exhibit " a.
M
articles of agreement
UT THE —
Southwestern Passenger Committee.
GOVERNING INTERSTATE TRAFFIC.
Effective October 8th, 1806.
AllTICLE I.
The Companies parties hereto, operating Lines in territory hereinafter (Icscribcd, hereby create
the Southwestern Passenger Committee.
ARTICLE II.
Section 1. The purposes of this Committee are to provide for joint instead of individual .action
in all matters of common interest, and to afford protection against unfair competition, to the end that
proper rates of fare may be-maintained and revenue subserved.
Section 2. All measures necessary to carry out tiie purposes of this Agreement sliall be taken
jointly by the parties hereto, or jointly liy such of them as are directly interested. Should any
question arise upon which they cannot agree, it shall be subject to decision or action as elsewhere
provided herein.
Section 3. These Articles of Agreement shall be signed by some one olTicial of each Company
party hereto, who shall thereby assume responsibility for the fnlfdlment of the obligations of his
Company thereunder.
1
AliTlÇLK III.
This Agreement embraecs all Interstate passenger trailic having origin or destination in the State
of Texas.
ARTICLE IV.
Section 1. The headquarters of this Coniiniltee shall be at St. Louis, Mo.
Section 2. Regular meetings shall be held the first Tuesday of January, April, July and
October. Eight days in advance of each regular meeting a list of subjects to be considered thereat
shall be furnished to each member. Special meetings may be called by the Chairman when in his
judgment necessary, or upon the request of any two members.
Section 3. Two-thirds of the members sh.all constitute a quorum for the transaction of business.
Any member, in case of absence, may deleg.ate the Chairman to represent him, or may designate, in
writing, a representative, whose acts shall be binding upon his Company. All action at meetings on
matters advised to be considered at such meetings, shall be binding upon all Lines interested. No
action shall be taken at any meeting on any subject not stated in call for the meeting, except by
unanimous consent of the members present, and any action so taken shall be binding only when
unanimous consent of all members interested has been obtained.
Section 4. Motions to laj- on or take from the table, or to adjourn, shall be carried by majority
vote. Other oilicial action at meetings must be unanimous, except when otherwise provided in this
Agreement.
Section 5. Roberts' Rules of Order sh.all govern the procedure of all meetings, except when
otherwise required by this Agreement.
ARTICLE V.
Reduced rates for conventions and excursions which draw attendance from Interstate territory-
common to two or more of these Lines, whether held at a local or common point, shall be subject to
agreement by Lines interested within territory affected.
ARTICLE VI.
Section 1. The Executive Ofllcer of this Committee shall be a Chairman.
He shall be elected, and his salary fixed by unanimous vote. lie may be removed by a two-
thirds vote of all members.
2
He shall devote his time to the service of the Committee, shall preside at its meetings, keep its
records, make drafts monthly against each Company for its proportion of expenses, as approved by
the Auditing Committee, and perform such other duties as the Agreement may require, or as may he
assigned to him thereunder.
He shall render décidons as provided for by the Agreement, and shall construe same and all rules
and regulations adopted thereunder. He shall issue such rulings as may be necessary to properly
administer the Agreement, and to afford relief as against inequality created by the pursuance, by
Lines within or without the Agreement, of a course which is contrary to lis provisions.
Section 2. All decisions and rulings by the Chairman shall bo binding until reversed by a
majority vote of the Committee.
Section 3. An Executive Committee of three members shall be elected by unanimous vote, to
serve for a period of six months, or until their successors are elected.
This Committee shall liave charge of all expenses except the s.ilary of the Cliairman.
The Executive Committee and the Chairman shall apportion the expenses as between Lines
parties hereto, unless otherwise agreed upon.
Section 4. An Auditing Committee of two members shall bo elected by unanimous vote to serve
for a period of six months, or until their successors are elected, and üiis Committee shall audit the
accounts.
ARTICLE VII.
Section 1. Charges of violation of this Agreement may bo preferred direct by one member
against another, or a member may report the case to the Ciiairmnn, who simll thereupon investigate
it as he may elect, and, if he has reason to believe that the Agreement has been or is being violated,
he shall prefer charges and call the case for trial.
Section 2. AVhen evidence is adduced of a charge of violation of this Agreement sulllcieut to
raise a fair jjresumption of the trntli of the allegation, the party or parlies of whom complaint is made
shall make a full showing of the exact facts iu the case, submitting to examination before tlie Chair¬
man, and shall answer all relevant questions without equivocation or evasion.
Section 3. In order to avoid petty annoyances, the Chairman shall determine in each case what
presentation sliall constitute a charge to be taken notice of by him.
ARTICLE VIIL
Each member sliall he responsible to tlie Committee for biisinoss ticketed or controlled by Lines
not parties hereto, over its road, the same as for its own act. If any nicmhcr of this Committee
S
accepts tickets from a foreign Company at rates or under conditions not authorized, such action shall
be considered a violation of this Agreement.
AltTICLE IX.
In emergency cases wliere it is necessary to take individual action in meeting competition, and
where tlierc is not time to secure full protection by relief ruling from the Chairman, Lines may meet
the action of Line or Lines complained of after giving notice to the Chairman of the proposed action
whicli shall also specify the name of the Ihne or Lines against which taken. In no case shall such
individual action be taken wiiere there is sullicient time to get proper relief ruliiig from the Chairman.
Siiould the Chairman fail to grant relief as requested under this Article, within five days from the
receipt of the request, the Line or Lines making the request may place in effect the action for which
authority was requested, by giving five days' notice of intention so to do.
If individual action is taken, a full statement of the case shall be promptly submitted to the
Chairman by the Line or Lines taking the action, for proper investigation by him, report of which
shall be made by the Chairman to interested lines.
ARTICLE X.
Companies interchanging passenger traille with members of this Committee, that may be ascer¬
tained to be taking action inconsistent with this Agreement or any rules that may hereafter be
adopted in the sale of tickets via these Lines, shall be advised of such rules and requested to conform
to them. Failing to respond or act upon such reipiest, the Companies parties hereto will protect each
other by the adoption of such measures as may be found practicable and necessary in each particular
case.
ARTICLE XI.
Section 1. Tickets ma3- be purchased at any i)oiut common to two or more of these Lines, by the
Chairman or any member, for the puritose of testing rates, limits or conditions, and for the purpose
of preferring charges of violation of this Agreement or its rules.
Section 2. In eveiy instance Avhere tickets are purchased as provided for herein, the Line
making the purciiase shall, within ten days, give notice to initial Lines over which ticket reads on
blank to be prepared and furnished to all Lines b^' the Chairman, this notice to contain full
particulars of the purchase, including date, hour, place, rate, name of issuing line, class, form,
number and destination of tickets. A copy of such notice shall be immediately forwarded to and
promulgated by the Chairman to all members, except that the name of the Line making the
purchase shall not be promulgated.
I
Section 3. Tickets so piirchased shall be redeemed on the following bases :
(a) If it be a complete ticket issued by a Road party hereto, it shall be redeemed by the
initial Committee Line over which it reads, at full tariff from point of sale to destination.
(&) If it be an unused portion of a ticket issued by a Road party hereto, it shall be redeemed
by the initial Committee Line over which it reads, at cost to purchaser.
(c) If it be of the issue of a Road party hereto, and bears on its face evidence of irregularity
or manipulation, it shall be redeemed by the initial Committee Line over which it reads, at full
tariff rate between points covered by it, though it be the unused portion of a ticket.
(d)- If it be of the issue of a Road not party hereto, it shall be redeemed at cost to the
purchaser. The Committee Line or Lines over which it reads shall surrender the value of their
respective coupons, and the remainder of the cost shall be a Committee expense, except that, if such
ticket shows evidence on its face of irregularity, or manipulation, or violation of this Agreement, or its
rules, the Committee Line or Lines over which it reads, shall redeem, at regular rate sheet rates in
effect between Committee points covered thereby, and the remainder of the cost shall be a Committee
expense.
Section 4. To facilitate settlement of tickets purchased as above, redemption may, at the option
of the purchaser or redeeming Line, be effected through the Chairman's oillcc and in his monthly
account, all such tickets to be promptly forwarded to him to be charged against or credited to Lines,
as the conditions may require.
Section 5. Should any Line present for redemption any tickets of any kind which have been
taken up from passengers for purpose of exchange, or which have been voluntarily turned over by a
ticket broker, then the Line over which such tickets read shall not be compelled to redeem them.
Section G. Tickets which have been exchanged with an original purchaser for the purpose of
obtaining evidence that there was a reduction in the rate or other manipulation, shall not be redeemed
unless a violation is proven.
Section 7. Mileage tickets, or portions thereof, tluit disturb Interstate rates, whether sold for
cash, issued free for advertising, or otherwise issued, which are redeemable under the above rules,
shall be redeemed upon presentation, through tiie Chairman, by the issuing Line, at tiie tariff rate
per mile established for sale of conimerci:il mileage in the territory in which such tickets arc valid.
Section 8. Tickets of which ollicial notice to dishonor for passage have been given to Conductors
shall be redeemable only at option of the Line over wliich they re.'ul, provided coi)ics of such notice
are filed at the time of issuance with the Chairman and sent to each member of tiie Committee.
5
Section 9. If a large munljcr of tickets arc found in tlic brokers' market disturijîng rates, the
Chairman may, in his discretion, aiithorizo reduced one way, continuons passage rates, to continue
in effect until normal conditions can be restored.
ARTICLE XII.
The word "ticket," as used in this Agreement, or in tlie Rules, moans a ticket, whether executed
or not, an order for a ticket, or any written or printed device whieii Ijcars on its face reasonal)Ie
evidence that transportation can be secured.
ARTICLE XIII.
Other lines may become incinl)er8 of this Committee bj' nnaniinous consent of parties hereto and
by suljscribing to this Agreement.
ARTICLE XIV.
Tins Agreement shall continue in full force from dale made effective, subject to ten days' notice
of withdrawal upon the part of any member. ■
jummi
3 5556 042 481200 j