138 UNIVERSITY OF COLORADO STUDIES 
nor in any way connect with any railroads that might be built in these 
particular sections of territory. The territory thus divided among the 
three parties to the contract comprised the state of Colorado and the 
northern part of New Mexico. The parties to this agreement were 
the Union Pacific, Atchison, Topeka aid Santa Fe, and Denver & Rio 
Grande. 
The facts in the case seem to have been these. The Denver and 
New Orleans Railroad Company operated a line of railroad from Denver 
to Pueblo. The Denver and Rio Grande also had a road between the 
same two points. The Atchison, Topeka and Santa Fe Company had a 
line from Kansas City to the Colorado state line and from there to Pueblo 
leased the line of the Pueblo and Arkansas Valley Railroad. It was 634 
miles from Kansas City to Pueblo over the two railroads. When the 
Atchison, Topeka and Santa Fe thus reached Pueblo, it had no con- 
nections of its own with Denver. The Denver and Rio Grande was 
built from Denver to Pueblo but the gauge was different from that of 
the Santa Fe. The latter railroad accordingly made an agreement with 
the Denver and Rio Grande. A third rail was ultimately to be put down 
on the track of the Denver and Rio Grande to enable the Santa Fe to 
get its cars into Denver. This agreement was made in 1879. Accord- 
ing to the terms of this contract the Denver and Rio Grande was to 
receive compensation at the rate of one and one-half miles for every 
mile hauled. Later in March, 1880, the tripartite agreement mentioned 
above was entered into. By 1882 the Denver and New Orleans Rail- 
road had reached Pueblo and the general superintendent made a request 
of the general manager of the Atchison, Topeka and Sante Fe for the 
establishment of an agreement whereby an interchange of business 
might be brought about and through traffic over the Denver and New 
Orleans Railroad established. This request was refused. The Atchi- 
son, Topeka and Santa Fe declined to receive or deliver freight or 
passengers at the junction of the Denver and New Orleans Railroad, 
or give through bills of lading, or sell or receive through tickets or check 
baggage over that road. The Atchison, Topeka and Santa Fe Company 
charged more for tickets east from the junction than it received on 
through tickets east sold in Denver by the Denver and Rio Grande. 
