A COLORADO RAILROAD POOL 139 
This refusal of the Santa Fe to carry to or from Denver and points 
between Denver and Pueblo except in connection with the Rio Grande 
at the same price was equivalent to saying to the public which railroad 
it should use and was supposed at once to be a plain violation of the con- 
stitution of the state. The matter was taken into court by the Denver 
and New Orleans Railroad. In defense of its refusal to deal in any 
way with this latter road the Santa Fe stated that it had made a contract 
with the Denver and Rio Grande for a through line from the Missouri 
River to Denver and that this contract was of great advantage to itself, 
and that this advantage could not be maintained except by keeping this 
contract requiring the exclusive dealing between the parties thereto. 
In his decision Judge Hallett said this answer did not explain the 
true nature of the contract. The contract was an agreement between 
the Union Pacific of the first part, the Santa Fe and its leased lines of 
the second part, and the Rio Grande of the third part, for a division of 
traffic and territory in Colorado and New Mexico. When the contract 
was made, March 22, 1880, these three companies owned or controlled 
all the railroads in Colorado and the northern half of New Mexico. 
By the agreement, says Judge Hallett, they assumed to divide the country 
and allot to each of the parties its separate portion for the purpose of 
building new railroads. The parties were each bound not to trespass 
upon the territory of the other parties as defined in the agreement, and 
each stipulates with the other that it will not “voluntarily connect with, 
or take business from or give business to, any railroad which may be 
hereafter constructed” in the territory of the other. Having thus settled 
the matter of railroad building, the arrangements for a division of the 
traffic are as follows: 
SECTION 4. All traffic to and from the Missouri River, and all competitive local 
traffic, both passenger and freight, to and from the territory south and west of Denver, 
reached by and covered by the Denver and Rio Grande Ry. Co. or Denver, South 
Park and Pacific Ry. Co., and lines constructed or to be constructed by them or either 
of them, shall be pooled between the Union Pacific Ry. Co. and the Atchison, Topeka 
and Santa Fe Ry. Co., one-half to each; also all traffic to and from the Missouri 
River, and to and from competitive local points, both freight and passenger to and 
from Denver, shall be divided, three-fourths to the Union Pacific Ry. Co. and one- 
fourth to the Atchison, Topeka and Santa Fe Ry. Co., each company in each case to 
