A COLORADO RAILROAD POOL 143 
members of the pool issued notices to railroads both east and west request- 
ing them not to bill goods nor ticket passengers over the Denver and 
New Orleans Railroad notwithstanding the fact that that company had 
always paid its dues arising from such business. The Burlington Rail- 
road was forced to join in this pool. 
In the complaint made before the railroad commissioner in September, 
1885, it is stated that the Burlington refused to do any business whatever 
with the Denver and New Orleans Railroad. It would not transfer 
freight to that line nor treat with its agents as the representatives of the 
company. It would not allow its own cars to go over the tracks of the 
Denver and New Orleans Railroad, as was at that time an old custom 
among carriers, and it had torn out the track connection between it 
and the Denver and New Orleans which connection had been laid by 
the latter company.’ There was then no connection between the lines 
although the Burlington crossed three tracks of the Denver and New 
Orleans. It is said that the Burlington feared that failure to conform 
to the wishes of the parties in the pool would bring upon it the evils of 
a rate war and such discrimination as the Denver and New Orleans 
was at that time suffering.” 
The Supreme Court of the United States, to which the appeal had 
been taken, decided on March 3, 1884, that the sections of the Colorado 
constitufion upon which Judge Hallett had relied in making his decision 
were not effective without special legislation and that therefore his decision 
was unconstitutional. The following legal principles were enunciated: 
A common carrier is not bound to carry except on his own line. 
In case a common carrier elects to carry beyond his own line, he has 
the right to select his own agencies. 
Unless required by statutory regulation, transportation companies 
are not required to form a continuous line and do a connecting business. 
Companies engaged in the transportation business are not obliged 
to interchange and haul each other’s cars, nor honor each other’s tickets, 
bills of lading, baggage checks, nor deal with nor recognize each other 
in any manner as transportation companies. 
t Report of the Railroad Commissioner, Colorado, 1885, p. 542. 
2 Memorial for the Passage of Senate Bill No. 1, by John Evans, Denver, February 18, 1885. 
3110 U. S., 667. 
