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Many of these are of long standing, are far-reaching in their effects, and involve some fine questions of law. The requirement that every privilege or charge in connection with the transportation offered by a carrier shall be plainly stated in a duly published, filed, and posted tariff will, no doubt, eliminate the discriminatory practices, except such as may be the subject of litigation before this Commission or in the courts.

POSTING TARIFFS AT STATIONS.

The comprehensive terms of the act with regard to the posting of rate schedules at stations of carriers were apparently intended to serve the double purpose of thus affording shippers and patrons opportunity to ascertain for themselves the lawful charges for the service sought by or rendered to them, and of also guarding against the adoption or use of tariff rates or rules without giving full public notice thereof. The clear purpose of the law is that every person may have reasonable opportunity to gain through proper effort on his part full knowledge as to the rates published and charged by carriers.

In order that practicable and useful regulations and practices might be established authority was vested in the Commission to modify the terms of the act in this particular. One of the more important carriers has at this time as many as 15,700 tariffs in force, including those in which it has concurred. Less important carriers have correspondingly large numbers of tariffs. Manifestly a double file, or even a single file, of all of a carrier's tariffs (including those issued by others and in which it concurs) at each station and office would be utterly useless and confusing to the average seeker for information therefrom. Such a requirement would involve great expense for printing and extra employees with no corresponding good or benefit to either public or carriers; would have a tendency to reduce the number of joint tariffs and thus deprive shippers and travelers of many advantages of through routes now enjoyed and would necessitate the employment of men to stand constant guard over the tariffs if they were to be kept complete and in perfect order. The Commission has pursued investigation of this subject and has held public hearing thereon. The testimony of thousands of station agents is that it is but rarely (once or twice a year) that any person requests permission to see a tariff. This is no doubt largely accounted for by the fact that carriers generally furnish tariffs liberally to interested and regular shippers. Thousands of shippers have joined in requests upon the Commission to modify the provisions of the act and to not require the posting of a mass of tariffs that would be less useful than the old practices.

It is customary for patrons to ask the station or ticket agent for information as to rates and privileges in connection therewith, and

it is only proper that the employees should be well informed, have at hand for reference such publications as there is probability of their needing, and that they should give, courteously and willingly, any such information desired by any person. No seeker after such information should be required or requested to give any reason why it is sought.

There is apparent need at every station for full information as to rates from that station, and all of the tariffs that contain such rates should be there. The instances in which rates to a station are desired are principally confined to shippers who are furnished tariffs in which they are interested. The needs of others in this regard would seem to be provided for in the requirement as to the index of tariffs, which is included in the accompanying proposed order of the Commission.

It is believed that a file of tariffs in the care and custody of an agent, who will keep them in order and who will promptly furnish information therefrom and cheerfully give any assistance desired in referring thereto, will be of more real and practical use and benefit to the public than in any other form.

Therefore, in the expectation and belief that cordial cooperation of carriers will be had in carrying out the full spirit of the order, and subject to revocation or change by the Commission at any time, the Commission proposes to issue the following order, which is believed to be within the Commission's authority under section 6 of the act.

That by virtue of the provisions of section 6 of the act to regulate commerce the requirements with respect to posting rate schedules at stations and offices be, and the same are hereby, modified as follows:

Every carrier subject to the provisions of the act (excepting those to which special and specific modifications have heretofore been granted) shall place in the hands and custody of its agent or other representative at every station, warehouse, or office at which passengers or freight are received for transportation, and at which a station agent or a freight agent or a ticket agent is employed, all of the rate schedules which contain rates applying from that station, or terminal or other charges applicable at that station, including the schedules issued by that carrier or by its authorized agent and those in which it has concurred. Such agent or representative shall also be provided with all changes in, cancellations of, additions to, and reissues of such publications in ample time to thus give to the public, in every case, the thirty days' notice required by the act.

Such agent or representative shall be provided with facilities for keeping such file of schedules in ready-reference order and will be required to keep said files in complete and readily accessible form. He shall also be instructed and required to give any information contained in such schedules, to lend assistance to seekers for information therefrom, and to accord inquirers opportunity to examine any of said schedules, without requiring or requesting the inquirer to assign any reason for his desire, and with all the promptness possible and consistent with proper performance of the other duties devolving upon such employees.

Each of such carriers shall also provide and each of such agents or representatives shall also keep on file a copy of the current I. C. C. issue of complete index of the tariffs of that carrier.

Each of such carriers shall also provide, either in its index or indices of tariffs (provided for in Rules 11 and 31, of Commission's tariff regulations, Tariff Circular 14-A) or in separate publication or publications which will be kept up-to-date, be given I. C. C. numbers and be filed with the Commission, an index or indices of the tariffs that are to be found in the files at each of its several stations or offices. Such index shall be kept on file and be open to inspection at each station or office as hereinbefore provided. Such indices may be arranged under a system of station numbers and alphabetical list of stations.

Each of such carriers shall require its traveling auditors to check up each station's or office's file of tariffs, unless it employs one or more traveling tariff inspectors who will make such inspections and checks.

Each of such carriers shall also provide at at least one point on its line a complete file of all the tariffs which it issues or participates in, together with complete index thereof, which file will be in charge of an employee of the carrier who will give desired information with relation to the tariffs and desired assistance to those who may wish to consult such tariff file. This file of tariffs shall be open and accessible to the public during ordinary business hours and on business days.

Each of such carriers shall also provide and cause to be posted and kept posted in two conspicuous places in every station, waiting room, warehouse, or office at which schedules are so placed in custody of agent or other representative notices printed in large type and reading as follows:

in the

"A complete public file of this company's tariffs is located at city of The rate schedules aplying from or at this station and index of this company's tariffs are on file in this office and may be inspected by any person upon application and without the assignment of any reason for such desire.

"The agent or other employee on duty in the office will lend any assistance desired in securing information from or in interpreting such schedules."

At exclusive freight stations or warehouses and at exclusive passenger stations or offices carriers may, under this order, place and keep on file only the freight or passenger schedules, respectively, and in such cases the posted notices may be varied to read "The freight (or passenger) rate schedules applying from or at (or from) this station and index of this company's freight (or passenger) tariffs are on file in this office, etc."

Full compliance with this order is required in every instance not later than

UNIFORM BILLS OF LADING.

A very important proceeding is pending before the Commission which is expected to lead to the adoption by the railroads of the country, upon the recommendation of the Commission, of a uniform bill of lading. This proceeding was originally instituted in November, 1904, upon petitions of the Illinois Manufacturers' Association and other trade and commercial organizations in Official Classification territory, complaining of the proposed enforcement by the carriers in that territory of certain changes in the so-called uniform bill of lading then generally used. After hearing, the Commission

suggested the appointment by the carriers and shippers represented of a joint committee to devise a suitable form of bill of lading and report the same to the Commission. Such a joint committee was appointed and, after numerous conferences at which the matters in question were given careful consideration, reported to the Commission, on June 14, 1907, a proposed uniform bill of lading. The petitioners and substantially all carriers in Official Classification territory having agreed upon and consented to the bill of lading form so submitted, the proceeding was thereupon enlarged to include carriers and shippers throughout the United States by an order calling upon all carriers subject to the act to show cause why the proposed form for bill of lading should not be approved and prescribed by the Commission as a just and reasonable regulation or practice to be observed by them in the future. In accordance with the Commission's order, objections to the proposed uniform bill of lading were presented to the Commission at a public hearing held on October 15, 1907. The entire record in this proceeding is now under consideration by the Commission, and a report in connection therewith will be made at the earliest practicable date. It is believed that carriers generally will adopt and put into use the bill of lading recommended by the Commission and that much practical benefit will thereby result to the shipping interests of the country.

UNIFORM CLASSIFICATION.

In the eleventh annual report of the Commission, the matter of uniform classification was treated at considerable length, and it was stated that a single classification was regarded as essential to insure compliance with the law and to promote greater economy in the administration and conduct of transportation. The view was also expressed that it was of interest and value to the carriers themselves.

It was further pointed out that the present diversity due to the various classifications results in many discriminations and losses, and that there is no single step that could be taken by the carriers which would go so far to insure the establishment of stable rates as the adoption of a single and comparatively fixed classification.

The situation as disclosed in the report referred to, of the lack of progress that had been made by the carriers in this connection in the preceding years, led the Commission to suggest that it be authorized and required to prepare such a classification, and to indorse the action which was proposed by a bill then pending in the Senate.

In reaching these conclusions the Commission was not unmindful of the work involved in making uniform the then existing Classifications, and took occasion to say: "To establish theoretical and to

some extent arbitrary classes, whether they number six or twentyfive, and to thereby provide rates for all articles which yield the necessary revenues for the carriers, do full justice to local interests and the whole country and satisfy the reasonable demands of shippers everywhere, is a task of great magnitude and presents many obvious and serious difficulties; * * * in the nature of the case there must be concessions and compromises, for it would be too much to expect that such a change in transportation methods could be effected without some friction and some losses." It was also stated that "it is evident the carriers themselves, by mutual concessions and through voluntary and harmonious action, can accomplish this reform with much less loss, embarrassment, and friction than will presumably result if Congress or some delegated tribunal establishes a classification for them."

The foregoing briefly sets forth the views of the Commission as to the desirability of a uniform freight classification; it also indicates the extent of the undertaking as well as the further view repeatedly expressed that the task is one which should be primarily left to the carriers to work out.

The Commission notes with distinct interest and satisfaction that definite steps have been taken by the carriers in different sections of the country, now operating under the three principal freight classifications, to establish a standard classification which shall take the place of the existing separate classifications. As the Commission is advised this work is now well in hand, the carriers from the different classification territories having assigned persons especially qualified for the work as their representatives on a committee which has been organized embracing the combined interests. A committee of executive officers of the same interests has also been formed, which will exercise supervision of the work to be performed by the committee first named.

From the foregoing movement, as well as from other information which has reached the Commission, it is quite evident that the carriers are impressed with the desirability of harmonizing the conflicting features of the existing classifications, for the convenience of the public as well as to bring about uniformity in the provisions of a classification, which are essentially direct factors in the charges for transportation, as also the stability in the latter which will necessarily follow under these arrangements; and it may be said that, under the organization which has now been perfected by the carriers, material progress may be expected in connection with this important matter.

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