THIS AGREEMENT made this 14th day of February, 1908,
by and between the YOSEMITE VALLEY RAILROAD COMPANY, a
corporation duly organized and existing under and by virtue of the laws of
the State of California, the party of the first part, the SOUTHERN PACIFIC
COMPANY, a corporation duly organized and existing under and by virtue
of the laws of the State of Kentucky, and the ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, a corporation duly organized and existing
under and by virtue of the laws of the STATE of Kansas, the parties of the
second part
WHEREAS the party of the first part is the owner and
engaged in the operation of a railroad which runs from the City of Merced
to a point on the Merced River near the westerly boundary of the Yosemite
National Park in the State of California; and
WHEREAS it is deemed desirable by the parties hereto
that they should make fair and equitable arrangements for the interchange
of passengers and freight traffic at the said City of Merced between the
said railroad of the party of the first part and the railroads running
through the said City of Merced which are now operated by the parties of
the second part;
NOW, THEREFORE, THIS INDENTURE WITNESSTH that it is
mutually agreed by and between the parties hereto as
FIRST Each of the parties of the second part, at its own
expense, shall maintain on its grounds a direct and separate track
connection between its tracks and the tracks of the party of the first part
at the City of Merced, State of California, so that a full and complete
interchange of business may be had and carried on between the railroads
of the parties hereto during the entire term of this agreement.
SECOND The party of the first part will become a
member of the Pacific Car Service Bureau.
Third Motive power or equipment leased to the party
of the part by either of the parties of the second part shall be at the then
prevailing rates charged each other by the parties of the second part.
Fourth Passenger train cars shall be interchanged and
paid for upon the same basis as is then in force between the Atchison,
Topeka and Santa Fe Railway Company and the Southern Pacific Company;
and freight train cars shall be interchanged and paid for on a per diem
basis as contemplated by the rule of the American Railway Association.
Fifth Interchange of equipment shall be under the
prevailing rules of the Master Car Builders Association, and all damage to
or destruction of equipment shall be settled according to such rules.
Sixth Damage of whatever nature or character
occurring to motive power furnished by either of the parties hereto to the
other, whilst in possession or control of the latter not covered by the fifth
subdivision or paragraph hereof shall be borne by such party.
Seventh All passenger equipment required for special
excursion parties from lines of either of the parties of the second part shall
be furnished by that one of the parties of the second part interested in the
transportation, and the party of the first part shall pay customary mileage
rates therefor.
Eighth The party of the first part shall arrange direct
with the Pullman Company for such sleeping cars as shall be require for
use between Merced and the end of its line.
Ninth The party of the first part agrees to furnish all
equipment for hauling passengers and baggage destined to points on the
line of the party of the first part and arriving at Merced by regular trains
of the parties of the second part.
Tenth The parties of the second part will endeavor to
give the party of the first part use of waiting rooms in their passenger
stations at Merced and space therein for the sale of tickets; for such
accommodation a reasonable charge shall be paid by the party of the first
part.
Eleventh Passenger and freight cars interchanged at
Merced between the party of the first part and either of the parties of the
second part shall be placed on interchange track and such placing shall
constitute delivery by one party to the other. Interchange at Merced of
less than carload shipments of freight or express, shall be accomplished by
unloading onto platforms or trucks, or transferring into cars by party
delivering.
Twelfth For all carload freight originating at any point
on the lines of the party of the first part and destined to points on the lines
of the parties of the second part or their connections, the parties of the
second part shall furnish cars on requisition of party of the first part as
promptly as they do for shippers on their own lines at competing points in
California. All cars so furnished shall be loaded and delivered by the party
of the first part to that one of the parties of the second part over whose
line such freight is to be transported.
Thirteenth. It is further agreed that the traffic
between said roads shall be interchanged during the term of this
agreement upon the following terms and conditions
(a) No switching or other charges shall be made by
either party hereto for interchange of business, whether freight, passenger
or express, between said roads, at the junction thereof at or near Merced.
Nothing herein contained is, however, intended to prevent charge for
switching to or from private industrial sidings at or near Merced whenever
such charge is ordinarily collected from shipper or consignee in addition to
the established transportation rate at the time of movement. Such
switching charge shall accrue to the line performing the switching service.
(b) Through freight rates to or from points on the line of
the Yosemite Valley Railroad shall be the combination of the published
tariff rates applying to and from Merced.
(c) Claims for overcharges on freight shall be settled
under the Freight Claim Association and such rules shall govern in
settlement.
(d) All claims for loss or damage to freight shall be
settled under Freight Claim Association rules.
(e) The parties of the second part shall include in their
folders at their own expense, time tables of the party of the first part, and
should the party of the first part issue a folder, it shall at its own expense,
include therein time of connecting trains of the second parties.
(f) Through passenger rates to or from points on the
lines of the Yosemite Valley Railroad shall be the combination of locals on
Merced and shall be so divided.
(g) Statements will be rendered and settlements made
on all interline freight and passenger business by the three parties hereto
in accordance with the established practice between railways
interchanging business.
(h) The parties of the second part will make as favorable
arrangements relative to stopover privileges at Merced on tickets reading
over their lines as are authorized at any other gateway for travel to
Yosemite National Park, or for other similar resorts such as for Lake Tahoe
and Grand Canyon of the Colorado.
(i) Loss or damage claims arising from the
transportation of baggage which is covered by interline one way or round
trip tickets will be handled or paid by that company, party hereto, on
whose railroad the loss or damage occurs. Where said loss or damage
cannot be located, expenses arising from settlement thereof shall be borne
jointly on the basis of each party's share in the revenue received from said
tickets. Baggage covered by interline one way or round trip ticket to be
checked (under rules governing on railroads of parties of the second part)
to or from points on railroad of party of the first part. A round trip ticket
will be considered as equivalent to two one way tickets.
(j) If transfer of passengers or baggage at Merced
should become necessary in the regular course of business, expense of such
transfer shall be borne by delivering company.
Fourteenth. It is further covenanted and agreed by and
between the parties hereto that first party shall and will grant unto
Southern Pacific Company and the Atchison, Topeka and Santa Fe Railway
Company, second parties, exactly equal rates, facilities, rights, privileges,
and benefits in connection with all traffic competitive between said second
parties, and will interchange such freight and passenger traffic with them
freely, maintaining absolute neutrality as between said companies.
Fifteenth In case the parties hereto cannot agree as to
any matter or thing covered by this agreement, the point or points in
controversy shall be submitted to three arbitrators, one to be chosen by
the party of the first part, and one by the party of the second part, and the
third to be chosen by the two first appointed, and the decision reached by
any two of the said arbitrators shall be final and binding upon the parties
hereto as to the point or points in controversy.
Sixteenth This agreement shall be binding upon the
successors and assigns of the parties hereto, and shall be and remain in full
effect for a period of five (5) years from the date hereof, and for the
further period of three (3) years immediately following, unless six (6)
months prior to the close of the five year period notice of the desire to
terminate this agreement is given in writing by one of the parties hereto,
to both on the other parties interested.
IN WITNESS WHEREOF the parties hereto have, on the
day and year first above written, executed these presents in triplicate.
YOSEMITE VALLEY RAILROAD COMPANY
(Signed) By F. G. Drum, President.
SOUTHERN PACIFIC COMPANY
(Signed) By E. E. Calvin, Vice Pres't.
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
(Signed) By A. H. Payson, Asst. to Pres't.
Approved as to Form
(sgn) Wm. F. Herrin
Chief Counsel
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