President H. H. Porter to Commissioner Hoyt, in reply. OFFICE WEST WISCONSIN R. R. COMPANY, CHICAGO, July 12, 1875. DEAR SIR: Your favor of the 10th instant is received. I beg to say that Mr. Elmore had informed me respecting the case to which your letter refers, and I have communicated with Mr. Swan, our General Superintendent, asking him to give your office all the facts. When at Hudson a few days ago, I asked Mr. Swan if there were any complaints against the West Wisconsin Railway, and he answered me, 66 none whatever." We intend to conform to the " Potter-law in cases where the shippers of freight themselves have not already agreed with us to pay our rates, and these I believe are almost universal. Please remember the fact that we are operating a bankrupt road which cannot run a day when its earnings are not equal to the expenses of that day, and that we must have all the latitude that the shippers over our road are themselves willing to give us, or stop running. It is idle for us to try and conform strictly to the laws of the State of Wisconsin, where they are so unjust that the very men who do business on our road are willing to pay us more than the laws allow. Any cases of complaint that are made to you we will at once correct, if you will kindly advise us what they are. Yours truly, J. W. HOYT. H. H. PORTER, President. H. H. Porter to Commissioner Hoyt. OFFICE W. W. R. R. Co. DEAR SIR:-In regard to the C. & N. W. Railway, I do not understand that there are any complaints. That company is fortunately still solvent, although I am not clear how long it will remain so, while conforming to such laws as are now in force. With regard to the West Wis. Company, it is bankrupt, and can very easily be forced to stop running of necessity, as it has no resources outside of its daily earnings. I enclose for your perusal copies of telegrams received from W. G. Swan, our Gen'l. Supt. in answer to my enquiries about this complaint of M. Pedrick. We and M. Clark both agree that they have many times put themselves very much out of the way to conform to M. Pedrick's wishes and supply him with cars. But Mr. Pedrick appears to be one of those men who are bound to rule or ruin. I have forwarded all the papers to Mr. Swan, with instructions to correct the matter and communicate with you as to what he has done. I necessarily have to do this to-day, as, by appointment, I am about leaving town. Yours, truly, J. W. HOYT, Esq. H. H. PORTER, President. Supt. Swan's Telegram to President Porter. OFFICE WEST WIS. R. R. Co., HUDSON, July 9, 1875. Mr. Pedrick is the only lumberman on our line who has tried to embarrass us, and he has worked hard and long to do this. I have at different times sacrificed our own interests in my efforts to conciliate him, but to no effect. My record will be found sound in all respects. It is true that we have required pre-payment of our charges, because his shipments go to points on the M. & St. P. road, and that company notified us long ago that they would advance no charges on Pedrick's account, he having refused to pay his bills at destination. Shall I send you copies of the correspondence? W. G. SWAN. Commissioner Osborn to H. H. Porter. OFFICE OF RAILROAD COMMISSIONERS, DEAR SIR:-Serious complaint sare made to this office of the difficulties in the way of doing business on the West Wisconsin Railway, by reason of there having been no agreement between that company and the Chicago, Milwaukee and St. Paul Company as to the division of earnings, when freight passes over the roads of both companies. Will you please inform me if any such agreement is in contemplation, as provided for by section 5 of chapter 273 of the laws of 1874, and section 2 of chapter 334 of the laws of 1875, of Wisconsin, and if we can assure complaining parties that such arrangements will be made as will secure them the protection intended by the passage of the laws referred to. Very respectfully, J. H. OSBORN, Commissioner Hoyt to M. Pedrick. OFFICE OF RAILROAD COMMISSIONERS, MADISON, July 10, 1875. DEAR SIR:-We have this day received assurances from Mr. H. H. Porter, President of the West Wisconsin Railway Company, that your case shall have prompt attention. Should this pledge not be fulfilled, the Attorney-General will deem it his duty to commence legal proceedings against the company at once. Respectfully, yours, M. PEDRICK, Esq., Fairchild. JOHN W. HOYT, Commissioner Hoyt to H. Bowen, in reply. OFFICE OF RAILROAD COMMISSIONERS, DEAR SIR:-When your communication of the 2d instant, came to hand, the Commissioners were in the midst of a series of correspondence and conferences, which promised to result in a practical compliance of the railroad corporations of the State with the law, not only as to rates, but also as to pre-payment of charges, the connection of trains, &c.; on which account it seemed better to postpone an answer until a definite result could be announced. I am now able to inform you that the officers of the Chicago, Milwaukee & St. Paul and the Chicago & Northwestern Railway Companies, have just given us the assurance that they intend to conform to the law, and that they will be pleased to have notice of any violalation on the part of their agents and employees. This being the case, it is fair to presume that they will correct errors already committed. Respectfully, H. BOWEN, Brodhead: JOHN W. HOYT, Commissioner Osborn, to S. S. Merrill. OFFICE OF RAILROAD COMMISSIONERS, DEAR SIR:-Will you be kind enough to inform me if any conclusions have been arrived at between your company and the Chicago & Northwestern Railway Company, and between your company and the West Wisconsin Railway Company, and any other railway company which connects with yours, in relation to the division of earnings for the carrying over two or more railways (one of these being your own) within the limit of Wisconsin, as providedfor by section 5, chapter 273, of the laws of 1874, and section 2, of chapter 334, of the laws of 1875? Very, respectfully, S. S. MERRILL. J. H. OSBORN, S. S. Merrill to Commissioner Osborn, in reply. OFFICE C. M. & ST. PAUL R. R. Co., MILWAUKEE, July 12, 1875. DEAR SIR:-Replying to yours of the 8th instant I would say that an agreement was made between this Company and the C. & N. W. R'y whereby the earnings on lumber, &c., passing from their road to ours, or vice versa, are to be divided on a basis which is considered fair to both companies, notwithstanding the fact that the tariff allowed us by law on joint business is entirely too low, and in many cases far below the cost of doing the business. This arrangement went into effect on the 28th of June, since which time all joint business between us and the C. & N. W. Co. has been done at legal rates for the whole distance. We have proposed to make the same divisions with the West Wis. and other neighboring companies, but up to this time we have had no definite answer, except from the Wis. Valley Co. Mr. Wyatt, of that Company, replies, that he cannot live at any less than his local rates. I have been expecting a reply from the West Wisconsin Co., but it has not yet reached me. I can therefore only say, that so far as this Co. and the C. & N. W. are concerned, we are doing business at the legal rates and dividing the earnings (inadequate as they are), on a basis that is deemed to be fair to both companies. Yours, respectfully, JAS. H. OSBORN, Esq., S. S. MERRILL, Commissioner Osborn to Superintendent Swan. OFFICE OF RAILROAD COMMISSIONERS, MADISON, July 8, 1875. DEAR SIR:-Will you be kind enough to inform me if any conclusions have been arrived at between your company and others of Wisconsin, which connect with it, in relation to the division of earnings in cases of freight being carried within the limits of Wisconsin, over two or more railways, (one of them being your own,) as provided for by Section 5 of Chapter 273 of the Laws of 1874, and Section 2 of Chapter 334 of the Laws of 1875. An early reply would oblige. Very truly, J. H. OSBORN, Commissioner. Superintendent Swan in reply to Commissioner Osborn. OFFICE OF WEST WISCONSIN R. R. Co., HUDSON, WIS., July 12, 1875. DEAR SIR. In reply to your favor of the 8th inst., will say that this company has not as yet been able to agree with all connecting roads upon a basis that would be mutually fair for a division of through rates on lumber from points on its line to points on other lines in the State. |