Show CHAMBER OF COMMERCE AND THE RAILROADS the rio bio grande western now cornea comes forward with its answer to the complaint of the salt lake chamber of commerce and following to is the full text as filed in the case came BEFORE THE interstate COMMERCE commission the salt bait lake chamber of commerce VB the union pacific railway the denver rio bio grande railroad the rio bio grande western railways railway the southern pacific company the burlington missouri river biver railroad company the atchison Atchi aon topeka santa fe railroad company the chicago rock bock island pacific railroad company answer of the rio bio grande western railway company the defendant the rio bio grande western railway company separately answers the complaint in this proceeding and respectfully states 1 it admits the first paragraph of the complaint 2 it admits it is engaged in interstate commerce cm cc merce by arrangements with the other defendants or some of them for tra transportation W arte rte t loil htwe between en the points nano named belk i in nt the 0 second paragraph of the oom buit denies that said traffic IB conducted under any common control or management of the lines of railroad of the defendants or of the railroad of this defendant and that of any ADY other defendant or defenda defendants lits 8 3 answering thi the third paragraph of the complaint this defendant denies that the rates of the defendants specified in the schedules ules sand and tariffs between the said missouri river common points or anhof any of them and salt lake city or between san francisco ang salt bait lake city are either unjust or unreasonable or in violation of the first or any aidy section of said act to regulate commerce and it denies that the actual cost of the movement of freight between said missouri river common points to salt lake city utah and between san ban francisco and salt lake city including the elements of cost properly chane changeable able thereto does not exceed of ane one cent per ton per mile on the line of road of this defendant and while the defendant cannot state stat ethe the cost on the lines of the other defendants on OB information and belief it alleges that it on those line lines exceeds the alleged cost and it denies that the charges made and collected are in no case less than three times the cost of movement or in any case nine times the alleged cost anle s e in special cases on goods specially hazardous and where the charge is largely for risk 4 this defendant denies the fourth paragraph of the complaint and each and every allegation thereof 5 answering the fifth paragraph of the complaint this defendant denies the same and each of the allegations f and alleges teat the traffic between said missouri river common points and salt lake city compared with the traffic between the same common points pointe and san francisco is in carried or under dissimilar circumstances and conditions 6 this defendant answering the sixth paragraph of the complaint and admitting the alleged distances between the points named in said paragraph and also admitting that salt lake city is the largest city between denver and san francisco and an important center of trade denies that it to is the only important center of trade between the cities last named or that it to is favorably situated or has natural advantages for supply of a large surrounding country and admitting that it has the largest local business of any city between denver and san francisco this defendant does not know whether it has a larger distribution of interstate traffic than other points point between said cities and leaves the complainant to its proofs thereof and this defendant denies that the rates charged to salt lake city from the said missouri river common points are excessive or unlawful or in violation of the said act to regulate commerce 7 and further answering the corn com plaint this defendant alleges that of the haul between said Mine missouri ouri river cornmon common points and salt lake city its line of railroad only includes about miles of the dle tance that about miles of said distance is practically a desert with almost no local business and other parts of its line is constructed over mountain ranges and with steep grades and that that portion of its line which is in a tillable and settled nettled district is parallel to an older competing line of railway and that the cost of maintaining and operating its line of railroad compared with the amount of traffic is necessarily greater and requires higher rates to be reasonable than on roads with a large local traffic and light grades that this defend ant ants antis Is road is ia only a part of one line between said missouri river common points and salt lake city and there are other competing lines from the same saine points and all the business is done under competition and the rates areas are as low as an they can be reasonably made and be compensatory that in the utah valle yin a northerly and southerly direction there are various towns and cities each shipping directly from the east and west and ogden about thirty seven miles north of salt lake city and provo about forty seven miles south of bait lake city are common and distributing points in said valley that the country east and west from salt lake city is ia mountainous and has no shipping points except along the railroad of the southern pacific and whore where there is ut nj railroad competition that on traffic between salt lake city aud and san francisco the line of this defendant only includes about thirty seven miles of the distance and to is parallel to another and competing line with the westward connection and this defendant further alleges that traffic from the missouri river common points to san francisco is conducted under the competition of several routes some of f which are not within the provisions of the said act to regulate commerce and the carriage is at unreasonably low rates and not circumstances and conditions with traffic to salt lake city that the city of salt lake utah is an inland city which does not enjoy the natural advantages afforded by a seaport sea men port town or one situated upon an important or navigable river that the said eaid salt lake city by reason of its natural location does not enjoy any of the natural benefits accruing to cities situated upon the ocean or upon important or navigable rivers within the boundaries of the united states defendant alleges that the said city of san francisco california is 18 situated practically upon the pacific ocean and tauffic destined to california can be shipped pe d to that point from missouri river points without passing over the line of this defendant and can be delivered to the city california by through water connection udler circumstances and conditions entirely dissimilar from those under which rail lines are operated that by reason of the natural location and advantages possessed by the city of san ban francisco over interior points within the united states the rates on traffic from missouri river and points there upon to the said city of san francisco are made by water competition and by the ability of san francisco shippers to deal at ac points where there is in water transportation and said rates must be not by rail lines linea otherwise the said railway lines must go out of the business and abandon participation in said pacific coast traffic le whereas the said city of salt lake IF in approached and reached from the missouri river and common points thereupon solely by rail lines and it therefore is not favored by nature or its natural situation by the benefits accruing to san francisco and this defendant on information ai aad d belief alleges that the rutes bettes from missouri url river common points to san ban francisco in no wise effects affects suit bait lake city shippers or merchants or any market for its ito merchants or shippers that salt lake city merchants have no market between that city and san francisco which can be reached by san francisco merchants unless for a short distance on the southern pact pacific railroad westward from ogden and those points are thirty seven miles newer nearer to ogden than to salt lake city and the merchants there also ship directly from the east to their towns and any difference in rates from said common points to salt lake city and san ban francisco would not equal the local rate back from san francisco to any point at which salt lake city merchants have a mar ket wherefore the defendant prays that the complaint in this proceeding be dismissed ROBERT attorney salt lake city utah territory of utah I 1 an salt lake county f william F colton being duly sworn says my i that he be is the cashier and assist ant secretary of the rio grande western railway company one of the defendants la in this proceeding and that the foregoing answer is true as he verily believes WILLIAM F COLTON subscribed and aed sworn to before we me A april 1892 WILLIAM M BRADLEY notary public |