICH, President Charles F. Adams, Jr Boston, Mass. Elisha Atkins Secretary Henry McFarland Boston, Mass. Treasurer Henry McFarland General Manager S. R. Callaway Boston, Mass. S. T. Smith .*.. J. Blickensderfer J. J. Dickey.....--. Superintendent of Telegraph- General Passenger Agent J W Morse P. P.Shelby John F. Dillon General Solicitor New York Qty, N. Y. Leavitt Burnh^m ' New York City, N. Y. NAMES OF DIRECTORS. JPOSTOFFICE ADDRESS. NAMPS OF DIRECTORS. POSTOFFICE ADDRESS, Charles F. Adams, Jr Elisha Atkins Frederick L Ames Boston, Mass.. Boston, Mass.. Boston, Mass.. T. G. Lyster ... Ezra H. Baker, ..Denver, Colorado Boston, Mass 454 RAILEOAI) commissioner's REPORT. Executive Committee None Location of General Offices Boston, Mass. Names aiid address of person, to whom correspondence concerning this report, should be directed: Henry McFarland, Secretary and Treasurer, Boston, Mass. or Erastus Young, Auditor, Omafea, Nebraska. CAPIATL STOCK. Number of shares issued, 600 ; amount paid in . Total common stock issued $ 60,000 00 $ 6o,coo 00 BONDED DEBT. First mortgage bonds, date, 20 years ; due December interest, 8 per cent Total bonded debt Amount of bonded debtper mile of road $ 60,000 00 $ 60,000 00 $ 10,000 00 FLOATING- DEBT. Amount of debt not secured by mortgage... None ■ Proportion of debt, bonded and floating, for Colorado AH Total amount of paid-up stock and debt ^ 120,000 00 Amount of stock and debt per mile of i;oad 20,000 00 COST OF ROAD. Cost" of construction, entire line $ 120,000 00 COST OF EQUIPMENT. Colorado Central equipment is used on the road. RAILROAD COMMISSIONER S REPORT. 455 DESCRIPTION OF ROAD. Length of mainline of road from Boulder, Colorado, to Marshall coal bank .,„., Total length of main line and branches Aggregate length of sidings and other track not above Aggregate length of track completed as single track, exclusive of sidings Number of miles of iron rail [Weight per yard, iroo, 50 pounds.] Gauge of track, 4 feet 8J^ inches. Number of miles of telegraph owned by this company? None. Grade — Maximum per mile, 90 feet. Longest maximum, 4,000 feet. Curvature — Shortest radius, 521 feet. Aggregate length of all ladii, 7,243 feet. Aggregate length of tangents, 3 miles 4,121 feet. If any of the road was first opened for operation during the past year, state the date? None. Total miles of road operated by this company ; 5.09 miles. ' STATIONS. Entire Line. In Colorado. Number of stations on all roads owned by this company Number of stations on all roads operated by this company 'Number of "common points" Number of telegraph offices in' stations None EMPLOYES. Our records will not permit us to furnish this. 456 RAILROAD COMMISSIOlSrER S KEPOKT. BRIDGES IN COLORADO. AGGREGATE LENGTH . Wooden trestle and pile BOX CULVERTS IN COLORADO. Timber : CATTLli GUARDS. Number in Colbrado 459 feet Give the average number of years the trestle and pile bridges last on your road in Colo- rado: lo years, ■ Give the average number of years that wooden truss bridges last on your road in Colorado: 12 years. ROAD-BED AND TRACK IN COLORADO. Number of track sections One. Average length of sections 5.09 miles. Average number of men in each section gang Three. Average number of ties per mile of road 2,288. Number of new ties laid in track during the year 1,631 Average number of new ties per mile of road .' 272. New rails laid in track during the year None. Average life of iron rails on main line Ten years. Average life of ties : Four years. Average life of joint fastenings Twelve years. Average life of frogs Eight years. CROSSINGS IN COLORADO. No railroad crosses this road. Number of highway crossings at grade : Four. FENCING IN COLORADO. None. RAILROAD COMMISSIO]SnEE's REPORT, 457 ROLLING STOCK. Equipment furnished by Union Pacific Railway Coihpany. MILEAGE, TRAFFIC, ETC. Miles run by passenger trains during the year.. Miles run by freight trains during the year Miles run by other trains during the year Total train mileage 24 6,180 48 6,252 CARS AND WEIGHT OF TRAINS. Average number of cars In freight trains - 11 Average weight of freight trains .^exclusive of freight 205,171 lbs. PASSENGER TRAFFIC. Number of through passengers carried - Number of Iqcal passengers carried Number of passengers carried east and south , Number of passengers carried west and north Total number of passengers carried Total passenger mileage, or passengers carried one mile.. Average .di^^ce traveled by each passenger , Average amount received from each passenger Average rate c»f fare per mile for all passengers 223 48 Z18 153 271 5-797 miles 21 cts.- 3.623 cts. 38 458 KAILEOAD COMMISSIONERS REl'OUT. FREIGHT TRAFFIC. Number of tons of through freight carried 69.931 Total tons of freight carried 69-931 Total mileage of through freight (tonS carried one milej 4i9>577 Total freight mileage, or tons carried one mile 4T9.577 Average rate per ton per mile received for through fi eight 8.28 cents 8 28 cents CAR MILEAGE. Number of miles run by loaded freight cars east and south „ Number of miles run by loaded freight cars west and north , Number of miles run by empty freight cars east and south ... Number of miles run by empty freight cars west and north... Total freight car mileage , 34 767 3 406 378 32 150 Percentage of empty freight cars hauled east and south to all freight c;ars hauled east and south : 1.07 per cent. Percentage of empty freight cars hauled west and north to all freight cars hauled west and north : go. 42 per cent. Percentage of empty freight cars hauled in Colorado to all freight cars hauled in Colorado : 46.08 per cent. SPEED OF TRAINS IN COLORADO. Rate of speed of passenger trains, including stops j. No passenger trains Rate of speed of freight trains, including stops 16.6 miles per hour RAILROAD COi\B[ISSIONER S REPORT. 459 TONNAGE OF ARTICLES TRANSPORTED. ALL IM COLORADO. Flour Other agricultural products... Lumber and forest products... Coal ..I Petroleum and oil .' Steel and castings Stone and brick Merchandi.se and other articles not enumerated above . Total tbns carried 69,654 2 9 140 69,931 ■30 .04 ■30 96 04 •03 ■ '3 2.00 1.16 ANALYSIS OF EARNINGS. Earnings — Passenger — From local passengers [^33 73] From through passengers [^21 20] From excess baggage [g 2 00] From all passengers Total earnings passenger department Total passenger earnings in Colorado Earnings per train mile [24 miles] [$ 2 35] Earnings per mile entire line Earnings per mile in Colorado Earnings — Freight—Total earnings freight department Total freight earnings in Colorado Earnings per train mile [6,180 miles] [$e^ 62] Earnings per mile entire line Earnings per mile in Colorado, '. Total transportation earnings Earnings per train mile run from all trains earning revenue [6,204 miles] »5 6i] Earnings per mile of road operated [5.09 miles].. Proportion of earnings for Colorado Total earnings from all sources Proportion of earnings for Colorado [$6,837 64] S 56 93 i? 56 93 Jj^93 i> II 19 II 19 $ 34,746 68 $ 34.746 I $ 6,8i6 46 6,826 46 _S34,803_6i t 34,803 61 $ 34,803 61 $ 34,803 61 460. KAILKOAD OOMMISSIOKER S REPORT. EXPENSES OF OPERATING THE ROAD. FOR THE YEAR. CLASS T— MAINTENANCE OF WAY AND BUILDINGS. Repairs of road-bed and track Renewal of ties - [Number laid, 1,631] '' Repairs of fences, road crossings, signs and cattle guards Repairs of buildings, stations and water tanks Tbtal , CLASS. 11— MAINTENANCE OF MOTIVE POWER AND CARS Repairs of locomotives Repairs of air brakes Repair^ of freight cars Total CLASS III— CONDUCTING TRANSPORTATION. Fuel for locomotives Water supply ; Oil and waste Locomotive service Passenger and freight train service Passenger and freight train supplies Mileage of passenger and freight cars (debit balance) Telegraph expenses and maintenance Damages to property and cattle .' Station supplies Total GENERAL EXPENSES* AND TAXES. Legal expenses Expenses of general offices Stationery and printing Contingencies Total taxes Total - $ 1,948 93 682 22 . 96 73 33 56 . $ 2,761 44 $ 1,650 23 '9 55 , 240 35 $ 1,910 33 « 2,767 54 107 .43 97 13 2,779 69 2,013 91 83 83 48764 19 39 I 76 90 i 8,364 22 $ 7 00 19 75 86 59 85 47 $ 1,788 30 $ 1,987 II EAILEOAD COMMISSIONEK S KEPOBT. 461 RECAPITULATION OF EXPENSES. Maintenance of way and buildings Maintenance of motive power and cars Conducting transportation General expenses, including taxes Total operating expenses and taxes Operating expenses and taxes per mile of road operated [ 5.09 miles].., $ 2,951 49 Operating expenses and taxes per train mile for trains, earning revenue [6,204 miles] 2 42 Proportion of operating expenses and taxes for Colorado Percentage of 'expenses to earnings 43-i7 $ 2,761 44 i»9^o 33 8,364 22 1,987 II $ 15,023 ro $ 15,023 10 462 RAILROAD COMMISSIONER S REPORT. >^ J 1 liJ 00 > CO H U O W m CL U PC ' — . (/) O w ?^ u 1— 1 m « D '>C o w w CO p4 < H % w m IL H li, n m y, (— t 'A p4 HH D ^ P 11 <: LO M O 2 ;>^ l-H Pi! H < s ^ii 55 OI 12.27 55 50 .91 45.00 70 14 80.66 74.62 ■ CO in- t/i O Z ■ i 'C7\-^H00 O mm in on>o.o o;*^^^ t'^ "^ ■* ^ M* «" oT ro h" cT m" m • • Is • ■ S, • H OS * z 9) S* 2 W3. K ST R S? 8 tn o\ H O md^o TfinTfHVo ^m in a> ^q_ vo^ OS q^ "1 ■* q\ q; w_ t^ m" cT eT ro H « I-" H " in \o ■a a O i c 0) 1 3 E S iz; 1 •> )-< c c , fa ■s < > 3 • RAILROAD COMMISSIONERS REPORT. 463 rn ^ ^ VD VO CO \o \o „ 8^ *? ■/} VO lO N £ so w ^. y3 t^ 1-1 >o o\ o\ 00 Ci o M OS M c» « « ro "* ro M «9. VO vo rr, to ro a- o\ m lO OS •O ro \o « CO ro ro (N 'if N " M + + 1 1 + + + + + + + + + IT) so 00 ->g- ? t^ M .n O SO m « SO M so -1 o so R t^ n \r> CO -■ H « so Tf ro (M ■<*■ I- J- 1 1 > ^ f : 1 O K R e a H w a w X ffi w H O Z h— 1 (^ H D 2 Q r/) § W a) Z W PL, X w K ^ M WHO f^ 3 < 0\ t^ 'O O _ CO fO fO 00, ^ EXCESS OF EXPENSES. « W N ^^ ^ O OS^ rP_ - HI n o « -f INCREASE TOTAL. OR — DECREASE. • oot-.M Mooooo H o wroro t>.CO OCOCO -^Q t^rOMVD N u z t ! :::::::::::• u il u 1 c 1 KAILKOAD commissioner's REPORT. 465 CTi 00 w w g o « !0 i- * IB ffl IB m CT) IB H IBi as N W «' c- X o H o ac »> H 0> IB M m 81 M e W -* 0\ fO rT) lO a o 99 Z O fe s 60,868,000 00 IQ,I06,200 00 30,762,300 do $60,868,500 00 472 RAILROAD COMMISSIONER S REPORT. CAPIATL STOCK. (continued.) Amount of preferred stock - A)mount cff stock issued to build and equip the road Amount of stock issued during last year, and on what account was in- crease made....„ Total amount paid in, as per books of the company Proportion of stock for Colorado Amount of stock per mile of road Amount of stock representing the road in Colorado Amount of stock held in Colorado (December 31, 1884) Total number of stockholders (December 31, 18B4) Number of stockholders in Colorado (December 31, 1884) None ^50,762,300 00 None 60j868,5oo 00 9»9°3,3i7 74 33.183 46 9i9°3.3T7 74 2,500 00 7,551 When and to whom was the original stock owned by the company sold, and what was the cash value realized by the company for the same ? The stock of the company, as fixed by its articles of consolidation — ^50,762, 300, in shares of $100 each — was issued and exchanged, with the exception of a few shares still held for that purpose, for the stock of the constituent companies^ as provided in said articles. A list of stockholders at the last election of directors, showing the name, residence and amount of stock owned by each, must be filed herewith. KAILTIOAD commissioner's REPORT, 473 H m w Q P w Q u Si X 11 O >- •a >1 u c -3 1 in ■^ i . p <- 5= » fe 2 i % d .s o cd % 5 ti d ?- V ^ rl > 1^ u5 J' > > > o o o ^ ° is O o IZi o d cT cdb 3. 3 2" s < ^ 1 a, 1 XI s rt >4 3 O ij < c a o 3 'o < ^ W *1_ cq m J "1 8 c § 1 § T" § I B o O cK vo ■4^ t^ m" o" - ro oo" o t^ 0\ C o VO ■^ m ■c a. ^3 VO 0_ W^ i>: (N T)- ■f? •*i 8 T" "8 8 Is Q Q O O o 8 IT o n •isnji o_ ^ vq^ O "5 PPH oo" lO c K H fO K «3. D O g 8 s g 8 ~8 8 o~ o 8 T" "T "8 8 < c 8 c § § § § 8 § \ 1 t C 1 VC ^ o" fn ■o" 6 ^ rn HI 'I'^^ox ^ c J \ c; 'tf- VO \D o c f; y: c o M VO c p ■ C' -$■ vd" ■* ^ V 3. ^ -. c c 1 (^ > o 12; >' o > -syq^ABj c c CI 1 c t3 S t c -a T3 13 Xl c -d c 1 ."= nl rt m [1] nS ClJ ^ c 1 1 S c ^ 1 S cd cil c is Be: H^ 1 < ;_s s A < >— > s s s s s ^ N s •» : : : >, >> >> S: •Xouaj i c _£ - : (J s -jnojoppo 1 ! 2 o 'c 'o ■3 3 3 2 o v s L c c ) L )__0_ -_<^ O _'^. O _u_ -,'^_ _^ o ■;u90 ■i t '~ a a \o cc ■o VO VD t^ vs t^ l^ J3d siE-y; ^ c 1\ r ii f CO 5 \o OS MD oT IC ^ " : < ft c ft o c » Ol ch o\ o\ ■Xjum y > *» : T" ~>r >i b> ■iCouai i i : g :. ^ s -J tlD JO p[OQ z 2 'o 1 2 1 3 2 ■j: •s {_ __c L 1 e _C o a o a" _C5_ c3 _u_ _C _u d -T u f 1 . -j - ^' s p i rt i 1 t c 3 1 b : u E o » •^ d o U 4 E 1 11 ■ I ' ! 6 ' i E t ! 1 u ! ] \ 1 2 J 5 u ■M 1 5 6 \ t; 1 c ft H s 1 -a u i n •s o i 1 cd 2 I u -3 1. V 60 474 KAILEOAD COMMISSIOWEE S REPORT. PQ W „ B Q a 'limomv 'IBJOX ■aiq^X^j -ano :io pioo '3U30 -^m JO 33^ a •an SSI JO 3315 CC ■XousJ -JHD JO piOQ bO O o 1 rt *j tn o 3 1 pa m 3 6 6 Bi U U •D 4-1 m § ? g 13 H H 1 '-a -o c s o cd JS £■ 5P t 1? (3 T ^o"" 1 t^ O 8 1 §:• vo" co_ en f^ S Tl- N^ 1 0^ o_ " 'O ■60. "s" ~0^^ O "~0 o O a in m § o o t^ in in o\ o\ O; m "5" ? g 8 8 N ■0% o ~o~ o~ "s~ ^o c b~" ~o' o o c o in in § 1 in s in ^ o s? tv 00 t 0^ \o^ "^ 2 q. o__ N ro t^ \c •6& •m. " >■ o H l>i > o u flj ^ ft Q 3 i 1 TJ -a T3 13 t: c c c C5 c n! rt nl ctS p i_ g s d c 1— .,, 3 '—1 >» ~t o t. a c -o 2 2 ■"l. \ -a ■q "o. 'o =1 C p_ _o_ j;>.. _^f- J_ _L ' i 3 ■^ in m \c VC !>i o 3\ ~D( J u On ~t>r ^i>r" ! 6 : "-^ •3 -3 u ■g d big B o ^ ■^ rt P !^ bo >■ c : a d t: 3 -S « g' H >< s u U ii ft 4-1 •s T3 if |1 < n o S 13 > vi u H ft in d § g ( s i p 5 13 -a <1 '. b H ■s p _§ "S ^ RAILROAD COMMISSIONER S REPORT. 47/ FLOATING DEBT. Amount of debt not secured by mortgage $ 4,704,790 65 Proportion of debt bonded and floating for Colorado 22,053,412 81 Total amount of paid-up stock and debt (not including the$4,704,7go 65 above) 191,710,009 72 Amount of stock and debt per mile of road 107,153 44 Amount and full description of bonds on branch or purchased lines not covering main line, December 31, ^884 : Mileage STOCKS. BONDS. NAME OF RAILWAY COMPANY. Outstanding Owned by Union Pac. Outstanding Owned by Union Pac. (Imaha & Republican Valley- 237-45 $ 926,500 $ 926,500 $ 1,853,000 * $ 1,851,000 Omaha, Niobrara & Bi'k Hills 97.90 977,000 977,000 977,000 977,000 MarysviUe and Blue Valley.... 12.80 64,000 64,000 128,000 128,000 Echo and Park City 32 27 480,000 480,000 480,000 480,000 461 96 32707 320.70 5,543,000- 6,230,000 5,292,800 4,816,400 6,229 .000 5,192,500 5,543,000 4,788,000 3,289,000 f 4,968,000 X 4,697,000 g 1,896,000 Denver, South Park & Pacific 31.00 36.00 465,000 288,400 465,000 . 231,700 465,000 540,000 I 465,000 II 540,000 Salina and Southwestern 167-33 20.06 1,348,000 i,ooo,oco 1,313,400 762,500 1,348,000 1 ,000,000 1,162,000 694,000 Denver, Western and Pacific. Central Branch Union Pacific 100.00 1,000,000 858,700 3,829,000 93-50 57-50 53-89 959>5oo 250,000 T ,080,000 808,000 Greeley, Salt Lake & Pacific. 808,500 808,500 808,000 595 96 7°-45 6,058,000 * 720,000 150,000 II 970,000 Junction City & Ft Kearney.. 977,100 970,000 57-04 27.00 * 1,000,500 * 17,000 575.000 550,000 II 575.000 II 548,000 Denver and Boulder Valley... 700,000 Golden, Boulder and Caribou 6.10 60,000 * 60,000 60,000 II 60,000 Total 2,825.98 $41, 465, 100 $33,020,700 $41, 399,000 $22,2^9,000 * $721,000 in 5 per cent, coll. trust, and $1,092,688 in 6 per cent. coll. trust. t $2,351,000 in 5 per cent. coll. trus-t, and $2,518,000 in 6 per cent. coll. trust. X $1,474,000 in 5 per cent. coll. trust, and $2,220,000 in 6 per cent. coll. trust. g $1,896,000 in 5 per cent. coll. trust. II Held in trust by Messrs. Gould and Sage. 476 RAILROAD COMMISSIONER S REPORT. COST OF ROAD. Cost of construction, entire line, to June 30, 1885 Cost of construction in Colorado Average cost of road per mile [1,832 45 miles] Is your construction account closed? No, If the road was not built by the present owners, state cost of road to them The value of all other property owned by the corporation (excluding all resources deducted from unfunded debt and also excluding its unsold lands) 28159,092,996 62 25,804,464 II 86,819 83 159,092,996 62 65,009,015 36 COST OF EQUIPMENT. INCLUDED IN COST OF ROAD AND FIXTURES. Average cost of road and equipment per mile in Colorado $ 86,819 83 PROPERTY ACCOUNTS. CHARGES AND CREDITS TO NEW CONSTRUCTION, NEW EQUIPMENT AND COST OF ROAD AND FIXTURES DURING THE YEAR. NEW CONSTRUCTION. Grading ...^. Bridging, masonry and culverts Land and right of way Passenger and freight stations, coal chutes and water stations Engine houses, car sheds and turn-tables Machine shops, including machinery and tools Engineering, agencies, salaries and other expenses during construction . Side tracki Oil and paint house , Water supply Eating house General expenses Double track extension . Total for construction S 11,156 37 4,335 16 6.779 00 17,693 8s 11,302 47 13.243 18 440 77 38s 16 866 54 358 83 1,600 00 247 55 77,541 48 $ 123,637 62 RAILKOAD COMMISSIOKEK S EEPOKT. 477 PROPERTY ACCOUNTS. (.CONTINUED.) NEW EQUIPMENT. Locomotives — Brakes on.. . Transfer trucks Passenger car Brakes on passenger cars,. Freight and other cars Brakes on freight cars , Steam derrick, complete.,., Total for equipment,.. Other expenditures charged to cost of road and fixtures.. Total expenditures charged to these accounts Property sold (or reduced in valuation on ^he books) and credited property accounts during the year (specify- ing same) Locomotives, depreciation Cars, depreciation Net addition to new construction, new equipment and cost of road and fixtures account for the year .■ ,364,849 51 DESCRIPTION OF ROAD. MILES. ENTIRE LINE, LENGTH IN COLORADO. Length of mainline of road from Council Bluflfs, Iowa, to Ogden, Utah. (Union division) Length of double-track on main line BRANCHES AND DIVISIONS. From Kansas City, Mo., to Denver, Colo,, Kansas Division.... From Leavenworth, Kan , to Lawrence, Kan,, Leavenworth branch From Denver, Colo., to Cheyenne, Wy,, Cheyenne Division,,.. Total length of main line and branches (Consolidated Union Pacific Railway) 1,040.94 I 5.20 I I 643-51 I 34.00 i 106.00 1.832.45 8.84 94.96 298.14 478 RAILROAD COMMISSIONERS REPORT. DESCRIPTION OF ROAD. (continued. MILES. ENTIRE LINE. LENGTH IN COLORADO. 354- ?o 1,837.65 44.60 798.14 Aggregate length of track computed as single track, exclusive of sidings Number of miles of iron rail 228 35 107.54 Number of miles of steel rail 1,609 30 I go, 60 [Weight per yard, steel, 52, 56, 59, 60 and 6oJ^ lbs.] [Weight per yard, iron, 50 and 56 H)s.] Gauga of track, 4 feet B% inches. Number of miles of •telegraph owned by this company: i, 814 75 ; 779-75 miles poles jointly with Western Union Tel- egraph Co.: In Colorado, 298 miles. Grade — maximi^im per mile 76 feet Aggregate length of tangentTs 245 miles, 1,467 feet If any of the road was first opened for operation during the past year state the date None Total miles of road operated by this Company 1,832 45 298.14 STATIONS. ENTIRE LINE. IN COLO- RADO. Number of stations on all roads owned by this company Number of stations on all roads operated by this company.. Number of "common points" Number of telegraph offices in stations 305 305 25 169 45 45 4 EMPLOYES. Our records do not enable us to furnish this information prior to January i, 1885. We will be able to furnish it in next report. RAILROAD COMMISSIONERS REPORT. 479 BRIDGES IN COLORADO. AGGREGATE LENGTH. BRIDGES IN COLORADO. Wooden truss bridges Wooden trestle and pile. BOX CULVERTS IN COLORADO. Timber t Stone .... CATTLE GUARDS. Number in CQlorac['o Amount of timber used in renewals of wooden bridges during the year (feet B. M.) Amount of pilirig used in renewals of wooden bridges during the year (lineal feet) .'. Amount of trestle work replaced with earth during the year (lineal feet) Timber culverts replaced with timber 52 13 352 feet 5,109 feet 56,326 feet 3,31a feet 32 feet BRIDGES BUILT WITHIN THE YEAR IN COL- ORADO. LOCATION. Kind. Material, When built. Length in feet. 533 miles from Kansas City... 529.6 miles from Kansas City... 533.6 miles from Kansas City... 340.2 miles from Kansas City... 564.8 miles from Kansas City... 555.5 miles from Kansas City... Trestle.. Trestle.. Trestle.. .Trestle.. Trestle.. Trestle.. Oak Oak Oak Oak... Oak Oak Oct. 1884 Oct. 1884 Oct. 1884 Sept., 1884... August, 1884 July, 1884... ..,.. ..16 feet 16 feet' 48 feet 31 feet 32 feet 16 feet Give the average nnmber of years the trestle and pile bridges last on your road in Colorado : 10 years. Give the average number of years that wooden truss bridges last on your road in Colorado : 12 years. ■' 480 RAILROAD commissioner's REPORT. ROAD-BED AND TRACK IN COLORADO. Number of track sections '. 43 Average length of sections 6.75 miles Average number of men in each section gang .'' 6 Average number of ties per mile of road 2,895 Number of new ties laid in track during the year 97t774 Average number of new ties per mile of road 328 New rails laid in track during the year : Steel [5^765 i-^-f-J- tons]; miles, 60.91 . Total track laid with new rail during the year miles, 60.91. Average life of iron rails on main line 6.5 years Average life of steel rails on main line 12.5 years Average life of ties 6 years Average life of joint fastenings 12 years Average life of frogs 1. 4 years CROSSINGS IN COLORADO. What railroad crosses your road at grade, and at what locality : Burlington and Missouri River at Sand Creek, 5 miles from Denver, Colorado Central at Nineteenth street, Denver, What railroads cross your road, either over or under, and at what locality None Number of highway crossings at grade 108 Number of highway crossings at which there are flagmen 2 FENCING IN COLORADO. How many miles of your road in Colorado are fenced ? None RAILROAD OOMMISSIONjER S REPORT. 481 ROLLING STOCK. AVERAGE LIFE, IN YEARS. Number of passenger locomotives Number of freight locomotives, Number of passenger cars Number of baggage, mail and ex- press cars Number of parlor and sleeping cars... Number of officers* cars Number of box freight cars Number of stock cars Number of platform and coal cars Number of other cars Total number of cars i 57 57 288 288 i6g 169 82 82 38 38 9 9 4,039- 4,039 892 892 1,846 1,846 324 324 7,399 7,399 Maximum weight of locomotives and tenders (coal and water); Average weight of locomotives and tenders (coal and water) ;..- Number of locomotives equipped with train brake Kind of brake Westinghouse Automatic Air Maximum weight of passenger cars Average weight of passenger cars Number of cars equipped with air brake Kind of brake ■ Westinghouse Automatic Air Number of passenger cars e(iu:pped with Miller platform and buffer The amount of tonage that can be carried over your road, exclusive of cars by an engine of given weight : Weight of engine 54 tons withoUt tender 90 tons 67 tons 178 34 tons 26.5 tons 1,253 352 tons MILEAGE, TRAFFIC, ETC. Miles run by passenger trains during the year . Miles run by freight trains during the year Miles run by other trains during the j^aar. ..,„,., Total train mileage 61 2,239,289 5,475,523 266,122 7,980,934 482 RAILROAD COBCVIISSIOlSrEE's REPORT. CARS AND WEIGHT OF TRAINS. Average number of cars in passenger trains 7-7 Average weight of passenger trains, exclusive of passengers 308,978 RJs. Average number of cars in freight trains 23 Average weight of freight trains, exclusive of freight 449,903 5>s. PASSENGER TRAFFIC. Number of through passengers carried Number of local passengers carried Number of passengers carried east and south Number of passengers carried west and north Total number of passengers carried Total passenger mileage, or passengers' carried one mile- Average distance traveled by each passenger Average amount received from each passenger Average rate of fare per mile for all passengers... 48,428 1,235,191 632,199 651,420 1,283,619 138,686,370 108.04 niiles $ 3-097 2,865 cents FREIGHT TRAFFIC. 203,083 3.041,030 Number of tons of local freight carried Total tons of freight carried 3.244.133 Total mileage of through freight (tons carried one mile) Total mileage of local freight (tons carried one mile) 210,569,943 586,899,098 Total freight mileage, or tons carried one mile 797,869,041 Average rate per ton per mile received for through freight 1.25 cents 1.56 cents 1.48 cents Average rate per ton per mile to move all freight RAILROAD COMMISSIONER S REPORT. 483 CAR MILEAGE. Number of miles run by loaded freight cars east and south.... Number of miles run by loaded freight cars west and north . Number of miles run by\empty freight cars east and south.... Number of miles run by empty freight cars west and north.., Total freight car mileage Percentage of empty freight cars hauled east and south to all freight cars hauled east and south Percentage of empty freight cars hauled west and north to all freight cars hauled west and north Percentage of empty freight cars hauled in Colorado to all freight cars hauled in Colorado 51,001,619 35,852,712 6,624,603 21,282,709 114,761,643 T1.49 P^'^ ^^^^ 37.24 per cent 24.32 per cent SPEED OF TRAINS IN COLORADO. Rate of speed of passenger trains, including stops, miles 28 per hour Rate of Speed of freight trains, including stops, miles 13^ per hour TONNAGE OF ARTICLES TRANSPORTED. Grain Flour , Provisions (beef, pork, lard, etc.) Animals Other agricultural products Iron, lead and mineral products Lumber and forest products Coal Plaster, lime and cement Salt ..: Petroleum and oil Steel and castings Stone and brick Manufactures — Articles shipped from point of production. Merchandise and other articles not enumerated above Total tons carried Tonb. Per Cent. 792,559 24-43 87,616 2.70 3°.4S9 •94 280,439 8.64 71,562 2.26 144,906 4.46 365,496 II 26 816,469 25.16 30,266 -93 23,289 •71 3°.343 -93 97,033 2.99 62,007 1. 91 169,598 5.22 242,071 7-46 3,244,133 100 484 RAILROAD COMMISSIONER S REPORT. TONNAGE OF ARTICLES TRANSPORTED. IN COLORADO. Cannot furnish this prior to January r, 1885. We will be able to furnish it in our next report. ANALYSIS OF EARNINGS. Earnings — Passenger — From local passengers [$2,599,527 27] From through passengers ^ [ 1,311,746 91] From excess baggage [ 63,804 46] From all passengers From express and baggage .' From mails " Total earnings passenger department Total passenger earnings in Colorado (including mails and express) Earnings per train mile [2,239,289 miles] [$2.34] Earnings per mile entire line „ Earnings per mile in Colorado Karnings — Freight — From local [$8,903,395 03] From through [ 2,643,290 17] From other sources freight department [ ' 454,912 14] Total earnings freight department Total freight earnings in Colorado.. Earnings per train mile [5,475,523 miles] [$2.19] Earning!; per mile entire line Earnings per mile in Colorado Earnings per mile in mails, express and other sources Earnings per mile in mails and express in Colorado Total tariff earnings for the year ending June 30, 1885 ^ Total pool earnings for the year ending June 30, 1885 J (Pool earnings not kept separate, but are included in above passenger and freight earnings.) $ 3.975,078 64 598,887 78 665,419 go $ 5>239,386 32 $ 578,940 35 $ 2,859 22 1,945 20 Total transportation earnings.. 12,001,597 34 1,448,733 73 6,549 48 4,859 27 689 95 374 29 $17,240,983 66 RAILROAD COMMISSIONER S REPORT. 485 ANALYSIS OF EARNINGS. (continued.) Earnings per train mile run from all trains earning revenue [7,714,812 miles] .\ ft [$2.23] Earnings per mile of road operated [1,832,45 miles] [$9,408 70] Proportion of transportation earnings for Colorado Rents received for use of road Rents received for use of stations, etc Earnings from all other sources Telegraph earnings [$25,516 86] Total earnings from all sources Proportion of earnings for Colorado $ 2,027,674 08 137,218 70 32,804 41 417,932 33 gi7,}i2ij,939 10 212,152,414 68 What per cent are the earnings in Colorado of the earnings of the entire line ? 12.07. Of the earnings of the entire line, what is the ratio of the passenger to the freight? As 33.12 to 100. EXPENSES OF OPERATING THE ROAD FOR THE YEAR. CLASS I.— MAINTENANCE OF WAY AND BUILDINGS. Repairs of road-bed and track Renewal of rails '. [Number tons laid, steel, iOj8i9.JJ3i [Number tons laid, iron 1,852 iii#] Renewal of ties .' [Number laid, 837,270.] Track rental Repairs of bridges, including culverts Repairs of fences, road crossings and cattle guards Repairs of buildings, stations ^nd water tanks Total $ ,044,139 95 279.595 74 395,320 91 477 00 139,572 88 29,294 18 156,418 36 $ 2,044,819 02 486 RAILROAD COMMISSIONER S REPORT. EXPENSES OF OPERATING THE ROAD. (continued.) CLASS II.—MAINTENANCE OF MOTIVE POWER AND CARS. Repairs of locomotives Repairs of air brakes Repairs of passenger cars, including sleepers Repairs of freight cars Total ..... CLASS in.— CONDUCTING TRANSPORTATION. Fuel for locomotives, engine houses and shops Water supply Oil and waste... Locomotive service Passenger and freight train service Passenger and freight train supplies Mileage of passenger and freight cars (debit balance) Telegraph expenses and maintenance Damage and loss of freight and baggage Damages to property and cattle. Agents and station service, including telegraph operators Personal injuries Station supplies Total : $ 618,846 07 14,818 53 204,786 36 431,619 70 $ 1,333.070 66 $ 883,513 96 86,862 05 92,849 48 901,600,66 778,284 84 86,408 62 38,167 76 63^516 IS 13,209 70 56,226 48 819,524 58 39,060 16 50,115 99 $ 3,909.340 43 GENERAL EXPENSES AND TAXES. Salaries of general officers and clerks Legal expenses Expenses of general offices Stationery, printing and books , Outside agencies and advertising Contingencies Expenses of general offices in Boston and New York . Total taxes Total : $ 52,651 22 44,256 27 31,089 71 98,711 48 , 583,227 53 12,930 92 258,621 44 721,812 87 $ 1,803,301 44 RAILROAD COMMISSIONER S REPORT. 487 RECAPITULATION OF EXPENSES. Maintenance of way and buildings Maintenance of motive power and cars ; Conducting transportation General expenses, including taxes Total operating expenses and taxes Operating expenses and taxes per mile of road operated [i,- 832.45 miles] $ 4,960 87 Operating expenses and taxes per train mile for trains earning revenue [7,714,812 miles] i 17—8 Proportion of operating expenses and taxes for Colorado Percentage of expenses to earnings 50.98 S 2,044,019 02 rj333.070 66 3,909,340 43 1,803,301 44 $9.09°>53i 55 $ 1,294,029 29 488 RAILROAD COMMISSIOlirEE S REPORT. J u-i w 4 > 00 M H O d en W 0- m w w 1— ^ o: 1 . in rh w o Q D ^ W w en J p4 J < <^ W ^ g U m p:, H fc n Cfl Iz 1 — 1 r, Pi t—i D ^; Q cc ^ ^ J P^ E < H W ;s § (4 W H E3 c VC «: c CO c ro P^ H N ■*^ cr< GC CO H 0\ VO H t^ ^O * * 'T z Tf- ^C ■* vo r^ c c a\ 01 t- « VZ T c Ov z 0\ 1/ T C H^ "* c oc Oi 00 03 -*■ Ov C ■- c cc t>. ^ CO KO In !>. vD CO ta •^ M U (n 01 < < 2 H " n + 1 'C ■ o m: c •C ON H •* 1/ rn a c 1 VC XC « CTv c- \o c 1 C VC VO ■x £ r\ t- 1 *c c P ■> ov ^ : '^ < ^ c !; '^ , c OO w 1 c c c \c c ; a oa ■^ o 1^ 1 C \ f 1- n o 1 tv a 8 a a m; ' c , ^ M -t -*: « ■^ H w N " M H :5 -"f> ^ (N VO ^ o N C ^ - m t^ N OD « o S^ « va o ^ -d \o 1 fn Th w 1 Ch 1 Tl - ■■ a h t^ in u- c^ r- S t^ ^* H ^ c a o ^ 1 OO VC vq^ :i i£ ; t- c ^ a 8 c 0\ 00 VQ o' \D t- ' m -<*■ a N >CI C M '-' '-' '-' 1 M M M q_ J in •^ ): w" < ^^ ^ a ^ , ■n oc 1- N ■^ h -J h ^ M •i ,/ T 1^ t^ CO H o: 00 c ^ f ■) \D \o VC VC VC 1 -^ oc vc VO ? c C M o\ t vc c * C ; VD ■ f i Ch !>■ C s « VC ■ CC m M 1 vo 1 c ■^ t^ oc 0\ OS \C xn 1? *f 1. •^ C/5 w ro -d- H 00 OD 00 OO !S O S i J. n i i E 1- i E a c I E .2 J ^ % 1 . 1 c E- ■N EAILROAD COMMISSIOKEE S EEPOKT. 489 t^ ■n in o CTi « r^ ^ « t^ f^ Q U-) X » ? »-. a. Cft •* VO ■* 00 «% ■W. ^ o rn CO CO o M- 00 VO in en w "OS o\ 00 M in VO o VO o Oi ■ o n- o o o \o \D o> ■ft* ■««, 8 S H N 1- ■ i i B 1 i u i , 1 . in •00 . 00 1 1 -I a o - will not vary much from the>-.. ...j .„..„„n ;j I Interest paid on floating debt, Dividends declared ...., amount actually paid. J 318,211 32 None Interest falling due during the year and not paid : All interest as it accrues is charged in the accounts as paid ; if "not paid it is carried as floating debt. Floating debt liquidated during the year 3,112,091 32 Balance for the year (excluding land and trust income) 3j556,5i8 51 Balance at commencement of the year (excluding land and trust income) 7,616,122 92 Balance at the close of the year ending June 30, 1885, (excluding land and trust income) 11,172,641 42 Corrected balance June 30, 1885, (excluding land and trust income) 9,515,121 23 *NoTE — These earnings are subject to a deduction of $74,^33-07, on accou7ti of United States Government inail disallowances yu.ly i to DeceMiber 31, 1884, an adjust- ment entry having been tnade in income account in books at Boston q^ce. INCOME ACCOUNT. Incume fiom earnings (gross) Income from stock owned of connecting or other roads and compafiies.. Income from bonds owned of connecting or other roads, etc Income from stock held of your own road Income from bonds held of your own road Income from lands sold or leased during the year Income from bonds and stock of other railroad companies held in trust . Income from other sources Total income from all sources for the year , Proportion of income for Colorado $3,269,701 76 % 17,828,939 ID 548,288 80 1,098,550 00 5 25 159,910 00 8,428 87 325,255 00 124,845 82 $ 20,094,222 84 RAILED AD COMMISSIONEE S EEPORT. 493 GENERAL RECAPITULATION. Total income Total operating expenses and taxes. Net income above operating expenses and taxes Net income above operating expenses, taxes, interest, etc., on this form Gross income per train mile run [7,714,812 -miles] [^ 2 6°^=^ Net income per train mile run [7,714,812 miles] [ 4^-0! Percentage of net income to cost of road and eqmipment [ .02 24 ] Ji2Oj094,222 04 9>°9°>53^ 55 11,003,691 29 $3,556,518 5i SURPLUS. Surplus at the commencement of the year (including land contracts, land, cash, etc) $ 18,915,713 86 Surplus at the close of the year (including land contracts, land, cash, etc) .. The amount invested in railroad stocks. 26,486,886 27 Give the name of each road and the number of shares owned in each of them, and the par value of each, the nam.e of each road and the amount ihvested in the bonds of each. MISCELLANEOUS STOCKS . OWNED DECEMBER 31, 1884. NAME. RATE OF PAR. PAR VALUE. Occidental and Oriental Steamship Company {$ 5,000,000 subscribed, 3 per cent, paid) Nevada Improvement Company Kansas Central Elevator Company Union Elevator Company, Omaha Kansas Carbon Company St. Joseph Union Depot Company 100 roo 100 100 100 100 $ 150,000 00 5,000 00 25,000 00 80,100 00 250,000 00 1,000 00 494 RAILEOAD commissioner's REPORT. MISCELLANEOUS STOCKS. (continued.) NAME. Union Depot Company, Kansas City Topeka Iron Company Bakerville and Leadville Toll Road Company Council Bluffs Street Railway Company St. Louis and Mississippi Valley Transportation Company. Kansas and Eastern Railroad Construction Company Union Coal Company National Land Company Bozeman Coal Company Total RATE OF PAR. PAR VALUE 21,000 00 1,175,725 00 MISCELLANEOUS BONDS OWNED DECEMBER 31, 1884. RATE OF PAR. RATE OF INTEREST. PAR VALUE. 1,000 8 $ 1,000 00 500 8 10,000 00 SOO 7 2,000 00 1,000 8 15,000 00 1,000 8 10,000 00 500 7 10,000 00 500 7 20,000 00 500 7 15,000 00 1,000 7 4,000 00 1,000 7 5,000 00 1,000 6 20,000 00 100 100 112.000 oo Council Bluffs Street Railway Company National Mining and Industrial Association, Colorado McPherson City, Kansas Lenora Township, Kansas Solomon Township, Kansas Starr Township, Kansas Belleville Township, Kansas Freedom Township, Kansas North Loup Precinct, Nebraska Scotia Precinct, Nebraska Schuyler Precinct, Nebraska Clyde City, Kansas Buena Vista Land Company Totals RAILROAD commissioner's REPORT. 495 SUMMARY. Par value of bonds Par value of stocks..., Total par value... Cost to the company . $ 112,000 00 1,175,725 00 $ 1,287,725 00 $ 752,534 i LIST OF UNDERLYING BONDS HELD IN THE SIX PER CENT. COLLATERAL TRUST. DECEMBER 31, 18 AMOUNT. Utah and Northern Railway Company bonds Colorado Central Railroad Company bonds Omaha and Republican Valley Railroad Company's bonds.. Total $ 2,518,000 00 2,220,000 00 1,092,000 00 $ 5,830,000 00 The amount of Union Pacific six per cent, collateral trust bonds outstanding against the above is $4,662,000 — about eighty per cent, of the sum of the underlying bonds as authorized by the mortgage. LIST OF UNDERLYING BONDS HELD IN THE FIVE PER CENT. COLLATERAL TRUST, DECEMBER 31, 181 Colorado Central Railroad Company's bonds Utah and Northern Railroad Company's bonds Omaha and Republican Valley Railroad Company's bonds.... Utah Southern Railroad Company's extension bonds Denver, South Park and Pacific Railroad Company's bonds., Total .' $ I ,474 000 00 2 ,351 OOD 00 721 000 00 97 000 00 I ,896 000 00 $ 6 .539 000 00 The above, at ninety per cent., authorize an issue of $5,885,000 collateral trust bonds, of whice $3,719,000 only are outstanding, the balance, $2,166,000, being held by the company and not included in the funded debt. 496 RAILROAD COMMISSIONER'S REPORT. STOCK OF OTHER RAILROAD COMPANIES, OWNED DECEMBER 31, 1884. NAME OF RAILWAY COMPANY. Omaha and Republican Valley Railroad Company Omaha, Niobrara and Black Hills Railroad Company St. Joseph and Western Railroad Company St. Joseph Bridge Building Company Marys"iUe and Blue Valley Railroad Company Echo and Park City Railway Company Utah and Northern Railway Company -. Colorado Central Railroad Company Colorado Central Railroad Company (Wyoming) Denver, South Park and Pacific Railroad Company Lawrence and Emporia Railroad Company Salina and Southwestern Railroad Company , Kansas Central Railroad Company Denver, Western and Pacific Railway Company Central Branch Union Pacific Railroad Company Atchison, Colorado and Pacific Railroad Company Nevada Central Railway Company Manhattan, Alma and Burlingame Railroad Company Utah Central Railway Company Loveland Pass Mining and Railroad Tunnel Company Salt Lake and Western Railway Company , , Salt Lake and Western Railway Company (Nevada) , Leavenworth, Topeka and Southwestern Railway Company.... Manhattan and Blue Valley Railroad Company Utah and Nevada Railway Company Colorado Western Railroad Company , Gray's Peak, Snake River and Leadville Railroad Company. Montana Railway Company Greeley, Salt Lake and Pacific Railway Company Oregon Short Line Railway Company Total Rate of par. Par value. 100 $ 926,500 00 100 977,000 00 100 1,536,200 00 100 500,000 00 100 ' 64,000 00 100 480,000 00 100 4,816,400 00 100 6,229,000 00 100 130,000 00 100 6,042,500 CO 100 465,000 00 100 231,700 00 100 1,313,400 00 100 762,500 00 100 858,700 00 100 124,600 00 TOO 959,500 00 100 418,650 00 ICO 1,886,900 00 20 4,800 00 100 1,080,000 00 100 50,000 00 100 555,900 00 ICO 44,341 98 100 438,500 00 100 9, 100 00 100 6,000 00 TOO 60,000 00 100 808,500 00 100 6,314,000 00 .,... $38,093,691 98 KAILROAD commissioner's REPOET. 497 LIST OF BONDS OF OTHER RAILROAD COMPANIES, OWNED DECEMBER 31, 1884, NAME. RATK OF PAR. RATE OF INTEREST. PAR VALUE. Omaha and Republican Valley Railroad Co. $ I, coo 7 ^ cent. $ 1,851,000 00 Omaha, Niobrara and Black Hills R R. Co. ■ r 1,000 loo"! 500 1" 7 ^ cent. 977,000 00 St. Joseph and Pacific R. R. Co., ist mort . ■( 7 ^ cent. 1.303,369 00 L 1,000 J loo") Kansas and Nebraska R'y Co., istmortgage ■ [ 500 \ 7, 000 J loo"! ylfi cent. 1,114,661 40 Kansas and NebraskaR'y Co., 2d mortgage 500 - r,ooo 7 f. cent. 24,700 00 St. Joseph Bridge Building Company, T,000 7 "^ cent. 784,000 00 Marysville and Blue Valley Railroad Co 1,000 7 3 cent. ■ 128,000 00 Echo and Park City Railway Company 1,000 6 ^ cent. 480,000 00 Utah and Northern Railway Company 1,000 7 '^ cent. 4,968,000 00 Colorado Central Railroad Company 1,000 7 fi cent. 4,697,000 00 Denver, South Park and Pacific R. R, Co.. 1,000 6 '^ cent. 2,689,000 00 Kansas Central Railroad Company 1,000 6 ^ cent. 1,162,000 00 Denver, Western and Pacific Railway Co... 1,000 7 ^ cent. 694,000 00 Atchison, Colorado and Pacific Railroad Co. 1,000 6 3 cent. 508,000 00 Nevada Central Railway Company 1,000 8 ^ cent. 250,000 00 Manhattan, Alma & Burlingame R. R. Co. 1,000 6 f, cent. 339,000 00 Utah Southern Railroad Co. Extension 1,000 7 3 cent. 982,000 00 Loveland Pass Mining & R. R. Tunnel Co.. 500 7 ^ cent. 400,000 00 Salt Lake and Western Railway Company.. 1,000 6 ^ cent. 1,080,000 00 St. Louis,Council Bluffs & Omaha R. R. Co. i I 5oo| 6 ^ cent. 19,500 00 i.oooj Wasatch and Jordan Valley Railroad Co ... 500 10,000 00 Hastings and Grand Island Railroad Co 1,000 7 fi cent. 375,000 00 Greeley, Salt Lake and Pacific R'y Co 1,000 7 f> cent. 808,000 00 Oregon Short Line Railway Company 1,000 6 ^ cent. 2,195,000 00 Totals... $27,839,230 40 63 498 KAILROAD COMMISSIONER S REPORT. SUMMARY. Par value of bonds Par value of stocks Total par value .. Cost as per balance sheet.. ^27,839.230 40 38,093,691 98 $65.93219°^ 38 fe6,746.790 64 LIST OF STOCKS OF OTHER COMPANIES HELD BY THE TRUSTEES OF THE KANSAS PACIFIC CONSOLIDATED MORTGAGE, DEC. 31, 1884. NAME. RATE OF PAR PAR VALUE. $ 100 100 50 100 100 $ 720,000 00 60,000 00 1,000,500 00 17,000 00 94,800 00 Golden, Bouldei; and Caribou Railway Company National Land Company Total $ 1,892,300 00 LIST OF BONDS OF OTHER RAILROAD COMPANIES HELD BY THE TRUSTEES OF THE KANSAS PACIFIC CONSOLIDATED MORTGAGE, DEC. 31, 1884. NAME. RATE OF PAR RATE OF INTEREST. PAR VALUE. Junction City and Fort Kearney Railway Co. ... Golden, Boulder and Caribou Railway Co $ 1,000 1,000 1,000 1,000 1,000 1,000 7 ^;cent. 8 ^ cent. 6 ^ cent. 7^ cent. 6 ^ cent. 6 ^ cent. g 970,000 00 60,000 00 575,000 00 548,000 00 465,000 00 540,000 00 Lawrence and Emporia Railroad Company Salina and Southwestern Railway Company Total $ 3,158,000 00 KAILEOAD COMMISSIONER S EEPOET. 499 SUMMARY. Bonds at par Stocks at par Total ' Cost as per balance sheet.. 5 3,158,000 00 1,892,300 00 $ 5,o5o»30o 00 $ 3j2I5,200 00 STATEMENT OF THE SINKING FUND OF THE UNION PACIFIC RAILROAD COMPANY, ESTABLISHED IN THE TREASURY OF THE UNITED STATES, UNDER THE'ACT OF MAY 7, 1878, TO DECEMBER 31, 1884 Moneys withheld for transportation services, and carried to the credit of the sinking fund Cash paid by the Company , Interest collected on bonds held in the sinking fund Total United States 3 per cent, bonds $966,450 00 United States 4 per cent, bonds 32,650 00 United States 6 per cent, bonds 631,000 00 $ 1,360,100 00 Premiums paid on bonds bought for the sinking fund j 172,990 44 $ 3,540,971 58 788,173 43 176,985 46 $ 4,506.130 47 Balance in the sinking fund, uninvested- Total 2,973,040 03 $ 4,306,130 47 FUND RELATING TO THE UNION PACIFIC RAILROAD COMPANY'S LAND GRANT BONDS. Amount of bonds issued Cancelled to December 31, 1883 Cancelled during the year 1884 Total cancelled to December 31, 18S4 Amount outstanding December 31, 1884 . •210,400,000 00 $ 7,040,000 00 $ 3,360,000 00 500 RAILROAD COMMISSIONER S REPORT. FUND RELATING TO THE UNION PACIFIC RAILROAD COMPANY'S LAND GRANT BONDS.— Continued. Land and town lot contracts of the Union Pacific Railroad land grant outstanding December 31, 1884 Cash balances in the hands of trustee, December 31, 1884.. Total amount applicable to the payment of bonds Amount of contracts on hand, and cash in the hands of the trustee in excess of amount required for payment of bonds, and which, after the satisfaction of the land grant mortgage, is applicable to the payment of sinking- fund eight percent bonds , $10,338,652 28 2,210,797 14 $12,549,449 42 $9,189,449 42 THE AMOUNT OF ITS OWN STOCK AND BONDS OWNED BY THE COMPANY, DECEMBER 31, 18 STOCKS, Union Pacific Railway Company Union Pacific Railroad Company Kansas Pacific Railway Company Denver Pacific Railway and Telegraph Company Total BONDS. Union Pacific Railroad Land Grant Bondsy Union Pacific Railroad Omaha Bridge Union Pacific Railroad Sinking Fund eight per cent, bonds . Kansas Pacific Consolidated Morrgage Kansas Pacific Income (unsubordinated) Kansas Pacific Coupon Certificates Total Total stocks and bonds g 50 00 159,600 00 200 00 300 00 $ 160,150 00 $ 7,000 00 5,000 00 723,000 00 2,730,000 00 2,400 00 87 50 $ 3)467.487 50 $ 3,627,637 50 SUMMARY. Stocks at par Bonds at par Total of par value.. Cost to the company.... $ 160,150 00 3,467,487 50 $ 3.627,637 50 S 3,578,159 76 EAILEOAD COMMISSIONERS REPORT. 501 fe 8 8 8 « \o S 00 II o ^ 8 £■ 2 (N s, VC H in M in C^ ,p- n oc q^ oo" W CTi t^ n" :£ \Fi o VO CO o\ in a 00 00 00 s i" ^ VC 'F 00 <; do rr^ ■5a «% 6 O 1 t-., 00 w <-o in in 3; ^ « t- M m 1 00 ! : w 00 § O; M^ 2_ a S' 5. 2 :« oc a. in [-> c rj >n c o a vo' T 0" a. c< »£ 1 — . Wl •iQ, M, W,_ CO 13 : ^'. H>.- 15 Z u u < 8 pci u ACCOU] COMPAN H Q SI g 1 s 1 c a. e 8 ■ ;>> 13 : f : bo fa § 1 fe .^ ) -O : ? t "cfl o ;^ 11 i ^ - -T3 5 'rt _c « 1 LOSING RAILWA ■S •X = 1 i i i 6 1 n: 5 .5 d E i 1 « " c^ rt S 'S £ "So - s ■^ 1° 1 ^ u VC VC 1 H O V£> O tC ^ 8 K - 'h VC -1 m 3\ 8 - > t — ' Z c ^ lo 1/ > f ^0 -^ :x3 ™ c ; -^ 1- «n « VO co^ 0, r-. ' H§ O c \ " ^ S "~ ' 3 ? t^ CO mvD W Hioo om roNON Mininmn h nw (■* cx)^ m ro «^ q_ n N^ N 00^ 00 On t; in n_ h- «, m" m w h 1* « h t? ^^ cT ^ «" in en cn W ■ o z w cn •< CM £ 1 265 53 1^226 55 651 16 529 21 301 85 202 13 211,061 56 1,652 81 967 03 1,386 76 1,624 61 818 54 10,429 60 598 39' 132 40 3,496 28 O § ta t^coooNO Oco N « moNmio-^ND ln^s'l^ NOoo N -j-ioH o\-*M M ■*-l^M oooc» cn «i->(N««>-iininP^oocovo-^m H M O W fa g > m -t- m m \o ONio t^inm^o N t^w -ij-iom CO (N ■<^^-.mco omr^oo m h os rn en la m « 000 r^NO f-ON^D ^^.l-o^*^>^c^^ooo on infOiomoo mmNO uioono m onoo n w r^ ■*NO«'0'ot^HHinoo-*roooONO m a g vo fON^mo MNO ONt^M t^o foooNO Ooo Tf-oomo-i-ro ooooofoio-tt-oooNMON M (NMmH■^NO^-I■T^ c > i i2 tr c » 1 1 )- 1 > 0: 1: i- c c 1 PC c c ) c — 0. > > c c 1= .s t c > C RAILROAD commissioner's REPORT. 503 >8 O ON % o M % lO $. g, ic in ^ >8 H Ch ■? " ? 00 o VO \D vo in NO ^ CO c^ OS s >8 3- ^ o ■s s> N §. o O !? o\ ■O >8 S t^ g. O H ■>1- ?, VD ys VO VO m S 5 t^ if H m M §■£-2 2 < U fe u ^ w X H O ^ )— ( P^ ^ Q O 00 Q °° < " Pi d O ^' J u Q W 1-1 Pi ^ t(! n O fe ^ >— i c/) Q b ^ ^ w p u o (-^ p^ o Ph Pi -o T3 -o >* 1 1 _!. 1 en > s rt o -^1 u O o D -"^ Z 7"a >S o kS h s > < as ai = ■& < K 'W)rt u ^! 0.5 H 07 bo Z *" Q iJX ^ M -0 0^ o u < o I'ss a ■Bs = " -Ss-S u s'^s 3 - g-a * c ^ J? 4J ^ ft C a u c 1 SI ft 1^ t t: *> « s ff ) p Z o »> : u H J ; c Oj < ! f 3 c a. 1 1 ' i 3 & c Q >> X ^ oT u ; - d 5 £ H ^ : u g < >- J ' ^ H ^ ? P 3 ^ ^ P 3 pi ( > bi LO H , ^ in ! a H CO CO [ 3 ro 1 e . a ^ j J £i 4> ^ cS B 1 c n t ^ H 3 1 Q W ca « 'r t ^ H <; u M B P rt pq rt 2 p s % _r >. (g s !-"■ 1/1 .3 u C11 m s p^ ^ Q P, ^ H '0 ►-1 w 1 .^ 4 r a ' i cj ■ i 00 CO CO 00 . >-. >^ &-, Si 3 "a 3 3 RAILBOAD COMMISSIONERS REPORT. 505 a S 2 2 V : o : o . 13 : -o : V '■ V i 1 . V > =• a j3 i! t: o e! fa P H ' U t3 m O m . ■ ^ U^ : 1- 4J U — . flj QjQSq• i 5 3 ^ ■- .S 2 •^ "-ibfl S i^ ■3 ■- M bS m M w •g' -C = 5 c o "5E Cfi C/3 U CO fe c< M E >< UUQS«oaKMPO : i I 1 ;man rer.'l ^ ^f J3 s £ rt H-1 l-i a s 3 cn S •— . ui F= ^ ^ 1:4 t-n 1-^ •— > ^ 5 in CO CO CO CO CO CO 00 « S 6 M (1.° P>-,>2,Afc.SSSS- M S S ►^ U H W 00 CO CO CO < s s 508 RAILROAD COMMISSIONER S REPORT. TABULAR STATEMENT OF ACCIDENTS. KILLED. INJURED. CAUSE OF ACCIDENT. Passen- gers. Employes Others. Passen- gers. Employes Others. I 8 Falling from trains Getting on & oflf trains Highway crossings I I 3 •2 2 33 Trespassers on tract.. I 2 I I 45 SUMMARY OF ACCIDENTS FOR COLORADO. Number of persons killed during the year Number of persons injured during the year Number of casualties purely accidental during the year Number resulting from lack of caution, carele^ness or misconduct.. Number of trespassers on track killed Number of trespassers on track injured Number of tramps, or others, stealing rides, killed or injured 3 51 32 TRAIN ACCIDENTS IN COLORADO, FOR THE YEAR EMBRACED IN THIS REPORT. Whether attended by injury to persons or not ; give date and place of accident ; if passen- ger or freight train; nature and cause ; particulars and extent of injury to train ; num- ber killed and number injured. July 8, 1884 — Passenger. Coronado; engine derailed by running over a steer; damage, nbne ; injury to persons, none. July 19, 1884 — Passenger. Agate; run into at side, by steer, breaking steps on mail, bag- gage and two coaches. July 29, 1B84 — Passenger. River Bend ; derailment, account running over a steer ; engine, tank and mail car thrown over on side and first and second class coach oflf track; no one injured. RAILROAD COMMisSIONER's REPORT. 509 August 23, 1884— Freight. Lake; truck of Denver, Western and Pacific No. 16 broke, south side of track being washed away ; no other damage ; no one injured. November 27, 1884 — Freight. Brighton ; derailment ; car left on siding too near main track, which derailed two cars in passing train ; damage, ^46. December 6, 1884 — Freight. Denver; train parting; damage, $48 50. December 17,1884 — Freight. Pierce; collision; two engines were attached to same train, coupling between two broke and hind engine ran into forward one ; dam- age, $113. December 17, 1884 — Freight. Athol ; derailment; defective switch , damage, I65. March 9, 1885 — Passenger. Greeley ; derailment ; expansion of rails by warm weather moved the track out of line,; two coaches and sleeper derailed ; damage, $132 ; one person injured. April 26, 1885 — Passenger. Denver; derailment; defective frog; sleeper off track; dam- age, JS66.80. May 15, 1885 — Freight. Henderson; collision with hand- car ; hand-car destroyed; dam- age, S58.50. June 8, 1885 — Freight. Agate; roof of St. L. R. Co., No. 600 slightly burned account spark from engine; no oth6r damage ; no one injured. June 9, 1885 — Passenger. Denver; derailment; misplaced switch; engine and one pair trucks of baggage car off track ; damage, $32.35. June 17, 1885 — Freight. Denver; derailment; misplaced switch ; no damage. ADDITIONAL QUESTIONS. EXPRESS COMPANIES. What express companies run on your road, and on what terms, and what condiiions as to rates, etc. ; what kind of business is done by them, and do you take their freights at the depot, or at the office of such, express coinpany ? Pacific Express company. SLEfepiNG CARS. Do sleeping, parlor or dining cars run on your road, and if so, on what terms do they run, by whom are they owned, and what charges are made in addition to regular passenger rates ? Contract with Pullman Palace Car company, by which the Union Pacific Rail- . way company acquired a three-quarter interest in the Pullman Palace cars running'' on its operated lines. What is the total amount paid by your company to palace or sleeping car companies, to what companies, and the amount paid to each ? Please state fully the arrangement by which these cars run on your road, the , terms, and who receives the earnings. No con- , tract or arrangement made with any company, excepting the one mentioned in preced- ing article. UNITED STATES MAIL. What is the compensation paid you by the United States government for the transportation of its mails on your road in Colorado, and on what terms of service ? The United States prescribes the rates pursuant to the terms of the Revised Statutes, sections 510 RAILROAD COMMISSIOKEr's REPORT. 4001-5, subject to the deduction of 10 per cent, imposed by the act of July 12, 1876, and 5 per cent, imposed by the act of June 17, 1878. This allowance is not deemed suf- ficient nor lawful by the Union Pacific Railway Company. What amount have you paid for receiving and delivering mail to and from stations on your road in Colorado ? $808,08. TELEGRAPH. How many miles of telegraph are owned by your Company in Colorado ? 388 miles wire. What other company, if any, ownes a line of telegraph on your right of way in Colorado, and how many miles do each own? Western Union Telegraph Company own 388 miles wire; 194 miles poles owned jointly by U. P. R'y Co. and Western Union Tele- graph Company. LANDS— CONGRESSIONAL GRANTS. State the number of acres of land your company has already received from the congressional grants 12,370,497.76 State the number of acres yet to inure to your company from congressional grants ; 5,820,658.90 State the average price at which these lands have been sold ("Union Division $ 2,61 -S- or contracted by the com pay {^Kansas Division $ 3.87 State the number«of acres sold 10,746,392.63 State the amount received from sales $ 13,493,323 38 State the amount unpaid on outstanding contracts... 13,686,888 15 State the gross amount received from sales, contracts, forfeited contracts, etc., up to June 30, 1885 28,485,167 75 State the amount expended in sale and management of lands 2,184,405 94 State the amount of -taxes paid on lands 1,273,632 93 State the amount realized from the sale of lands above the expenses in- curred in the management and taxes 25,027,128 88 Date of original charter of the road, and that of any road consolidated with it, and the names of the companies : The corporation is a consolidation (effected January26, 1880,) of the Union Pacific Railroad Company, Kansas Pacific Railway Company and the Denver Pacific Railway and Telegraph Company, all of which were chartered by the act of Congress July i, 1862, and amendments thereof. Rates and dates of all cash dividends on stock of original and consolidated companies ; July, 1875, ij^ per cent.; October, 1875, 2 per cent.; year 1876, 8 per cent.; year i'677, # 8 per cent.; year 1878, 5 per cent.; year 1B79, ^ P^*" cent.; year 1880, 6 per cent.; April and July, 1881, each j}£ per cent.; October, 1881, and January, 1882, each i^ per cent.; April, July and October, 1882, each i'^{ per cent.; year 1883, 7 per cent.; January and April, 1884, each 1^ per cent. Date when main line (giving termini and length) was put in operation : Omaha to Ogden, November 10, 1869, 1,048.94 miles. Date of the commencement of operating of each branch line, giving termini and length: Kansas Division completed to Denver,September i, 1870, Kansas City, Mo., to Denver 643.51 miles; Leavenworth branch completed May 15, 1866, Leavenworth and Law- rence, 34 miles; Cheyenne Division completed January i, 1871, Denver and Chey- enne, 106 miles. RAILROAD commissioner's REPORT. 511 Roads operated under lease? None. What operating arrangements have you with other railroad 9ompanies? None. Are the bridges and trestles provided with guard rails? Yes, Do all bridges and trfestles receive stated examinations? Yes. How often? Twice a year. By whom? Inspector. Average number of cars in passenger train in Colorado : 7.7. Average number of cars in freight train in Coloi'ado : 23. ' Cost of all snow sheds and fences : Cannot be given. Cost of repairs of snow sheds and fences during the year : $2,745.66. Cost of removing snow and ice from the track during the year : ^^2,143 97. Has your company any rule governing your conductors, engineers, trainmen and switchmen concerning the use of intoxicating liquors? If so, what is it, and is it enforced? Rule JO ; the use of intoxicating drink by employes will be considered good cause for dis- missal from the service. It is enforced. What are your rules, if any, in relation to examination for color blindness of employes whose duties require that they should readily distinguish the various colors used for sig- nals? No special rules covering examination for color blindness, but employes are tested on this point during examination on general rules. Have you in use any cars provided with an -automatic coupler ? All passenger, mail, baggage and express cars have the Miller couplers. Ten stock cars are equipped with Janney couplers. Experiments are now being made with the Janney freight car coupler. What coal mines do you own and work, and where located ? Mines Nos. 2 and 6 at Carbon, Wyoming Territory. Mines Nos. ±, 3, 4, 5 and 6 at Rock Springs, Wyoming Territory. Mines Nos. 3 and 4 at Almy, Wyoming Territory, Mines Nos. i and 2 at Grass Creek, Utah Territory. What stone quarries do you own and operate, and where located ? At Stout, Colorado. Are you in any manner interested in either coal mines or stone quarries, other than as above specified? We are interested as stockholders in the mines of the Union Coal Company, the mines of the Kansas Carbon Company and the mines of the Bozeman Coal Company. If so, state fully their name, locality an4 extent of your interest? Union Coal Company, in which we are interested to the extent of ^138,500 ; mines located as follows : Welch coal mine, Louisville, Colorado. Boulder Valley mine, Erie, Colorado. Nos. I and 4 mines, Como, Colorado, Baldwin mine, Baldwin, Colorado. Kansas Carbon Company, in which we are interested to the extent of $250,000 ; mines located at Carbon Hill, Kansas. Bozeman Coal Company, in which we hold a half interest ; mine located at Boze- man, Montana, but not at present in operation. 512 RAILROAD COJCMISSIOlirER's REPORT. State of Nebraska, County OF Douglas, Jss. I, Erastus Young, Auditor of the Union Pacific Railway Company, being duly sworn, depose and say that I have caused the foregoing statements to be pre- pared, by the proper officers and agents of this com- pany, and, having carefully examined the same, declare them to be a true, full and correct answer to each and every question therein propounded, and that the same con- stitutes a true statement of the condition and affairs of said company on the thirtieth day of June A. D. 1885, to the best of my knowledge and belief Signed, Erastus Young, [l. S.J Auditor. OF R. R. Subscribed and sworn to before me this fifteenth day of October, A. D. 1885. Leavitt Burnham, [l. S.J Notary Public. Received and filed in the office of the Commissioner of Railroads this twelfth day of December, A. D. 1885. Henry Felker, Secretary. Complaints and Petitions SUBMITTED TO THE RAILROAD COMMISSIONER, Opinions and^ Decisions, CASE NO. 1. Ex parte. G. R. Hudson. > Transferability cf Ticket. Filed May 6, i88s. The facts submitted in this case not requiring an an- swer, nor appearance on the part of the Union Pacific Rail- way Company, the party to be affected' thereby, and a decision being required immediately and before ^the ticket expired by limitation, the railway company was not noti- fied, and a hearing was had ex parte. The substance of the complaint is fully set .forth in the opinion of the Commis- sioner. OPINION. On this sixth day of May A. D. 1885, comes the said G. R. Hudson and submits the following statement of facts, to wit: 1, One C. C. Knapp, on the thirtieth day of April, 1885, purchased a passenger ticket (No. ,11, form 433 E.) of the Oregon Railway and Navigation Company at Portland, Oregon, good for one continuous emigrant passage, from Portland, Oregon, to St. Paul, Minnesota, limited to May 10, 1885; not transferable. The contract to which the coupons are attached pur- ports to have been signed by purchaser, C. C. Knapp. The connecting lines of railroad embraced in the tran- sit, includes the Union Pacific railway, passing through this State. Knapp, to whom the ticket is issued, traveles on same to Denver, Colorado, and then sells and delivers same to Hudson, who is a ticket broker residing in Denver. The opinion of the Commissioner is asked whether or not this ticket is valid in the hands of the assignee of the purchaser. 516 RAILEOAD commissioner's REPORT. I am clearly of the opinion that it is not. The pur- chaser, in consideration of a reduction of rate, agrees that the passage shall be continuous; that he will use it within a specified time ; that he will not transfer the ticket ; that the ticket shall be void arid subject to be taken up by the conductor if presented by any other person than the pur- chaser. The limitations contained in this contract are binding, unless affected by statutory enactment. This brings me to the consideration of the following provision of the General Statutes of this State : "All passenger tickets shall be transferable by delivery, and no discrimination of any kind shall be made by any railroad corporation, or by its agents or employes, against the holder of any passenger ticket." Applying this statute to the facts in this case, brings up this single legal proposition : can State legislation operate on railway traffic passing through the State from a point with- out to a point without? No rourt, within my knowledge, has even in obiter dictum intimated that it can; but on,the contrary the decisions are uniform and the law well settled, that such traffic is inter-state commerce, and can be regu- lated only by Congress. The termini of transportation being without the State, our statute is not operative upon this contract. The ticket is voidable in the hands of any other person than the pur- chaser, and subject to be taken up by the conductor, on any part of the line of railroad, when presented. W. B. Felker, Commissioner. Denver, May 6, A. D. 1885. EAILROAD commissioner's REPORT. 517 CASE NO. 2. Ex parte. C. C. Bischof. V Transferability of Ticket. Filed May 7, A. D. 1885. The complaint filed in this case, sets forth the same form 61 ticket, issued by the same company, between the same points, ov6r the same lines of railroad and subject to the same contract existing in the case of ex parte G. R. Hudson. OPINION. The facts submitted in this case, raise the identical point determined' in ex parte Hudson. The decision in the Hud- son case is followed. W. B. Felker, Coinmissioner. CASE NO. 3. J. L. Love, vs. > Transferability of Ticket. The Union Pacific R'y Co. Filed June 16, A. D. 1885. The hearing in this case was had upon the oral com- plaint of the complainant, J: L. Love, and the oral answer of George Ady, General Passenger Agent of, and who appeared for and in behalf of respondent. None of the facts were disputed. OPINION. Complainant in this case sets forth the following state of facts: Complainant on the first day of June, A. D. 1885 pur- chased of a ticket scalper, at Denver, Colorado, a ticket of which the following is a copy, to wit: "Union Pacific Railway. Special first class ticket for one person. Account order of George Ady. Deijver-"A" 518 RAILROAD commissioner's REPORT. to Leadville, when officially stamped. ' Void after June 2, 1885. If this ticket is issued for more than one person, the one in charge will sign this contract. In consideration of the reduced rate I hereby agree to all above conditions. (Signature.) John Peterson. Witness: R. H. Elliott. No. 9210 — Form L 102. C. S. Stebbins, General Ticket Agent." On the left hand side of this ticket is the following printed matter, to wit: " This ticket is not transferable, and if presented by any other than the original l;iolder, whose signature is hereon, the conductor will take it up and collect full fare. The holder will write his or her signature when required by conductor or agent. Baggage liability limited to wearing apparel not exceeding ^100 in value per passenger. Conductors will note on back hereof the number of passengers carried hereon and sign it, if filled up for more than one person." On the right hand side of said ticket is the following printed and written matter: ■ "Union Pacific Railway 9210. Special. One person. First class. Denver "A" to Leadville via Denver, South Park and Pacific. This check is not good for passage. Must be filled up to correspond with the ticket and returned with the col- lections by first conductor to whom presented." Within the life of this ticket complainant presented the same to the baggage master at the Union depot, city of Denver, for the purpose of having his baggage checked, whereupon the baggage master informed the complainant that the ticket was not transferable, and accompanied by the complainant took the ticket to George Ady, the general ■passenger agent of respondent, who refused passage there- on, cancelled and took up said ticket. Upon investigation, the facts stated in the complaint were found to be true, and the following additional facts were obtained : RAILROAD commissioner's REPORT. 519 Out of courtesy to the State press, railway companies have been accustomed to issue one-half fare tickets to reporters, John Peterson, representing himself to be thus connected, procured from George Ady, general passenger agent of the Union Pacific Railway Company, an order for a half-fare ticket from Denver to Leadville. Peterson im- mediately sold the ticket tQ a scalper and he to com- plainant. Under the statute of this State all railroad tickets are transferable by delivery, excepting commercial and excur- sion, or round-trip tickets. Any contract of limitation as to person is absolutely void. It being admitted by respond- ent that the ticket in this case belongs to neither of the excepted classes, it follows as a matter of course, that the ticket is transferable, and that respondent was wrong in refusing to honor the ticket when presented. The reasons urged for cancellation of ticket were, that ' the transfer by Peterson to the scalper was in fraud of the company's tariff regulations; that complainant was not an innocent purchaser without notice, the ticket containing on its face an agreement of non-transferability ; that complain- ant not being entitled to the privilege accorded to the press, it was inequitable for him to demand carriage on a half-fare ticket; that the company had no other means of protection than enforcement of the condition in the con- tract of the right to dishonor the ticket. All argument is answered by the statute. A transfer by operation of law cannot be in fraud of the rights of any one. The contract of non-transferability being void, it was no notice to any one. Statutory law knows no equity. A void contract not being capable of enforcement cannot fur- nish protection; the company must rely solely upon the individual integrity of its beneficiaries. If railway com- panies see fit to distribute favor they must take their chances on the moral character of the elect. The ticket 520 RAILROAD commissioner's REPORT. holder stands on his statutory right; the confidence fraud on the black list, and the dispenser of railway bounty on the anxious seat. < The respondent, following the suggestion of the Com- missioner, issued to complainant a first-class ticket for pas- sage from Denver to Leadville, in place of the cancelled ticket. W. B. Felker, Com inissioner. CASE NO. 4. John Keough, "VS. ( Transferability of Commer- The Denver & Rio Grande( cial Ticket. Railway Company. ^ Filed June 25, A. D. 1885. This case was submitted to the Commissioner upon the oral statement of complainant and the oral answer of S. K. Hooper, General Passenger and Traffic Agent of respond- ent company. None of the facts were disputed. A con- struction of our statute was asked by respondent for its future guidance in like cases. OPINION. The undisputed facts in this case are as follows: On the sixth day of June, A. D. 1885, said railway company issued to one William Shroer, an accredited agent and repi'csentative of the Gem City tobacco works of Quincy, Illinois, the following commercial permit : " Denver and Rio Grande Railway, 1 W. S. Jackson, Receiver. j Commercial permit. Not transferable. Good only when officially stamped on the back and signed by person to whom issued. RAILROAD commissioner's REPORT. 521 On presentation of this perijiit, ticket agents are author- ized to sell tickets at commercial rates between, points in Colorado and New Mexico, for the personal use of Mr. William Shroer. Account of Gem City Tobacco works, of Quincy, Illinois, until August 31, 1885, unless otherwise ordered. On conditions stated hereon. This permit will not be honored by conductors on trains. No. 2897. S. K. Hooper, General Passenger and Traffic Agent!' On the back of this permit is printed the following : "conditions. The liability on baggage checked on reduced rate ticket, purchased under 'this permit, is limited to a sum not exceeding ^100 per passenger. This permit must, in all cases, be exhibited to conduc-t tors with the commercial rate tickets accompanying it. Both this permit and the commercial tickets secured under it are not transferable, and if ^ther are presented by persons not entitled to use the same they will be taken up unhonored. The holder will establish identity by signature, or otherwise, whenever requested so to do. No portion of full rates paid from stations where tickets are not sold, or account of expiration of this per- mit, or its dishonoring from any cause, which will be refurided, This permit is accepted and used subject to above con- ditions. (Signed) William Shroer." t This permit was officially stamped on the back and signed by the purchaser, WilHam Shroer. On the twenty-second day of June, A. D. 1885^ on the presentation of the foregoing permit to the ticket agent at the Union Depot, Denver, Colorado, said Commercial Agent Shroer purchased of said ticket agent, at commer- cial rates, the ticket following, to wit : 66 522 RAILROAD commissioner's REPORT. " Dertver and Rio Grand^ Railway. Commercial ticket. Good for one passage for person named on back. Denver (C. O.) to Silverton, Colorado, when presented with permit No. 2,897. Void after days from date stamped on back. Stop-over allowed if not (L) punched. 812 S. K. Hooper, General Passenger and Ticket Agent." Ticket stamped on back and signed by t"he commercial agent, William Shroer. On the same day of purchasing said ticket said Shroer sold and transferred said ticket together with the aforesaid commercial permit, to one G. R. Hudson, who thereafter and on the same day sold and transferred both the ticket and permit to the complainant, John Keough. Said Keough on the same day took passage on train No. 3, at Denver for Silverton. The conductor of said train took up said ticket and per- mit, refused complainant passage thereoYi, and upon his refusal to pay the regular fare ejected him from said train on the arrival thereof at Littleton. The opinion of the Commissioner is requested as to the transferability of this commercial ticket. The statute governing the case reads as follows : "All passenger tickets shall be transferable by delivery, and no discrimination of any kind shall be made by any railroad corporation, or by its agents or employes, against the holder of any passenger ticket. All passenger tickets shall be good for one passage over the road, or part of road expressed therein; Provided, Nothing in this section shall be construed to prohibit the issuance of commercial, excur- sion or round-trip tickets, with the usual conditions therein, nor tickets limited as to time, but not as to persons." Although the proviso is somewhat inartificially drawn, it is easy to discover .the intention of the framer. The statute was aimed at the abolition of railroad discrimina- tion against the holder, who was not the original purchaser, of a ticket for passage over its road. The proviso was intended as excepting two classes of tickets from its opera- RAILROAD commissioner's REPORT. 52S ation, viz : Commercial and excursion or round-trip tickets. All tickets were made^ transferable by delivery excepting the two classes named. By the very language of the Statute,iit is apparent that the Legislature had, or at least assumed to have, a full knowledge of the various kinds of passenger tickets ,in use by the several railroads in this State, together with their terms and conditions and limita- tions. In the light of this knowledge, the right to issue the two classes of tickets, "with the usual conditions therein," and enforce such conditions, was preserved to 'the companies by the exception. It is useless, in view of our statute, to discuss the ques- tion of discrimination involved in the custom of railway companies issuing this class of tickets. The custom has received legislative sanction, and no controversy can over- turn legislative enactment. The people's representatives evidently considered the reductian of rate to commercial men to be in the interest of trade and commerce. I am not prepared to disagree with them. The commercial ticket had its origin in railway concession to a particular class of patrons of the , railroad companies, and its con- tinued existence is at the sacrifice of gross earnings of the road. It certainly is not quite easy to comprehend wherein railway companies are the parties benefited by a continuance of this commercial custom. It is not questioned that the commercial permit and ticket in this case is in any particular different from those in use at the time -of the passage of this statute. The terms and conditions named in this permit and ticket were in legislative contemplation when it used the language. " with the usual conditions," in the proviso, authorizing rail- way companies to issue and use this class of non-tranfer- able tickets. I am at a loss to know what kind of a com- mercial , ticket would fall within this provision of the statute should the ticket in this case be excluded. o24 RAILROAD commissioner's REPORT. Complainant claims, and it appears to be the principal fact relied upon to take this ticket out of the provisional clause of the statute, that the ticket contained no condition or agreement of non-transferability. This position of com- plainant is clearly untenable. There is no rule of'law better established than that two or more instruments exe- cuted as parts of the same transaction, whether at the same or different times, are to be taken together and construed as one instrument. In this case the permit authorized ticket agents to sell on certain conditions, and the purchaser can only buy upon subscribing to such , conditions. The ticket is purchased with the conditions attached. The permit refers to the ticket, and the ticket specially refers to the permit. The language of the ticket plainly indicates that it represents only a part of the contract of carriage. The words "Good for one passage for person named on back, when presented with permit No. 2,897," renders the ticket absolutely value- less without the presence of the permit. For the pur- poses of exacting passage the one is valueless without the presence of the other. Unless the permit be presented with the ticket the conductor is not bound to honor the ticket. It follows then, that these two papers must be construed together, for the purposes of ascertaining the conditions of the contract between the parties. Referring to the agreement on the permit, signed by the purchaser Shroer, it will be seen that the third condition contained therein expressly provides that the permit and ticket secured under it shall be non-transferable. Such conditions have been universally held by the courts to be ' reasonable and proper, and a violation thereof works a forfeiture of both permit and ticket. Bearing in mind that both the sale by Shroer to Hud- son, and by Hudson to complainant, were made on the day RAILROAD commissioner's REPORT. 525 of the purchase of the ticket from the company, it is quite evident that Shroer at the time of making the purchase had no intention of himself using it, but took advantage of his position as a commercial agent to practice a deliberate fraud upon the railway company. While this fact would ^lot change the contract hability as effected by the statute, it is a strong justification on the part of the railway com- pany to stand strictly upon its legal rights as expressed in the contract. In point of fact, the only adequate means of protection afforded the raihyay companies is to enforce the contract by taking up the permit and ticket and refusing passage thereon, as was done in this case. The Commissioner is of the opinion that the commer- cial permit and ticket in this case falls directly within the provisional clause of our statute; that such permit and ticket are not transferable; and that the conductor had legal authority to take up both permit and ticket and refuse complainant passage thereon. In connection with this opinion it would not be im- proper to say: It appearing that the complainant was an innocent purchaser and in no wise connected with the fraud practiced by Shroer upon the company, and being a labor- ing man without means, the Commissioner in his behalf, made a statement of the facts to the proper officer of the Denver and Rio Grande Railway Cornpany, with a request to furnish said complainant with a full fare ticket from Denver to Silverton, upon payment by him to said com- pany of the difference between the commercial rate paid by Shroer and a full fare passage, and that the company complied with such request and issued such ticket, but withthe distinct understanding that it should not constitute a precedent for future action of the company in like cases. W. B. Felker, Commissioner. )26 RAILKOAB COMMISSIOlSrEK's REPORT. I CASE IMO. 5. Ex parte The Denver and n- • ■ ^- ■ r ■ 4 ^T r\ T, Discrimination in refusing to New Orleans Railroad • , ^- l ■ ^ \ do a connectins; business. Company. ^ Filed July 12, A. D. 1885. ■ This case was submitted upon the petition of John Evans, president of the Denver and New Orleans Railroad Company, and the accompanying exhibits A, B and C. No decision upon the legal rights of petitioner, nor upon the legal responsibilities of the Union Pacific Railway Com- pany was requested to be given; but the friendly offices of the Commissioner was asked to bring about friendly business relations between the two railroad companies. Following is the petition, exhibits and letter of advice of the Commissioner. ' - petition. Hon. W. B. Felker, Railroad Commissioner of Colorado : Sir — In my petition asking your official interference to prevent a continuance of the extraordinary and unpre- cedented outrage upon the principles of common justice, constitutional guarantee and legal rights, being practiced by the parties to a conspiracy to ruin the Denver and New Orleans Railroad Company, I omitted to refer to the Union Pacific Railway Company, heretofore a party to said con- spiracy. , This omission was made because of the fact that the authorities of that company had acknowledged the v/rong, given orders that are in disregard of the pretended obliga- tions of "the tripartite agreement" (the basis of the con- spiracy) and were actuall)^ but only partially interchanging business with your partitioner. It was because it is be- lieved that wiser counsels and more correct business meth- ods are to prevail in the management of that great property : the Union Pacific railway. Nor is this appeal made because of an apprehension tKat the present management will con- tinue the suicidal policy of ignoring its own interests for the sake of carrying out an unlawful fcompact, which is so EAILROAD commissioner's REPORT. 527 grossly in violation of public policy, the law of common carriers and the provisions of our constitution as to be revolting to public sentiment. But it is because of the impediments that seem to be in the way of carrying out a policy already ordered that I ask your friendly influence and authoritative advice and counsel in bringing about this business arrangement An arrangement .that should be consumated without further delay in justice to your JDetitioners is due the public, and for the benefit of the Union Pacific Railway Company itself You will see by the accompanying letter from Mr. Tay- lor, our traffic manager, marked A, that orders to do busi- ness, with your petitioner have already been issued. You will see , by the accompanying letter marked B, from the same officer, detailing the impediments, that the establish- ment of full business relations have not yet been effected. It is greatly to be desired that through tickets and checking baggage to and from all points, and through rates, and bills of lading should be agreed upon. The public convenience and the interests of both the Denver and New Orleans and the Union Pacific companies' require that these arrangements be effected at once with your petitioners as they are with all other connecting railroads. I am, very respectfully. Your obedient servant, ' John Evans, President, for the D. & N. 0. R. R. Co. EXHIBIT A. Hon. John Evans, President: Dear Sir — We are informed that the following instruc- tions have been issued: " We will, interchange cars with the Denver and New Orleans the same as with other roads. Of course just now we have a surplus, and would be glad to give them all they want. There may perhaps be times when we will be short and unable to accommodate theni fully, but we will do business with them the same as with other connecting lines." Yours truly, W. S. Taylor. 528 RAILROAD COM^IISSIONEr's REPORT. EXHIBIT B. Hon. John Evans, President: Dear Sir — Complying with' your request for a state- ment of our past, present and possible future business relations w;th the Union Pacific railway, I beg to say: During the three years this road has been in operation we have sold at Pueblo and Colorado Springs, over the Union Pacific railway to points on and east of the Missouri river, many hundred tickets for which we have been obliged to purchase of the Union Pacific their local tickets at full rates to protect our issue. The fir^t month of our operations — June, 1882 — it was supposed the Union Pacific would, allow this company its pro rate, the same as they did to the Denver and Rio Grande, and some little effort was made to secure business, resulting in a sale of sixty tickets. At the close of the month, notice was received that the Union Pacific would require full Denver rates on all business from us, hence no furthsr efforts in way of advertising, soliciting, etc., have been made, but on the contrary for much of the time, sale of eastern tickets was discouraged as far as possible without actually forbidding it. Since the Union Pacific allowed us our proportion on tickets sold west; our agents have been permitted to sell to any eastern points also, but the company has taken no steps to aid sales aside from what agents have done individually. Under these circumstances and despite the constantly repeated assertions of the agents of our competitors that " The New Orleans tickets were worthless and would be , dishonored by the Union Pacific," etc., we have sold a goodly number, ranging from twenty-five to eighty per month when we pretended to sell any. l^he first few months of our operation, the Union Pacific accepted our tickets to points on the South Park division, and we noted twenty-five to thirty per month. When our issue was dis- honored we withdrew these tickets, and for the past thirty months v/e have refused all business in that direction. That a considerable part of the through eastern travel would naturally come to us, will be seen from the fact that Colorado Springs and Pueblo aire the second and third important points in Colorado for through travel; that at RAILROAD commissioner's REPORT. 529 present and for some months past our trains from the south are the only ones that connect with the Union Pacific Kan- sas City and one of their Omaha trains. These facts, despite we have no facilities for through checking baggage, and broad cast assertions that our tickets would be dishonored and passengers put- off train or re- quired to pay a second time, and little or no effort on our part to secure them, have sent us and the Union Pacific hundreds of passengers which on the basis the Union Pacific deals with the Denver and Rio Grande railway, would have netted us several thousand dollars, but has netted us nothing, the Union Pacific taking all. Had they allowed us our proportion, and the usual facilities for busi- ness, I have no doubt the business would have been doubled or thribbled, and they, obtaining seventy-eight per cent, would have been largely the gainers, while we would receive enough to make it an object to work up the business. As to freight traffic the situation is about the same as with passengers. Until within the past six weeks that company has absolutely refused to deliver to our road any and all busi- ness consigned or ordered in our care, if destined to a com- petitive point. This order has lately been revoked, but they still refuse to allow us any part of the through rates to those competitive points, but freely give it to our com- petitor. Recently, additional efforts have been made to do business with them. I have been in a position to, and have offered and guaranteed them a business froni a single shipper that would give them a train load of freight per day and for months, a'nd this one item would of itself open the door to another item, giving them a long haul on a very considerable quantity of a desirable class of freight from which they are now entirely shut off. And I have other similar matters in reserve that would enable us to work up a very respectable business for them and us, could we do it as business is done between all other roads in the ^United States. They refused to take any action on the proposition referred to above, on the ground that their present contracts with the Denver and Rio Grande prevented their doing 67 530 KAILROAD COMMISSIOlSrEE's BEPORT. any business with us or to Pueblo, and all our propositions to open business relations are met with obstacles interposed by them and persisted in so as to be insurmountable. To illustrate : ^ There are to-day, at Pueblo, seventy-five carloads of cattle destined for Cheyenne which we engaged to carry. The Union Pacific, during the month of June, has fur-_ nished the Denver and Rio Grande some hundreds of stock cars for this trade. We endeavored to obtain fifty to start this lot. When making the requisition I learned they had over one hundred and fifty stock cars in their Denver yard. , I spent three days trying to get these fifty cars — longer than it would have taken to move the cars to Pueblo and return them with the stock — and was then told, " We cannot possibly spare you the stock cars as we have use for every available stock car to handle shipments already contracted and heavy shipments on the main line." Not three hours before this word was received, I learned, from two officials, whose business it was to knew, that they then had fully one hundred and twenty-five stock cars in Denver yard ; and personally, I went through their yard the same afternoon and saw a long side track filled with stock car,s that I had noticed in the same place a week before. I also learn, positively, that while we were trying to obtain these cars the agent of the Denver and Rio Grande, at Pueblo was boasting that " they had positive assurance that the Union Pacific would not give the New Orleans any stock cars;" 'and was using this as an argument' to try and get this same stock over his road. When this stock business was first proposed I stated " if, necessary we would furnish our proportion of cars for this trade," but was answered, " Oh, we have plenty of cars," and a recent trip over their road showed me nearly every side track full of empties. Cattle shipments from the south to .Wyoming have been almost at a standstill the past few days, partly by reason of dissatisfaction of owners of herds of the way they are handled. I have been in communication with some of these parties and have been positively assured if we could arrange to handle their cattle they would ship at once and were waiting for us to get in shape to do it. With the Denver and Rio Grande publicly boasting that the Union RAILliOAi* COMMlSSiONBE's REPORT. 53l Pacific will not fijrnish the New Orleans any cars for stock it is plain to see how little the wishes of shippers are con- sulted in routing their freight. There is to-day a large business both in and out between points on our line and the Union Pacific that we could secure, most of which is entirely a new business to them — would insure them a large tonnage and long hauls — a con- siderable part of which, by reason of their refusal to handle with us, shippers are, against their wish, obliged to send by other routes. I have facts and figures, and am prepared to make offers and guarantees of business which I am confident will con- vince any fair-minded party of the desirability of the two companies entering into business relations, beneficial to each other and the public ; and if this question can be con- sidered on its merits, I believe it cannot fail to be decided as we desire. Very truly, yours. W. S. Taylor, General Traffic Agent. EXHIBIT C. Denver, Colo., July 8, 1885. Hon. W. B. Felker, Railroad Commissioner : Dear Sir — As a supplement to my communication in regard to an exchange of business with the Union Pacific Railway, I herewith present another communication from Traffic Manager Taylor, for your information, marked "C." As to the last request for cars to haul cattle, I call attention to the "fact that' the business is wholly within this State. He offers to furnish his proportion of cars according to the mileage of the train. Very respectfully, your obedient servant, John Evans, President, On behalf of the Denver and New Orleans. Denver, Colo., July 8, 1885. Hon. John Evans, President : My Dear Sir — Supplemental to my communication of the third, relative to impediments in way of our doing business with the Union Pacific Railway : This a. m., I saw Mr. Adams, the owner of the cattle I referred to therein. He 582 RAILROAD COMMISSIOKEr's REPORT. informed me, after we were 'refused the cars, he looked at the Denver and Rio Grande stock yards, at Pueblo, but their location in tov^n and surrounded by railroad tracks, would prevent his handling wild range cattle there. Also, the treatment he had received from that company stood in the way of doing business with them if he could possibly avoid it ; hence, he yesterday started to drive the cattle to Wyoming in spite of the protests of ranch owners en route. The result of the Union Pacific's action in this case is : Both the Denver and New Orleans and the Union Pacific lose the freight — the Denver and Rio Grande, in whose behalf the Union Pacific's action presumably was taken, gains nothing but ill-will ; the owner of the cattle has been held at Pueblo at an expense equal to what it would cost him to ship, and now is obliged to drive with probably as much additional cost, and chances decidedly in favor of having to fight his way through. Understanding the situation thoroughly, Mr. Adams appreciated our position, but his denunciations of the treat- ment he was receiving were more emphatic than polite. I took occasion to look through the Union'Pacific yards again to-day and found the side track, referred to in my former letter, still full of stock cars, apparently the same cars I saw there some two weeks ago. I am to-day advised: " On and after this date all freight received by us for points on your road will be delivered to you in our cars for transfer only. And under no circumstances must our cars be sent out on your road. This by order of Superin- tendent E. Dickinson. Signed. T. D. Whittall, Agent." For the past two weeks merchandise and ore in Union Pacific cars have been permitted to run over our road with- out transfer, but it appears this is to be permitted no longer. Mr. Whittall informed me personally he had standing orders to, and did, send Union Pacific cars over the Denver and Rio Grande railway without limit. RAILROAD commissioner's REPORT. 533 I am to-day ordering of the Union Pacific thirty-five cars to move a lot of cattle, contracted after conference with Messrs. Kimball & McMillan, as to rates and use of their cars. These cattle go from Pueblo to Denver Junction — points within this State. From Mr. Whittall's letter and our experience of the past week, you will see the slight probability of our obtaining these cars and the much greater probability of a citizen being forced to ship by a line he dislikes, or incur the cost and trouble of driving his cattle. Yoiirs very truly, W. S. Taylor, General Traffic Agent. The foregoing petition and exhibits, and the following letter of advice, were forwarded to the Hon. Charles F. Adams, Jr., on twelfth day of July A. D. 1885 : letter of advice. State of Colorado, \ Office of the Railroad Commissioner, j Hon. Charles Francis Adams, Jr., President of the U. P. R'y Co., Boston, Mass.: Dear Sir — The petitioner, the Denver and New Or- leans Railroad Company, a corporation organized under the laws of the State of Colorado, with a trackage of 137 miles in operation, represents that for a long period of time there has existed, and still does exist,^ a contract between the Atchison, Topeka and Santa Fe railroad, the Denver and Rio Grande railway, and the Union Pacific railway companies, known as the "tripartite agreement," by the terms of which a division of all Colorado business is made among those companies to the exclusion of all other com- petitive railroads. That hitherto said railroad companies have refused to enter into business relations with petitioner, or in any man- ner interchange business or recognize petitioner as a com- mon carrier, as is customary with connecting lines of rail- road. 534 RAILEOAD commissioner's REPORT. That such refusal has not only diverted business from petitioner's road, but has occasioned great public injury and inconvenience. The petitioner further represents that the Union Pacific railway has lately signified its willingness to transact busi- ness upon the transfer plan wfth petitioner, but that the obligations contained in said tripartite agreement are still an impediment to a full and fair interchange of traffic such as is carried on between connecting lines. The petitioner does not ask an investigation by the Com- missioner of either the law or the facts governing the case, but, assuming the facts set forth in the petition and accom- panying exhibits to be true, the Commissioner is requested to give his advice in regard to the equitable duties which should induce the Union Pacific Railway Company to enter into an arrangement for the interchange of business with ' petitioner. The Commissioner realizes the delicacy of the duty required to be performed, especially in view of the fact that proceedings are now pending before the Commissioner which involves an investigation of the legal obligations of two of the parties to this same tripartite agreement to do that which under the statute is now asked to be done as matter of equity. And were it not for the fact assumed in the petition, that public intere.sts are involved, I should hesi- tate long before advising one railroad company to enter into business relations with another. But when public highways having physical connections are closed to the shipper unless he be willing to suffer the loss and inconvenience of transferring his own shipment, it becomes a matter of public concern, and public justice demands that railroad animosities shall cease in the pres- ence of the public welfare. When one railroad company refuses to recogzize another railroad company otherwise than as an ordinary shipper, it retards the customary pro- EAILEOAD commissioner's EBPORT. 535 gress of carriage, occasions loss and extra expense in trans- fer of goods from one car to another, and delays the ship- ment upon its journey. Who must suffer this loss? Who dpes suffer the loss ? ^ ■ ■ The right of the shipper to order his shipment over such route as he may desire, will not be disputed. If he have two or more highways, he may exercise his prefer- ence, and who" is to dispute or even interfere with his method of doing business? In the language of Charles Francis Adams, Jr., at Portland, Oregon : " The railroad management which undertakes in that way to hamper the natural freedom of trade is not minding its own business. Whether it makes a fortune or not, it does not deserve to make one." In so far as the alleged tripartite agreement attempts to change the legal obligations of the contracting parties to the public, it is clearly against public policy and void. It is not in the' power of a railroad company by combination or otherwise, to divest itself of the least of its statutory or common law liabilities as a common carrier. One of the duties of a common carrier is to transport shipments ap- pearing on his bill of lading with all reasonable dispatch. Shall the shipper be obliged to stand speachless and dam- nified while two commoa carriers refuse to recognize each other and their respective relations to the public? One common carrier upon a public highway, stands at the termi- nus of two other converging highways and says to the shipper : " Unless you ship with the common carrier whom I may direct, I will not receive your goods otherwise than by trans-shipment." The hand of iron coming out of this tripartite agreement is ever ready to crush the friendly shipper over the road of petitioner. Even the stockholder of petitioner's road, if he happens to be a heavy shipper off ^he line of his own road, is compelled to forego his prefer- erence and capitulate to the combined enemy. 536 EAILKOAD COMMISSIONER'S REPORT. Passing the question of the legal right to enforce such a poHcy, the question will naturally come up, is it jus- tice? Is it right? Is it even good railroad management? To crush petitioner's road because it is weak, is downright injustice. To force commerce through an unwilling chan- nel to the inconvenience and injury of commercial industry is a wrong to the public. To refuse business intercourse unless it comes through a certain channel is bad railroad management. The petitioner sets forth loss of traffic to the Union Pacific railway, as well as the Denver and New Orleans railway. The refusal to interchange cars lost the Adams herd of cattle to both roads ; and many other similar trans- actions are recited. Wise mahagement seeks traffic; reaches out to grasp every hand of trade and commerce, and refuses none. The same sense of self interest that actuates business men to adopt principles of fair dealing among men, should actuate railroad managers toward communities with whom they seek business relations. No business can so readily accumulate enemies, and no business stands more in need of cultivating friends. Especially is this so in localities of sharp competition. The road of petitioner was built with Colorado capital; it is owned and managed by Colorado men; its traffic, as yet, is local, confined within the State ; its friends are Colo- rado shippers. By pursuing a just and liberal policy, you can make them your friends. The Union Pacific, as a cor- poration, is powerful enough to do right. It is beneath its dignity to do right when it is for its interest, and wrong when it is not. To my personal knowledge, not one of the general officers of that great corporation, as individuals, would for a moment occupy such a questionable position. I can see no reason for enforcing a different rule in railroad management. RAILROAP commissioner's REPORT. 537 I, therefore, most earnestly urge the president and gen- eral officers of .the Union Pacific Railway Company to carefully investigate and consider the matters set forth in the annexed petition, and accompanying exhibits, and then deal out even-handed justice to petitioner, to the public who desire to do business over your road, and thereby do that which will reflect credjt upon the intelligent manage- ment of the great public corporation which you represent. Yours, respectfully, W. B. Felker, Commissioner. To the foregoing letter of advice, the Commissioner received the following answer : Chicago, Illinois, July 21, 1885. Hon. W. B. Felker, Denver, Golo.: My Dear Sir — I have to acknowledge the receipt from your office, bearing no data, of certain .recommendations made upon an ex parte application of the Denvet and New Orleans Railroad Company, respecting the business rela- tions alleged to exist between that company and the Union Pacific Railway Company. Those relations, it is stated in your communication, are unsatisfactory and unjust to the Denver and New Orleans Company; and you apply to the president and board of directors of the Union Pacific to modify them. It is, of course, unnecessary for me to point out to you, that the relations of the railroad companies which together afford its railroad facilities to Colorado, as to other com- munities, are somewhat complex. For one company to establish for itself, pr accept a code qf working principles, however theoretically or economically elevated, without regard to the views, or financial and territorial exigencies of other companies, would evidently lead to conflicts most prejudicial to the: community as well as to the railroads. Railroad companies are business concerns, and must be managed, if they are to be managed successfully, on busi- ness principles among themselves. If I am correctly informed, all the corporations operating railroads in Colo- 68 5oS RAILROAB commissioner's REPORT. rado are, as respects the matters to which your letter relates, in the same position as the Union Pacific. I do not understand that your letter, or the recommendations con- tained in it, are addressed by you to any company except the one which I represent. Should the Union Pacific act independently, and in the manner you suggest, the result! would be inevitable, and so apparent that it is unnecessary for me to point them out. Under these circumstances, it seems reasonable to request that any recommendations addressed to the Union Pacific should also be addressed to all other companies sim- ilarly placed. It will then be possible for those companies to act in concert, and by acting in concert to avoid conflicts, and grave consequent injury to the interests of' Colorado ; a result which I am confident no one would deplore more than yourself I remain, very truly yours, Charles F. Adams, Jr., * President. CASE NO. 6. Refusal to honoy tickets, bill The Denver and New Or- \ LEANS Railroad Company, \ Complainant, vs. The Atchison, Topeka and' "freights, exchange and Santa Fe R. R. Co., The^'' haul cars, and do a gen- Denver and Rio Grande , eral connecting business. R'y Co., and The Burling- \ TON and Missouri River I R. R. Co., Respofidents. / Filed October 20, 1885. COMPLAINT. Denver, Colo., June 13, 1885. Hon. W. B. Y'ELK^k, Railroad Commissioner of the State of Colorado, Denver, Colo. Sir — Some four years ago a number of the most enter- prising citizens of Colorado, men who have taken a lead- ing part in many of the important enterprises that have KAILROAD OOMMESSIONER's REPORT. hH9 changed Colorado from a wilderness to its present develop- ment, seeing the great importance of a direct line of rail- road from Denver through Texas to the Gulf of Mexico, organized a company to build it. So great was the confidence in the enterprise' that they put over two millions of Colorado cash into it, more than twice as much home capital as has ever been invested in any other enterprise in the State. The necessity to the general prosperity of the State, for th'E early completion of the road to a through connection with the railroads qf Texas, and the Gulf of Mexico, has become more and more apparent ever sinog it was pro- jected. It would save millions annually in the export of ore, matte and base bullion to the markets of the world, and a thousand miles of rail haul on a large part of the goods, wares and merchandise consumed in the Rocky Mountains. And the recent interruptions to the cattle drives, has shown that to the stock growing interest espec- ially it is of paramount importance. The road under the name of the Denver and New Or- leans Railroad was completed to Pueblo and Colorado Springs over two years ago. But while its great public importance and the legal right of the parties to build and operate it, have never been questioned, the most extraordinary combination of railroad companies that has ever been formed for such purposes has used every possible means to break it down. It would be in vain to search the history of railroad operations for a like example of per- sistent effort, on the part of four great and powerful cor- porations, owned and controlled outside of a State, to break down a legitimate one, mostly owned and entirely controlled within it. ■ In this case the combination controls nearly all of the railroad business west of the Missouri River and east of California, a region of country two thousand by five hun- dred miles in extent. It has endeavored to enforce abso- lute non-intercourse with your petitioner generally ; refusing to interchange freight or passengers with it, even to and from local points on its line, and refusing to deliver freights although consigned to it, or honor tickets issued by other campanies over it. In locating the line, the engineers 540 RAILROAD commissioner's REPORT. I found the best route from Denver to Galveston was by the way of Pueblo, which brought it into competition with a part of the line of the Denver and Rio Grande railway. The management of that road conceived the idea that it was their duty to break it down and to hold all other rail- roads to non-intercourse for the purpose. Although the completion of its short line to the sea would have bene- fitted the property of the Denver and Rio Grande Railway Company as much if not more than any other property in Colorado, yet its management made a suicidal effort, doing all competitive business for less than cost on their hne, in' order to ruin the Denver and New Orleans con]- pany. For oyer two years, and until its management had passed into the control and direction of the court, was this vindictive policy pursued. This combination is operating under a contract to destroy the value of the property of your petitioner, which in an able opinion by Hon. Moses Hallett, judge of the United States District Court, which was concurred in by Hon. Judge McCrary, then on the bench, was pronounced to be "a conspiracy to grasp com- merce and prevent the building of railroads and void." Out of defense to the Denver and Rio Grande, the other parties to the said unlawful agreement continue to decline to do business on fair and equitable terms with the railroad of your petitioner. Some of them profess a willingness to exchange business with the Denver and New Orleans road on fair and equitable terms, as they do with every other railroad from Main to California, if the authorities of the Denver and Rio Grande will permit' them to do so. Since thus far your petitioner has been unable to obtain that permission, your official authority is invoked to pre- vent the continuance of such gross injustice and unlawful discrimination as are continually being practiced against your petitioner in violation of the law of commom car- riers, the constitution of the State of Colorado, and the law recently passed by its legislature creating the office now held by your honor. The seventh section of that law prohibits discrimination by any railroad corporation against any person, company or corporation. RAILROAD commissioner's REPORT. 541 As the Atchison, Topeka and Santa Fe Railroad Com- pany, the Burhngton and Missouri River Railroad Com- pany, /and the Denver and Rio Grande Railway Company are continually and daily violating these laws by refusing to bill freights, honor tickets, switch and exchange cars, etc., over and with the Denver and New Orleans Railroad Com- pany at the same rates and upon " like conditions and under similar circumstances" as they do with other railroads and with each other, your official authority is invoked to secure for your petitioner these privileges, and all the rights it is entitled to enjoy, under the laws of the State. I herewith submit specifications, furnished by W. S. Taylor, Esq., traffic manager, for your information. Very respectfully, your obedient senvant, John Evans, President, in behalf of the D. & N. 0. R. R. Denver, Colo,, June 8, 1885. Hon. John Evans, President: My Dear Sir — As per your request, I beg to hand you statement of some of the discriminations of the Burlington and Missouri and Atchison, Topeka and Santa Fe railroads against this company. If Judge Felker can correct these, I can furnish others to work on.' Very truly yours, W. S. Taylor, General Traffic Agent STATEMENT. DISCRIMINATION AGAINST THE DENVER & NEW ORLEANS RAILROAD, The Burlington, and Missouri River road refuses to do any business , whatever with the -Denver and New Orleans Railroad. Refuses to deliver it freight consigned to or in its care, or obey order of consignees to route freight to Denver and New Orleans. It absolutely refuses to receive any freight from the Denver and New Orleans, and the only way the latter com- pany can secure its freight being forwarded over the Bur- 542 UAILEOAD COiMAriSSIONER's REPORT. lington and Missouri is to turn it over to a third party who is required to make out a new bill of lading, noting the freight as originating at Denver. The usual custom between railroads to transfer freight from one road to the other, on transfer sheets, the Burling- ton and Missouri utterly refuses to observe, in connection with the Denver and New Orleans, or to deal with the agents of the latter as representatives of a transportation company. It also refuses to allow its freight cars to pass to the Denver and New Orleans, as is customary between connecting roads, and has torn out track connection made by the Denver and New Orleans, so that there is now no physical connection between the two tracks, although the Burlington crosses three tracks of the Denver and New Orleans. , ' The Atchison, Topeka and Santa Fe Railroad Company refuses to allow any exchange of cars with the Denver and New Orleans ; to take freight offered it loaded in Denver and New Orleans cars, or allow its cars loaded for Denver .and New Orleans points, to go over the latter road, although it furnishes all the broad guage cars from the south for Denver and Colorado Springs, over the Denver and Rio Grande Railway. It carries this prohibition so far that it refused to take a Denver and New Orleans car, loaded with cattle, from the junction of the two roads, at Pueblo, to its stock yards, to transfer to its own car, a distance of less than a mile, but required the stock to be driven through the city. Except in one particular ca.se, where local influence compels a different course, the Atchison, Topeka and Santa Fe refuse to switch Denver and New Orleans cars to any of its own or customer's side-tracks connected with its system at Pueblo. Although it freely switches any and all cars of the Denver and Rio Grande on request. Many of its tracks are in public streets where it is impossible to lay additional tracks without interfering or blocking travel, hence the only way outside roads can reach their customers are over the tracks already down. We claim it is an established and well recognized cus- tom all over the country for one road to switch cars of another company on demand, for compensation. The only RAILROAD commissioner's REPORT. 543 deviation from this rule, in this State, is the refusal of the Burlington and Missouri Railroad, the Atchison, Topeka and Santa Fe Railroad, and in most, cases, the Denver and Rio Grande Railway, to switch cars of the Denver and New Orleans Railroad. The complaint and statement was served on the several respondents ; to which the following demurrers were made and filed: TITLE. DEMURRER. And now comes William S. Jackson, receiver of the goods and property of the Denver and Rio Grande Rail- way Company, by Edward O. Wolcott, his attorney, and demurs to the petition filed herein, because the Hon. Rail- road Commissioner, of the State of Colorado, is without jurisdiction in the premises. W. S. Jackson, Receiver. By Edward O. Wolcott, his attorney. TITLE. DEMURRER. And now comes the Burlington and Missouri River Railroad Company in Nebraska, by Edward O. Wolcott, its attortiey, and demurs to the petition filed herein, because the Hon. Railroad Commissioner, of the State of Colorado, is without jurisdiction in the premises. The Burlfngton & Missouri River Railroad Co. By Edward O. Wolcott, its attorney. TITLE. DEMURRER. The Atchison, Topeka and Santa' Fe Railroad Com- pany, party defendant to above stated complaint, filed by the Denver and New Orleans Railroad Company, hereby gives notice, that upon the argument of the same, it will demur thereto, and insist that the matters and things alleged in said complaint are not within the cognizance of the Hon. Railroad Commissioner, of the State of Colorado, and that no relief can be granted by him in the premises. Chas. E. Gast, Solicitor for the A., T. & S. F. R. R. Co. 544 EAILBOAD COMMISSIOISTEr's REPORT. » On September 17, 1885, the complainant, by Hon. Thomas Macon, and the respondents by Hon. E. O. Wol- cott and Charles E. Gast, Esq., appeared before the Com- missioner, orally argued the issue of law raised by the demurrers aforesaid, and thereupon submitted the same. OPINION. Accompa;iying the complaint are submitted certain specifications, in the nature of a bill of particulars, to which the complaint refers the Commissioner for informa- tion. I shall treat this document as constituting a part and parcel of the complaint in this case for the reason that it specifically sets forth the commission of the particular acts, which in the complaint is charged in a general way to be unlawful discrimination. I am more inclined to do so from the fact that both the complaint and specifications were evi- dently drawn without the aid of legal advice, and by per- sons entirely innocent of all legal knowledge of forms of pleading. The gist of the complaint is, that respondents refuse to bill freights, honor tickets, switch and exchange cars,- etc., over and with the Denver and New Orleans Railroad at the same rates and upon like conditions, and under similar circumstances as they do with other railroads and with each other. There are certain charges made against the Burlington and Missouri River Railroad Com- pany, also against the Atchison, Topeka and Santa Fe Rail- road Company not common to the other respondent, nor to each other, which will be hereinafter treated of sepa- rately. To this complaint the respondents separately demur, assign- ing as a ground therefor that the Commissioner is without jurisdiction in the premises. The arguments of counsel upon the issue of law thus raised, were directed not so much to the power of the Commissioner to encompass whatever remedy complainant might have, as to the ques- tion whether the complaint set forth sufficient facts to entitle the complainant to any remedy. It was not seri- EAILEOAD commissioner's EEPORT. 645 ously questioned by the eminent counsel for the respond- ents, but that, if any law of this State concerning railroads had been violated, the Commissioner was clothed - with power to proceed to an investigation, make such order or determination thereon, and take such steps to enforce the same as by statute authorized. If no law of the State has been violated, then clearly, the Commissioner has no power to grant relief in the premises. %The offense complained of is unjust discrimina- tion; and is charged in the language of section 7 of the act of the Fifth General Assembly, concerning railroads. All of that portion of the section, which is pertinent to the present inquiry, is as follows : " No railroad corporation shall, without the written approval of said Commissioner, charge, demand or receive from any person, company or corporation for the transportation of persons pr property, or for any other service, a greater sum than it shall, while operating under the classification and schedule then in force, charge, demand or receive from any other person, company or corporation for a like service from the same place, or upon like conditions and under similar circum- stances, and all concessions of rates, drawbacks and con- tracts for special rates shall be open to, and allowed all per- sons, companies and corporations alike, at the same rate per ton per mile, upon like conditions and under similar circumstances, except in special cases designed to promote the development of the resources of this State, when the approval of said Commissioner shall be obtained in writ- ing." The question turns solely upon a construction of this statute. It was conceded by the learned counsel for the com- plainant, that this statute was but a reiteration of the consti- tution of this State, and that both were merely enunciatory of the principles of the common law. Taking this coiices- 69 546 RAILROAD COMMISSIOlSrER's REPORT. sion in its broadest sense, renders the problem to be solved by these demurrers of easy solution ; for it must be con- ceded that prior to the passage of this statute the law governing the rights and liabilities of these parties in rela- tion to the matters herein complained of was finally settled by the highest judicial tribunal in the land, in the case of the Denver and New Orleans Railroad Company vs. The Atchison, Topeka and Santa Fe Railroad Company; no, U. S. Reports, 667. As there appeared to be some dispute upon the argu- ment between the learned counsel of the respective parties as to exactly what the Supreme Court of the United States had decided it will be necessary to state what, in the opinion of the Commissioner, constitutes the full scope of that de- cision so that we may know just what there is left to decide. In the statement of facts preceding the opinion the following is stated by Chief Justice ,Waite to be the object and purpose of the suit as disclosed by the bill filed : " The general purpose of the suit was to compel the Atchison, Topeka and Santa Fe company to unite with the Denver and New Orleans company in forming a through line of railroad transportation to and from Denver over the Denver and New Orleans road, with all the privileges as to exchange of business, division of rates, sale of tickets, issue of bills of lading, checking of baggage and interchange of cars, that were or might be custonary with connecting roads, or that were or might be granted to the Denver and Rio Grande Railroad Company, another Colorado corporation, also owning and operating a road parallel to that of the Denver and New Orleans company between Denver and Pueblo, or to any other railroad company competing with the Denver and New Orleans for Denver business." It might be well to observe here, that this is identical with the pur- ■ pose sought to be accomplished by these proceedings. In delivering the opinion of the court. Chief Justice Waite considers the questions involved under two heads : RAILEOAD COMMISSIONER'S REPORT. 54'?' First — The respective rights of the parties under the constitution of Colorado ; and SKond —'Y\i€\x relative rights as common carriers under the constitutional and common law obligations combined. Section 6 of article 15 (being the equality clause) is disposed of by the remark that it "imposes no greater obli- gations upon the company than the common law would have imposed without it. " No importance is attached to section 4 outside the requirement concerning intersectiori and connection of roads. The Chief Justice disposes of this clause almost as summarily, and holds that the constitution requires only a physical intersection or connection and does not contem- plate the formation of a continuous line of road and a con- sequent business connection between compahies. This disposes of the constitutional question embraced in the first heading. To the consideration of the questions em- braced in the second heading, the weight of the opinion is directed. Without quoting from the learned opinion of the chief justice, I extract the following propositions of law enunciated : A common carrier is not bound to carry only on • his own line. If he contract beyond, he may select his own connec- nections and choose his own agencies. That in the absence of statutory regulations, companies are not obliged to form a continuous line of transportation and do a connecting business. Companies are not obliged to interchange and haul each others cars, nor honor each others tickets, bills of lading, baggage checks, nor in any manner deal with or recognize each other as transportation companies. The law laid down in this decision covers the broad ground, that in the absence of legislation, every transporta- 548 RAILROAD COMMISSIONERS REPORT. tion company as against any other transportation company, can enforce the hard, selfish doctrine of strict non-intercourse . That each must deal with the other, if at all, as shippers, forwarders, customers of the road, nothing more. I see no escape from the sweeping results of this decision, except through legislative interference. The complaint rests upon the section of our statute directed against unjust discrimination ; and the complainant insists, notwithstanding the admission of its able attorney, that this statute goes beyond and has a broader scope than the constitution of this State, or the principles of the com- mon law. That it embraces legislation such as was sug- gested by Chief Justice Waite in his opinion in the case of the Denver and New Orleans Railroad Company vs. The Atchison, Topeka and Santa Fe Railroad Company supra. And complainants counsel, unmindful of his admission, made a very learned argument upon authorities cited, to the point, that all common carriers must be placed upon an equality ; on the same business footing ; provided with the same conveniences and the same facilities. Were I to hold him to the logical sequence of his admission, it would destroy the whole force of his able argument and end fur- ther consideration of complainants case. But out of defer- ence to the positions assumed and the points discussed, and that it may not be said that the Commissioner has overlooked important questions tending to the establish- ment of jurisdiction, a brief review of this aspect of the case will be made. It was urged that a common carrier has the same public right to demand facilities for transportation that an ordinary shipper has. And in support of such doctrine, the follow- ing casefe were cited : Parker vs. The Great Western Rail- way Company, 73 Eng. Com. L., 545 ; Sanford'^yj. Railroad Company, 24 Pa. St. R., 378 ; New England Express Co. vs, Maine Central Railroad Company, 57 Me., 188; Dins- RAILROAD COMMISSIOIirER's REPORT. 549 more vs. Louisville, Cincinnati and Lexingtoft Railway- Company, 2 Fed. Rep., 465 ; and Southern Express Com- pany vs. L. and N. Railroad Company, 4 Fed. Rep., 481., I do not understand that the doctrine of these cases is disputed. The trouble seems to lie in discrimination of the true relations existing between the parties. In what char- acter must the public right be demanded? In the charac- ter of shipper or forwarder he may force transportation to the ultimate destination ; but where is the power to enforce a corresponding obligation, while acting solely in the char- acter of a common carrier? I know of none, and none was pointed out by counsel during the course of his able argument. By wading through the case of Parker vs. The Great Western Railway Company supra, some intimations may be picked up that might lead to such a conclusion ; but it must be rememberfed that this case was brought in 1848, upon an English statute, 5 and 6 W., 4. It was the Act of Parliament, incorporating this very railway company; and by the provisions of which, all persons had the right to the free use of the roadway with " wagons " of their own con- struction, by paying such tolls as the company should demand, not exceeding those fixed by the Act. There is little to be gained by consultation of English statutes ox decisions under them, in search for remedial power in the constitution .and statutes of our State. No two systems could be more diametrically opposed to each other, than the American and English. From the first Act of Parliament in 1801 down to the present time, each railroad company has been governed by its special act of incorporation. All English railway legislation is superlatively method- ical, and collated into what is known as the " Railway Priv- ate Acts." From 1801 to 1823 they were called "Railway 550 RAILROAD commissioner's REPORT. and Tramrtiad Acts." The character of the way assumed that of the ordinary tollroad. All persons were authorized to use the roads, furnish their own wagons, and motive power, which consisted of horses and men, and for the use of the road toll was paid to the corporation. A person desirous of engaging in the business of carrier could put on a line of wagons, hitch up his horses, crack his whip, and proceed to serve the public. The first act authorizing the use of steam locomotives was in 1823, on the Stockton and Darlington Railway. It is apparent from the language of this act, that it was not contemplated that the railway company would change its character, but continue to charge toll for the use of the way, and additional toll for the use of the locomotive in expectation that the economy of steam would supersede horse power. Each subsequent act provides for a maxi- mum .toll for the use of the way, and when the use of the locomotive is authorized a maximum toll for haulage. It was not until 1845, and after the railway corporations had themselves become common carriers that maximum rates were established in all the Acts of Parliament. Not- withstanding the establishment of maximum rates, the old system of maximum tolls are still retained in every " Rail- way Private Act " in the kingdom. The antiquities of the old tramroad acts have been imported into each and every railway act down to the present time. Common carriers, other than the railways themselves, still retain statutory rights that enable them to perform a portion of the service, entitling them to a ratable propor- tion of the, maximum charges allowed by law. In the latter acts railway companies ha-O-e maximum rates not only for service ordinarily performed by common carriers, but for loading, unloading, insurance, storage and everything incidental to the carriage of the goods ; anid in addition to these the railway companies perform like ser- RAILROAD commissioner's REPORT. 551 i vice to our express companies ; collect goods for shipment, deliver the same at the door of the consignee, for which service maximum rates are charged. The company makes out a bill of items like a lawyer's fee bill, for every service performed and everything incidental thereto. It may con- sist of maximum tolls, or maximum rates, or a little of both. It may be for the entire service of transportation from the door of the consignor to the door of the con- signee, or it may be for only a portion thereof The ser- vice niay be performed for the individual shipper, or it may be for a carrier ; but whatever performed, or foif whomso- ever performed, the charges must be at a reasonable rate arid without unjust discrimination. The individual carrier stands on the same footing as the individual shipper, each can enforce his statutory remedy according to the terms of the Private Acts. The entire operation of the road may be carried on by job work and piecemeal at the option of the shipper or carrier. There is not a single railway act in England to day but that has a provision embracing this same old toll system. The English parliament has not been known to have had a new railroad idea for the last forty years ; and the English courts circumscribed by English statutes could not be expected to render judicial decisions interpret- ing statutory right which would not be a delusion and a snare when applied to railway management in America. The American Express cases cited are enclosed within a small compass, embracing three distinct points, upon which the decisions appear to be uniform. First — That express business is ultra vires the corporate powers of railroad companies. That they cannot be com- pelled to perform such service, neither can they legally vol- unteer to undertake it. Second — That express business is an organized branch of business separate and distinct from railroad service. 552 EAILBOAD COMMISSIONEe's EEPOET. That by rapid transit and quick, safe delivery of goods to all parts of the country it has enlarged its convenience and usefulness to the public to such an extent as to make its continuance a public necessity. Third — That such public necessity imposes a duty upon railroad companies to make provision for that class of car- riage. That in making such provision the express com- pany and the railroad company bear to each other the rela- tion of shipper and carrier and that all such shippers shall be placed upon an equality. That, notwithstanding the pursuit of the business may antagonize the interests of the railroad company and deprive it of a portion of the profits of the carrying trade, yet when, in the character of shipper transportation is demanded the railroad company is legally bound to render the service without discrimination against the person or company so demanding. In respect to the point of discrimination, the American cases follow the case of Parker vs. The Great Western Rail- way Company . JM/>r«. But the cases both English and American stop far short of the ground taken by the com- plainant in this case. They nowh'ere hold, that because a shipper may also be a carrier the railroad company shall recognize his character as a fellow-carrier and treat with him and enter into business relations with him as such. Unless voluntary contractual relations exist between railroad companies, the law imposes none other than that of forwarder on the one part and carrier on the other. That the public may not suffer inconvenience and injury through disagreements between carriers at terminal points, the law permits the carrier in possession of goods entrusted to his care to assume the character of shipper and forward the goods upon their journey ; and the forwarder may ship them over any route he may choose, unless ordered other- wise by the consignor. KAILEOAD commissioner's EEPOET. 553 These are laws of commerce, acknowledged and acted upon the world over. It was said on the argument that railroad companies having obtained greater concessions from the public, chved, greater public obligations. But how is the obligation created ? Certainly not by the common law, for the con- cession comes not from that source. The only principle of the common law that accompanies voluntary concession is, that one who enjoys the benefit of a donated grant shall not use it to the injury of the giver. The power to con- cede has the power to impose, and that power rests solely in the people. Its expression is found in the written law of the State. Without stopping to discuss the public duties of rail- road corporations, it is enough to say, that whatever they may be can cut no figure in this case, for the law is well settled, that a railroad corporation owes no duty to the public beyond its termini, save what it may voluntarily ^ contract. It was further claimed on the argument that the words company or corporation, as used in the discrimination clause of our statute, included railroad corporations in their character as such atid that no discrimination was permitted in favor of one and against another common carrier.' That like service must be performed on like conditions for one as for another. It seems clear to my mind that the lan- guage of the statute precludes that idea. The statute reads "No railroad corporation shall charge, demand or receive ,a greater sum than it shall, while operating under the classification and schedule then in force, charge, demand and receive," etc. The classification and schedule referred to in this section is the same, identical classification and schedule required by section 8 to be posted up for the use of the patrons of the road. This classification and 70 554 RAILROAD commissioner's REPORT. schedule is required for the purpose of securing uniformity of freight rates and is intended to be published and used solely as between shipper and carrier. When used in sec- tion 7 these words not only indicate the character of the service, but clearly identifies the character of the parties to the transaction. The character of the service is trans- portation of persons or property, or other service in ac- cordance with the "classification and schedule then, in force;" and the dealings in relation thereto, is between the railroad corporation on the one hand and the shippers or patrons of the road on the other. If complainant under this section can compel respondents to haul its cars over their roads, then every shipper and every customer of a railroad company can construct his own cars and compel the railroad company to haul them. It seems plain that this statute will not bear so violent a construction. The very able Board of Railroad Commissioners of the State of Iowa, in two opinions have held, that furnishing cars for transportation of freight off its own line and upon the line of another road, cannot legally be required either upon the requisition of a connecting railroad, or a shipper. Alex Risk vs. 111. Cen. R. R. Co., Com. Rep., 1880, page 115; Frank H. Jerome vs. C. B. & Q. R. R. Co., Com. Rep. 1882, page 445. If there still remains doubt concerning the true con- struction of this statute, it cannot fail to be removed when confronted with the history of railroad legislation in this State. The Fourth General Assenbly refused to pass house bill 135, which was "An act to prescribe the duties of con- necting, railroads," and provided for the enforcement of the same rights demanded in the complaint in this case. In the Fifth General Assembly six different bills were intro- duced, each and Qv&ry one of which contained a connecting RAILROAD commissioner's REPORT. 555 clause compelling railroads to do business with each other. Two of them contained a clause conferring upon the Com- missioner power of enforcement, but each and every one of these bills were refused passage. The Commissioner is now called upon by this complainant to do that which the two legislatures refused to do; urged to the exercise of a power which the last legislature by positive and unmistak- able action refused to confer upon the Commissioner. While the Commissioner would willingly go to the very verge of power conferred, to remedy an existing evil, he has not the least inclination to arrogate to himself legisla- tive functions. The main facts set forth in the complaint do not show a violation by respondents of any legal obligations; and the Commissioner is therefore powerless to afford complainant any relief In the specifications filed, there is a charge made against the Burlington and Missouri River Railroad Company, that if true is clearly an act of discrimination within the pro- visions of our statute. It is in the language following: "The Burlington and Missouri River railroad refuses to do any business whatever with the Denver and New Orleans rail- road; refuses to deliver it freight consigned to, or' in its care, or obey orders of consignee to route freight to Den- ver and New Orleans. It absolutely refuses to receive any freight from the Denver and New Orleans, and the only way the latter company can secure its freight being for- warded over the Burlington and Missouri is to turn it over to a third party, who is required to make out a new bill of Jading, noting the freight as originating at Denver.'' Complainant has the same rights under the law as any other shipper or consignee, and those rights must be respected. The specifications make the following charge against the Atchison, Topeka and Santa Fe Railroad Company, viz : 556 RAILROAD COMMISSIOKER's REPORT. " The Atchison, Topeka and Santa Fe railroad refuses to switch Denver and New Orleans cars to any of its own or customer's side tracks connected with its system at Pueblo, although it freely switches any and all cars of the Denver and Rio Grande railway on request. Many of its tracks are in public streets where it is impossible to lay additional tracks without interfering with or blocking travel ; hence the only way outside roads can reach their customers is over the tracks already down. We claim it an established and well recognized custom all over the country for one road to switch cars of another company on demand for compen- sation." The Commissioner is not prepared to say whether this is a violation of the law against unjust discrimination or not. The question was not argued by counsel, and the Commissioner passes no opinion upon it. The Commissioner being fully advised in the premises, -on motion of E. O. Wolcott, attorney for respondent, The Denver and Rio Grande Railway Company, its demurrer to the complaint is hereby sustained. ' On motion of E. O. Wolcott, attorney for respondent, The Burlington and Missouri River Railroad Company, its demurrer to the complaint is hereby sustained without prejudice to complainant to file a separate complaint against against respondent concerning the separate matters charged in the specifications and hereinbefore specifically set forth. On motion of Charles E. Gast, attorney for respondent. The Atchison, Topeka and Santa Fe Railroad Company^ its demurrer to complaint 'is hereby sustained without prejudice to complainant, if so advised, to file complaint against said respondent concerning those matters hereinbe- fore specifically mentioned. Dated October 20, A. D. 1885. W. B. Felker, Commisioner . RAILKOAD commissioner's' REPORT." 557 CASE NO. 8. .Ellls Harris, vs. W. S. Jackson, Receiver of )■ Discrimination. s THE Denver and Rio Grande Railway. Filed September lo, 1885. PETITION. To Hon. W. B. Felker, Railroad Commissioner of the State of Colorado : The undersigned, a citizen of the State of Colorado, and a resident of the City of Leadville, in Lake county, respectfully represents : That on or about the seventh day of July, A. D. 1885, your petitioner, in writing, requested W. S. Jackson, Esq., Receiver of the Denver and Rio Grande Railway, to ship certain cars of coal from Coal Creek, in Fremont county, to Leadville, in Lake county, in said State, and to deliver the same at a certain loading point, and unloading point, on the line of the track of said Den- ver and Rio Grande Railway, at said City of Leadville, known as the Tabor mill site. That pursuant to said request seven car loads of coal werp hauled over said railway from Coal Creek to Lead- ville aforesaid, for your petitioner, but When said cars, so loaded with coal, reached Leadville aforesaid, the agent of said railway at Leadville, to wit ; George W. Cook, as your petitioner is informed and believes, by the order and direction of- said W. S. Jackson, wholly refused and still refuses to allow said car, loads of coal, or any or either of them, to be switched or hauled to said Tabor mill site, although often requested so to do by your petitioner. Your petitioner further shows that it is his intention and purpose to engage in the retail coal trade at Leadville aforesaid, and that it was for that purpose and for no other or different purpose, that he requested said coal to be so shipped and hauled from Coal Creek to Leadville as aforesaid. That he owns and is in possession of the said Tabor mill site. That he has there erected, ready for use, sheds and platforms, also scales and grounds and space 558 RAILROAD commissioner's REPORT. suitable and convenient for the handling of coal. Also, good roads and wagon ways for hauling and delivering coal, and that he has no such facilities at any other place in or about Leadville, and cannot provide the same at any other point without great expense. That said Tabor mill site is conveniently located on the line of a branch of said Denver and Rio Grande Railway, much used by said com- pany in the operation of said railway for handling freight in carload lots. That for a long time last past freight, including coal in carloads has been received and delivered over said track, for and at the request of patrons of said rail- way. That among other freight, coal in carload lots, is being constantly delivered, whenever requested, at various, points and to various patrons of said railway over said branch track. That some of the parties to whom coal has been delivered as aforesaid are the following, to wit: For Frank Gay, at the Pacific Iron works ; to Frank Brooks, at the Antioch stamp mills ; to the Harrison Reduction works ; to the Myers Sampling works ; to the Leadville Gas company. That in so delivering coal to the Antioch stamp mill, also to the Harrison Reduction works, the cars so loaded with coal are run directly past the said Tabor mill site. That at said Tabor mill site are already con- structed suitable side tracks and switches for handling and unloading coal without inconvenience to other persons or parties, patrons of said railway or otherwise. Wherefore your petitioner says said Denver and Rio Grande Railway Company and said W. S. Jackson, Receiver thereof, unjustly and unlawfully discriminates against your petitioner in the transaction of its business. All of which is respectfully submitted. Dated this July 21, A. D. 1885. Ellis Harris. State of Colorado, County of Lake, '' ' .}' Ellis Harris being duly sworn upon oath says he is the agent of A. Harris & Co. above named, that he has heard read the foregoing petition, and that the matters and things therein stated are true of his own knowledge, except as to ss. EAILEOAD commissioner's REPOET. 559 those matters therein stated upon information and belief, and as to those matters he believes it to be true. Ellis Harris. Subscribed and sworn to before me this twenty-second day of July, A. D. 1885. VV. B. Felker, Railroad Commissioner of Colorado. ANSWER. State of Colorado, \ Before Hon. William B. Felker, Railroad Commissioiter. In re pet.tion oe Ellis Harris. W. S. Jackson, Receiver of the Denver and Rio Grande Railway, for answer to the petition of Ellis Harris herein, denies that he has in any manner whatever unlawfully or unjustly discriminated against said Ellis Harris, or against A. Harris & Co., in the transaction of his business as receiver of said railway or otherwise. And on information and belief denies that said petitioner is the owner or in pos- session of the Tabor mill site, or that he has there erected, ready for use, sheds, platforms or scales, or that he has there ground or space suitable or convenient for the handling of coal. And this respondent, receiver as aforesaid, alleges the facts in reference to the matters of said petition to be as follows, to-wit : That the Tabor mill site is situate on a private switch or turn-out of the Denver and Rio Grande Railway ; that said switch \vas originally constructed at the request of the owners and managers of the said Tabor mill site for the purpose of conveying thereto ore and supplies for the mill then and there situate, and not for the use of any other person or persons. That said switch or turn-out has never been used and is not now used for the general business of said railway ; that said Tabor mill site has never been and is not now a loading or unloading point for the general business transacted on said road, nor for any business except the loading of ores from certain adjacent properties. That for convenience in delivering coal in large quanti- ties direct to certain smelters and other consumers, and under arrangements similar to that made with said pro- 560 KAILEOAD COMMISSIONEk's REPORT. prietors of said Tabor milling property, the said Denver and Rio Grande Railway Company has since the year 1880 delivered, and this receiver is now delivering, to such of said smelters and other large consumers, as are situated along the line of saj^ switch or turn-out, the coal required by them for their own use. But neither the said Denver and Rio Grande Railway Company nor the receiver has at any time delivered at any point on said switch or turn-out any coal for general trade, either wholesale or retail. Nor have they, or either of them, ever made or established along said track any place or point of loading or unloading coal or other shipment in the course of general business. And the respondent represents that there are two rail- roads which haul coal to the said city of Leadville, to- wit : The Denver, South Park and Pacific Railroad Company, and the Denver and Rio Grande Railway Company, of which latter road the respondent is receiver. That by cer- tain orders made by the management of each of said rail- roads severally in the year 1880, and which said orders weTe made for the purpose of avoiding unjust discrimination between the various coal dealers at said city of Leadville and vicinity, it was directed that all coal (except for the Lead- ville smelters, Leadville Gas Company, and stamp mills,) should be unloaded at the coal unloading stations of the ' Denver and Rio Grande Railway Company and of the Den- ver, South Park and Pacific Railroad Company, respect-- ively, which said stations were then located and have ever since continued to be at a point on East Twelfth street, in said city of Leadville, immediately opposite the passenger .depot, then and now jointly used by the two said railroad companies. The said orders so issued have ever since con- tinued to be and are now in full force and constitute the rule of action of this respondent in the premises. And the respondent further shows that the Depot Coal Yards, so located and established by said railroad companies for the unloading, of coal, were and are, in every way, convenient for the transaction of coal business at and in the vicinity of said city of Leadville. And there is no other point at or in the immediate vicinity of said city suitable for coal unload- ing stations, or where proper facilities can be had for that purpose ; that the tracks at the said Tabor milling site consist of but two short spur tracks, capable of holding but few cars; that said tracks were not designed nor constructed for EAILROAD COMMISSIONEe's EEPOET. .561 the purpose of receiving coal ; that no coal has ever, at any time, been delivered there, except to supplj^fuel to the said Tabor mill, when the same was in operation ; and that coal has not been delivered for that or any other purpose, for more than three years last past. And the respondent further represents that the principal, and, as he is'infofmed and on information and belief alleges, the only parties shipping coal to the said city of Leadvrlle, for the general trade of said city and surrounding country, other than said petitioner or his principals, are the Colo- rado Coal and Iron Company and the Union^Pacific Coal Company. That both of said dealers have from time to time requested the privilege of having their coal delivered at said Tabor mill site, on account of its proximity to their customers ; that such requests have invariably been denied and refused by the said Denver and Rio Grande Railway Company, and this respondent, and all coal consigned to- said dealers is delivered at the said ©epot Coal Yards. That the said petitioner, and those he represents as agent, " have, long had, and still have, the sanje rights and facilities as any "Other dealer in coal in or about said city of Lead- ville; that all coal consigned to him or his principals at the said city of Leadville is delivered at said Depot Coal Yards, at which place he has the use of a separate track in the immediate vicinity of the track used, by the said Colorado Coal and Iron Company for the same purpose. And this respondent further shows that he cannot switch coal to the said Tabor mill site from the said yards in Lead- ville without great expense and inconvenience; that the dis- tance from the said Depot Coal Yards' to the said Tabor niill tracks is three miles, with a maximum grade of two hundred and twenty-six feet per mile of assent; ; that said. Tabor mill tracks are located on what is known as a switch- back, and it would cost the rfespondent, as receiver of said railway, for each car of coal there switched, in the summer months, the sum of four and eighty one hundredths dollars (^4.80), and in the winter months (November to April,) eight and forty one hundredths dollars (^8.40) per car. And the respondent further alleges on information and •belief that the only object of the said petitioner in attempting to secufe the delivery of coal by the respondent, at said 562 RAILROAD commissioner's REPORT. Tabor mill site, is to give him an unjust advantage over other retail coal dealers in the Leadville market; that said petitioner would thereby secure an advantage over such other retail dealers to the amount of fifty (50) cents per ton in the expense of hauling to the various mines and^ mills in the surrounding country ; that the request of said petion- ers is, grossly unjust and inequitable as between himself and other retail dealers, patrons of respondent's said road, in that he does not propose or contemplate that the establish- ment of general yards for the coal trade at said Tabor mill site, but asserts and claims an 'fexclusive ownership and control of said premises, and seeks the exclusive control of coal shipments to such point. And respondent alleges that to grant the request of the petitioner would*be to grossly discriminate in his favor, and against the other several retail dealers in coal at said city ^of Leadville, patrons as aforesaid of respondent's road. Wherefore he Rys that he is not only fully justified in refusing the demand of said Harris, but he is in duty bound so to do. W. S. Jackson, Receiver. By Edward O. Wolcott, His Attorney. => State of Colorado, County of Arapahoe, George W. Cook, being first duly sworn, deposes and says that he is the agent at Leadville for the Receiver of the Denver and Rio Grande Railway, and has been agent at said point for the Denver and Rio Grande Railway . Company for more than five years last past, and is the person connected with said road having most intimate knowledge of the facts set forth in the foregbing answer ; that he has read said answer and knows the contents thereof; that the facts therein alleged are true of his own knowledge, except such matters as are therein alleged on information and belief, and as to such matters he believes them to be true. ' G. W. Cook. Subscribed and sworn to before me this twenty-seventh day of August, 1885. George A. Corbin, Notary Public. tiAiLiioAt) commissioner's eepoet. '563 A copy of the foregoing answer having been served upon the complainant, and he being duly notified to pro- ceed with the taking of testim'ony in support of his com- plaint, said complainant thereafter notified the Commis- sioner that a settlement had been effected with the respond- ent ; whereupon the following order was made and entered : The parties complainant and respondent having effected a settlement of the matters of difference embraced in the proceedings in the above entitled cause, it is hereby ORDERED, That the proceedings in the said' cause be and the same are hereby dismissed without prejudice to either party. Dated, September lo, 1885. ■* W. B. Felker, Commissioner. CASE NO. 9. E. O. Williams, ' vs. The Atchison, Topeka and K^^^'^^'^'^ >^ ^"'^'^^S point. Santa Fe Railroad Com-\ PANY. ' I ! Filed August 5, A. D. 1885. PETITION. To Hon. W. B. Felker, Railroad Uommissioner of Colorado : Your petitioner, E. O. Williams, would respectfully state : That he is a resident of Pueblo county, Colorado ; that he is a lessee for the term of fifteen years from April 20, 1884, of the certain lime stone quarry, as follows, to wit : The lime stone quarry situated on the Bussard Ranch, on the north bank of the Arkansas river, about four mile.s west of the city of Pueblo. 564 RAILKOAD commissioner's REPOET. That said quarry is^ situated within about five rods of the track of" the Coal Creek branch of the Atchison, , Topeka and Santa Fe Railway Company, in the State of Colorado. That at the present time the nearest loading point for stone from said quarry is ten or twelve miles therefrom, at Taylorsville. That said lime stone is valuable as a flux, and that at the time of the execution of the said lease he had a contract with Mr. W. Geist, superintendent of the Pueblo Smelting and Refining Company for I0,000 tons of, said rock to be delivered at their smelter in Pueblo, Colorado. f That at the same rate now furnished other quarry men he can ship said stone for seven cents per ton cheaper than it is now being furnished and that he is desirous of ship- ping from one to twenty cars of said stone per pay from said quarry in carload lots, according to demand. That your petitioner has heretofore made application to said railroad company to establish a loading point on its said branch of road, at said quarry, for the purpose of transporting said stone as aforesaid. That said railroad company has refused and still does refuse to establish such loading point at the. place aforesaid. That at some time prior to April 17, 1884, at petitionv er's request, the said company caused a s-urvey of the side track to the said quarry to be made, being near railroad bridge No. 528, and reference is hereby fnade to said sur- vey in the possession of said railroad company for a more particular description, and the Hon. Commissioner is hereby requested to cite the said company to produce said survey upon the hearing of this petition and the viewing of said premises. I Wherefore your petitioner hereby makes amplication to the Hon. Railroad Conjmissioner aforesaid, to establish a loading point for the stone aforesaid, at the quarry afore- said, as provided by section. 6 of an act concerning rail- roads and railroad corporations, etc., of the Fifth General Assembly, of the State of Colorado, approved April 6, 1885. And your petitioner will ever pray. , Dated at Pueblo, Colorado, 1885. E. O. Williams. RAILEOAD commissioner's REPORT. 565 .}' State of CoioRADO, V. eg Pueblo County, I, E. O. Williams, being first duly sworn, do on oath depose and say, that I am the petitioner who signed the foregoing petition, that I have heard the same read and know its contents, that the matters and things therein con- tained are true of my own personal knowledge, so help me God. E. O. Williams. Subscribed and sworn to, before me and in my presence by said E- O. Williams, this twenty-fifth dayof July, 1885. W. B. Wescott, Notary Public. A copy of this petition was, on the fifth day of August, 1885, served on the manager of respondent company, ac- cornpanied with a notice to answer same within fifteen days thereafter. Th^time having elapsed and no answer having been filed, the following notice was, on the twenty-fifth day of August, 1885, duly served on respondent. / State of Colorado, Office of Railroad Commissioner, .} E. O. Williams, vs. The Atchison, Topeka and Santa Fe Railroad Co. Upon I the written application of petitioner E. O. Will- iams, on file in this office, a copy of which was duly served on you tm the fifth d'ay of August, 1885, I shall, on the fourth day of September, 1885, proceed to the point desig- nated in said petition, to wit: The limestone quarry situated on the Bussard ranch on the north bank of the Arkansas river about four miles west of the city of Pueblo, in the county of Pueblo and State of Colorado, being at a point on the line of the Coal Creek branch of the Atchison, To- peka and Santa Fe railroad, for the purpose of investigating 566 EAILEOAD COMMISSIONEe's EEPOET. the matters set forth in said petition, and then and there determining the question of the necessity lof establishing; a loading point on said place for limestone in car load lots. And you are hereby notified to be and appear at said place on the fourth day of September, 1885, at 10 o'clock a. m. of that day, should you desire to be heard in oppo- sition to the prayer of the said petitioner, or in relation to the particular place or manner of establishing said loading point. t W. B. Felker, Attest: Railroad Commissioner. Henry Felker, Secretary. In pursuance of said notice the Commissioner made personal examination of the premises and thereupon mide the following , ORDER. 'State of Colorado, \ Office of the Railroad Commissioner. | E. O. Williams, vs. The Atchison, Topeka and Santa Fe Railroad Com- pany. The written application or petition of E. O. Williams having, on the fifth day of August, 1885, been duly filed in-the office of the Railroad CommTssioner of the State of Colorado, settirlg forth among other things that com- plainant is the lessee for a term of years of a certain lime- stone quarry situated on what is known as the Bussard ranch in the county of Pueblo, State of Colorado, and im- mediately adjacent to and along the line of respondent's railroad track running from Pueblo to Rpckvale, and known as the Coal Creek or Rockvale branch of the Atchison, RAILEOAD COMMISSIONBe's REPORT. 567 Topeka and Sata Fe Railroad, and that complainant is desirous of shipping stone in car load lots from said quarry, but that respondent has hitherto refused and still d^es refuse to establish a loading point for the stone aforesaid, although often requested by complainant so to do. And praying for an order to be made by said Commissioner, desig- nating a convenient loading point to be established by^ , respondent, as by Statue in such cases made and provided; and the said petition "having been duly served on the re- spondent on the fifth day of August, A. D. 1885, and no ' answer or denial of the facts set forth in said petition having been made or filed in the office of the Commissioner within fifteen days thereafter, and. the said Commissioner having on the twenty-fifth day of August A. 1^1885, duly notified the said railroad company that said Railroad Commissioner on the fourth d^y of September, 1885, at 10 o'clock a. m. of that day, at the Bussard ranch, l^eing the place where said loading point is sought to be established, would pro- ceed to inspect the premises and hear the proofs of the respective parties in relation to ,the necessity of establish- ing such loading pojnt as pfayed for in said petition. ,And said Commissioner, having at the time and place appointed in said notice made personal view and examina- tion of the said premises, and the complainant and the said respondent, by its duly authorized agents and attorneys, having also appeared at the time and place aforesaid and submitted to said Commissioner their respective statenients in relation to the establishment of such loading point at the place aforesaid, and it appearing to-the Commissioner, upon such personal view .and examination and the statements submitted as aforesaid, that the establishment of such load- ing point is necessary to enable said complainant to suc- cessfully work his |^said limestone quarry and convey the products thereof to market. Now, therefore, it is ordered and determined that the respondent, the Atchison, Topeka and Santa Fe Railroad 568 RAILEOAD COMMISSIOJSTEe's REPORT. Company, immediately upon the receipt of a certified copy of this order, do estabh'sh a loading point for stone in car- load lots at the point or place following, to wit : Com- mencing at a point on the railroad track of the Rockvale branch of the Atchison, Topeka and Santa Fe Railroad, in the county of Pueblo and State of Colorado, and southeast frbm bridge No. 528, at the fourth rail joint from the cen- ter of said bridge, thence running northwesterfy to a tele- graph pole standing northeast of and-directly opposite said bridge, thence northwesterly to the base of the limestone bluff, thence along th-e base of said bluff in a westerly direc-- tion to a point nineteen rails west of the first whistling post west of said bridge and opposite a large cottonwood tree. • And it is further ordered and determined that complain- ant, at his own propei^ost and expense, and in accordance with the instructions of the- civil engineer of respondent, build and construct the road-bed necessary to receive the ties and rails of the side-track to be laid upon the line last aforesaid. And it is further ordered and determined that the respondent, upon the receipt of a certified copy of this order, cause the aforesaid line for a side-track to be correctly sur- veyed and staked out with the height of grade and degree of curvature plainly marked thereon. And that within ten days after receiving notification in writing of the completion of the grading of said side-track by complainant as afore- said, the respondent shall, with all reasonable dispatch, and at its own proper cost and expense, lay down a good and sufficient railway track thereon, and connect the same by switch with the main track of said railroad, at the point hereinbefore designated. Dated September 5, A. D. 1885. W. B. Felker, Railroad Commissioner. EAILEOAD COMMISSIOJSTEr's REpdRT. 569 State of Colorado, Office of Railroad Commissioner. } E. O. Williams, vs. The Atchison, Topeka and Santa Fe Railroad Com- pany. ♦ Respondent having moved a modification of that portion of the order made and entered herein by the Commissioner on the- fifth day of September, A. D. 1885, relating to the the terms upon which the side track should be put in at the loading point specified in said order; and the complainant, by his attorney, having in writing consented to such modi- fication : ' It is hereby ordered. and determined that all of that por- tion of said order relating to the terms upon which ^aid side track should be put in by the respective parties, be and the same is hereby revoked and annulled, and that the same be put in upon such terms as the said parties have agreed, or may hereafter agree upon. Dated October 6, A. D. 1885. W. B. Felker, Commissioner. CASE No. 10. Transferability of Continu- Ex Parte, Geo. H. Daniels, r ous Passage Ticket. Filed September 19, A. D. 1885. George H. Daniels, Commissioner of the Colorado Rail- way Association and Western Colorado Railway Associa- tion, requested a construction of our statute with reference to the transferability of the ticket described in the following letter. The controlling clause of the contract attached to the ticket is stated in the opinion of the Commissioner ra 570 EAILEOAB COMMISSIOBTEE's REPOET. t Colorado Railway Association and '^ Western Colorado Railway Association, I Office of the Commissioner, , Denver, Colo., September 19, 1885. Hon. W. B. Felker, Railroad Commissioner, Denver, Colo. : Dear Sir: — I hand you herewith Union Pacific ticket, form 18, No. 6.433, sold at Omaha, September 17, to Pueblo, by the Union Pacific Railway, Omaha to Denver, and Denver and Rio Grande Railway, Denver to Pueblo, limited to expire SepterhL ,r 2 1 ; signed by T. P. Wilson, purchaser. Your attention is called to the contract printed at the head of this ticket, particularly to the eighth clause, which states that the' ticket is not transferable, and gives the conductor the right to take it up and collect full fare, if presented by any other than the original purchaser. Will you kindly advise me whether, under the laws of the State, this ticket will be transferable between Denver and Pueblo, it having been issued and the contract signed in the State of Nebraska, where such a contract is legal and valid. It is being understood, of course, that the ticket, in any event, would have to bei used within the prescribed limit. An early return of the ticket, with your decision, will greatly oblige. Very truly yours, ' George H. Daniels. OPINION. Hon. George H. Daniels, ' Commissioner of Colorado and Western Colorado Railway Association, Denver, Colorado : Dear Sir — Yours of even date, containing ticket, form 16, No. 6,433, sold at Omaha, September 17, received. In consequence of its being limited to expire on September 21, I hasten to reply. You S.sk for a construction of our statute in reference to the ^transferability of this ticket, it containing a clause in the contract whereby the purchaser covenants not to transfer, and in case of transfer, the cou- pon ticket shall be void. EAILEOAD COMMISSIONEe's EEPOKT. 57 1 The printed contract, to which is attached the coupon tickets, is divided off into separate and distinct clauses, numbering from one to eight inclusive, 'only two of which, the first and the eighth, have any bearing upon the case submitted. As you have called my attention particularly to the latter, I will call your attention particularly to the ormer, which reads as follows : "First — In selling this ticket this company acts as agent and is not responsible beyond its own line." You will observe that the Union Pacific Railway .Company acts in this transaction in the dual capacity of prin-cipal for itself and agent for the Denver and Rio Grande Railway Com- pany. One of several connecting lines of transportation may contract, as principal, to convey over the entire route. Such contract is an entirety and indivisable. But the exist- ence of such a contract must be established by some evi- dence. The presumption of law i^, that the carrier con- tracts to convey only over his own line. For the conven- ience of themselves and the public as well, transportation companies may, and often do as in this case, constitute each other agents to sell tickets and issue bills of lading over each other's line and thus form a connected passage to the place of final destination. Such an agency does not imply any community of business or earnings; but on the con- trary destroys all presumption of any partnership relation existing between the parties. In this case the contract discloses the true relation of these two railroad companies to each other. They are estopped by their own contract fiom claiming any other or different relations. Railway companies fcannot, any more than individuals, play fast and loose with their contracts. The Union Pacific Railway Company having contracted as principal with Mr. Wilson, the purchaser of this ticket, to convey him from Omaha to Denver; and having issued to such purchaser a separate ticket upon which is desig- 572 RAILROAD commissioner's REPORT. I nated the two points constituting the termini of passage over its line ; and having by the express terms of the con- tract limited its liability to its own line between those two points; and having for and inbehalf of the Denver and Rio Grande Railway Company entered into the additional contract to convey said purchaser from Denver to Pueblo; and having issued to such purchaser a separate ticket upon which is designated the two points constituting the termini of passage on the Denver and Rio Grande Railway Com- pany's line; and having by express, language of the con- tract entered into this additional contract, not as principal, but as the agent of the Denver and Rio Grande Railway Company, and for the performance of which additional con- tract the Union Pacific Rail\yay Company shall be in no manner liable, clearly establishes, the fact, that these two companies do not intend to deal with the public in the character of partners conducting a through line of trans- portation. It is idle to argue, that such' a contract is an indi- visible contract for a continuous passage ovei- an en- tire and continuous route. That these separate cou- pon tickets are attached to each other and all of them at- tached to the contract makes no difference. In the lan- guage of Mr. Rorer, in his excellent work on railways, "They are to be regarded as distinct tickets for each road, sold by the first company as agents for the others; and the rights and liabilities of the parties .are the same as if the tickets had been purchased of each company separately, at its own depot or station." The Denver and Rio Grande Railway Company has the undoubted right to put its tickets on sale anywhere on the face of the globe, singly or attached in the form of a coupon to the ticket of a connecting road ; but its line of road being entirely in this State, the contract can be per- formed only in this State. The contract between the Den- RAILROAD COMMISSIOKEB's REPORT. 573 ver and Rio Grande Railway Company and Mr. Wilson, the purchaser of the ticket, although entered into in the State of Nebraska, was by the very terms thereof to be wholly performed in the State of Colorado; and it is a well settled principle of law that the law of the place of the in- tended performance of the contract must govern and con- trol the rights and liabilities of the parties under the con- tract. When the Union Pacific Railway Company safely landed this passenger in Denver its contract was fully per- formed. No right of action could accrue to the purchaser of this ticket, as against the Union Pacific Railway Company, on account of the non-performance by the Denver and Rio Grande Railway Company of its part of the contract. This contract is sought to be enforced in this State against the only party liable on the contract. i The promise to transport was to be performed here. A refusal to perform that promise gives a right of action here, and nowhere else. The laws of this State operate on that contract and fixes the liabilities of the parties. The statute of this State renders that portion of the 'contract in relation to the non-transferability of this ticket inoperative and ab- solutely void. This ticket No. 6,433, Form 18, is valid in the hands of a bona fide purchaser, and is good for one first-class pas- sage over the Denver and Rio Grande Railway from Den- ver to Pueblo, if used in the time limited. It is unnecessary to discuss the doctrine of inter-State commerce; it cannot apply to this contract, and conse- quently does not arise in this case. Yours respectfully, W. B. Felker, Railroad Commissioner. 574 RAILROAD OOMMISSIONIEr's REPORT. CASE No. 11. James O'Connor, j j,j, I Refusal to honor continuous The Denver & Rio Grande \ Passage Ticket. Railway. ) Filed September 28, 1885. * The facts 1n this case are. fully set forth in the following opinion of the Commissioner: OPINION. Complainant alleges, that on the twenty-sixth day of Sep- tember, A. D. 1885, at Kansas City, Mo., he purchased a coupon ticket, No. 778, form 16, of the Union Pacific Rail- way Company, from Kansas City to Denver, over the Kan- sas Pacific, and from Denver to Pueblo over the Denver and Rio Grande Railway. That he arrived in Denver on the morning of September 27, took passage on the Denver and Rio Grande. Railway train, No. 5, at i o'clock p.m., of the same day, and was there- after ejected from the train by the conductor, on the grounds that his ticket being a continuous passage ticket, complain- ant should have taken train No. 7, leaving Denver at 7:40 o'clock a. m. of that day. That complainant being desirous of reaching his place of destination, returned to the train from which he had been ejected, and paid full local fare from Denver to Pueblo amounting to five dollars and twenty five cents. The com- plainant prays return of the additional fare paid. The facts are undisputed. Upon investigation, the grounds of the conductor's refusal of passage are as follows: The Union Pacific Railroad train, No. 201, bearing com- plainant, arrived in Denver on the morning of the twenty- seventh instant, at 7:15 a. m. The first train, No. 7, from Denver, over the Denver and Rio Grande Railway, that passed through Pueblo, departed at 7:40 a. m. That the RAILROAD commissioner's REPORT. 575 contract being for a continuous passage, Complainant was bound to take such first train, and because not taken, the ticket beqame stale and void. It further appears that all the trains of the Union Pacific Railway and the Denver and Rio Grande Railway arrive at and depart from the Union Depot; that the time card of the arrival and departure of all trains at said depot was posted therein ; that the portion thereof regarding the de- parture of the Denver and Rio Grande Railway trains is as follows : DENVER AND RIO GRANDE RAILWAY. NO. , DEPART 7. Pacific Express for Gunnison, SaltLakeand California, daily '-L 7:40 a. m. 7. El Moro mail, daily except Sunday 7:40 a.m. 5. Kansas City and Pueblo Express, daily 1:00 p.m. I. Pueblo Accommodation, daily except Sundays-; 3:45 a.m. '3. LSadville Night Express, daily 8:20 p.m. 3. Durango and Silverton Night Express, daily 8:20 p.m. 9. Manitou Excursion, 'Sunday only 8:00 a. m. It further appears that complainant, upon consulting such time card, was of the opinion that the first train out on the Denver and' Rio Grande Railway, after his said arrival, was train No. 5, departing at i p. m.; that he thereupon waited until said time, and then boarded said train. It seems from all of the facts that the conductor was not justifiable in dishoring the ticket. The time card was evidently posted for the information of the traveling public, for the same reasons depot masters hang up a clock to tell the time of day. These conspicu- ous notices serve a double purpose, — information and a check upon asking useless questions at the ticket office, of the station agent, depot master or policeman. Supposing a commonly dressed man, turning from 2l^ perusal of that time card should innocently ask of one of these functionaries the question, "When and which of these ~ trains go to Pueblo ?" the probable answer would be, 576 RAILROAD commissioner's REPORT. " Can't you read ?" Suppose he looks up at the clock and then, with childlike simplicity, turns and asks the time of day? I Men of intelligence, and especially a traveling man like complainant, attend to business, adapt themselves to their surrolindings and ask no silly questions. It is commenda- ble even in idiots to sometimes assume intelligence and pass for what they are not. Complainant had a right to consult the time card and govern his departure by it. The first train mentioned thereon going to Pueblo was train No. 5, at I p. m. He was not obliged to go around seeking' other information. He had a right to rely on the posted time card of respondent. If the time card had not plainly given him the train which would carry him to his destina- tion, then it would have been his duty to have sought infor- mation elsewhere; failing in this, he .would himself have been guilty of negligence. But the time card plainly des- ignated two trains that would take him to Pueblo on that day, the first at I o'clock p. m., and the other at 3:45 p. m., and in the exercise of a sound judgment, he taking the first train thereon designated, it was in the language, as well as spirit, of the contract a continuous passage. All of the conditions of the contract on complainant's part having been performed, the cbupon ticket was valid, and entitled him to one first-class passage from Denver to Pueblo on respondent's railway. The respondent should pay back to complainant the sum of five dollars and twenty-five cents, the amount of double fare paid by com- plainant as per receipt of respondent. Dated September 28, 1885. W. B. Felker, Commissioner. Respondent company complied with the recommenda- tion of the Commissioner, RAILROAD commissioner's REPORT. 577 CASE NO. 12. J. N. Daines, vs. Jnion Pacific WAY Company. '^ Refunding of double pay- The Union Pacific Rail-^ '^^f °f >^^ ""^ ^"^"^"^ ticket. Tiled October 3, 1885. State of Colokado, .]■■ County of Arapahoe J. N. Daines, being duly sworn, deposes and says that he^lives^and resides in Marengo, Iowa ; that he is engaged in the business of mining in Colorado and Arizona. That on the^twenty-fifth day of September, 1885, he purchased the annexed ticket from Council Bluffs to Denver, and imme- diately took passage thereon. That at the time of pur- chase he asked for a ticket to Denver and did not examine or notice that the ticket was a continuous passage ticket, and had no knowledge of that fact until after he left Shel- ton, as hereinafter set forth. That previous to his leaving Council Bluffs he telegraphed to one L. R. Links, residing at Shelton, Nebraska, to meet the deponent at the depot at Shelton. On]^thej arrival of the train, that the deponent desired to transact some business with said Links and did not_desire^tOj spare, the time to stop over; that upon the arrival of the train at Shelton, said Links -had a messenger meet deponent find inform deponent that he, Links, was sick in bed and requested deponent to call and see him. That deponent's business with said Links was of importance and deponent, therefore, stopped over and set up all night with said Links, transacted his business and took the next train and resumed his journey. That deponent presented his said ticket toj.the conductor who refused to honor same, and demanded payment of fare ; that deponent paid such fare^to NorthJPlatte, and from thence to Denver, as will appear by annexed draw-back checks ; that the total amount of fare thus paid is sixteen dollars and ninety cents. That deponent usually makes in the neighborhood of from four to six trips per annum from his residence, in Iowa, to Den- ver, frequently bringing members of his family, and that he always travels over the Union Pacific Railway. That the 73 578 EAiLROAD commission:er's report. present is the third trip this year that deponent has made over said road ; once with three members of his family. That deponent prays the return of such double payment of fare of sixteen dollars and ninety cents, or in lieu thereof, passage over said road equivalent to such amount. J. N. Daines. Subscribed and sworn to before me this first da^ of October, 1885. W. B. Felker, Railroad Commissioner of Colorado. Denver, Colo., October 2, 1885. C. S. Stebbins, Esq.: General Ticket Agent, U. P. R'y, Omaha, Neb. Dear Sir: — Enclosed find affidavit and ticket and draw- back checks attached, which fully explains Mr. Daines' case. While it may be co'nceded that your company would not be liable to refund the double fare paid, his claim is so equitable in its nature that it cannot fail to appeal strongly to your sense of justice. He is a patron of your road, and by granting his just request you will secure his continued patronage. He is of that class of men whose good will is worth preserving. He will not probably return home until about the holidays. Should you se«d him transporta- tion make it good fpr that time. I am constrained to rec- ommend that you grant his request. Yours respectfully, W. B. Felker, Commissioner. Omaha, Neb., October 8, 1885. Hon. W. B. Felker; Com.misssioner of Railroads, Denver, Colo. Dear Sir.- — Your favor of second instant, enclosing affidavit from J. N. Daines, relative to certain fares paid on account -of failure to get stop-over on continuous passage ticket, at hand. Under the rules of the Colorado Association, we cannot grant stop-overs on continuous passage ticket. Had Mr. EAILBOAB COMMISSIOKEk's EEPOET. 579 Daines purchased a regular unlimited ticket at ;^20.25 he could have secured stop-over at pleasure en route. We wiU'refund th*e fares paid less $\.2'^, the difference between the continuous passage and regular unlimited rates, and have the amount remitted in your care, as you do not give the party's address. I trust this adjustment of the matter will be satisfactory, as it restores to Mr. Daines all that he has paid over what is in excess of the regular unlimited fare. This is the best that we can do without special authority from Mr. Daniels, Commissioner Colorado Railway Association. Yours truly, C. S. Stebbins, General Ticket Agent. The sum of ^15.75 was refunded by the company, the same being sent to the Commissioner and by him paid to Daines. ' CASE No. 13. King vs. The Denver & Rio Grande Railway Company. Ejectment from train, on limited ticket transferred. Filed October 4, A. D. 1885. The substance of the pleadings in this case is fully set forth in the opinion of the Commissioner. The facts in the case were undisputed. OPINION. Complainant alleges that one M. C. Tatnel, on the twenty-seventh day of September, A. D. 1885, purchased of the Union Pacific Railway Company, at Kansas City, -Mo., a coupon ticket, number 706, form 16, good for one first- class passage from Kansas QXt'^ to Denver, on the Kansas Pacific division of said railway, and from Denver to Pueblo on the Denver and Rio Grande Railway. That the original purchaser took^ passage at Kansas City on the Kansas City 580 RAILROAD commissioner's REPORT. Limited Express train, No. 201, and arrived in Denver on the twenty-eighth day of September, 1885, at 7:15 a. m.; that such purchaser, upon his arrival, 5old and transferred said ticket to a broker in Denver, and said broker sold and transferred the same to complainant. That complainant took passage on train No. 5, of the Denver and Rio Grande Railway, leaving Denver at l p. m., on said twenty-eighth day of September; that when called upon by the conductor for fare, complainant presented said coupon ticket; that said conductor declared said ticket to be void, and demanded of somplainant payment of $^-2$, local fare from Denver to Pueblo; that complainant refused payment, and thereupon said conductor ejected him from said train. The respondent admits the facts alleged, and pleads in justification that said ticket v»as sold and issued by the Union Pacific Railway Company at a reduced rate of fare, and upon the express tprms and conditions named in a con- tract annexed to said coupon ticket, which said contract is in the words following, to-wit; Issued by Union Pacific Railway. Continuous passage ticket. Good for one first-class continuous passage to point on Denver and Rio Grande Railway, between punch marks, when stamped by company's agent and presented with checks attached in accordance with the following con- ditions : First — That this ticket is not transferable, and if pre- sented by any other than the original holder, it will be taken up and full fare collected. Second — No stop-over will be allowed. Third — It is not good for passage if any alterations whatever are made hereon, or if more than one station is designated as the terminal point. Fourth — It is good fcJr continuous passage from starting point to destination, only on the train of the Union Pacific Railway, leaving on the train unpunched and on the date of sale as cancelled by punch mark in margin, stamped RAILEOAD COMMISSIONEk's REPORT. 581 on back and written below, and on the regular passenger train of the Denver and Rio Grande Railway, directly con- necting therewith from Denver. Fifth — I, the original purchaser, -hereby agree to sign my name and otherwise identify myself as such whenever called upon to do so by any conductor or agent of the line over which this ticket reads. Sixth — Liability on baggage limited to wearing apparel, and then. only to a sum not exceeding ,^100. Seventh-^'Y\\& coupons belonging to this ticket will not be received for passage if detached. Eighth — Unless all the conditions on this ticket are fully complied with it shall be void. C. S. Stebbins, General Ticket Agent. Understanding the conditipns under which this ticket is sold, I agree to the above contract. M. C. Tatnel, Purchaser. Witness: A. W. Millspaugh, Agent. ^ That said contract was entered into by the said pur- chaser of said ticket on the one part, and said Union Pacific Railway Company on the other part ; and that the same was the contract of said Union Pacific Railway Com- pany and not the contract of this respondent. That respondent, in carrying out the said 'contract, acted solely as the agent of the said Union Pacific Railway Company. That said coupon ticket, presented by complainant to said conductor, was under and by virtue of the terms of said contract void, and did not entitle complainant to passage thereon for the reasons following, to wit : First — That said train No. 5 was not the connecting train with said train No. 201 ; but that train No. 7, of the Denver and Rio Grande Railway, departing from Denver at 7:40 a. m., was and is the only train so directly connecting, and upon which a continuous passage could be had or made by the 582 EAILEOAB commissioner's EEPOBT. legal holder of said ticket; that at the time of present^ion of said ticket by complainant it had expired by limitation expressed in said contract. Second — That b)' the terms of said contract, the said ticket was not transferable and that complainant, as assignee of the original holder, acquired and had no right of passage thereon. The material facts plead in justification are not disputed. The question presented is one of law upon an agreed state of facts. The first point raised by respondent's plea has already been disposed of by the determination of the Com- missioner in the case of O'Connor vs. Denver and Rio Grande Railway Company, filed September 28, 1885. The remaining point deserves considerable consideration. The difficulty experienced in the courts, in disposing of the great mass of cases against common carriers, is not so much in the determining and settling the law, as in applying the law to the facts. Upon examination of the adjudicated cases, it will be seen that a very large proportion of them arise out of disputes as to what the contract is between the parties. Ordinarily shippers nor passengers ever stop to make a written or even verbal contract, leaving the whole transaction to rest upon implied obligations; which must, to a very great extent, be sought out from circumstances sur- rounding each particular case. But when a man does enter into a contract with that deliberation manifest by attaching his signature to it, and having such signature witnessed in writing by another, there is little difficulty in determining the rights and liabilities of the parties. The contract as made must control. The first and most important question for determination arises upon the face of the contract. What is its legal effect ? Is it the contract of the Union Pacific Railway Coii^any and is it an entirety ? On the part of the company, it is executed by the general ticket agent, who is the duly constituted KAILROAD commissioner's RBPOET. 683 officer to make such contracts in behalf of the company. The instrument does not purport to be made in behalf of any other company, and does not bind any other company. The Union Pacific Railway Company binds itself ds prin- cipal to the performance of the contract. All of the duties and obligations of a common carrier, growing out of the contract, are binding upon the contracting party. In the fourth clause of the contract the company binds itself to carry the original purchaser of the ticket, by continuous passage, from Kansas City to Pueblo. The trains upon which passage is to be made are specified. The punch mark on the ticket shows them to be the morning train for Denver out of Kansas City on the Union Pacific railway, and known on the time card of the company as "the Kan- sas City Limited Express, daily. No. 201, and on the reg- ular passenger train of the Denver and Rio Grande railway directly connecting therewith from Denver." There is no ambiguity in this clause of the contract. It is specific, direct and certain. The Union Pacific »Railway Company are bound to set that passenger, with his- baggage, safely down in Pueblo. Railway companies will not, so long as they can avoid it, contract beyond their own line; but they legally can do it, and in this instance have done it. Whatever may be the contractual relations between the owners of connecting lines in regard to the division of the sum realized for the through ticket is of no importance to the passen- ger. He stands upon his contract. He is entitled to through and continuous passage. If through the negli- gence of the connecting company he be delayed in his journey, he has his remedy on»the contract against the com- pany, who signed and executed it. The liablility is not divisible; the contract is an entirety. It certainly would be inequitable if the one party must be bound by the terms and conditions of this contract and the other party to it is not. Courts do not make contracts for parties; neither do 584 RAILROAD COMMISSIOWEr's REPORT. they alter, modify, or enlarge its terms when fairly made. Every man is presumed to know the law and the legal effect of his contract, and he cannot be heard to say that he is ignorant of its plainly expressed terms, unless he first establishes that he was induced to execute it by acts or rep- resentations amounting in law to fraud. It being nowhere alleged that the contract annexed to, and accompanying this ticket, or any part thereof, is void under the laws of the State wherein it was made, the legal presumption follows, that the contract is one which the parties might lawfully make. This contract was made, as evidenced by the signature in writing of the original holder. By the terms of this contract he agrees not to transfer this ticket ; that if he violates good faith and 'does sell it the ticket shall be void. Good conscience and equity say he shall keep this contract; and a man who will for the sake of saving a few dollars deliberately sign his name to a con- tract not to do a thing, and then as deliberately do it; who will take his plighted faith into the market like a com- modity and traffic with it and for a few shillings barter away his good name, deserves only such protection as the law strictly applied will give him. And he who in open or secret market buys the fruit of such perfidy, does so with the knowledge that unless he can cover fraud with the shadow of a statute, that to obtain passage he must practice deceit by impersonating another; if questioned, resort to false representations ; and if disputed, dedicate himself to the business of barefaced lying. Such men are not entitled to the respect of an honest man. Courts hold such parties to the strict letter of the law, and I have no disposition to do otherwise. Our statute does not contemplate the perpetration of fraud. It was framed with a view to protecting an hon- est purchaser of a ticket, representing a fair and full con- sideration ^paid for one passage, regardless of who paid RAILROAD ' commissioner's REPORT. 585 it. It would be an unwarrantable reproach upon the fair character of the members of the Fifth General Assem- bly of this State to presume that they intended by this statute to open the doors for swindling. It may be a mat- ter of public importance and an act of justice to these two companies that a fair statement of the conditions of railway traffic from the Missouri river into Colorado should herein be made, which justifies the River roads in the issuance of this class of tickets. Three of them reach Denver direct, and one by the way of Pueblo. One reaches Pueblo direct, and three by the way of Denver. To obtain any of the Denver business, the traffic rates on the Atchison, Topeka and Santa Fe Railroad must be the same as on the direct lines. To obtain any of the Pueblo business, the rates on the Union Pacific,^ Kansas^ Pacific and Burlington and Missouri River Railways must be the same as on the direct line to Pueblo. The rates for this business are the same; hence, these two places are known as common points. The Denver business b}' the way of Pueblo, and the Pueblo business by the way of Denver, is carried 120 miles for absolutely nothing; The price of an unlimited ticket from the river to these points is ^20.^5. The price of a limited ticket is-^19. The local fare between these two conjmon points is ^5. If enough coupons can be obtained from through ticket sales to accommodate the local demand, the local passenger business of the Denver and Rio Grande Railway is entirely destroyed. A man desiring to come to Denver buys a ticket over any of the three roads to Pueblo for the same price he would have to pay to Denver, and visa versa. He buys a limited ticket and saves ^1.25, representing that he is going to Pueblo, promises to go straight through and not to transfer his ticket. He reaches Denver, sells his ticket to a scalper for $2, shaves the railroad company at both 74 586 RAILROAD commissioner's REPORT. ends, and then demands that the coupon ticket shall be honored. So long as I am Railroad Commissioner for the State of Colorado I will not countenance such petty- thievery. I am called upon to administer a law which demands that the railway companies shall do right by the people; and is it any too much for the railway companies to ask that the people of this State shall do right by them ? This is a just law in all of its provisions, and I shall do my best to carry jt out justly. In the interpretation of this statute I shall aim to disclose the intention of the Legislature, in dealing with the railway problem in this State, always bear- ing in mind that a broad, liberal construction of its provis- ions will best subserve the interests of the people. In this spirit I have approached the investigation of this casei knowing full well that it reaches out into the examination of legal principles that bear directly upon the entire com- merce of the State. I may be unfortunate in my conclu- sions, but I must follow the law as laid down by the highest judicial tribunals in the land, including both State and National. It is of little moment to this complainant (and under the disgraceful circumstances surrounding this transaction, much less to me) and but little more to respondent, how this particular case may be decided; but it is of importance both to the railway companies and to the State that it be de- cided right. The inauguration of a new system must stand on enduring grounds ; and to be enduring and bene- , ficial it must have its foundation in justice and equity. I have intentionally avoided a decision of the question aris- ing in this case on account of its far-reaching importance. All other cases coming before the Commissioner could be . disposed of on other grounds ; but the case at bar brings me face to face with this sole question. There is no way of evading it. KAILROAB COMMISSIONEe's "EEPORT. 687 This case stands squarely on the broad ground of inter- State commerce. It involves an examination of the laws of trade, the commercial powers of Congress, and the au- thority of the State. I shall not enter into any constitu- tional disquisition, or lengthy discussion of the general doctrine governing inter-State traffic; but shall confine my- self to a statement of general and well-understood princi- ples of law, resting on undoubted authority. Inter-State commerce, as defined by courts and book writers, covers the entire field of trade. It consists of something more than the mere transportation of goods or passengers across a State line. It can , safely be said to in- clude all business relations and contracts by which they are , carried out; all rules and regulations which are made by parties engaged in commercial pursuits; the instruments by which traffic is carried on, and all the necessary and usual means employed in conducting the business. Trade and tarffic moves across the continent guided by busy hands and brains at the great commercial centers ; and the wheels of commerce would soon stop were they not moved on business principles. Great connecting lines of transporta- tion span the continent from ocean to ocean, with a high- way open to the world's commerce. Any one of them may contract to pass you around the world, and the law will enforce that contract. I That the contract in question is embraced in this defini- tion, there can be no question. Every carriage of goods or passengers is done under a contract, either express or implied. The obligation to carry may be imposed by law ; but the means, methods and terms of carriage are subjects of contract between the parties. At this late day it will hardly be considered a.n original or startling proposition, that Congress has unlimited power to regulate com- merce among the States. Justice Field, m Welton vs. The State of Missouri, i Otto, 275, states the law in the follow- 588 RAILROAD COMMISSIOISTBR's REPORT. ing language : " The power to regulate, conferred by that clause upon Congress, is one without limitation; and to regulate commerce is to prescribe rules by which it shall be governed, that is, the conditions upon which it shall be governed; to determine how far it shall be free and untrammeled. * * * * Commerce is a term of the largest import. It comprehends intercourse for the purpose of trade in any and all its forms, including the transportation, purchase, sale and exchange of com- modities, between the citizens of one "country and the citi- zens or subjects of other countries, and between the citi- zens of different States. The power to regulate it embraces all the instruments by which such commerce may be con- ducted." Further on in the opinion he says : " The fact that Congress has not seen fit to prescribe any specific rules to govern inter-State commerce does not affect the question. Its inaction on this subject, when considered with reference to its legislation with respect to foreign commerce, is equivalent to a declaration that inter-State commerce shall be free and untrammeled." These views of the law expressed by Mr. Field are but an enunciation of principles laid down by that court in Brown vs. Maryland, Woodruff vs. Parham, State Freight- Tax and other cases ; and which have subsequently received the sanction of the entire bench. These decis- ions have been acquiesced in by the State courts with hardly an exception. Admitting that the contract in question is embraced in the subject matter of our sitatute, it would seem clear that it was legislation hostile to an untrammeled intercourse of commercial relations among the States, and a palpable interference with the rules and regulations by which it is carried on. Did I think that our Legislature had by the RAILROAD COMMISaiONER's REPORT. 589 passage of this statute attempted to fetter commerce by projiibiting foreign railways from making contracts in aid of cheap, through transportation, and in accordance with a uniform system in other States, I should unhesitatingly say that, in so far as our statute bears upon such contracts, it is in contravention of the Constitution of the United States, and therefore void. But it is quite evident to my mind, from the tenor of the language of our statute, not alone of this provision, but taken^s a whole, that the Legislature had no intention of interfering with the subject of Inter-state commerce. They were aiming at regulating the railroads of this State in regard to their conduct of business with the citizens of this State. It is but fair to presume that they had full knowl- edge of the power of Congress over the subject of inter- \ state commerce and the extent of such power as defined by the Supreme Court of the United States. Any person con- versant with the debates while the bill was pending, cannot fail to know that even the most radical of the friends of the bill made no claim of power in the State to enact legisla- tion hostile to a free interchange of commercial intercourse between the citizens of this and other States, or to impose onerous burdens upon a uniform system of conducting the same. In using the words "All passenger tickets" in the particular provision of the statute under consideration, it is quite evident to my mind that the Legislature meant all passen'ger tickets over roads in this State, and upon which the statute could and would operate. That all roads in this State over which the State had control, and over the traffic of which the State had supervisory power, should conform its contracts for passenger carriage of all State business, in contra-distinction to inter-State business, to the statute of this State. It is a well settled rule of construction of statutes, that courts will, in the examination of the subject matter, bring ' them within constitutional powers, unless the language be 590 RAILROAD COMMISSIODSTER's REPORT. SO plain as to forbid such an interpretation. In applying this rule of construction to this statute there can be little doubt but that the legislature kept within its constitutional limit and did not infringe upon the constitutional powers of Congress. It follows from the foregoing interpretation of the con- tract and construction of the statute that coupon ticket No. 706, form sixteen, issued by the Union Pacific Railway Company at Kansas City, on the twenty-seventh day of September, A. D. 1885, to said M. C. Tatnel, and by him assigned to complainant, was not assignable, and that the transfer to complainant rendered the same void. That in refusing to honor the said ticket and ejecting complainant from, said train upon refusal of complainant to pay full local fare when demanded, the conductor of said train was clearly justifiable. Dated October 4, A. D. 1885. W. B. Felker, Cominissioner. CASE No. 14. William Kiskadden, vs. The Union Pacific Rail- way Company. Transferability of excur- sion ticket. Filed October 19, A. D. 1885. This case was submitted to the Commissioner by the parties upon an agreed state of facts. Both parties requested a decision both upon the law and equity arising in the case. DECISION. One Wilson, on settlement, and in part payment of a claim against the respondent, received the following ticket, to wit: RAILED AD COMMISSIONER'S REPORT. 591 "Union Pacific Railway. Excursion ticket. One first- class passage. Butte to Denver. When officially stamped. Void after December 31, 1885. This ticket is not transfer- able, and if presented by any other than the original holder, whose signature is hereon, the conductor will take it up and collect full fare. The holder will write his or her signature when required by conductors or agents. In con- sideration of the reduced rate, I hereby agree to the above conditions. (Signature.) C. S. Stebbins, General Ticket Agent. 7,798. Form (L 104.) Witness : Lambert. The coupon attached to this ticket specifies passage from Denver to Butte, limited to same time as ticket, with the same number, and printed thereon the word " excur- sion." On the third day of October, A. D. 1885, said Wilson sold same to a broker, who on the same day sold it to com- plainant. Upon presentation by complainant, respondent refused to honor the ticket, and cancelled the same by writing in red ink across the face thereof the word "void." The decision of the Commissioner is asked, as to whether before cancelldtion the ticket was valid, entitling complain- ant to passage thereon. The ticket upon its face plainly indicates that it is what our statute designates as "An excursion or round trip ticket." One of the usual conditions of this class of tickets is that the same is not transferable. The statute, by its pro- viso, recognizes the validity of such a contract when made. But complainant relies upon the fact that the original holder, not having placed his signature to the contract, is not bound thereby ; that until some holder thereof attaches his signature thereto the ticket is transferable by delivery. 592 RAILBOAB commissioner's REPORT. This is a strong, plausible theory, well calculated to mis- lead the j/idgment of any one not versed in the law govern- ing the execution of contracts. Respondent duly signed and executed the contract on its part, and delivered the same to the original holder, who by receiving the same gave his assent to the terms and condi- tions contained therein. Acceptance was ratification, and ratification was due execution. It does not belong to that class of contracts which requires signature to constitute validity. Supposing A and B enter into a land contract, A to convey, B to pay ;• A signs and delivers the instrument to B ; B neglects to sign it, but accepts it, goes into possession and claims title.; are they not both equally bounden ? Either both are bound, or neither. Because a contract may be imperfectly exe- cuted, does not release the parties from the obligation of performance. Mr. Wilson accepted this ticket, and the law will presume that he assented to the terms and the condi- tions' embodied therein. The contract was in every respect binding on both parties to it. • < Following the strict letter of the law, I am compelled to decide that this ticket falls directly within the proviso of our statute, and is consequently not transferable. But I am by no means satisfied with the attitude of res- pondent in this case. It does not stand in this transaction without fault. By the carelessness and negligence of its officers, it permitted this ticket to pass out of its hands so imperfectly executed as to mislead the public. Complain- ant has been mislead thereby ; and it "is no answer in the mouth of a railway company to say, that loss is the result of indiscretion ; that travelers should go to railway ticket bffices to purchase their tickets. It is too harsh a rule to apply by one who was first guilty of negligence, in the matter. Neither is it justifiable to punish complainant out of antipathy to the ticket scalper. The large proportion of EAILEOAD commissioner's BEPOBT. 593 scalped tickets are daily honored ; the traffic is winked at, and railway companies are very largely responsible for this method of business. It is a fungus upon the railway sys- tem, propagated by the railway companies themselves. The ticket scalper is the natural offspring of railway warfare Born in the heated atmosphere of ruinous competition, his vocation must necessarily breed desolation either to local railway traffic, or to the traveling public. They are railway boomerangs, from which the railway companies should pro- tect the public. Respondent company is managed by sharp, able busi ness men, who know the full force and effect of every con- tract entered into in behalf of the company. Not so with its patrons. Complainant, in good faith, purchased this ticket, believing that the original holder, not having signed the contract, was not bound by the condition of non-trans- ferability. It is unquestioned that complainant paid $^0 in cash for this ticket. Ought he, in justice, to lose this money? Respondent has reaped the benefit of the consideration for which the ticket was issued, without returning an equiva- lent; and as matter of right and justice it should not fall back on a strict application of the law to screen itself from the performance of its part of the contract. I unhesitatingly recommend, that respondent furnish to complainant transportation, to take the place of the can- celled ticket. Dated October 19, A. D. 1885. W, B. Felkee, Commissioner. I^ENVER, Colo., October 20, 1885. Judge Felker, Railroad Commissioner, Denver : Dear Sir. — Your decision in the Kiskadden case re- ceived yesterday afternoon. We have furnished the gentle- 594 RAILROAD commissioner's REPORT. man with a round trip pass to Butte and return, good until December 31, as per your recommendation. Respectfully Yours, E. DlCKINSOK, Assistant General Superintendent. CASE NO. 15. CoNKLiN Brothers, _ „ ^•^' „ \ Overcharge on freight. The Denver & Rio Grande ' & j a Railway Company. Delta, Colo., November 8, 1885. W. R. Felkhr, Esq.: Dear Sir — I wa.s advised to-day to drop you a line in regard to a bill of freight received by us from Ogden yes- terday. We have been shipping in apples by express and charged three cents a pound. We were advised to ship them by freight to lighten our expenses. When we got them we had a bill of $4.70 per hundred. Is that not an excess and can we not get a rebate. Yours respectfully, CowKLiN Brothers. On receiving the foregoing letter, the Commissioner personally conferred with TrafHc Manager A. S. Hughes in relation thereto, and was informed that the overcharge was evidently a mistake of the agent at Delta; that he would have the matter investigated and the amount refunded. The following correspondence will show that the matter was satisfactorily adj usted. Denver, Colo., December 2, 1885. Hon. W. B. Felker, Esq., Railroad Commissioner State of Colorado, Denver, Colorado: Dear Sir — Referring to shipment of apples from Og- den to Conklin Brothers, Delta, November 4; on November ftAiLEOAD commissionee's eeport. 595 1 1 we had the rate corrected to ^2.60 per 100 pounds, and gave instructions to have overcharge refunded to consignees. Yours truly, A. S. Hughes. Denver, Colo., December 2, 1885. CONKLIN BrQTHERS, Delta, Colorado: Messrs — Yours of November 8 received. I immedi- ately took same to Traffic Manager Hughes and had rate corrected to ;^2.6o per 100 pounds. He informed me that he would instruct agent at Delta to refund you the over- charge. Have you received the money? Please answer. Yours truly, W. B. Felktor, Commissioner. Detla, Colo., December 5, 1885. 'W. B. Felker, Esq. : Dear Sir — Your favor of the second instant at hand. Yes, we did get our rebate, and many thanks to you for your kindness in getting it for us. We remain, Yours truly, CoNKLiN Brothers. CASE NO. 16. Citizens of Empire, vs. The Union Pacific Rail- way Company. > Petition for Depot. To the Honorable W. B. Felker, Railroad Commissioner, Denver : The undersigned citizens of the town of Empire, a load- ing point on the hne of the Colorado Central division of the Union Pacific Railroad, would respectfully represent : 596 EAILKOAD commissioner's BEPOET. That the business interests of this town and vicinity- require that a station house be built at what is known as Empire Station and an agent be established there for the transaction of railroad business. That the shipments to and from Empire Station now have to be prepaid, and are unloaded at the owner's risk. That considerable quantities of valuable goods have in this way been lost, and there seems to be no redress. That we have petitioned the railroad company for this service and have been put off with promises. We respectfully call your attention to the accompanying statement of the shipments made to and from this point during the past ten months and we believe the shipments would be largely increased with respectable railroad accom- modations. That this movement would greatly benefit the people of Middle Park and Western Colorado. That it would especially benefit the mining interests of Middle Clear Creek. We respectfully ask you to use your influence and law- ful authority to this end, and as in duty bound will ever pray. Empire, Colorado, November 13, 1885. Signed, S. Hanchett, and others. EXHIBIT D. Statement of shipments from Empire station from Janu- ary I, 1885, to November i, 1885 :, Shipped in by C. Koontz Coal 10 tons Shipped in by C. Koontz-- Way freight— 4 tons Shipped in by F. L. Peck Coal 12 tons Shipped in by John Summers-- Beer & way frt. 23 tons Shipped in by S. Hanchett Thirty cars frt 300 tons Shipped in by S. Hanchett Way freight-- 76 tons Shipped in by J. M. Dumont-->_ Way freight— 20 tons Shipped in by Elliott & Black- Way freight— 30 tons Other shipments 20 tons Total shipped in 495 tons, ggo.ooolbs RAILED AD COMMISSIOlSrEK's REPORT. 597 Shipped out by J. M. Dumont Ore 400 tons Shipped out by Barrett & Fletcher Ore 260 tons Shipped out by John Summers Beer kegs 4 tons Shipped out by F. L. Peck Furniture 10 tons Shipped out by S. Hanchett 2 tons Other shipments-^ 15 tons Total shipped out 691 tons, 1,382,000 lbs Total 1,186 tons, 2,372,000 lbs To Hon. W. B. Felker, Railroad Commissioner, Denver. Respondent was, on the twentieth day of November, A. D. 1885, served with a copy of the foregoing petition and statement ; but made no answer thereto. On the seventh day of December, A. D. 1885, the fol- lowing notice of exaimination was served on respondent company, viz : State of Colorado, Arapahoe County, j ^■^' Before the Railroad Commissioner of Colorado. S. Hanchett and sixty-four j others, citizens of Em-/ FIRE, Colorado, I vs. [ The Union Pacific Rail-\ way Company. I You are hereby notified that on t];ie eleventh day of December, A. D. 1885, at two o'clock in the afternoon of said day, at the store of S. Hanchett, in Empire, Colorado, I shall proceed to take testimony of petitioners in sup- port of their petition, filed in said cause, a copy of which has been heretofore served upon you, for the location of a station and the erection of a depot and appointment of a sta- 598 RAILROAD commissioner's REPORt, tion agent at Empire, on the line of the Colorado Central Railroad in the mountain district, in the State of Colorado. And you are hereby notified to be and appear at said time and place to participate in the taking of said testimony if you so desire. Dated this seventh day of December, A. D. 1885. Yours respectfully, W. B. Felker, Commissioner. To S. E,. Callaway, Esq., General Manager of the Union Pacific Railway Co. At the time and place named in said notice, the Com- missioner took the testimony of the following named wit- nesses, viz: Silas Hanchett, Thomas H. Bates, John F. Elliott, John Summers, Warren M. Fletcher, James Trevil- lioti and C. Koontz. The substance of their testimony is stated in the opinion of the Commissioner. At the time of taking said testimony the following petition of citizens of Grand county was filed with the Commissioner, viz : Grand Lake, Colo., December 7, A. D. 1885. W. B. Felker: \ Railroad Commissioner, Denver^, Colo. The undersigned, citizens and business men of Grand Lake, would represent to . you that the establishing of an agent and depot at Empire Station, on the Colorado Cen- tral Railroad, would greatly benefit us in many ways, such as the reception of freight and the accommodation of pas- sengers andtourists visiting Middle Park. For such action, we in duty bound will ever pray. (Signed) James Cairns, and Others. On the twenty-first day of December, 1885, J. K, Choate, Superintendent, P. Touhy, Assistant Superintend- ent, D, B. Keeler, General Agent, appeared before the Com- EAILKOAD commissioner's EBPOET. 599 missioner, filed statements of freight forwarded and re- ceived from and at the Georgetown and Lawson Stations, and each made and submitted an oral statement and argu- ment concerning the traffic at Empire Station, the sub- stance of which is set forth in the opinion of the Commis- sioner. DECISION. The petition in the above entitled cause, filed November 20, 1885, sets forth that the business interests of the town of Empire and vicinity require the construction and estab- lishment of a depot and billing station at what is now known as Empire switch, on the Colorado Central Rail- road, between Georgetown and Lawson. Accompanying this petition is a statement of the volume of business at this point. A copy of the petition and state- ment was forwarded to the General Manager of respondent company. No answer thereto was filed by respondent. Pursuant to notice, the Commissioner, on the eleventh day of December, 1885, proceeded to Empire to take testimony in regard to the matters set forth in the petition, and to make a personal examination of the locality. Upon this exarnination there was filed with the Commissioner an ad- ditional petition, with letters accompanying the same, from citizens of Middle Park, in Grand county, also praying fori a depot at Empire switch. The testimony taken on the part of the petitioner establishes the following facts : Em- pire village is located up the gulch and about one mile from Empire switch. It has about 300 inhabitants, with from four to five hundred more people scattered around in the adjacent mines and mining camps. Middle Park has a population of between twelve and fifteen hundred, which would naturally come to Empire Station, making upwards of two thousand people tributary to this railroad point. The present facilities at Empire switch are a small empty build- ing about ten feet square, a platform, side-track and water tank. There is no station agent and consequently no 600 RAILEOAD commissioner's REPORT. freight or passenger accommodations. Freight shipped from this station must be billed at Georgetown, four and one-half miles up the road. Freight for this station is left either at Lawson or Georgetown, unless ordered unloaded at Empire switch ; and if so ordered, shipment is at owner's risk and freight charges must be prepaid. The testimony shows that under this management goods are frequently lost and others are miscarried, incurring the loss of time and expense to look them up. Petitioner's testimony further shows, that from- January I, to December i, 1885, there has been forwarded from Empire upwards of 500 tons of freight ; and received, over 690 tons ; to which is to be added the Middle Park traffic, consisting principally of received rfreight. Mr. E. Marker, of Hot Sulphur Springs, states that he ships in yearly from one hundred and twenty to one hundred and fifty tons of goods ; Mr. Frank N. Byers states that he ships in large quantities mostly in car-load lots. From this testimony it would appear that Middle Park tonnage would amount to at least 200 tons. On the part of respondent, the unsworn statement of the agent at Georgetown, taken froin the books of his office and submitted at the hearing, shows only about twenty-seven tons of freight going over Berthoud Pass. From a like statement it also appears, that Empire traffic consists of forwarded freight to the amount of about 300 tons, and received freight a little over 400 tons. The Station agent at Lawson also makes an unsworn statement, that the books of his office show Empire freight received, 6,780 pounds, and Middle Park freight received, 16,160 pounds. The annual returns of respondent's company to the Commissioner for the year ending June 30, 1885, shows that 1,107 passengers took the train at Empire switch for the six months commencing on the first day of January, RAILROAD commissioner's REPORT. 601 , 1885, and ending on the thirtieth day of June, 1885. This does not include the busy months of tourist and mountain travel. It is safe to assume that 2,500 passengers take the train at this point during the year, and that about the same number must of necessity leave the train at this point. In comparison of all the billing stations, on both the Colorado Central and the Denver, South Park and Pacific railroads, with Empire, I find that nearly one-half of such stations have a less revenue than would Empire were it a billing station. I arn aware that some of these stations are established out of necessity in operating the road, yet many of them are not. I am lead to believe, fpom all the testimony, that in case Empire be made a billing station, with proper terminal facil- ities, that fifteen per cent, of its revenue would cover the entire cost of maintaining it. On the whole case I am sat- isfied that the business at Empire, is sufficient to warrant the establishment and maintenance of a depot,. as prayed for in the petition. Respondent company, feeling the necessity of furnish- ing this business and this people with some conveniences, put in a switch track, built an alleged platform, with depot attachment and a water-tank. Ti'ains stop, take water, dis- charge and receive freight and passengers, in conformity with its rules regulating business at prepaid stations. The inconveniences arising from this management are almost in- numerable. All freight charges must be prepaid on ship- ments for this station. All freight from this station must be billed at the first station beyond. The rates charged are from and to the station beyond point of shipment. No for- warded freight is shown on this statement of Lawson busi- ness. I am at a loss to account for this discrepancy of state- ment, unless it arises from business done at Empire switch, and not accounted for in Georgetown and Lawson state- 602 RAILEOAD commissioner's REPORT. ments. According to respondent's statement, the total Enn-_ pire business, from January i up to December I2, 1885, was. Freight received, 422 tons and 1,305 pounds. The total freight forwarded during the same time was, 304 tons and 300 pounds. On the part of the petitioners, without taking into account the freight of other persons, Mr. Hanchett testifies, from his books, that hfe alone received over respondent's road, between January i and December i, 1885,430 tons of freight. In forwarded freight, James Trevillion testifies, that the mines of which he is Superintendent, have shipped 400 tons during the present year; and Warren M. Fletcher testifies, that their mine and mill, in which he has a partner- ship interest, have shipped, during the year, on an average of two car-loads per month. Of the seyen witnesses sworn and examined by me, in behalf of the petitioners, I saw no disposition to over estimate the volume of business done at the several- stations by Empire and Middle Park people. I have no reason for saying that their testimony is false, or even colored; and I cannot overlook it in determining the volume of business done at this point. Petitioners' testi- mony makes the tonnage of Empire station both forwarded and received, 1,390 tons, while respondent makes it only 762 tons. Petitioners' testimony further shows, that if Empire sta- tion was made a billing station, with proper terminal facili- ties, that its tonnage would increase from one-third to ont- half Shippers desiring cars to load car-load lots, must first go to Georgetown to procure them, and then to George- town again, after loaded, to have them billed. Freight in less than car-load lots, must likewise be billed at George- town. Freight received in less than car-load lots, the charges having been prepaid thereon, is dumped out on the platform without being receipted for, and at the owner's risk. BAILROAD commissioner's BEPOET. 603 , This loose way of doing business, leaves the door open for theft on the train, or off the platform, with no liability on the part of the carrier to exercise- diligence in the safe handling and delivery of goods entrusted to its care. The train men, as a matter of course, always report goods prop- erly discharged on the platform; the officers of the road relying on this report, always refuse to acknowledge ac- countability on the part of the company for loss. The irrepressible tracer turns up in due time, fully exonerating everybody but the shipper or consignee. This ends the controversy. The consignee makes an entry in his profit and loss account, and forever after swears that the train men have stolen his goods. The officers of the road believe, that the consignee has been trying to beat the railroad; and t'he consignee is, confident that the railroad has beaten him. It is just such transactions as these that create ill feeling, mistrust and lack of confidence between the people and railroad companies. These things should be remedied - they must be remedied. ' With reference to passenger traffic, the returns of respondent's company as hereinbefore stated show, that twenty- five hundred people are compelled to pay extra fare on the train for want of a ticket, receiving a draw-back check, which if not lost, will be cashed at any regular sta- tion. This number of people must wait for the train with- out shelter or fire. The testimony discloses one case hap- pening in November last, of a woman who had both of her feet frozen while waiting for the train. It also shows, that not only women and children, but men have been, and are still, not only inconvenienced, but compelled to suffer dur- ing the cold and inclement seasons of the year. The Com- missioner and his stenographer would have frozen the morning after taking the testimony in this case, while wait- ing for the morning train for Denver, had they not been able to secure shelter and fire at a house near the station. 604 RAILROAD commissioner's REPORT. The only answer of respondent to this utter lack of accommodation is, that Lawson is only one and one-half miles further on ; let them go there. This, to my mind, is not a fair answer to the real point in the case. The extra loss of time and cost of freight haul and passenger traffic, to either Lawson or Georgetown must be borne, for the most part, by poor people struggling to live and build up a business in a new cftuntry, which if successful, must in the end, benefit respondent's railroad. Slight expense to such people is a heavy burden, which would not be seriously felt by a richer and more prosperous community. If to gain better railroad facilities petitioners go to George- town, they have a wagon haul over Union Pass at a cost of one-ijuarter of a cent per pound for all freight hauled ; if to Lawson probably one-half that amount ; passengers in the same proportion. These people will endure hardship and suffer inconvenience rather than be to this extra expense; and the question must be met and dealt with as the facts exist, and not as respondent or the Commissioner might order them. I must confess, however, that the case is not free from difficulty in its determination. The point urged upon the hearing by Superintendent Choate, and upon which is prin- cipally based the refusal of respondent to build and main- tain a depot at this point is : That Lawson is a billing sta- tion, with good depot accommodation located only one and one-half miles down the road from Empire switch. That the inconvenience to petitioners, occasioned by this additional travel to reach a billing station, is not of that character and importance to demand of the company an increase of expense in maintaining two depots within so short a distance of each other. There is great force in this position; and Messrs. Choate, Keeler and Touhy, officers of respondent company who were in attendance at the hearing, presented this argument RAILROAD commissioner's REPORT. 605 in a very strong light. The cost of erecting a depot, with the necessary terminal facilities, will amount to a consider- able sum of money. The employment of an agent to run it, together with the incidental expenses, will amount afinu- ally to a considerable sum more. All of this additional expense must be made without increasing the revenue of the road. What goes to the new station is drawn from the old ; what respondent would make at Empire would be lost at Georgetown and Lawson. Viewed purely as a question of finance, as to who shall reap the profit and who bear the loss, I should be in great doubt as to the justice of petitioner's prayer for relief; for it must be conceded, that as a general rule it would be unreasonable to ask a railroad company to erect and main- ' tain depots within such short distances of each other. But to this rule there is, and of necessity must be, some excep- tions. Some are based upon purely selfish principles ; some upon the broader ground of public necessity. Railway officials are trained in the habit of operating railroads with an eye single to the monthly balance sheet. They have a horror of a red balance. In this constant strain to earn money with the least possible outlay of expense, railroad superintendents are' too apt to harden into the belief, that the system of road under their immediate charge, is nothing more than a private money-making machine to grind out dividends for stockholders to the utmost farthing there is in the traffic, regardless of the obligations the company owe to the public. Their man- agement is often dictated by the hard selfish measure, — where there is no profit, there must be no yielding to public convenience. Such management is not in harmony with public sentiment, nor even with the advanced idea of good railroad management. The philosophy of railroad legisla- tion, and decisions from the bench is founded upon the broad, liberal doctrine of returning benefits to the public 606 RAILROAD commissioner's REPORT. for the benefits conferred by the public. All prominent railroad men have accepted this doctrine, at least, theoret- ically. No one will attempt to deny that the public has a right to demand of a public corporation, conveniences common to the public, and the want of which affects the entire community. There is a wide distinction between a private and a public grievance. The law empowering the Commissioner to act in matters relating to the conduct and management of railroads, is grounded upon this dis- tinction. It declares that he shall "from time to time, carefully examine and inspect the condition of each railroad in the State, and its equipment, and the manner of its con- duct and management, with reference to the public safety, interest and convenience." It makes it his duty to recom- mend such changes as he may deem necessary in this behalf, and to notify the railroad corporation thereof When the conduct of a railroad corporation , is such, that it imposes a burden upon a whole community, it becomes a duty of the Commissioner, not only to investigate it, but to recommend such changes as will furnish relief The complaint in this case reaches beyond private inter- ests and private inconveniences. It- is the complaint of communities which, grouped together, embrace upwards of 2,000 people. The village of Empire is at the foot of one gulch, the village of Lawson at the foot of another. They are separate and distinct communities. Lawson is inacces- sible to Empire and Middle Park only by the way of Em- pire station. It is not altogether a question of distance, and the expense of covering it. Lack of railroad conveniences deteriorates property of all kinds. It may be unfortunate for the railroad, and even the villages themselves, that they are located so closely together; but should they not be dealt with alike? Shall one village be obliged to go to another village to do its railroad business? Shall one village be granted railroad facilities and another denied them? Shall prosperity come to one and ruin to another, through the same BAILEOAD commissioner's EEPOKT. 607 source? Shall a public corporation be permitted to tear down and build up as it pleases? Shall this loss be suffered by petitioners, solely on the gVound, that respondent com- pany will reap no profit by doing justice to both? These questions stand in the foreground, demanding a determina- tion by the Commissioner on principles of justice and equity as between the petitioners and respondent. Our statute contemplates fair, impartial dealing with all, discriminating against none. For three years this people has been peti- tioning respondent to furnish them the conveniences prayed for in this petition ; and the respondent has, as persistently, put into the balance its profit and loss against the profit and loss of petitioners, without once taking into account its public obligation. It seems to me that in this particular case, the question of profit sinks into insignificance beside that of public duty, which respondent owes to the people of these communities. The Commissioner therefore, in accordance with Section 5, of an act of the Fifth General Assembly of Colorado, concerning railroads, recommends: That the respondent, the Union Pacific Railway Company, erect and maintain a suitable depot, with stational facilities, at that point on the line of the Colorado Central Railroad, now known by the name of Empire Station. And that in consideration of the present time being the cold and inclement season of the year, such accommodations be furnished with all convenient speed. Dated Denver, December 24, A. D. 1885. W. B. Felkbe, Railroad Commissioner. 608 KAILEOAD commissioner's REPORT. CASE NO. 17. GOODRIDGE & MARFELL, , T, T T T. ' T. r Distribution of coal cars. The Union Pacific Railway ( ■' Company. On the thirtieth day of November, 1885, complainants made oral complaint to the Commissioner that they had repeatedly requested the officers of respondent company to furnish them with sufficient cars to transport the product of their coal mine to market; but that respondent had neg- lected and refused so to do. The Commissioner advised complainants to serve the following notice upon, the local agent at Erie and upon the Superintendent in Colorado of respondent railroad and that the Commissioner would enclose a copy of such demand in a letter to S. R. Calla- way, general manager, requesting him to furnish such cars ; and that without doubt said general manager would, upon the receipt of such letter, order the cars to be furnished. , Following is the demand served and sent to Mr. Callaway, and the correspondence in relation thereto : "To the Union Pacific Railway Company: We, the undersigned owners and operators of the coal mine known as the Stewart mine, located on the line of your road in the Boulder Valley District to wit: Upon a spur running from Erie to said mine, hereby request that you furnish us suitable cars to transport our coal taken from said rpine to the number of twelve cars per day. Dated November 30, A. D. 1885. GoODRIDGE & MaRFELL." Denver, Colo., November 30, 1885. S. R. Callaway, Esq., General Man'g'r U. P. R'y, Omaha, Nebraska : Dear Sir — Gentlemen, Goodridge and Marfell, owners of the Stewart mine at Erie, complain to me that they can get only four or five cars per day to ship their coal. That RAILROAD commissioner's REPORT. 609 they need from twelve to fifteen per day, to supply their Customers; that in consequence of not getting cars, they have lost valuable customers, and are continually being dam- aged between ^50 and ;^ioo per day. That they have repeatedly asked the agent at Erie, also Mr. Keeler, for cars, and have been promised them, but none have been furnished. I advised him to serve a written notice request- ing cars as provided by the statute upon your agent at> Erie and upon Superintendent Choate. I told him I would send you a copy of the request, and that you would undoubt- edly have the matter arranged satisfactorily. Enclosed please find request. Will you kindly advise me at your earliest convenience. Yours respectfully, W. B. Fblker, Commissioner. Omaha, December 2, 1885. Hon. W. B. Felker, Railroad Commissioner, Denver, Colo. Dear Sir — Referring to your favor of November 30, I will instruct the Superintendent of the Colorado Division, to use his best endeavors to keep Messrs. Goodridge & Marfell suppHed with cars. We are now having a large number of cars built. Yours truly, S. R. Callaway. ^ Denver, Colo., January 5, 1886. Goodridge & Marfell, Denver, Colorado. Messrs — Have you been and are you now receiving a sufficient nurhber of cars from the Union Pacific Railway Company to handle the product of your mine? Please answer. Yours respectfully, W. B. Felker. Commissioner. 77 610 EAILUOAD commissioner's REPORT. Denver, Colo., January 6, 1886. W. B. Felker, City. Dear Sir — Your letter of fifth at hand, and we are glad to say in reply that we have had enough cars of late to do our business. Yours respectfully, GoODRIDGE Exiortion. The complainant, S. M. Davis, alleges : First — That he is a resident of Salida, county of Chaffee, and State aforesaid. That heretofore plaintiff commenced the business of coal merchant at the place last aforemen- tioned, and is desirous of continuing the business. That he purchased a carload of coal of the Thornton Coal Com- pany, at Caiion City, on or about the first day of Novem- ber, A. D. 1885, and caused the same to be shipped from said Canon City to Salida, over the railroad of respondent. That the weight of said car was 20,500 pounds. That the said railway company charged complainant for transportation thereof the sum of thirty-two dollars and eighty cents, being ^t the rate of three dollars and twenty cents per ton. That the said respondent at the same time was charging only the sum of two dollars and fifty cents per ton for transportation of coal over its said road fi-om "Coal Creek to Salida, said Coal Creek being a point on the line of said respondent's railroad, in the neighborhood of thirteen miles east and south and beyond Canon City. That coal handled from said Coal Creek to Salida has to pass through said Canon City. Second — That said respondent has hitherto and does now 'continue to discriminate against this complainant and RAILROAD COMMISSIONER S 'REPORT. 611 the said Thornton Coal Company in its transportation of coal from the mines of the said Thornton Coal Company, whereby this complainant is greatly damaged. Third — That the acts and doings of the. said respond- ent as hereinbefore cited are contrary to the statute of the State of Colorado in such case made and provided. Wherefore your complainant prays that said Commis- sioner investigate the said matter and» determine thereupon as provided by law. (Signed.) S. M. Davis. STA'i\E OF Colorado, Chafeee County, S. M. Davis, being first duly sworn, deposes and says that he is the complainant in the above entitled cause, that he, has read the same and knows the contents thereof, and that the same is true of his own knowledge. S. M. Davis. Subscribed and sworn to before me this tenth day of November, A. D. 1885. W. H. Davis, Justice of the Peace. A copy of the foregoing complaint was served on W. S. Jackfeon, receiver of said respondent railway company, on the eleventh day of November, A. D. 1885. On the sec- ond day of December, A. D. 1885, the following letter was received from Traffic Manager A. S. Hughes: Denver, Colo., December 2, 1885. Hon. W. B. Felker, Railroad Commissioner State of Colorado, 1 Denver, Colorado: Dear Sir — Referring to attached papers relative to com- plaint made by Mr. S. M. Davis on accounl: of the coal rate from-' Canon City to Salida, the r^te of ;^3.20 per ton was charged in accordance with the general rule to use the class- ification in the absence of a tariff. There being no coal business from Canon heretofore, a tariff was unnecessary, 612 RAILROAD COMMISSIONERS REPORT. ^ but had we been asked for rate would have named $2.8?}^ per ton upon shipments comprising a limited number of cars per month. An increase of business would doubtless secure a somewhat better rate. In conclusion, instructions have been issued to correct to $2.87^ per ton, a rate hitherto offered but not accepted, and have issued this rate open. Yours truly, • A. S. Hughes. Thereafter respondent company refunded to complainant the difference between the rate paid and 12.87^ the open rate made, and the complainant having received the same in satisfaction of his claim, the complaint was thereupon dismissed by order of the Commissioner. CASE NO. 22. TwEnty-five Citizens of Chaffee County, , vs. W. S. Jackson, Receiver of The Denver and Rio Grande Railway. Extortion. The complainants *ille?ge that they are citizens of the ' county of Chaffee, State of Colorado ; that they have sub- scribed their names hereunto and make this complaint as such citizens in conformity to section sixteen of an act en- titled "An act concerning railroads and railroad corpora- tions," etc., passed by the Fifth General Assembly of the State of Colorado, and approved April 6, A. D. 1885. That the said W. S. Jackson is thd receiver of tjie Den- ver and Rio Grande Railway Company, a corporation exist- ing under the laws of this State, and that said receiver is now operating the said railway owned by the said cornpany. That said respondent charges and exacts for the trans- portation of coal in car load lots on said railway from Canon City to Salida, the sum of ^3.20 per ton. That the distance between the said two points is 59.9 miles. That RAILROAD OOMMISSIONIiR S REPORT. 613 the said sum of ^3.20 tariff per ton as aforesaid charged by respondent between said two points is exorbitant, unreason- able and extortionate. That the sum of ;^2:oo per ton in car load lots is a reasonable and proper charge for such transportation between said two points. ^ Wherefore complainants demand, that the said Commis- sioner make an examination of the freight tariff on coal in car load lots between Canon City, in the county of Fre- mont, and Salida, in the county of Chaffee, State of Colo- rado, as charged by the said respondent, and determine whether the same be extortionate or not; and further tp determine what is a reasonable tariff per ton for coal in car load lots between the said two stations on respondent's Railway. Dated November 30, 1885. S. M. DAVIS, W. P. CARSTARPHEN, JOHN W. HAMM, D. P. FULLER, S. W. TAYLOR, J. E. HAWVER, J. M. McCOMAS, S. H. COMSTOCK, R. ATWOOD, J. H. STEWART, D, F. ARNOLD, THOS. F. DRAYTON, Jr. A. R. THURBER & CO., J. S. BROWN, DELL CR.ANE, IRA A. BOSTWICK, H. SHERWOOD, i W. L. KELSEY, A. T. HATHAWAY, ALEX RENMISK. B. DISMAN, J. B. THOMPSON, J. P. SMITH, JOHN B. RANDOL, IRA THOMPSON, C.J. SNITT, N. B. HAMES, E. H. STREPEY, M. J. ANDERSON, C. C. LAMB, D. G. MILLER, WM. STEVENS, , J.DORCEY, J. D. SMITH, ED. SCHEV ALTER, H. B. EWING, W. H. DAIRN, A. G. DODGE, C. A. HAWKINS, J. B. BR^OWN, JAMES 'O'NEIL) C. HAYDEN, Jr. State of Colorado Chaffee County, fTY,J SS. Personally appeared, before me W. H. Davis, a jus- tice of the peace in and for. Chaffee county, S. M. Davis and S. W. Taylor, and upon oath swear that they are acquainted with the persons whose names are subscribed to the foregoing complaint and that they know them to be 614 EAILEOAD COMMISSIONEE's EEPOET. bona fide citizens of said town of Salida, Chaffee county, Colorado, and that said signatures were attached in their presence. S. M. Davis, S. W. Tatloe. Subscribed and sworn to before nne this thirtieth day of November, A. D. 1885. W. H. Davis, Justice of the Peace. ■ Complaint and notice of intended examination was sef'ved on respondent December 2, 1885. No answer was filed by respondent. On the fifth day of December, A. D. 1885, pursuant to notice an examination was had at the office of the Commissioner, at which time and place S. M. Davis appeared and testified in behalf of complainants, and A. S. Hughes, traffic manager, appeared and testified in behalf of respondent company. On the eighth day of December, A. D. 1885, such examination was continued; and pursuant to notice the testimony of Charles Thornton was taken at the office of Charles E. Bradley in Canon City, county of Fremont, State of Colorado. There was no conflict of testimony in the case. The substance of all the material portions thereof appearing in the decision of the Commissioner, its publication is deemed unnecessary. Respondent not being present at the examination of witness Thornton, a copy thereof was furnished respondent accom- panied by the following letter : Denver, December 9, A. D. 1885. W. S. Jackson, Esq., R,eceiver of the Denver and Rio Grande Railway, Denver, Colorado : Dear Sir — Herewith I hand you copy of testimony of Charles Thornton, taken pursuant to notice, at Canon City, December 8, in case of twenty-five citizens of Chaffee county vs. The Denver and Rio Grande Railway Company. RAILKOAlD COMMISSIONEe's EfiPOET.. 615 If you desire to rebut the same, or introduce any addi- tional testimony in this case, please do so at once, as it is desirable that a determination be reached with all conven- ient speed. Yours respectfully, W. B. Felkee, Commissioner. No further testimony being offered, and the respondent having submitted its argument, and the Commissioner being fully advised in the premises, the following decision and recommendation was made. DECtSION. This case is brought under Section i6, of an act enti- tled "An Act Concerning Railroads and Railroad Corpora- tions," etc., approved April 6, 1885. The complaint charges the existence of an unreasonable tariff on the transporta- tion of coal in car-load lots, between Canon City and Salida; two stations on respondent's railroad. Due notice, in writing, of the time and place of the in- tended examination, and an opportunity to be heard, was given to the petitioners and likewise to the respondent rail- road company. Both parties were present, by their repre- sentatives, at such examination. Owing principally to the absence of Hon. E. O. Wolcott, General Solicitor of res- pondent company, from the State, no answer was filed in this case, and no testimony was submitted in its behalf, ex- cepting that of A. S. Hughes, General Traffic Manager, which was mainly explanatory of respondent's system of adjusting coal tariffs and the general manner of handling the coal traffic on its line of road. The testimony, on the part of complainants, established the following state of facts; S. M. Davis being desirous of engaging in the coal trade, as a retail dealer, in Salida, made arrangements with the 616 RAILROAD commissioner's REPORT. Thornton Coal Company, engaged in mining coal at Canon City for a supply of coal,; that about the first of November, A. D. 1885, said company shipped a car of coal from its m^ne to Salida, consigned to said Davis; that respondent charged and exacted from the consignee the sum of ^32.80 for transportation of said car of coal, being at the rate of ^3.20 per ton; that the distance of haul was fifty-six miles. It was further shown, that respondent's tariff for trans- portation of coal from Coal Creek to Salida, a distance of sixty-sfeven miles, is ;^2.5o per ton. That shipments from Coal Creek reach the main line at Florence ; from thence to Canon City, and from thence to Salida; thus traversing the same route after reaching Caiion City as the Davis con- signment. It must strike the novice in railroad management, at first blush, that there must be something radically wrong in a charge of 70 cents more per ton for twelve miles less haul over the same road. And the wrong appears the more flagrant, when we take into consideration that neither of the three places named are competitive points. It fre- quently becomes necessary, in order that justice be done between competitive shippers to an open market, that the ' same rate be made for the longer haul ; but there is aio ap- pearance of justice upon the face of a practice that estab- lishes a less rate for the greater distance. There may be exceptional cases that would justify such management; but they should be suffered to exist only upon the strongest proof of an absolute necessity. I am inclined to adopt the rule laid down by the Railroad Commissioners of the State of New York, viz.: " That a larger charge for a shorter haul than for' a longer one, is prima facie unreasonable." This throws the burden of proof upon the railroad com- pany to show the reasonableness of the charge. The rail- road company, being in possession of all the facts upon which the rate is based, is in a position to dxplain the rea- EAILROAD commissioner's REPORT. 617 son of making the rate and certainly it cannot be a harsh rule that compels the disclosure of facts mainly, if not solely, in the possession of the party charged. The only reason assigned by respondent in support of this distinction of rate, was difference in volume of busi- ness and facility of handling it. It was urged that volume of buiness and facility of handling it should not only enter into the question of making rates, but should be a control- ling element in determining the reasonableness of the rate charged. While I do not wish to be understood as assert- ing that these facts ought not to be taken into consideration in a certain class of cases, I cannot give my assent to the • proposition in the abstract. Taking the carload as the limit of shipment, which is recognized by every railroad man- agement west of the Missouri river as ithe only equitable , basis upon which to compute rates, and it is not easy to dis- cover upon what principle the shipper of a large number of carloads should have the advantage of a less rate than the shipper of a less number of carloads, without subjecting the company to the charge of unjust discrimination. The cost of handling the shipment, as a rule, is the same in the one case as the other. Upon this point I quote from authority recognized by railway managers as the highest in this country. Commissioner Fink, in his testimony before the Hepburn committee, said : " It costs no more to ship . carloads of freight between two stations of a railroad, whether they belong to one shipper or ten shippers, whether one man ships ten carloads, or ten men ship one carload each. There is no ground for discriminating in favor of the large shipper. Any discrimination made in his favor is entirely arbitrary. There is no rule, no principle, on which it can be established or defended. All arbitrary discrimi- nation works injustice to others." Mr.' Vanderbilt and Mr. Jewett both supplemented Mr. Fink's testimony in their testimony given before the same 618 EAILROAD COMMISSIONEe's EEPOET. committee. It may be said that Mr. Fink had reference to shipments between the same termini, and that as authority it can have no weight upon shipments from or to interme- diate points, having a common terminus. Let us see. It will be conceded that wherever the point of shipment, a cer- tain amount of terminal charges must necessarily be in- curred. The cost of making up a train depends upon the amount of switching and the time consumed in doing it. Counting fifteen cars a full train, all at one station, or with five cars at three different stations on the main line, what would be the difference in cost of making up the train? It must be admitted that it would cost more to couple up, switch and get fifteen cars upon the main line than it would five. The cost of setting out and picking up single cars along the main line is greater than taking the whole train from one switch track. It costs less to haul a part of a train than it does a whole train ; and until the last station be reached and the whole train made up the maximum cost of hauling that train do'fes not begin. When we come to equalize the cost of making up a train from switch tracks at three different stations, and lay the due proportion of additional cost upon five cars of ten tons each, it will be found an infinitesimal amount per ton. When the train is made up, then the practical testimony of Mr. Fink applies ; for it is only the additional cost of making up the train that can make the, difference in cost of transportation. Respondent's testimony establishing the fact, that at Coal Creek the superior facilities for handling coal, over those employed at Caiion City, can avail respondent noth- ing ; unless it be, in regard to the, detention of cars. No testimony was" offered showing the length of time cars were held at Coal Creek, nor that the Thornton Coal Company- held its cars longer than the cars are usually held at Coal Creek. The testimony of corhplainants shows, that the cars at Canon City were dropped in empty one night and taken out loaded the next. That the rule and custom of RAILROAD commissioner's REPORT. 619 fespondent company was to allow twenty-four hours for pur- poses of loading, or unloading ; and in no classes of freight was demurrage -charged until the expiration of that time. Because the Colorado Coal and Iron Company may have superior advantages for mining, handling and ship- ping, over the Thornton Coal Company ; and can by reason thereof put coal in market on a larger margin, is no reason why that company should have a monopoly of railway transportation. On the contrary, it is the strongest of rea- sons that it can afford to pay, and should pay, a full rate. It does not become a' carrier of commodities to urge the inequalities existing between the large and small producers, whereby the latter is unable to compete with the former in the market. It is a duty whic^h the common carrier owes to the public, that he stand in the presence of shippers to a common rnarket, absolutely unprejudiced and impartial. The benefits to be derived, from the public character of rail- way corporations, belong to the whole people and not to the few ; to the poor as well as the rich ; to the weak as well as the strong. Our statute explicitly favors a railway rhanagement, that assists the development of the resources of the State. A railway management that would attempt to strangle the opening up of any industrial enterprise, would be directly violating the law. Railway corporations need have no fear, of too many coal mines being opened along the line of their road, unless they have combined the business of a common trader with that of a common carrier, and share the output of the mine. It does not necessarily follow, that opening up new mines will result in over-production. It may lessen the market value of the product and cheapen the price to the consumer; but we must bear in mind that the cheaper fuel becomes, the more there will be consumed. Consumption is based upon economic princi- ples. None but the profligate, but what consult the cost 620 RAILROAD commissioner's REPORT. mark of living. Cheap coal will make a market where there was none before. Again, we must not forget that increase of product demands a corresponding increase of labor in its production. Remunerative employment adds wealth of population. In making a demand for labor and cheapening the cost of living, the masses are benefited, the railways are benefited and the State is increased in wealth. I haye no word of censure for the officers of respondent company as regards the facts arising in this case. From the first, both the Receiver and the Traffic Manager, have manifested a disposition to make a fair rate for the Canon City mine ; the only question being as to what constituted a fair rate. Prior to the time of Mr. Davis shipping this car of coal, no shipments had been made from the Canon City mines to the coal purchasing markets throughout the State. No rate had been solicited, and, as a necessary con- sequence, these mines were not placed in the special coal tariff rate sheet. Respondent's agent at Salida charged schedule freight rates according to the classification of commodities of like character. After this proceeding was instituted, respondent refunded to Mr. Davis the difference between the rate charged a^nd a $2.87^ rate, which was made open ; and to the mind of the Traffic Manager, was a fair rate, taking into consideration the small amount of business at that point. Upon the reasonableness of this rate, has arisen the only difference of opinion between the Commissioner and the officers of respondent company. In fixing coal rates, the rate maker must be largely gov- erned by that broad commercial policy, which • gives the lowest prices to the consumer of the necessaries of life. Coal for fuel, in this State, is a necessity. Conceding that the value of the article transported, and its liability to dam- age in transit, enters largely into the question of reasonable- ness of rate, and adding to this,, that the article itself is a necessary, there is probably no product carried that requires so low a rate as coal. EAILROAB commissioner's KEPORT. 621 The special coal tariff rate sheet in force on respondent's railroad was introduced in evidence. It is indisputable, that the rates established in this sheet, covering as they do the entire coal haul over respondent's road, stand as an admission that the gross earnings from this traffic so rated, are reasonably remunerative to respondent company. The rate therein established, between Coal Creek and Salida, is ^2.50 per ton. There has been no sufficient reason assigned by respondent, why a greater rate should be established between Canon City and Salida. The Commissioner cannot look alone to the interests of complainants in fixing this rate. The interests of three dif- ferent classes of persons must be taken into account in con- , sidering this question, viz.: The producer, the carrier and the consumer. The carrier has a right to make and exact a reasonable rate for transportation service. In making such rate there must be no discrimination in favor of one producer and shipper as against another producer and ship- per. Without particular reference to the length of haul, all like producers should be put into the same market upon as nearly the same equality as can be. A tariff that will ac- complish this benefits both producer and consumer. It extends the bounderies of trade, stimulates a healthy com- petition, establishes a settled market and cheapens the price of commodities. The short difference in the length of haul between Canon City and Coal Creek is of no consequence. Were the Commissioner to consider only the interests of complainants' and apply the theory of actual cost of trans- portation of a short distance haul, he might, without doing great injustice to respondent company, recommend a tariff lower than that from Coal Creek ; but it would inevitably lead to the sacrifice of the best interests of the Canon City coal mines. For when developed into heavy producers, they must look to the markets east for the disposal of the bulk of their product, unless a better market than at pres- ,622 fiAiLROAD commissiohee's eeport. ent should open up in the West. If Canon City coal mines be put into the coal markets west of that place, at a less freight tariff, on account of this difference of haul, then they must expect to pay that difference to be put into the markets east. If the Canon City mines be put into the markets both east and west, upon a like tariff with Coal Creek, justice both to the consumer and producer will be more nearly subserved than by fixing any other rate. After a thorough examination of all the facts in this case, and in pursuance of the provisions of the statute under which this proceeding was brought, I find and report, that the freight tariff on coal, in car-load lots, as charged by respondent company, between Can(*i City and Salida, are unreasonably high ; and that a fair and reasonable rate on coal in car-load lots for transportation from said Carion City to said Salida, is ^2.50 per ton in car-load lots. And in conformity with sucK finding, I hereby recom- mend that said respondent company do make and establish an open rate of ^2.50 per ton, in car-load lots, on such product, from Canon City, in Fremont County, to Salida, in Chaffee County, State of Colorado, to take effect immedi- ately. ' Dated December 30, A. D. 1885. W. B. Felkee, Railroad Commissioner. A certified copy of the 1 foregoing decision and recom- mendation was served upon W. S. Jackson, Receiver afore- said, and immediately thereupon the said Receiver com- plied with the said recommendation, and made an open rate of ^2.50 per ton in carload lots, on coal, between Canon City and Salida aforesaid, RAILROAD commissioner's REPORT. 628 CASE No. 23. The Glenwood Hardware Company. vs. T, T^ T-. ,' Delay in shipment of freight. The Denver and Rio j j & Grande Railway Com- pany. Glenwood Springs, Colo., December 8, 1885. Hon. R. R; Commissioner, Denver, Colorado : Dear Sir — On the seventh day of November last the Boettcher Hardware company, of Denver, shipped to me via Granite, over the Denver and Rio Grande Railway, a bill of hardware which was not delivered at Granite until the twenty-sixth day of November, having been in transit nineteen days. In consequence of this delay I have been greatly damaged. First, in consequence of unjust delay disabled to pay my bills at maturity. Secondly, have had to pay advance of fifty cents per hundred from Granite to the Springs. Am I entitled to damages ? If they refuse to do what is right I can hereafter, at least, patronize the South Park road via St. Elmo. Yours very respectfully, Glenwood Hardware Company. Denver, Colo., December 12, 1885. Hon. W. S. Jackson, Receiver Denver and Rio Grande Railway, Denver, Colorado : Dear Sir — Enclosed find copy of complaint of Glen- wood Hardware Corhpany against your road for damages occasioned by delay of goods shipped over your road from Denver to Granite. Please cause an investigation to be made of this matter and advise me by answer at your earliest convenience. * Yours respectfully, W. B. Fblker, r Cofnmissioner. 624 EAILEOAD commissioner's REPORT. Denver, Colo., December 13, 1885. Glenwood Hardware Co.: Glenwood Springs, Colo.: Messrs : —Your complaint against the Denver and Rio Grande Railway Company for delay in transportation of shipment of goods from Denver, duly received. I immediately referred the same to Receiver Jackson, and as soon as I receive his answer will further confer with you on the subject. You give me no quantity of shipment, nor any facts upon which I could determine the amount of damages which you have suffered. I shall require some proof of the amount of damage in case I proceed with an investiga- tion. Yours respectfully, W. B. Fblker, Commissioner. Denver, Colo., December 15, 1885. W. S. Jackson, Esq. : Receiver, Denver, Colo. Dear Sir: — Herewith I return papers concerning alleged delay to a shipment for Glenwood Hardware Com- pany. This consignment was delivered to us November 9 (instead of November 7, as stated) and was forwarded same date, arriving at Granite on November 13 (instead of No- vember 26, as claimed), but the freight was not taken from Granite by freighters until November 26, for which delay of course we are not to blame. Yours truly, A. S. Hughes. Hon. W. B. Felker: Railroad Commissioner, Denver: Dear Sir : — The above is furnished you for your infor- mation in answer to your letter of December 12, enclosing RAILROAD COMMISSIONEK''s REPORT. 625 copy of letter from Glenwood Hardware Company, dated December 8. Respectfully, W. S. Jackson, Receiver. Denver, Colo., December i6, 1885. W. S. Jackson : Receiver Denver and Rio Grande Railway : Dear Sir: — Yours of the fifteenth instant, enclosing letter from Mr. Hughes, your traffic manager, in reply'to my inquiry concerning the delay in transit of the Glenwood Flardware Company's shipment of goods, received. Your explanation ought to be perfectly satisfactory to that company. I shall forward to the company a copy of Mr. Hughes' letter, and so advise them. Yours respectfully, W. B. Felker, Commissioner. Denver, Colo., December 16, 1885. Glenwood Hardware Co. : Glenwood Springs, Colo. Messrs : — Enclosed find copy of letters from the officers of the Denver and Rio Grande Railway Company, in answer to your complaint of delay in transit of your ship- ment of goods from Denver, as you allege, on the seventh day of November last. It appears that the railway com- pany received these goods on November 9, and delivered them at Granite on November 13. It appears that the de- lay is chargeable to the freighters at Granite. I do not see how any blame can attach to the railway company. Your remedy is against the freighters. Yours respectfully, W. B. Felker, Commissioner. APPENDIX CONSTITUTION. ARTICLE XV. CORPORATIONS. CHARTERS NOT. USED EXPIRE. Section i. All existing charters or grants of special or exclusive privileges under which the corporators or grantees shall not have organized and commenced business in good faith at the time of the adoption of this Constitu- tion, shall thereafter have no validity. WHAT CHARTERS MAY BE GRANTED. Sec. 2. No charter of incorporation shall be granted, extended, changed or amended by special law, except for such municipal, charitable, educational, penal or reforma- tory corporations as are or may be under the control of the State ; but the General Assembly shall provide by general laws for the organization of corporations hereafter to be created. POWER TO REVOKE-ALTER ANNUAL CHARTER. Sec. 3. The General Assembly shall have the power to alter, revoke or annul any charter of incorporation now existing and revocable at the adoption of this Constitution, or any that may hereafter be created, whenever in their opinion it may be injurious to the citizens of the State, in such manner, however, that no injustice shall be 'done to the corporators. RAILROADS -PUBLIC H IGH WAYS -CONSTRUCTION - INTER- SECTION. Sec. 4. All railroads shall be public highways, and all railroad companies shall be common carriers. Any asso- ciation or corporation organized for the purpose shall ha!ve the right to construct and operate a railroad between any designated points within this State, and to connect at the 680 RAILROAD COJr\trSSIOWBR's REPORT. State line with railroads of other States and Territories. Every railroad company shall have the right with its road to intersect, connect with or cross any other railroad. CONSOLIDATION— PARALLEL LINES. Sec. 5. No railroad corporation, or the lessees or managers thereof, shall consolidate its stock, property or franchises with any other railroad corporation owning or having under its control a parallel or competing line. RAILROADS— RIGHTS OF PUBLIC^ TO TRANSPORTATION— NO PREFERENCE. Sec. 6. All individuals, associations and corporations shall have equal rights to have persons and property trans- ported over any railroad in this State, and no undue or un- reasonable discrimination shall be made in charges or in facilities for transportation of freight or passengers within the State, and no railroad company, nor any lessee, mana- ger or employe thereof, shall give any preference to indi- viduals, associations or corporations in furnishing cars or motive power. EXISTING RAILROADS FILE ACCEPTANCE OF CONSTITUTION. Sec. 7. No railroad or other transportation company in existence at the time of the adoption of this Constitution, shall have the benefit of any future legislation without first filing in the office of the Secretary of State an acceptance of the provisions of this Constitution, in binding form. EMINENT DOMAIN— POLICE POWER— CORPORATIONS. Sec. 8. The right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking the property and franchises of incor- porated companies and subjecting them to public use, the same as the property of individuals ; and the police power ' of the State shall never be abridged or so construed as to permit corporations to conduc^their business in such man- ner as to infringe the equal rights of individuals or the general well-being of the State. FICTITIOUS STOCK, BONDS-INCREASE OF STOCK. Sec. 9. No corporation shall issue stocks or bonds, except for labor done, service performed, or money or property actually received, and all fictitious increase of APPENDIX. 631 Stock or indebtedness shall be void. The stock of corpor- ations shall not be increased except in pursuance of general law, nor without the consent of the persons holding a ma- jority of the stock, first obtained at a^ meeting held after at least thirty days' notice given in pursuance of law. FOREIGN CORPORATIONS -PLACE-AGE NT. Sec. io. No foreign corporation shall do any business in this State without having one or more known places of business and an authorized agent or agents in the same, upon whom process may be served. STREET RAILROADS-CONSENT OF AUTHORITIES. Sec. II. No street railroad shall be constructed within any city, town or incorporated village, without the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad. GENERAL ASSEIVI BLY— RESTRICTIONS. Sec. 12. The General Assembly shall pass no law for the benefit of a railroad or other corporation, or any indi- vidual or association of individuals, retrospective in its operations, or which imposes on the people of any county or municipal subdivision of the State, a new liability in respect to transactions or consideratioiiiS already past. TELEGRAPH LINES-CONSOLIDATION. Sec. 13. Any association or corporation, or the lessees or managers thereof, organized for the purpose, or any indi- vidual, shall have the' right to construct and maintain lines of telegraph within this State, and to connect the same with other lines, and the General Assembly shall by general law of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph, company shall con- solidate with or hold a controlling interest in the stock or bonds of any other ' telegraph company owning or having the control of a competing line, or- acquire, by purchase or otherwise, any other competing line of telegraph. RAILROAD TELEGRAPH-CONSOLIDATING WITH FOREIGN LINES. Sec. 14. If any railroad, telegraph, express or other cor- poration organized under any of the laws of this State, shall consolidate, by sale or otherwise, with any railroad, tele- 632 KAILEOAD COMMISSIONEe's REPORT. graph, express ^or other corporation organized under any laws of any other State or Territory, or of the United States, the same shall not thereby become a foreign corporation, but the courts of this State shall retain jurisdiction over that part of the corporate property within the limits of the State in all matters which may arise, as if said consoli- dation had not taken place. CONTRACTS WITH EMPLOYES, RELEASING FROM NEGLI- GENCE—VOID. Sec. 15. It shall be unlawful for any person, company or corporation to require of its servants or emploj-es, as a condition of their employment or otherwise, any 'contract or agreement whereby such person, company or corpora- tion shall be released or discharged from liability or respon- sibility on account of personal injuries received by such servants or employes while in the service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or em- ployes thereof, and such contracts shall be absolutely null and voir'. RAILROAD COMMISSIONER LAW. AN ACT Cortcerning Railroads and Railroad Corporations, prescribing the powers and duties thereof, also providing for the appointment of a Railroad Commissioner, and prescribing the powers and duties of the same. Be it enacted bylthe General Assembly of the State of Colorado : Section i. That within ten days after the passage of this act, the Governor shall appoint one competent person to be Railroad Commissioner, such appointment and all subsequent appointmens to be made with the advice and consent of the senate. . The Commissioner so appointed shall hold the office for the period of two years from the first day of April, A. D. 1885, unless removed by the Gov- ernor for cause. In case the senate shall not be in session when the appointmei^t shall be made, the Commissioner so appointed shall hold his office during the term for which he shall be appointed, or until the senate shall refuse to concur therein. The Governor, before the fiirst day of February of APPENDIX. 633 each alternate year thereafter, shall appoint a Commissioner to hold office for the term of two years from the first day of April thereafter, unless sooner removed for cause, and in case a vacancy shall occur in said office by resignation or otherwise, the Governor shall fill the same by appointment for the remainder of the term. The Governor may remove said Commissioner for good cause and appoint another at any time, whenever in his discretion he may believe the public welfare demands the change, and he shall report his action in the matter of such removal, and the reasons therefor, to the legislature. Sec. 2. (Qualifications.) No person owning any bonds, stock, or property in any railroad corporation, or who is in the employment of, or who is in any manner pecuniarily interested in any "railroad corporation, sh^ll be eligible to the office of Railroad Commissioner. Said Commissioner shall be a citizen of the United States, a qualified elector of this State, and shall have resided in the State for at least two years before his appointment. Sec. 3. (Office — Compensation — Term,) The Com- missioner so appointed shall hold his office at the capitol of the State. He shall receive a salary of three thousand six hundred dollars per annum, to be paid quarterly, and he shall be provided, at the expense of the State, with neces- sary office, office furniture and stationery, and shall have authority to appoint a' secretary, who shall receive a salary of eighteen hundred dollar^ per annum, payable quarterly. The commissioner so appointed shall devote his entire time to the duties of his office. Sec. 4. (Oath — Bond.) Said Commissioner and his secretary shall be sworn to the due and faithful performance of his duties, before entering upon the discharge of the same, and said Commissioner shall enter into a bond, with sureties to be approved by the Governor, in the sum of twenty thousand dollars, conditioned for the faithful per- formance of his duties. Sec. 5. (Examination of Railroads.) Said Commissioner shall have authority to examine all railroads operated by steam in this State, and shall investigate any neglect or violation of the laws of this State by any railroad corpora- 80 634 KAILEOAD commissioner's KEPOET. tion doing business therein, or by the officers, agfents, or employes thereof, that shall come to his knowledge, and shall also, from time to time, carefully examine and inspect the condition of each railroad in the State, and its eq.uip- ments, and the manner of its conduct and management^ with reference to the public safety, interest and convenience. Whenever it shall be made to appear to the Railroad Com- missioner that any railroad corporation neglects or fails, in any respect, to comply with the terms of its charter, or the laws of this State, or whenever, in the judgment of the Commissioner, any changes are necessary in the manner of operating any railroad, said Railroad Commissioner shall notify, in writing, said railroad corporation of the improve- ments and changes, which he deems necessary, such notice to be served by leaving a copy thereof,, properly certified, with the president, superintendent, or other person in charge of said railroad, and a report of such proceedings shall be included in the annual report of the Commissioner to the Governor, who shall transmit the same to the legislature. Nothing in this section shall be construed as giving the Commissioner authority to change the manner of operating a railroad, or as relieving any railroad corporation from its statutory or common law responsibilities, or liabilities for damages to person or property as common carriers, or otherwise. No railroad company shall be permitted, by contract or otherwise, to alter or change its common law liability as a common carrier, and all such contracts shall be void, unless in writing, signed by the shipper, and ex- pressed therein to be at owner's risk. Sec. 6. .(Loading Points — Freight Cars.) It shall be the duty of every railroad corporation in this State to estab- lish loading points along the line of its road, at such points as may, uppn written application and reasonable notice to the railaoad corporation, and reasonable opportunity for hearing, be designated by said Railroad Commissioner, for the loading of live stock, ore, coal, coke, stone, lumber, lime, or other freight in car load lots. Every railroad cor- poration shall, upon written request and upon reasonable notice, furnish suitable cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight, and receive and transport such freight with all reasonable dispatch, and provide and keep suitable facilities APPENDIX. 635 for receiving and handling the same at any depot, station, loading or unloading point on the line of its road ; Provided, Whenever such railroad corporation shall not have under its control a sufficient number of cars to supply the demand therefor, then such railroad corporation shall furnish to such applicants cars in the order in which such applications shall have been made ; Provided, further. In every case where the number of cars demanded by or for any person, firm or corporation, cannot be furnished and used within two da^s after the date of such demand, then, and in that case, cars shall be furnished to the several applicants in propor- tion to their respective needs therefor, and if such ratio can- not be agreed upon by and between the railroad corpora- tion and the several such applicants, then the Railroad Commissioner shall, upon application of either party, fix such ratio. Sec. 7. (Unjust Discrimination.) No railroad corpora- tion shall, without the written approval of said Commis- sioner, charge, demand or receive from any person, com- pany or corporation, for the transportation of persons or property, or for any other service, a greater sum than it shall, while operating under the classification and schedule then in force, charge, demand or receive from any other person, company or corporation for a like service from the same place, or upon like conditions and under similar cir- cumstances, and all concessions of rates, drg.wbacks and contracts for special rates shall be open to, and allowed all persons, companies and corporations alike, at the same rate per ton per mile, upon like conditions and under similar circumstances, except in special cases designed to promote the development of the resources of this State, when the approval of said Commissioner shall be obtained in writing. But nothipg in this section shall be construed so as to pre- vent the said Commissioner from making a lower rate, per ton per mile, in car load lots, than shall govern shipments in less quantities than car load lots, and for making lower rates for lots of not less than five car loads than for single car load lots, except in cases otherwise provided for in this section. All passenger tickets shall be transferable by delivery, and no discrimination of any kind shall be made by any railroad corporation, or by its agents or employes, against the holder of any passenger ticket. All passenger 636 RAILROAD commissioner's REPORT. tickets shall be good for one passage over the road, or part of road expressed therein ; Provided, Nothing in this sec- tion shall be construed to jirohibit the issuance of commer- cial, excursion or round-trip tickets, with the usual condi- tions therein, nor tickets limited as to time, but not as to person. Sec. 8. (Extortion.) No railroad corporation shall charge, demand or receive from any person, company or corporation an unreasonable price for the transportation of persons or property, or for the handling or storing bf freight, or for the use of its cars, or for any privilege or service afforded by it in the transaction of its business as a railroad corporation and not specified in the classification and^ schedule prepared and published by such railroad cor- poration. The superintendent or other chief executive officer of each railroad in this State, shall cause to be kept posted up, in a conspicuous place in the passenger depot in each station where passenger tickets are kept for sale, a printed copy of the classification and schedule of ratds of freight charges then in force on each railroad, for the use of the patrons of the road. Any railroad company violat- ing any of the provisions of this -section shall be deemed guilty of extortion, and be subject to the penalties herein- after prescribed. Sec. 9. (Penalty.) Any railroad corporation that shall violate any of the provisions of this' act as to loading points, freight cars, unjust discrimination or extortion, shall forfeit, in every such case, to the person, company or corporation aggrieved thereby, three times the actual damage sustained or overcharges paid by the party aggrieved, which triple damages shall be adjudged to be paid, together with the costs of suit and a ireasonable attorney's fee, to be fixed by the . court, and taxed with the costs ; and, if an appeal or writ of error be taken from the judgment in such case, it shall be the duty of the appellate court, in case the judg- ment of the lower court shall be affirmed, or the plaintiff's right to recover sustained, to cause to be taxed, with the costs in that court, an additional reasonable attorney's fees for services in the appellate court; Provided, In all cases where there shall be an agreed rate or price, in writing, for the transportation of any freight, to be delivered at any point in this State, such freight shall not be withheld for APPENDIX. 637 any alleged overcharge thereon, but, in every such case, all such freight shall be delivered, without delay, to the con- signee, or his order, upon a tender by or for him of the amount expressed in such written agreement or biirof lad- ing. And, in case such freight shall not be so delivered within twenty-four hours 'after demand, the consignee thereof, or his legal representatives or assigns, may recover the same in an action for the claim and delivery of personal property, together with all costs of suit and a reasonable attorney's fee, to be allowed by the court; and, in every such case, service of process upon the agent, or' person in charge of the station to which such freight shall have been shipped, shall be deemed legal and sufficient service on such railroad corporation. , Sec. io. (Commissioner's Report.) The Railroad Commissioner shall, on or before the first day of December of each year, make a report to the Governor of his doings for the preceding year ending June 30, containing such facts, statements and explanations as will disclose the work- ing of the system of railroad transportation in this State, and its relation to the general business and prosperity of the State, and such suggestions and recommendations in regard thereto as may to him seem appropriate. Sec. II. (Report of Railroads — Penalty.) To enable said Commissioner to make such report, the president, or other chief officer of each railroad corporation doing busi- ness in this State, shall annually make to said Commissioner, between the first day of August and the first day of Sep- tember, such returns, in form and manner as said Commis- sioner may prescribe, as will afford the information required in his said official report. Said returns shall be verified by the oath of the officer making the same, and every such officer who shall wilfully neglect, or refuse to make such report by the first day of September, shall be liable to a penalty of one hundred dollars for each and every day after the first day of September that such returns shall be wil- fully delayed or refused. And if any such officer shall make a report that is manifestly vague, indefinite, or evasive, he shall be liable to a like penalty ; Provided, Actions for the collection of any penalty in this section prescribed shall be brought within sixty days after the time herein fixed for filing such report. 638 RAILEOAB commissioner's REPORT. Sec. 12. (Power to Call and Examine Witnesses.) The said Commissioner shall have the power, in the discharge of the duties of his office, to examine, under oath or other- wise, any officer, director, agent or employe of any such corporation ; he.- is empowered to issue any subpoena requiring the appearance of witnesses, and the production of any books and papers, and administer oaths with like effect as is done in courts of law in'this State. Any person who shall wilfully obstruct said Commissioner in the per- formance of his duties, or who shall wilfully neglect, or refuse, to appear in answer to any subpoena, or who shall refuse to give any information within his possession that may be required, or demanded, by said Commissioner, within the line of his duties, or who shall refuse to observe and obey any of the written orders of said Commissioner, as provided for in this act, shall be guilty of a misdemeanor, and shall be punished, on conviction thereof, by a fine of not less than twenty dollars, nor exceeding one thousand dollars, or by imprisonment in the county jail for a period of not less than ten days, nor more than three months, or by both such fine and imprisonment, in the discretion of the court. Sec. 13. (Expenses and Salaries.) The expenses here- inbefore provided for, and salary of said Comrnissioner, shall be paid quarterly, from the State Treasury. Sec. 14. (Suits.) It shall be the duty of the Governor, on the request of said Commissioner, to direct the district attorney of the proper district, or the Attorney General of the State, to institute and prosecute any and all suits and prosecutions for a violation of this act, or any law of this State, concerning railroads, or railroad corporations, except pirivate actions. Sec. 15. (In name of People — Qui Tarn) All suits and prosecutions, except private actions, for a violation of any provision of this act, shall be in the name of The People of the State of Colorado, and all moneys arising therefrom shall be paid into the State Treasury by the sheriff, or other officer, collecting the same, and there shall be allowed, as attorney's fees for prosecuting the same, to be paid out of the money so collected, ten per cent, of each such sum, respectively, but no penalty shall thereby be increased; APPENDIX. 639 Provided, This act shall not be construed so as to prevent any person from prosecuting any qui tarn action authorized by law, or from receiving such part of the amount recovered in such action as is or may be provided under any law of this State. Sec. 1 6. (Complaint of County Commissioners.) It shall be the duty of the Railroad Commissioner, upon the written complaint and application of the board of county commissioners, or of twenty-five citizens of any county, setting forth therein the reasons therefor, and the relief sought, to make an examination of the rate of passenger fare, or freight tariff, charged by any railroad company, or of the condition, or operation, of any railroad between any points stated in the complaint, or request, aforesaid. Before making such examination, the said Commissioner shall give to the petitioners and to the railroad company, reasonable notice, in writing, of the time and place of the intended examination, and an opportunity to be heard, and upon such examination, it shall be the duty of said Railroad Commissioner to find and report to the petitioner and the railroad company involved, upon any matters suggested in the complaint, and shall also report upon the petition to the Governor, as provided in section ten of this act. The reasonable expenses of any such examination, to be allowed by the Commissioner, shall be paid by the county, or citi- zens, as the case may be, on whose behalf the examination . is made, in all cases where the prayer of the petition is denied, otherwise the same shall be paid by the railroad corporation. And in case the complaint shall be made by twenty-five citizens, they shall, upon the request of the Rail- road Commissioner, give security for the costs before such hearing shall be ordered. Sec. 17. (Accidents.) Upon the occurrence of any serious accidents upon [any] railroad, which shall result in bodily harm, or loss of life, to either passenger, employe, or other person, the corporation operating the road upon which the accident occurred shall give immediate notice thereof to the Railroad Comniissioner, whose duty it shall be, if he deem it necessary, to investigate the same, and to promptly report to the Governor the extent of the personal injury or loss of life, and whether the same was the result of mis- management or neglect of the corporation that operated the 640 RAILROAD commissioner's REPORT. line on which the injury or loss of life occurred; Provided, That such report shall not be used as evidence, or referred to, in any case in any court. Sec. 1 8. (Commissioner to Pass.) The Railroad Com- missioner shall have the right to pass free of charge, in the performance of his duties, on all trains, on all railroads in the State, and to take with him, free of charge, any employed attorneys, experts, witnesses, or other persons in his official service and actually needed by him in the dis- charge of his official duties. Sec. 19. (Railroad and Corporation Defined.) In the construction of this act the phrase *railroad " shall be con- strued to include all railroads and railways operated by steam, except cable street railroads in cities or towns, whether the same shall be operated by the "corporation" owning such railroad, or by any other corporation or corporations, or otherwise. The phrase "railroad corporation" and "rail- road company" shall be construed to mean thp corporation, company, or individual, whether owner, trustee, receiver, or Otherwise, that maintains or operates a railroad operated by steam power. Sec. 20. (Style.) The style of said office shall be " The Railroad Commissioner of Colorado," and he shall be authorized to have a common seal, of which his secretary shall be the custodian; and the impression of such seal upon any instrument purporting to be the act or deed of such Commissioner, shall be prima facie evidence of the execution and delivery of any such instrument. Sec. 21. (Not to Hinder Suit.) Nothing in this act shall 'be construed to stop or hinder any person, firm, or corporation, from bringing and maintaining suit against any railroad company or corporation, for any violation of any of the laws of this State for the government of railroads not otherwise herein provided for. Sec. 22. (Inconsistent Acts Repealed.) All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 23. For the purpose of paying salaries and expenses authorized by this act, there is hereby appro- APPENDIX. ' 641 priated, out of the general fund not otherwise appropriated, the sum of sixteen thousand dollars (| 16,000) for the years 1885 and 1886, or so much thereof as may be necessary. Sec. 24. In the opinion of the General Assembly an emergency exists ; therefore this act shall take effect and' be in force from and after its passage. Approved April 6, i885. GENERAL STATUTES, 1883, AND ACTS OF 1885. ORGANIZATION, POWERS AND DUTIES. 333. WHAT CERTIFICATE SHALL SPECIFY. Sec. 97. (108.) Any number of persons, not less than five, may associate under the provisions of this act, to form a company for the purpose of constructing and operating a railroad. "Their certificate of incorporation shall, in addi- tion to the matter required in the second session [section] of this act, specify as follows : First — The places from and to which it is intended to construct the proposed railway. » Second — The time of the commencement and the period of the continuance of such proposed corporation. Third — The names and places of residence of the several persons forming the association for incorporation. Fourth — In what officers or persons the government of the proposed corporation and the management of its affairs shall be vested. 334. EXISTENCE NOT EXCEED FIFTY YEARS — REN EWALS. Sec. 98. (109.) No such corporation shall be formed to continue more than fifty years, in the first instance, but such corporation may be renewed from time to time, in such manner as may be provided by law, for periods not longer than fifty years. 335. MAJORITY OF STOCK FIX INTEREST AND LOANS. Sec. 99. (no.) At all general meetings of the stock- holders, those holding a majority in the value of the stock 642 EAILKOAB commissioner's EEPORT. of any such corporation may fix the rates of interest which shall be paid by the corporation for loans for the construc- tion of such railway, and its appendages, and the amount of such loans. 336. POWERS OF CORPORATIONS. Sec. igo. (m.) Every such corporation, formed under this act, shall, in addition to the powers hereinbefore con- ferred, have pov^er : First — To lay out its road, not exceeding two hundred feet in width, and to construct the same; and for the pur- pose of cuttings and embankments to take as much more land as may be necessary for the proper construction and security of the railway; and to cut down any standing trees that may be in danger of falling or obstructing the railway, making proper compensation therefor. Second — To cross, intersect or connect its railways with any other railway. Third — To connect at the State line with railroads of other states and territories. Fourth — To receive and convey persons and property on its railway. Fifth — To erect and maintain all necessary and conven- ient buildings, and stations, fixtures and machinery for the convenience, accommodation and use of passengers, freights and business interests, or which may be necessary for the construction or operation of said railway. Sixth — To regulate the time and manner in which pas- sengers and property shall be transported, and the compen- sation to be paid therefor. ' Seventh — From time to time borrow suqh sums of money as may be necessary for completing, finishing [fur- nishing], improving or operating any such railroad, and to issue and dispose of its bonds, for any amount so borrowed, and to mortgage its corporate property and franchise to secure the payment of any debt contracted by such corpo- ration, for the purposes aforesaid, in such manner as the shareholders representing a majority of the stock of any such corporation may direct. APPENDIX. 643 337. MUST BEGIN CONSTRUCTION IN TWO YEARS-SPEND TWENTY PER CENT. IN FIVE YEARS. Sec. ioi. (113.) If any railway corporation, organized under this act, shall not, within two years after its articles of association shall be filed and recorded, as provided in the second section of this act, begin the construction of its road, and expend thereon twenty per cent, of the amount of its capital within five years after the date of its organization, it^ corporate existence and power shall cease. 333. MAY CONDEMN RIGHT OF WAY— OTHER PURPOSES. Sec. 102. (114.) If any corporation formed under this act for the purpose of constructing a road, ditch, bridge, ferry, tunnel, telegraph or railroad company, shall be unable to agree with the owner for the purchase of any real estate required for the purposes of 'any such corporation or com- pany, or the transaction of the business of the same, or for right of way, or any otl;ier lawful purpose, connected with, or necessary to, the operations of such company, such cor- porations may acquire such title in the manner provided by law. 339. MAY ENTER ON LANDS TO SURVEY— LI ABI LITY. Sec. 103. (115.) Any corporation formed under the provisions of this act, for the purpose of constructing a road, ditch, tunnel, or railroad, may cause such examination and survey as may be necessary to the selection of the most advantageous route, and for such purpose, by its officers, agents, or servants, may enter upon the lands of any per- son or corporation, but subject to liability for all actual damages which shall be occasioned thereby. 340. FICTITIOUS STOCKS AND BONDS— VOID. Sec. 104.(116.) No corporation shall issue stock or bonds except for labor done, services performed, or money or property actually received, and all fictitious increase of stock or indebtedness shall be void. 341. DISSOLUTION— TRUSTEES— DEBTS-RESIDUE DISTRIBU- TION—LIABILITY. Sec. 105. (117.) Upon the dissolution by expiration of its charter or otherwise of any corporation now existing or which may hereafter be formed, unless some other person 644 RAILEOAD commissioner's REPORT. or persons be appointed by some court of eompetent juris- diction, the board of directors or trustees of such corpora- tion or the managers of the corporate affairs, by whatever name known, acting last before the time of their dissolution, and the survivors of them, shall be the trustees of the cred- itors and stockholders of the corporation dissolved, and ' shall have full power to settle the affairs of the same; to sue for and collect the debts and moneys due to the cor- poration, or to compound and settle any claims thereof, as they may deem best; to have, hold, reserve, sell and dis- pose of property, real and personal, of any such corpora- tion dissolved; to adjust and pay all the debts of the cor- poration dissolved; to divide the residue of the moneys and property belonging to the corporation dissolved, after payment of debts and the necessary and reasonable expenses, among the stockholders holding stock in such corporation, in proportion to the amount paid upon stock of each stockholder. All such trustees phall be jointly and severally liable to the creditors and stockholder[s] of such corporation dissolved, to the extent of the property and effects which shall come into their hands or possession of any of them, for a proper and faithful discharge of the duties of said trust and disposal of said property and effects. ^ Q 342. TITLE TO REALTY-PERSON ALTY— ACTION. Sec. io6'. (ii8.) The title to all real and personal estate belonging to any such corporation shall, immedi- ately upon the dissolution thereof, unless by a decree of court of competent jurisdiction, declaring such dissolution, it is otherwise ordered, pas^ to, and rest in such trustees, directors or managers, and an action at law may be main- tained by such trustees, or directors, or the survivors of them, in their own names by the style of the trustees of such corporation dissolved naming it, for the recovery of all such property, or of any damage done to the same, or fpr the recovery of any debts due such corporation dis- solved. 343. MAY SUE THEIR MEMBERS. Sec. 107. (119.) All bodies corporate, by the appro- priate action, may sue for, recover and receive from their respective members all arrears or other debts, dues and APPENDIX. 646 other demands which are now or hereafter may be owing to them in hke mode, manner and form, as they might sue for, recover and receive the same from any person who might not be one of their body, any law, usage or custom to the contrary thereof notwithstanding; 344. MAY CONVEY LANDS-MODE. Sec. io8. (120.) It shall be lawful for any corporation to convey land by deed, sealed with the comrnon seal of said corporation, and signed by the president or the presiding member of said corporation ; and such deed when acknowl- edged by such officer to be the act of t]|e corporation pre- scribed for other conveyances for lands, shall be recorded in the recorder's office of the county where the land lies, in like manner with other deeds. 345. SHALL NOT BE FORMED UNDER OTHER ACT. ^ Sec. 109. (121.) No corporation, association or society, for any purpose authorized by this act, shall be formed under any other act. 346. CHANGE OF NAME— OF BUSINESS-OF AMOUNT OF STOCK — CONSOLIDATION — PROCEEDINGS — ONLY OF SAME KIND. Sec. 1 10. (122.) That whenever the Board of Direct- ors, managers, or trustees of any corporation' existing by virtue of any general law of the territory of Colorado, or the laws of this State, or any corporation hereafter organ- ized by virtue of any law of this State, may -desire to change the name, to change the place of business, to' in- crease or>decrease the capital stock, to increase or decrease the number of directors, managers or trustees, or to consol- idate said corporation with any other corporation or cor- porations now existing, or which may hereafter be organ- ized, they may call a special meeting of the .stockholders of such corporation, for the purpose of submitting to a vote of the stockholders the question of such change of name, change of place of business, increase or decrease of num- ber of directors, managers or trustees, increase or decrease of capital stock, or consolidation with some other corpora- tion, as the case may be; Provided, That in changing the name of any corpration, under the provisions hereof, no name shall be assumed or adopted by any corporation sim- ilar to, or -liable to be mistaken for, the name of any other 646 BAILEOAD commissioner's REPORT. corporation, organized under the laws of this State, 6r of the laws of the territory of Colorado, and that in no case shall the capital stock be diminished to the prejudice of the creditors of such corporation, or the number of dkectors, managers or trustees be reduced to less than three, (except in the cases of incorporation for the purpose of construc- tion of railroad, to not less than five,) or' increased to more than thirteen; And provided further, That the provisions of this act, in reference to the consolidation of corporations, shall only apply to corporations of the same kind, engaged in the same general business, and carrying on their busi- ness in the sam^ vicinity. 347. CALLING MEETING-NOTICE. Sec. III. (i23.)^Such special meeting shall be called by delivering personally, or depositing in the postoffice, at least thirty days before the time fixed for such meeting, a notice properly addressed to each stockholder, signed by the president or secretary, stating the time or object of such meeting. 348. VOTING-TWO-THIRDS STOCK. Sec. ii2. (124.) At any such meeting stockholders may vote in person or by proxy, each stockholder being entitled to one vote for each share of stock held by him ; and votes representing two-thirds of all the stock of the corporation shall be necessary for the adoption of the pro- posed change of name or place of business, number of directors or trustees,, amount of capital stock, or consolida- tion with some other company or companies. ' 349. CONSOLIDATION — PROCEEDINGS — CERTIFICATE— REC- ORD, ETC.— DETAILS. Sec. 113. (125.) Any corporation, existing for any of the purposes enumerated in this act, may consolidate by uniting the properties and concerns of two or more corpor- ations in one organization, having all the^ rights and privi- leges of this act, and amenable to all its liabilities, by com- plying with all the requirements herein provided, to wit: Each corporation desiring to consolidate, each with the other, may, by its trustees or directors, or by the stockhold- ers representing a majority of the stock, call a meeting of the stockholders, as provided in section ninety-five of this APPENDIX. 64'r act, and vote upon the proposition of consolidation that shall be presented in writing, at such meeting, when, if by a vote of at least three-fourths (3^) of the stock of each company severally, the proposition shall be approved, the trustees or directors shall thereupon elect their proportion of the directors, less one, that are to manage the affairs of the consolidated company, and upon the joint meeting of the directors so elected, the said directors shall elect one of the stockholders to be a director and act with them, and they jointly shall constitute a board of directors, who shall organize by electing their officers in accordance with law. They shall prepare a certificate of incorporation setting forth the facts of consolidation, together with all other mat- ters required in original certificates of incorporation, nam- ing therein the directors elected as herein provided, who shall serve for one year, and until their successors are elected; and the said certificate of incorporation shall be signed and acknowledged by at least three of the stock- holders of each of the consolidating companies. The cer- tificate so signed and acknowledged shall be filed for record in the office of the Secretary of State, and in each of the offices of the county recorders where the certificate of either, of the companies so consolidated are lon file. The trustees or directors of the consolidating companies shall, each by proper conveyance, convey to the consolidated company the property and effects of such companies, and shall -deposit with the directors of the consolidated com- pany all the transfer books, seals, books and papers of each of the companies so uniting. The directors of the consol- idated corporation shall call in all the stock of each of the companies forming a part of the consolidation, cancel the same, and issue in lieu thereof the stock of the new organ- ization in proportion of value of the old to the new, as provided in the plan of consolidation; Provided, No stock shall be issued in lieu of old stock except upon the presen- tation of the old stock or due proof of the loss or destruc- tion of the old certificates of stock, and then only to the parties entitled thereto. When the companies have consoli-, dated as herein provided, the stock of the companies so .consolidated shall thereafter represent only its interest in the new organization, whether surrendered and exchanged or not, and shall be subject to all the liabilities of assess- ment and forfeiture that may pertain to the stock of the 648 EAILEOAD COHrjriSSIONEE's EBPOKT. consolidated company, and the consolidated company shall be resppnsible for and shall assume and pay all the just lia- bilities of each of the companies so consolidated ; and any corporation desiring to change its name, place of business, number of directors or trustees, or amount of capital stock, shall submit the question at an annual meeting, or a special meeting called for that purpose, in accordance with the pro- visions of section 95 of this act. If, at any such meeting, three-fourths of all the stock of such corporation shall vote in favor of the proposed change, or changes, a certificate setting forth the fact, or facts, verified by the affidavit of the president of said corporation, and having the seal of the corporation affixed, shall be filed for record with the Secretary of State and the recorder of the county where the principal business office of said corporation is located. 350. PUBLICATION OF CHANGE OF ORGANIZATION. Sec. 114. (126.) Such corporation, shall, upon the fil- ing of said certificates, cause to be published in some news- paper, in or nearest the county in which their principal office is located, a notice of such changes of organization, for three successive weeks. I 351. NOT AFFECT PENDING SUITS. Sec. 115. (127.) Such change of name, place of busi- ness, increase or decrease of capital stock, increase or decrease of number of directors, managers or trusses, or consolidation of one corporation with another or with others, shall not affect suits pending in which such corpor- ation or- corporation^ shall be parties; nor shall such change affect causes of action, nor the rights of persons in any particular; nor shall suits brought against such corpora- tion by its former name be abated. 352. CONSOLIDATION— NOTICE— RESTRICTION. Sec. 116. (128.) Whenever any railroad or telegraph company shall desire to consolidate with any other railroad or telegraph corporation, by virtue of the provisions of this act, a notice, as provided by section one hundred and twenty-three (123) of this act, shall be given at least thirty days before the time fixed for such meeting, and a general notice, as provided in section one hundred and twenty-three (123) shall be published for four successive weeks, provided APPENDIX. 649 that no railroad or telegraph company, or the lessees or managers thereof, shall consolidate its stock, property or franchise, with any other railroad or telegraph company or companies having under its or their control a parallel or competing line of railroad or telegraph. 353 WHAT MAY COIMSOLI DATE— DOM EST[C NOT WITH FOR- EIGN EXCEPT-PARALLEL AND COMPETING. Sec. 117. (i.) It shall and may be lawful for any rail- road company, or corporation, organized or existing under the laws of this State, and whose line of road is made or is in process of construction lo the boundary line of the State, or to any point either in or out of the State, under authority of its laws, to merge and consolidate its capital stock, franchises and property into and with the capital stock, franchises and property of any other railroad com- pany or companies, or corporations, organized and existing under the laws of any adjoining State, or Territory, when- ever the two or more railroads of the companies or cor- porations so to be consolidated shall or may form a con- tinuous line of railroad with each other or by means of any intervening' railroad; and roads running to the bank of a river which is not bridged, shall be held, to be continuous under this section ; Provided, That nothing in this act con- tained shall be taken to authorize the consolidation of any company, or corporation of this State with that of any other State or Territory, unless the laws of such other State or Territory permit or authorize such consolidation ; Provided, further, That parallel or competing lines' of rail- road shall not be consolidated. 354. CONDITIONS, PROVISIONS AND RESTRICTIONS UNDER WHICH MAY CONSOLIDATE. Sec. 118. (2.) Said consolidation shall be made under the conditions, provisions, restrictions, and with the powers hereafter in this act mentioned and contained, that is to say: I. The directors of the several corporations pro- posing to consolidate may enter into a joint agreement, under the corporate seal of each company, for the consoli- dation of said companies aad railroads, and prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new corporation, the 83 650 RAILROAD commissioner's REPORT. number and names of .the directors and other officers thereof, and who shall be the first directors and officers,' and their places of residence, the number of shares of the capital stock, the principal place of business of the new company in each State or Territory traversed by its line of railway, and such other provisrons as may be required by law to be inserted in an original certificate of incorporation, the manner of converting the capital stock of each of said companies into that of the new corporation, and how and when directors and officers shall be chosen, with such other details as, they shall deem necessary to perfect such new organization, and the consolidation of said companies or railroads.' 2. Said agreement shall be submitted to the stock- holders of each of the said companies" or corporations, at a meeting thereof, called separately, for the purpose oif taking the same into consideration ; due notice of the time and place of holding such meeting, and the object thereof, shall be given by written • or printed notices, addressed to each of the^ persons in whose names the capital stock of said companies stands on the books thereof, and delivered to such persons respectively, or sent to them by mail, when their postoffice address is known to the company, and also by a general notice published in some newspaper in the city, town or county where such company had its principal office or place of business ; and at the said meeting of stockholders, the agreement of the said directors shall be considered, and a vote by ballot taken for the adoption or rejection of the same, each share entitling the holder thereof to one vote ; and said ballots shall be cast in per- son or by proxy, and if a majority of all the votes of all the stockholders shall be for the adoption of said agreement, then that fact shall be certified thereon by the secretary of the respective companies, under the seal thereof; and the agreement so adopted, or a certified copy thereof, shall be filed in the office of the Secretary of State, and shall, from thence, be deemed and taken to be the agreement and act of consolidation of the said companies; and a copy of said agreement and act of consolidation, duly certified by the Secretary of State, under the seal thereof, shall be evi- dence of the existence of said new corporation ; Provided, That if the mode of ratifying said agreement of consolida- tion in such other State or Territory shall vary from the APPENDIX. 651 mode herein prescribed, then such agreement may be rati- fied by the railroad company or corporation of such other State or Territory in the mode prescribed by the laws thereof. 355. CONSOLIDATION DEEMED ONE CORPORATION. Sec. iig. (3). Upon the making and perfecting the agreement and act of consoHdation, as provided in the pre- ceding sections, and filing the same or a copy with the Sec- retary of State as aforesaid, the several corporations, parties thereto, shall be deemed and taken -to be one corporation by the name provided in said agreement and act, possessing within this State all the rights, privileges and franchises, and subject to all the restrictions, disabilities and duties of each of such corporations so consolidated. 356. PROPERTY OF EACH TRANSFERRED TO CONSOLIDA- TION. Sec. 120. (4.) Upon the consummat-fon of said act of consolidation, as aforesaid, all and singular the rights, priv- ileges and franchises of each of said corporations, parties to the same, and all the property, real, personal and mixed, and all debts due on whatever account, as well as of stock sub- scriptions and other things in action, belonging to each of such corporations, shall be taken and deemed to be trans- ferred to and vested in such new corporation without further act or deed ; and all property, all rights of way, and all and every other interest shall be as effectually the property of the new corporation as they were of the former corpora- tions, parties by said agreement; and the title to real estate, either by deed or otherwise, under the laws of this State [or] of the United States, vested in either of such corpora- tions, shall not be deemed to revert, or be in any way im- paired by reason of this act, nor shall the lien, operation or effect of any trust deed, or mortgage heretofore executed by any of the corporations so consolidating be in anywise divested, impaired or affected; and the new corporation shall have the right to execute any future trust deed or mortgage upon its property, as shall be provided in the agreement of consolidation, not inconsistent with the laws of this State, and all debts, liabilities and duties of either of said companies shall thenceforth attach to said new cor- poration, and be enforced against it, to the same extent as if said debts, liabilities and duties had been incurred or contracted by it. 652 RAILROAD commissioner's REPORT. 357. OFFICES— ONE IN THIS STATE— MAY CHANGE. Sec. 121.(5.) Such new company shall as soon as con- venient after such consolidation, establish such offices as may be desired, one of. which shall be at some point in this State, on the line of its road; and may change the same to any other point in this State at pleasure, giving public notice thereof in some newspaper published in this State. 358. WITH FOREIGN COMPANY NOT MAKE A FOREIGN CORPORATION. Sec. 122.(6.) If any railroad company organized under the laws of this State shall consolidate with any railroad company organized under the laws of any other state or of the United States, the same shall not therefore become a foreign corporation, but the courts of this State shall retain jurisdiction in all cases which may arise, as if said consoli- I dation had not taken place. 359. TAXATION. Sec. 123.(7.) That portion of the road of such consol- idated company in this State and all its real estate and other property, shall be subject to like taxation and assessed in the same manrier and with like effect as property of other railroad companies within this State. 360. LEASING RAILROADS-JURISDICTION. Sec. 124. (i.) Any railroad company organized or ex- isting under the laws of this State, or under the laws ofj an adjoining state or territory, may lease any part or all of a railroad constructed by another company in or without this State, if the lines of roads of such companies are continu- ous and connected, and not competing or parallel, upon such terms and conditions as may be agreed upon between the companies, subject always to the existing laws of this State on the subject of corporations ; but such lease shall not be deemed to exclude the jurisdiction of this State over the control or regulation of such leased railroad. 361. STOCKHOLDER'S VOTE-NOTICE. Sec. 125. (2.) No such lease shall be perfected until a meeting of the stockholders of each of the companies has been called for that purpose, on thirty days' notice to each stockholder, and in such manner as is provided for the APPENDIX. 653 annual stockholders' meetings, and the holders of at least two thirds of the stock of each company, in person or by proxy, of such meeting assent thereto. 362. CLASSIFYING DIRECTORS-ONE, TWO, THREE YEARS- ELECTION. Sec. 126.(129.) At any meeting 6f the stockholders of any railroad corporation heretofore or hereafter formed under the laws of the territory of Colorado, or of this State, for the election of directors, managers or trustees, the stock-- holders may classify the directors in three equal classes, as near as may be, one of which classes shall hold their office for one year, one for two years, and one for three years, and until their successors are respectively elected, and at all subsequent elections, in the event 'such classification shall be made, directors shall be elected for three years to fill the places madJ^racant by the class whose term of office shall expire at that time. 363. AMENDMENT OF ARTICLES — CERTI FICATE - TWO- THIRDS VOTE. Sec. 127.(112.) It shall be competent for any railroad or telegraph company, or corporation, upon a vote in per- son or by proxy of twQ-thirds in value of its stockholders, at any meeting thereof, to alter and amend its articles of association, so as to change its termini, or so as to extend the length of the line thereof from either of its termini to such further and other point as they may determine, or for the purpose of constructing branches from its main line, and upon such vote the said company may make articles amend- atory of their original articles for the purpose of extending or changing th^ line of its road, . or for constructing branches from its main line, as aforesaid; and whenever any such company or corporation shall, by a vote of two-thirds in value of its stockholders, so determine to amend or alter their articles of association, and shall certify to such amend- ments or alterations, made as aforesaid, under the corperate seal of such company or corporation, attested by its presi- dent and secretary, and shall file such certificate in the office of the Secretary of State, and also in the office of the recorder of deeds in the county wherein the principal busi- ness of such company may be carried on, such amendment, amendments or alterations shall have the same force and 654 KAILROAD commissioner's REPORT. effect as though said amendment or alteration had been included in and made a part of and embraced in its original articles of association. 364. HOW COMPANIES MAY COME UNDER THIS ACT- Sec. 128. (130.) Any corporation, company or body politic herefore formed or organized and existing'under any special act of the legislative assembly of the territory of Colorado, or under any of the general .laws thereof, may come under and avail themselves of the privileges and pro- visions of this act, whenever any such company, corpora- tion, or body politic shall file in the office of the Secretary of State, and in the office of the recorder of deeds in the county or counties where such company, corporation, or body politic i^ doing business, a certificate in writing, signed by the president and attested by the secretary of such com- pany, comporation or body politic, accepting tMfe provisions of this act, and the questions of acceptance shall be adopted by a vote of two-thirds of all the stockholders of said com- pany, corporation or body politic, expressed at a regular meeting of such company, corporation or body politic, or at a meeting held for that purpose, which certificate shall express such vote. 365. GENERAL ASSEMBLY MAY ALTER, AMEND OR REPEAL. Sec. 129. (131.) The General Assembly may, at any time, alter, amend, or repeal this act, and shall at all' times have power to prescribe such regulations and provisions as it rnay deem advisable, which regulations and provision? shall be binding on any and all corporations formed under the provisions of this act ; And provided further. That this act shall not be held to revive or extend any private charter or law, heretofore granted or assessed concerning any cor- poration. 366. PRIOR CORPORATIONS CON Fl RM ED — M UST COMPLY WITH CERTAIN TERMS OF THIS ACT. Sec. 130. (132.) The provisions of this act shall not in any manner impair the rights or lessen the liabilities of cor- porations now in existence and heretofore created under t^he laws of the Territory of Colorado; but such corporations are hereby recognized, and their incorporation confirmed ; but nothing in this section shall be so construed as to relieve such corporations from hereafter complying with the pro- APPENDIX. 655 visions of this act, in all matters relating to the conduct, control and management of any such corporation, or any of the affairs of such corporation. FEE FOR CERTIFICATE OF ORGANIZATION. AN ACT To amend Chapter Nineteen of the General Laws of Colorado^ • entitled ''An Act to provide for the formation of corporations." Be it enacted by the General Assembly of the State of Colorado : Section i. That from and after the passage of this act, all corporations, either domestic or foreign, organized for pecuniary gain, under any of the provisions of chapter 19 of the General Laws of the State of Colorado, shall pay to the Secretary of State, upon the issuing of the cer- tificate, as provided in said chapter, the sum of ten dollars; Provided, The par value of the capital stock shall not exceed one hundred thousand dollars; but in case the capi- tal stock of said corporation shall be in excess of said one hundred thousand dollars, the Secretary of State shall col- lect the further sum of ten cents on each and every thou- sand dollars of such excess. Sec. 2. All acts, or parts bf acts, in conflict with any of the provisions of this act, are hereby repealed. Approved April 10, 1885. REORGANIZATION. AN ACT To amend chapter nineteen of the General Statutes, entitled ''An Act to provide for the formation of corporations." Be it enacted by the General Assembly of the State of Colorado : Section i. Whenever the railroads, telegraph lines, property and franchises of any railroad company, organized and existing under the laws of this State, shall be sold and conveyed under or by virtue of any power contained in any trust deed or mortgage, or pursuant to the judgment 656 RAILROAD commissioner's REPORT. or decree of any court or competent jurisdiction, it shall be lawful to organize a railroad company under the laws of this State, for the purpose of purchasing, maintaining, operating, extending or completing the railroads and tele- graph lines so sold and conveyed. Sec. 2. The railroad company so organized shall have power and authority to acquire and purchase the property and franchises so sold and conveyed, and to take, hold, exercise and enjoy all the estate, franchises, rights, powers and privileges, claim or demand in law or equity of the corporation whose property and franchises have been so sold and conveyed, and in payment of the price therefor, such railroad company may issue its capital stqck and bonds, and may mortgage its property and franchises with such classification of capital stock and bonds as may be agreed upon by and between such railroad company and the parties beneficially interested, or, who may have the ownership and control of such property and franchises. Approved April 7, 1885. ASSESSMENTS. 2847. The property of corporations or companies con- structing canals, ditches, flumes, plank roads, gravel roads, turnpike roads and similar improvements, shall be assessed to the company or corporation in the respective counties in which said improvement shall be situated; and railroad property shall be assessed as follows : On the first Mon- day in April in each year the State Board of Equaliza- tion shall meet at the executive office, and they shall meet from day to day thereafter until the business of said board, as hereinafter provided, shall be accomplished. The duties of said board shall be to assess all the property in this State belonging to railway corporations, except lots or par- cels of real estate owned by the road within each county, and improvements thereon, and except depots, machine shops, and other improved property connected with such road and located in any county which shall be taxed in the county where situate. The president, vice-president, general superintendent, auditor or other general officer of any corporation operating any railway in this State, APPENDIX. 657 shall furnish said board, on or before the fifteenth day of March in each year, a statement signed and sworn to by one of such officers, showing in detail for the year ending on the thirty-first day of December preceding: First,. The whole number of miles owned, operated or leased in the State by such corporation making the return, and the value thereof per mile, with a detailed statement of all property of every kind and the value locate4 in each county in the State; Second, Also a detailed statement of the number and value thereof of engines, passenger, mail, express, baggage, freight and other cars, or property owned by such rail- way, and on railways which are a part of lines extending beyond the limits of this State; the return shall show the actual proportion of the amount and full cash value of the rolling stock in use on the corporation's line which is necessary for the transportation of the freight and passen- gers, and the operation of the railroad in this State during the year for which the return is made. The return shall also show the amount and value of property herein- after designated in this section, and such further informa- tion shall be furnished as the board may in writing require. If said officers fail to make such statement, said board shall proceed to assess the property of the corporation so failing," and shall add thirty per cent, to the value thereof as ascer- tained and determined by said board. The said property shall be valued at its full cash value, and assessments shall be made upon the entire railway within this State, and shall include the right of way, road bed, bridges, culverts, rolling stock, depots, station grounds, buildings and all other prop- erty, real and personal, exclusively used' in the operation of such railway. In assessing said railway and its equipments, said board shall take into consideration all matters con- nected with said road necessary to enable them to make a just and equitable assessment of said railway property. On or before the fifteenth day of April, in each year, said board shall transmit to the county clerk of each county through which any railway may run, a statement showing the length of the main track of such railway within the county, and the assessed value per mile of the same as fixed by a pro rata distribution per mile of the assessed value of the whole property herein specified; said statement shall be entered on the proper record of the county. At the first 658 EAILEOAD COMMISSIOWEE's EEPOET. meeting of the board of county commissioners held after said statement is received by the county clerk, they shall make, and cause the same to be entered in the proper record, an order stating and declaring the length of the main track and the assessed value of such railway lying in each municipal corporation within their county through which said railway runs, as fixed by the above-named board, which shall constitute the taxable value of said property for taxable purposes; and the county clerk shall transmit a copy of said order to the city council or trustees of such municipal corporation. All such railway property shall be taxable upon said assessment by the same officers and for the same purposes as the property of individuals within such counties and municipal corporations. AN ACT Relating to the taxation of rolling stock, telegraph and telephone lines, and the equalization of same by the State Board of Equal- ization. ' Be it enacted by the General Assembly of the State of Colorado : Section i. It shall be the duty of the president, auditor, general manager, or ^authorized agent of any corporation, owning or operating any telegraph, or telephone line in the State, to make a statement, signed and sworn to by such officer, or agent, and delivered to the State Board of Equal- ization on or before the first day of April of each and every year. Such statement, shall show the whole number of miles of line of telegraph, or telephone wire owned and operated by the company making the statement, in the State of Colorado, during the year ending December 31, preced- ing such statement. Such statement shall show the full value of all property of said corporation in the State, and the full value of said property in each and every county through which said line extends. Sec. 2. It shall the duty of the president, auditor, general manager or authorized agent of any corporation owning or operating any cars, rolling stock, or any prop- erty whatsoever, on any line of railroad in the State of Colorado, to made a statement, signed and sworn to by such officer or agent making the statement, and deposit APPENDIX. 659 same with State Board of Equalization, on or before the first day of April of each and every year. Such statement shall show the whole number of cars and the full value of all property owned or operated by said company within the State. Said statement shall show the actual propor- tionate value per mile that said property bears to the whole number of miles in the State over which said property is used. Sec. 3. The State Board of Equalization shall, at its annual meeting, proceed to assess such property, as is enumerated in section one of this act, as is provided for in section thirty-six, of chapter XCIV., of the General Statutes, entitled " Revenue." Sec. 4. (Emergency clause.) Whereas, in the opinion of this General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved, March 31, 1885. VENDOR'S TITLE TO EQUIPMENT. AN ACT To secure manufacturers and owners of railroad equipment and roll- ing stock in making conditional sales and certain contracts for the lease thereof Be it enacted by thi General Assembly of the State of Colorado : Section i. That in any written contract, of or for the sale of railroad equipment, or rolling stock, deliverable immediately, or subsequently, at stipulated periods, by the terms of which the purchase money, in whole or in part, is to be paid in the future, it may be agreed that the title to the property so sold, or contracted to be sold, shall not pass to, or vest in, the vendee, until the purchase money shall have been fully paid, or that the vendor shall have and retain a lien thereon for the unpaid purchase money, not- withstanding delivery thereof to, and possession by, the vendee, for a term not to exceed ten years in any one con- tract, which term shall be expressed in said contract. 660 RAILROAD commissioner's REPORT. Sec. 2. In any written contract for the leasing, or renting, of railroad equipment, or rolling stock, it shall be lawful to stipulate for a conditional sale thereof at the termination of such lease, and to stipulate that the rentals received may, as paid, or when paid in full, be applied and treated as purchase money, and that the title to such prop- erty shall not vest in such lessee, or vendee, until the purchase money shall have been paid in full, notwithstand- ing delivery to, and possession by, such lessee, or vendee. Sec. 3. Every such contract, specified in sections one and two, shall be good, valid and effectual, both in law and equity, against all purchasers and creditors; Provided, First — The same shall be acknowledged by th^ vendee, or lessee, before some officer authorized by law to take acknowledgment of deeds. Second — Such instrument shall be recorded, or a copy thereof filed, in the office of the Secretary of State, and in the office of the recorder of each of the counties in which the said railroad may be operated in this State. Third — Each locomotive engine, or car, so sold, or contracted to be sold, or leased, as aforesaid, shall have the name of the vendor, or lessor, or the assignee of such vendor, or lessor, plainly placed, or marked on each side thereof, or be otherwise marked so as to indicate the ownership thereof, or that the same is covered by such special contract. Sec. 4. This act shall not be held to invalidate any contract heretofore made, of the character described in the first or second sections. Sec. 5. The acknowledgments of such contracts may be made in the form required as to conveyance of real estate. Sec. 6. That all acts, or parts of acts, in conflict with this act, are hereby repealed. Sec. 7. That, in the opinion of this General Assembly, an emergency exists ; and, therefore, this act shall take effect and be in force fro.m and after its passage. Approved March 31, 1885. APPENDIX. 661 EMINENT DOMAIN. AN ACT To amend an act entitled, "An act to provide for the exercise of the right of eminent domain." Be it enacted by the General Assembly of the State of Colorado : Section i. Section two of an act entitled, "An act to provide for the exercise of the right of eminent domain," approved February 12, 1877, is hereby amended so as to read as follows: ' "Sec. 2." That in all cases where the right to take private property for public or private use without the owner's consent, or the right to construct or maintain any railroad, public road, toll road, ditch, bridge, ferry, telegraph, flume, or other public or private work or improvement, or which may damage property not actually taken, has been heretofore, or shall hereafter be conferred by general laws or special charter, upon, any corporate or municipal authority, public body, officer or agent, person or persons, commissioner or corporation, and the compen- sation to be paid for in respect of the property sought to be appropriated or damaged for the purposes above men- tioned, cannot be agreed upon by the parties interested; or in case the owner of the property is incapable of consent- ing, or his name or residence is unknown, or he is non- resident of the State, it shall be lawful for the party author- ized, to take or damage the property so required, or to construct, operate and maintain any railroad, public road, toll road, ditch, bridge, ferry, telegraph, flume, or other public or private work or improvement, to apply to the judge of the district or county court, either in term time or vacation, where the said property or any part thereof is situate, by filing with the clerk a petition, setting forth by reference his or their authority in the premises; the pur- pose for which said property is sought to be taken or dam- aged; a description of the property; the names of all persons interested therein as owners or otherwise, as appear- ing of record, if known, or if not known, stating that fact and praying such judge to cause the compensation to be paid to the owner to be assessed; if the proceedings seek to effect the property of persons under guardianship, the guardians or conservators of persons having conservators, shall be made parties defendant, and if of married wcimen. 662 RAILROAD commissioner's REPORT. their husbands shall also be made parties; persons inte ested, whose names are unknown, may be made parti defendant by the description of the unknown owners; b in all such cases an affidavit shall be filed by of on beh; of the petitioner, setting forth that the names. of such pe sons are unknown. In cases where the property is soug to be taken or damaged by the State for the purpose establishing, operating or maintaining any State house, charitable or other State institution or improvement, tl petition shall be signed by the Governor, or such oth person as he shall direct, or ks shall be provided by la Under the provisions of this act, private property may 1 taken for private use, for private ways of necessity, for re ervoirs, drains, .flumes or ditches, on or across the lands others for agricultural, mining, milling, domestic or sanitai p\irposes. The amendment of said act shall not be co strued to affect any right, either as to remedy or otherwis nor to abate any suit or action or proceeding existing, insi tuted or pending under the act so hereby amended. Approved April 7, 1885. POWERS OF CITIES AND TOWNS. Sec. 3,312. The city council and board of trustees towns, shall have the following powers : To regulate the speed of * * * * cars and loc motives within the limits of the corporation ; to license, re ulate and control the laying of railroad tracks, to provi( for and change the location, grade and crossihg of any ra road, and to control, regulate and prohibit the use of stea engines and locomotives propelled by steam power with the corporate limits; to require railroad companies to fen their respective railroads, or any portion of the same, ai to construct cattle guards at crossings of streets and publ roads, and keep the same in repair within the limits of tl corporation; to require railroad companies to keep flagmi at railroad crossings of streets, and provide protectic againsfinjury to persons and property in the use of su( railroads; to compel such railroads to raise or lower the railroad tracks to conform to any grade which may at ai time be established by such city or town, and when sui APPENDIX. 668 tracks run lengthwise of any street, alley or highway, to keep their tracks on a level with the street surface, and so that such tracks may be crossed at any place on such street, alley or highway; to compel and require railroad companies to make and keep open, and keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks, so that filthy or stagnant pools of water cannot stand on their grounds or right of way, and so that the natural drainage of adjacent property shall not be impeded. AN ACT To amend an Act entitled "An Act to provide for the formation of corporations,." approved March 14, 1877, being chapter nineteen (xix.) of the General Laws. , Be it enacted by the General Assembly of the State of Colorado : Section i. That section twenty-nine (29) of said act, being section two hundred and nineteen (219) of the Gen- eral Laws be> and the same is hereby amended to read as follows: Sec. 29. Nothing in this act contained shall be construed to allow the construction of any street or other railroad, or other structure or sub-structure, for any purpose on, below or elevated above the surface of the ground of any street or alley within the limits of any such city or town, by any corporation, person or persons whomsoever, without the, consent of the local authorities of such city or town ; but no such consent, however enacted or expressed, on any consideration whatever shall operate to relieve or pi-otect any person, persons, or corporation or corpora- tions constructing any such street or other railroad, or structure or sub-structure, as aforesaid, against any claim for damages to private property, which otherwise, without such consent, might be lawfully maintained against such person or persons, corporation or corporations. Approved March 25, 1885. SERVICE OF PROCESS IN COURTS OF RECORD. Sec. 40. (37.) * * * * jf the guj^ ^g brought against a corporation, service shall be made by delivering a copy of the summons to the president, or other head of 664 RAILROAD commissioner's REPORT. the corporation, or to the secretary, cashier, treasurer, or general agent thereof; but if no such ofificer of the corpora- tion can be found in. the county, service may be had on any stockholder of such corporation. If the suit be against a foreign corporation, or a non-resident joint stock company or association, doing business within this State, service shall be made by delivering a copy of the writ to an agent, cashier or secretary thereof; in the absence of such agent, cashier, treasurer or secretary, to any stockholder. * * * SERVICE OF PROCESS IN JUSTICE'S COURTS. Sec. 1,936. * * * * jn case the defendant is a corporation, by reading the same and delivering a'" copy thereof [summons] to some ofificer, agent or clerk of such corporation. * * * * VEmnCATION OF PLEADING BY. Sec. 66. (2.) * * * * When a corporation is a party, the verification may be made by any ofificer, stock- holder, agent, superintendent, or attorney thereof, and shall state that the facts stated in the pleadings are true, to the best knowledge and belief of such affiant. * * * * LIABILITY TO GARNISHMENT. Sec. 104. (u.) Upon receiving information in writing from the plaintiff or his attorney, that any person has in his possession, or under his control, any credits or other personal property belonging to the defendant, or is owing any debt, to the defendant, the sherifif shall serve upon such person a notice that such credits or other property or debts as the case may be, are attached in pursuance of the writ of atlachnrierit issued in said cause, and every municipal or other corporation, or quasi corporation, sherifif, or other public officer or trustee shall be liable to garnishment under the provisions of this chapter. LEVY AND SALE OF STOCK UNDER EXECUTION. ISTJ. RIGHTS AND SHARES OF STOCK LEVIED ON. That rights and shares of stock in any corporated com- pany owned or held by any defendant in execution, or by APPENDIX. 665 any person in trust for or to the use of any defendant in execution, may be levied upon under any execution or writ of attachment, and may be sold under any execution, in the manner hereinafter provided. 1878. SHARES OF STOCK— DUTY OF PRESIDENT, ETC., TO CERtlFY. When any execution or writ of attachment shall be issued against any person being the owner of any shares or stock in any incorporated company, or for whom or to whose use any shares or stock in any incorporated com- pany are held by any person other than such defendant, it shall be the duty of the president, cashier, secretary or chief clerk of such incorporated company, upon the request of the officer having such execution or writ of attachment, to furnish him a certificate under his hand, stating the number of rights or shares v/hich the defendant holds, or which are held in trust for such defendant, or to His use, in the stock of such incorporated company. 1879. LEVYING ON SHARES BY COPY OF WRIT LEFT WITH COMPANY OFFICERS. Any officer, upon obtaining information in the manner provided in the last section, or otherwise, that a defendant in any execution or writ of attachment held by him, owns or hold any rights or shares in the stock of any incorpor- ated company, or that such rights or shares are owned or held by any other person in trust for, or to the use of such defendant, may make a levy of such execution or writ of attachment on such rights or shares, by leaving a true copy of such writ with the president, secretary, cashier or chief clerk of such incorporated company; and if 'there be no such officer, then with some other officer of such incor- porated company, with a certificate of the officer making the levy, setting forth that he levies upon and takes in exe- cution or attachment such rights or shares, to satisfy such execution or attachment. 1880. SHARES ATTACHED HELD SUBJECT TO JUDGMENT. Rights or shares in the stock of any incorporated com- pany levied upon by virtue of any writ of attachment, shall be held subject to the judgment rendered in the action in which such writ is issued, and whenever any execution shall 666 RAILEOAD COMMISSIOlinEK's REPOKT. be levied upon any such rights or shares, the same shall be sold in like manner as personal property is, by existing law, provided to be sold. 1881. CERTIFICATE OF SALE OF STOCK— COPY LEFT WITH COMPANY OFFICERS. It shall be the duty of every officer who shall sell any rights or shares of stock in any incorporated company, under an execution, to execute to the purchaser thereof a certificate in writing, reciting the sale and payment of the consideration, and conveying to the purchaser such rights and shares; and such officer shall also leave with the presi- dent, secretary, cashier or chief clerk, or if there be none, with any officer of such incorporated company, a true copy of such certificate; and thereupon it shall be the duty of the officer, clerk, or other person having charge of the books of such incorporated company, to make such entries in the books of such company as may be necessary to vest the legal and equitable title to such rights or shares of stock in the purchaser of the same. 1882. PURCHASER OF SHARES. LEGAL OWN ER— RIGHTS. Every purchaser of rights or shares of stock in any incor- porated company, at any sale thereof made by any officer, upon receiving a certificate of the sale thereof as provided in the last section, shall be deemed and held to be the legal and equitable owner of such rights or shares of stock, and he shall be and become entitled to all dividends thereon, and to the same rights and privileges as a member of such incorporated company as the defendant in execution was theretofore entitled to, notwithstanding such rights and shares of stock may not have been transferred upon the books of such company. LIEN OF COMMON CARRIER. 2119. COMMON CARRIER OF FREIGHT AND PASSENGERS ON GOODS AND BAGGAGE. Every common carrier of goods or passengers who shall, at the request of the owner of any personal goods, carry, convey or transport the same from one place to another; and any warehouseman or other person who /shall safely keep Appendix. 667 or store any personal property at the request of the owner or person lawfully in possession thereof, shall in like manner have a lien upon all such personal property for his reason- able charges for the transportation, storage or keeping thereof, and for all reasonable and proper advances made thereon by him, in accordance with the usage and custom of common carriers and warehousemen. [Note — Liens upon railroads for work done and materials furnished in construction, ex- tension, enlargement, alteration or repair, is ^iven by the General Statutes of 1883, §§ 2131 to 2162 inclusive.] KILLING STOCK. ' 2804. RAIL'ROAD COMPANY LIABLE FOR STOCK KILLED. That every railroad or railway corporation or company operating any line of railroad or railway or any branch thereof, within the limits of this State, which shall daniage or'kiU any horse, mare, gelding, filly, jack, jenny or mule, or any cow, heifer, bull, ox, steer or calf, or any other domestic animal, by running any engine or engines, car or cars, over or against any such animal, shall be liable to the pwner of such animal for the damages sustained by such owner by reason thereof AN ACT To amend Section 14, Chapter XCIII.,of the General Statutes of the State of Colorado, entitled "Railroads." Be it enacted by the General Assembly of the State of Colorado : Section i. That section"" 14, of chapter XCIII., of the General Statutes of the State of Colorado, entitled " Rail- roads," division V. thereof, entitled "Killing Stock," is hereby amended so as to read as follows.: Sec. 14. If the owner of any animal or animals so killed, or his or her authorized agent, shall make affidavit before some officer, authorized to administer oaths, that he or she was the owner, or authorized agent of the owner, of the recorded brand foilnd upon the animal or animals so killed or damaged, at the time of such killing or damaging, and such persons shall, within six months after such killing or damaging, 668 RAILROAD COMMISSIOlSrER's REPORT. deliver such afficjavit to the agent, or any ofificer, of such company or corporation, together with a certificate of his or her mark or brand,, under official seal of any officer authorized by law to record such mark or brands, or shall make affidavit that the animal killed or damaged, as afore- said, had no recorded mark or brand, and that he or she is the owner of such animal, describing it, and the corpora- tion or company shall pay to such person delivering, such affidavit and certificate, or such affidavit last aforesaid, as follows : SCHEDULE. For American sheep, each, two dollars and fifty cents For Mexican sheep and goats, one dollar and fifty cents (^1.50). For Texas cattle, yearlings, twelve dollars (^12.00). For Texas cattle, two years old, seventeen dollars (^17.00). For Texas cattle, three y^ars old, steers and cows, twenty dollars (^20.00). For Texas cattle, four years old steers or over, twenty- five dollars (;g25.oo). For American yearlings, fifteen dollars (;^i5.oo). For American, two years old, twenty dollars (^20.00). " For American, three years old, steers and cows of all ages, twenty-eight dollars {$2^.06). For Arnerican, four years old steers and over, thirty-four dollars (^34.do). For calves, ten dollars (^10.00). The above price, when paid, shall be payment in full ; all Texas and Mexican cattle shall be considered as Texas cattle, and half-bloods shall be classed as American cattle ; thoroughbred cattle, milch cows, high-grade American cat- tle and grade bulls s^all be paid for at their cash value ; thoroughbred sheep shall be paid for at their cash value; horses, mules and asses shall be paid for at their casji value ; Provided, That no railroad company shall at any time be required to pay more than the market value of any animal killed or damaged, except as hereinafter provided. In all cases where such railroad company or corporation shall kill any of the stock mentioned in this act, and for which no price or sum is fixed, the owner or agent of such stock shall, after the filing, as aforesaid, of an affidavit and certifi- APPENDIX. 669 cate of brand, or affidavit of ownership, which affidavit shall contain a statement of class, grade and value of such animal or animals, ^select some disinterested freeholder of the county where such killing took place, and shall notify such company or corporation of said selection, and such company or corporation shall, within three days thereafter, select some suitable person to act with person so selected, and the two so selected shall select a third, and the three so selected shall, without delay, proceed to appraise the value of the stock so killed or damaged, a majority of which three appraisers shall be sufficient to determine the same, and shall certify, under oath, such appraisement to an agent or superintendent of such company or corpora- tion. In case such railroader corpioration, shall refuse or neglect to appoint such appraiser, it shall be the duty of the justice of the peace nearest to the place where such stock was so killed or damaged, to select three disinterested persons as appraisers, and administer to them an oath to honestly appraise the value of such stock, which appraisers shall, without delay, appraise and forward to such justice the result of such, appraisement, which justice shall, within ten days thereafter, forward to an agent or superintendent of such railroad or corporation, a certificate of the result of such appraisement and the costs thereof; and such railroad or corporation shall, within thirty days after the receipt of such certificate, pay to the owner of the stock so killed or damaged, or to his or her authorized agent, the amount of such appraisement, together with all the costs, as aforesaid; and in all cases where the value of such stock is established bv this act, such company or corporation shall pay for such stock within thirty days after the delivery of the affidavit and certificate of ownership of brand, or affidavit of owner- ship of said stock, and if any such company shall so fail to pay for such stock within thirty days after the delivery of such affidavit and certificate, such company shall be liable for double the value the appraised or schedule value of any such animal or animals, together with reasonable attorney's fees, to be allowed by the court; and all persons selected or appointed under this section shall receive the sum of one dollar, to be paid by said railroad company or corporation, as hereinbefore provided ; Provided, That any railroad com- pany having fenced its line of road, or any part thereof, or who may hereafter fence its road, or any part thereof, with 670 RAILROAD commissioner's REPORT. a good and lawful fence, and put in good and sufficient cat- tle guards, and have put in gateways upon and across their said railroad, at the request of persons holding or owning land adjacent to said railt'oad, for the private use and accommodation of said adjacent owners or holders of land; said railroad company shall not be held liable for the kill- ing or injury of any stock getting through said gateways, belonging to said party at whose request and for whose accommodation said gateway was made, unless such killing or injury was occasioned by the fault or negligence of said railroad corrlpany or its employes. Sec. 2. All'acts or parts of acts inconsistent with this act are hereby repealed. Sec. 3. Inasmuch as the public interest requires that this act should take effect at once, an emergency exists, requiring this act to take effect immediately; therefore, this act shall take effect and be in force from and after its passage. Approved March 31, 1885. AN ACT To amend section 15, of chapter XCIII., of the General Statutes, State of Colorado, division five thereof, entitled " Killing Stock." Be it enacted by the General Assembly of the State of Colorado: Section i. Section 15, of chapter XCIII., of the Gen- eral Statutes, State of Colorado, division five thereof, is hereby amended so as to read as follows: Sec. 15. Every railroad company shall keep a book at the county seat of each county through which their road runs; Provided, That said road runs, or passes, through the county seat. If such railroad does not pass through the county seat, then such book shall be kepbat the principal town in the county through which it passes ; and it is hereby made the duty of the said company to cause to be entered in said book, within fifteen days after the killing of any animal, a description, as nearly as may be, of such animal, its color, age, marks and brands, and shall keep said book subject to the inspection of persons claiming to have had animals APPENDIX. 671 killed. Should any company fail to keep said book, or to file such notice in the manner herein provided, or to enter therein such description of any animal killed, for a period of fifteen days thereafter, such company shall be liable to the owner of such animal to an amount twice the full value thereof Approved March 31, 1885. 2806. UNMARKED STOCK. Any animal injured or killed not having any mark or brands upon it, or having marks or brands unknown to such company, by the trains of any railroad company, said company shall, within thirty days next after such injury or killing, pay the value thereof according to the schedule of prices as now fixed by law, unto the treasurer of the dis- trict association of cattle growers within the district where such animal is thus injured or killed; Provided, The owner- ship thereof shall not be established before the expiration of said thirty days ; And provided further, That if there shall be no such association, then said money shall be paid into the treasury of the proper county to the credit of the school fund of the county. 2807. PAYMENT TO DISTRICT ASSOCIATION BAR TO SUIT. It shall be the duty of the treasurer of such district association to receive such money, and to receipt to such company thereof [therefor], and such receipt shall be a bar to any action that may be brought dgainst such -company on account of such injury or killing; and it shall be the further duty of such treasurer to retain such money for six months, within which time he shall pay the same to the owner of such animal, in case the owner thereof shall be discovered; but in case the owner thereof shall not be dis- covered, then and in that case, at the expiration of said six months, such money shall be deposited by such treasurer to the credit of the general fund of such district association. 2808. OWNER DRIVING STOCK ON TRACK— LIABI LITY— PAS- TURING. If the owner of any stock shall drive any stock on the line of the track of any such company or corporation, with intent to injure, such company or corporation, and such 672 RAILEOAD ■ commissioner's REPORT. stock sh^U be killed or injured, such owner shall not re- ceive any damage from such railroad company or corpora- tion therefor, and shall be liable to such company or cor- poration for all damage such company or corporation may suffer in consequence of such act, and shall also be crim- inally guilty of a felony, and liable for indictment therefor, and on conviction shall be imprisoned in the penitentiary not less than one or more than five years ; but nothing herein shall be construed to prevent any person from allowing hi-s or her stock to pasture on the lands adjacent to the line of such railroads, or to drive his stock over or across any such track at suitable times and places. 2809. CARCASS— HOW DISPOSED OF— HIDE TO BE KEPT- PENALTY FOR VIOLATION. In every case of the wounding or killing of any such cattle or sheep, the price of the damages for which is fixed by this act, the body of such animal shall belong to such company unless the owner thereof shall elect to take the same in lieu of said damages or part thereof within twenty- four hours after said wounding or killing ; but in every other case the railway or railroad company may proceed to take care of and preserve the body of said animal, and it shall be the duty of such company to preserve the hide of such anima!l for at least thirty (3o). , 661 EJECTMENT, from train on limited ticket, transferred 579 EMPLOYES, contracts with releasing from negligence, void 632 EMPTIES .' 32, 80 EQUIPMENT— remarks of Commissioner * 20 table of .-. .-. ».. 75 table of cost of 76 vendor's titlelon conditional sale oC > 659 EXCURSION TICKET, transferability of 590 EXPENSES— division of 24 per mile of road operated ,24 table of 84 - table of sub-division in operating road 7^ 85 table of conducting transportation 86 table of operating compared with earnings 88 table of expenses compared with earnings » 27 operating expenses in detail 25 earnings and expenses 26 EX-PARTE— Denver and New Orleans Railroad requesting letter of advice 526 Hudson, G. R., cbmplaint upon ticket 515 Daniels, Geo. H., letter requesting opinion 569 Bischof, C. C, complaint on ticket 517 88 698 IKDEX. EXPLOSIVES— transportation of on passenger trains prohilpUed .^ 675 how explosives shall be packed ; i 676 death caused by violation of statutes, manslaughter 676 EXPRESS BUSINESS, may be carried on by railroad companies 678 EXTORTION— statutory provision concerning 636 Davis against the Denver and Rio Graude Railway 610 citizens of Chaffee County against the Denver and Rio Grande Railway 612 FENCING— miles of road in State fenced 19 extent of protection for stock killed j 669 FIRE, liability of company for damage by 675 FIRE GUARDS 674 FREIGHT— delay in shipment of x ■ 623 overcharge on 4 594 traf^c 31 freight' car mileage... ^ ., 32 fee for certificate of organization 655 GAUGE OF TRACK IN COLORADO, table ; i6 G.OODRIDGE & MARFELL against the Union Pacific Railway 608 &LENWOOD HARDWARiE CO., against the Denver and Rio Grande Railway... 623 GEORGETdWN, BRECKENRIDGE & LEADVILLE R. R., annual returns of 434 GOLDEN, BOULDER AND CARIBOU RAILROAD, annual returns of 453 GREELEY, SALT LAKE AND PACIFIC RAILROAD, annual returns of. 413 GENERAL ASSEMBLY— powers over railroad corporations ; 629, 654 shall pass no retrospective law 631 HARRIS, ELLIS, against the Denver and Rio Grande Railway 557 HUDSON, G. R.,ex-parte .^ 515 INSPECTION— made during the year....- 49 Silver Cliff Branch of Denver and Rio Grande Railway 50 JACKSON, W. S., report of train accident 43, KEOUGH, JOHN, against the Denver and Rio Grande Railway 520 KING, against the Denver and Rio Grande Railway ^jg KISKADDEN, WM., against the Union Pacific Riailway Sgo KILLING STOCK-^ company liable for stock killed /. ^ 667 schedule fixing value of stock killed 668 procedure to recover for stock 66g company to keep brand book of stock killed at county seat 670 unmarked stock • , 671 INDEX. 699 LIEN OF COMMON CARrIeR 666 U-MITED TICKET— ejectment fromi train on a, transferred 579 ' refunding of double payment of fare on 574 limited to person, transferability of v 517 LOADING POINT, petition for 563 LOSS, roads operated at 27 LOVE, J. L., against the Union IPacific Railway 517 MALICIOUS INJURY TO RAILROADS 681 MILEAGE— traffic , ^ 28 train ' ; 29 freight car 32 table of 79 car ; „,... 80 O'CONNOR, JAMES, against the Denver and Rio Grande Railway 574 OPERATING EXPENSES IN DETAIL 25} OPINIONS AND DECISIONS '. 53, 513 OVERCHARGE— on freight 594 company to keep agent, to settle claims , 677 how recovered.... 677 PASSENGER TRAFFIC t 30 POWERS AND DUTIES OF COMMISSIONER 55 PROPERTY ACCOUNTS , 21, 77 PETITIONS— for depot ! 595 for loading point 563 PUEBLO AND ARKANSAS VALLEY RAILROAD, annual returns of ..;......... 203 RAILS— laid during the year l iS miles of steel in Colorado 16 miles of iron in Colorado : 16 RAILROADS— public highways .' 629 ^ right of connection 629 consolidation of parallel lines prohibited 630 Commissioner law concerning 632 leasing of 652 malicious injury to..... 6S1 RAILROAD CORPORATIONS— annual returns of, for 1885 131 organization, powers and duties 641 reorganization 655 amendment of articles 653 service of process on in Courts of Record « 663 service of process 'on injustice (pourts , , 66