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I. C. C. TARIFF RULES
made in tariff to
from the terms of the amended fourth section of the Act is permitted by authority of Intertariff. (Con.)
state Commerce Commission Fourth Section Order (or Orders), as indicated in individual
items herein. Reference to be
In connection with the item or items containing the rates or fares as to which such authority Fourth Section has been granted, specific reference to the Commission's Fourth Section Order number and date Orders.
thereof must be given, except that in instances where all of the rates or fares in the tariff or supplement are covered by one Fourth Section Order reference to the number and date thereof may be upon the title page of the publication. When a general fourth section order is referred to, the parti
cular section thereof granting such authority must be shown in addition to the order number. Reference
(d) When the Commission has denied authority to carriers to continue existing departures tariff when Fourth Section Departures from the provisions of the amended fourth section of the Act, but has not prescribed specific rates are denied.
or fares in lieu of those existing, and it becomes necessary for carriers to publish and file rates or fares in full conformity with the provisions of that section, the rates or fares so filed are required by the statute and have not been approved by the Commission. Tariffs or supplements in which they are published should not indicate that they are prescribed by, or are in compliance with, an order of the Commission. If desired, however, a clause reading substantially as follows may be shown:
Issued to bring rates (or fares) into conformity with the provisions of the Fourth Section of the Interstate Commerce Act following the issuance by the Interstate Commerce Commission of its Fourth Section Order No.
..... (date) denying carriers' application. This Rule no (e) Nothing in this rule may be construed as waiving any of the provisions of the amended waiver of amended fourth section
of Fourth Section of the Interstate Commerce Act. Act.
(Authors' Note: See conference rulings 293, 299, 304, 318, 395, 425 and 447. Also general Fourth Section Orders of the Interstate Commerce Commission as
shown on pages 360 to 367, inc.] Permission for changes on less than 78. (Adopted August 26, 1912).—Rates on freight traffic and passenger fares from a point statutory notice in in the Territory of Alaska to another point in the Territory of Alaska, or between points in said tween points in Territory, may be changed upon notice of 10 days as to reductions in rates or fares Alaska.
given to the Commission and to the public, in manner required by law. As to advances in rates or fares, full statutory notice of changes must be given to the Commission and to the public in manner required by law, unless shorter time is allowed in special cases by special permission of the Commission (see Rule 58).
Each supplement to a tariff, or each tariff publication in which reductions in rates or fares are made on less than statutory notice under authority of this Rule, shall bear on its title page the notation, “Issued under authority of Rule 78, Interstate Commerce Commission Tariff Circular 18-A.”
WAIVE RULE 9 (2) AUGUST 20, 1923. Whereas, It is alleged that the provisions of Rule 9 (e) of Tariff Circular 18-A which limit the number of supplements that may be in effect at any time and the volume of matter they may contain cause delay in the establishment of rates, which carriers are authorized to establish on one day's notice under Rules 56 and 77 of Tariff Circular 18-A.
It is ordered, That all carriers and their agents be, and they are hereby, authorized to depart from the provisions of Rule 9 (e) of Tariff Circular 18-A hereinabove referred to, both as to volume
and number of supplements, for the purpose of establishing rates under authority of Rule 56 or 77 Permission
No. of Tariff Circular 18-A, until the further order of the Commission, to the extent of permitting the 64290. Waive Rule establishment of such rates by the filing of an additional supplement to the tariff, except a tariff of cular 18-A. less than 17 pages or a loose-leaf tariff. Such supplement shall contain no other matter except as (Amended)
otherwise authorized in the next succeeding paragraph.
It is further ordered, That such special supplement may also establish the same rates between the same points, effective on lawful notice, via a longer competing line or route when rates via such longer competing line or route are not subject to Rule 77 of Tariff Circular 18-A at intermediate points.
It is further ordered, That only one such additional supplement may be in effect at any time, and that the number of effective supplements must be brought within the number permitted by Rule 9 (e) of Tariff Circular 18-A, by the next regular supplement to that tariff or by reissue, if the volume of supplemental matter to which the tariff is entitled has been exceeded by the issuance of the supplement authorized by this special permission.
I. C. C. TARIFF RULES
It is further ordered, That no such supplement may be issued to any tariff which then contains 64290. Waive Rule supplemental matter in excess of that permitted by Rule 9 (e) of Tariff Circular 18-A unless such 9 (e) of Tariff Cir-excessive supplemental matter has been specifically authorized by special permission. cular 18-A. (Amended)
It is further ordered, That each supplement containing only rates established under authority (Con.)
of Rule 56 or 77 of Tariff Circular 18-A filed under authority hereof in addition to bearing reference to Rule 56 or 77 of Tariff Circular 18-A, shall also bear on its title page the following notation:
“Departure from the provisions of Rule 9 (e) of Tariff Circular 18-A as to the volume and number of supplements is authorized by special permission of the Interstate Commerce Commission No. 64290, of August 20, 1923.”
It is further ordered, That each supplement which also contains rates via a longer competing line or route issued to meet the reduced rates established via a shorter line or route under authority of Rule 77 herein, in addition to bearing reference to Rule 77 of Tariff Circular 18-A shall also bear on its title page the following notation:
“Departure from the provisions of Rule 9 (e) of Tariff Circular 18-A as to the volume and number of supplements as authorized by special permission of the Interstate Commerce Commission No. 64290, of August 20, 1923 (amended). Rates established in Item No. railroad) are issued to meet the rates established herein between the same points under authority of Rule 77 of Tariff Circular 18-A.”
The permission does not authorize the filing of any supplements to tariffs of less than seventeen pages. It does not authorize departures from the fourth section of the Interstate Commerce Act and does not waive any of the other provisions of the Act or of the Commission's tariff rules, including Rules 56 and 77 of Tariff Circular 18-A, except as to the volume of supplemental matter and number of effective supplements for a temporary period as indicated herein, and does not extend the time for filing reissues of tariffs beyond that specified in any order, rule, or special permission of the Commission.
I. C. C. CONFERENCE RULINGS
INTERSTATE COMMERCE COMMISSION
WHEN AND HOW PUBLISHED
The rulings of the Interstate Commerce Commission in conference are announced informally from time to time through the public press, and are later brought together and published for the information of shippers, carriers, and others interested in transportation matters. The publications in which the rulings are brought together are called "Conference Rulings Bulletins.” The latest publication, made November 1, 1917, is Conference Rulings Bulletin No. 7. It contains all of the rulings promulgated by the Interstate Commerce Commission since it adopted the practice of publishing them, and takes the place of previous bulletins.
The rulings express the views of the Interstate Commerce Commission on informal inquiries involving special facts or requiring an interpretation of the law, and are to be regarded as precedents governing similar cases.
The rulings contained in Conference Rulings Bulletin No. 7, together with amendments or new rulings that have been issued since its publication (November 1, 1917), relating to freight traffic are reproduced on the following pages, to and including page 369.
CHANGES AND OMISSIONS
In the light of a wider kpowledge of the subjects involved, the Interstate Commerce Commission has withdrawn some of the rulings and modified and restated others in later rulings. In such instances the text of the original ruling has been omitted, while the number and title are shown, together with annotations indicating the status of the ruling.
Rulings relating to Passenger Traffic, the Hours-of-Service Law, etc., have been omitted, as they do not come within the scope and purpose of "The Freight Traffic Red Book.“' In such instances the numbers of the rulings have been shown with annotations indicating the subjects to which they relate.
The number shown at the beginning of each ruling is the number of the AND BATES OF ruling, and the date following the subject-matter is the date on which the ruling
Throughout the rulings, Court cases and cases formally decided by the Interstate Commerce Commission are cited, such as U. R. Op. A-367, in ruling 143; 22 I. C. C. 439, in ruling 143; 237 U. S. 94, in ruling 151; and 168 Fed. Rep. 542, in ruling 184. These citations mean, respectively:
Interstate Commerce Commission's Unreported Opinion A-367.
For Conference Tolingen
I. C. C. CONFERENCE RULINGS
(Conference Rulings Bulletin No. 7.) 1. PASSES TO CARETAKERS. (Nov. 4, 1907.)-An employee of a produce company was granted a pass for the purpose of going to a point on the carrier's lines and returning as caretaker of a carload of bananas. He was not able to secure a return shipment: Held, That the carrier must collect the full fare. (See ruling 37.)
2. TARIFFS DISTINGUISHING BETWEEN SHIPMENTS HANDLED BY STEAM AND ELECTRICAL POWER. (Nov. 4, 1907.)-An amendment to tariff provided: "The above rates will only apply on shipments handled by steam power and will not apply when handled by electrical power”: Held, That the limitation of the rates to shipments handled by steam power is unlawful and must be eliminated from the tariff. (See ruling 34.)
3. COLLECTION OF UNDERCHARGES. (Nov. 4, 1907.)-Restated in ruling 314.
4. RATES ON NEW LINES. (Nov. 11, 1907.)-Rule 44 of Tariff Circular No. 14-A, providing that rates may be established in the first instance on "new lines” without notice, was intended to apply to newly constructed lines only. (See Rule 57, Tariff Circular 18-A.)
6. FREE STORAGE CREATING DISTRIBUTING POINT FOR PRIVATE INDUSTRY. (Nov. 11, 1907.) ---Its attention being called to a tariff which, in effect, created a distributing point for a special industry by granting it free storage at that point, either in its own or the carrier's warehouses, and practically without limit as to time, the merchandise when shipped out to go on balance of through rate, the Commission expressed its disapproval
6. RECONSIGNMENT RULE WILL NOT BE GIVEN RETROACTIVE EFFECT. (Nov. 11, 1907.)-A shipment consigned to one point was reconsigned en route to another, the tariff containing no reconsignment privilege. As a consequence, local rates to and from the reconsigning point were applied and made higher than the through rate: Held, Under subsequent tariff that did not reduce rates, but incorporated a reconsignment privilege, that the benefit of such privilege could not be applied retroactively to a previous shipment, and can not be accepted as the basis for a refund on special reparation docket. (Extended in application by rulings 77 and 166. See Cady Lumber Co. v. M. P. Ry. Co., 19 I. C. C., 13; Henry v. Eastern Ry. Co., 20 I. C. C., 172; and Swift & Co. v. M. & O. R. R. Co., 39 I. C. C., 701.)
7. COMMISSIONS ON IMPORT TRAFFIC. (Nov. 18, 1907.)—The granting by carriers of commissions to persons acting as consignees on import traffic is a practice that can not be sanctioned. (See rulings 221a, 300, and 444.)
8. DEMURRAGE CHARGES RESULTING FROM STRIKES. (Nov. 18, 1907.)-The Commission has no power to relieve carriers from the obligations of tariffs providing for demurrage charges, on the ground that such charges have been occasioned by a strike. (See note to ruling 242, and ruling 358.)
9. FREE TRANSPORTATION BY CARRIERS FOR ONE ANOTHER. (Nov. 18, 1907.)-(Restated in ruling 225b.)
10. STATUTE OF LIMITATIONS. (Dec. 2, 1907.)-Claims filed with the Commission since August 28, 1907, must have accrued within two years prior to the date when they are'filed; otherwise they are barred by the statute. Claims filed on or before August 28, 1907, are not affected by the two years' limitation in the act. (See. rulings 220j, 306, and 307; also Fels & Co. v. P. R. R. Co., 23 I. C. C., 487.)
11. REDUCTION OF RATE WHEN FORMAL COMPLAINT AGAINST IT IS PENDING. (Dec. 2, 1907.-(Restated in ruling 14.)
12. TARIFF THAT FAILS TO STATE THE DATE OF ITS EFFECTIVENESS IS UNLAWFUL. (Dec. 2, 1907.)-A tariff was filed without naming a date on which it was to take effect. Does it ever become effective, and if so, when: Held, That the tariff was unlawful and has never taken effect. (See rulings 73 and 100b.)
13. TARIFFS NOT CONCURRED IN ARE UNLAWFUL. (Dec. 2, 1907.)-A properly accredited chairman of a tariff committee published tariffs for certain carriers for which he was the duly constituted attorney-in-fact for that purpose. A carrier declining to concur in his tariffs put a new cover on them and filed them as its own tariffs without securing the concurrences of the other carriers named therein: Held, That the tariffs so adopted were unlawful and could not be used by the carrier.
14. MAINTENANCE OF RATE REDUCED AFTER COMPLAINT FILED. (Jan. 6, 1908.)– On December 2, 1907, it was decided that when a rate is reduced after answer has been made and before hearing, the report disposing of the proceeding shall carry with it an order directing the defendant to maintain that rate as a maximum for not less than two years. On December 6 it was decided that orders in special reparation cases shall include a clause providing that the new rate or regulation upon the basis of which reparation is granted shall be maintained for a period of at least one year.
It is now agreed that the two years so required in orders upon formal complaints and the one year in orders in special reparation cases shall run from the date of the order and not from the date when the reduced rate or new regulation became effective. (See rulings 130, 200a, and 396.)
16. DELIVERING CARRIER MUST INVESTIGATE BEFORE PAYING CLAIMS. (Jan. 6, 1908.) — (Restated in ruling 462.)
16. DELIVERING CARRIER MUST COLLECT UNDERCHARGES. (Jan. 6, 1908.)—Even though an undercharge results from an error in billing by the initial carrier or a con
onnection, the delivering carrier must collect the undercharge. The legal expense attending its efforts to collect undercharges in such cases would seem I. C. C. CONFERENCE RULINGS
to be a valid claim against the carrier through whose fault the mistake was made. (Reaffirmed by ruling 156; see also ruling 314; also Western Classification Case, 25 I. C. C., 475.)
17. FEEDING AND GRAZING IN TRANSIT. (Jan. 1908.)-(Restated in ruling 442.) 18. Relates to Passenger Traffic.
19. EXPENSE INCURRED IN PREPARING CARS FOR SHIPMENTS CAN NOT BE PAID BY CARRIER IN THE ABSENCE OF TARIFF PROVISION THEREFOR. (Jan. 6, 1908.)- Not having box cars available for the movement of machinery, cattle cars were supplied at the request of the shipper, who lined them with tar paper and felt in order to protect his shipments from weather conditions: Held, That in the absence of tariff authority the carrier can not lawfully reimburse the shipper for the expense so incurred. (See rulings 78, 132, 267, 292, and 360.)
20. SPECIAL UNDERSTANDINGS BETWEEN SHIPPERS AND CARRIERS, NOT PUBLISHED IN THEIR TARIFFS, OF NO VALID EFFECT. (Jan. 6, 1908.)-A shipper had an understanding with agents of carriers that when he delivered shipments to them consigned to stations at which there were no agents the carriers would so advise him and hold the shipments for further direction. In a given case a carrier neglected to so advise him and to hold the shipment, but billed it and sent it forward to a nonagency station as a prepaid shipment: Held, That the shipper must pay the charges, and that no understanding of that nature, not incorporated in the published tariffs of the carrier, will operate to relieve the carrier from the duty of collecting the lawful charges. (See ruling 235.)
21. CARETAKERS OF MILK. (Jan. 6, 1908.)— The provision of law relating to the free transportation of necessary caretakers of live-stock, poultry, and fruit can not be construed to include caretakers of shipments of milk.
Note.-Under the amendatory act of June 18, 1910, free transportation may be accorded to caretakers of milk.
22. FREE CARRIAGE OF COMPANY MATERIAL. (Jan. 6, 1908.)-It is not unlawful for a carrier to return its own property free of charges, to the manufacturers thereof situated on its own line, for exchange or repair.
23. Relates to Passenger Traffic.
25. REFUND OF DRAYAGE CHARGES CAUSED BY MISROUTING. (Jan. 6, 1908.)–(Restated in ruling 509.)
26. Relates to Passenger Traffic.
29. QUOTATIONS FROM CORRESPONDENCE OF THE COMMISSION. (Jan. 13, 1908.)— The Commission requests that if extracts from its correspondence are sent out by carriers, such extracts be made sufficiently full, or that sufficient of the correspondence be presented to give a complete view and understanding of the meaning of the ruling and of the circumstances discussed, or of the inquiry answered therein.
30. CARRIERS' MONTHLY REPORTS TO BE FURNISHED IN DUPLICATE. (Jan. 15, 1908.)— Beginning as of January 1, 1908, monthly reports of revenues and expenses, as provided for in the order of the Commission bearing date July 10, 1907, shall be filed in duplicate, and on or before the last day of the month immediately following the month covered by the report shall be deposited in the United States Post Office, postage prepaid, and plainly addressed to the Bureau of Statistics and Accounts, Interstate Commerce Commission, Washington, D. C.
31. DEMURRAGE CHARGES ON ASTRAY SHIPMENTS. (Jan. 16, 1908.)--An astray shipment of perishable merchandise was not rebilled to its proper destination, but was sold by the consignee at the point where he found it. The delivering carrier at that point had assessed demurrage charges before the shippers were able to locate the car. That carrier expressed its willingness to waive the demurrage if the Commission permits: Held, That demurrage charges stand in the same light as transportation charges and may be adjusted under ruling 217 of this bulletin (formerly published as Rule 74 of Tariff Circular 15-A).
32. DEMURRAGE CHARGES. (Feb. 3, 1908.)-The delivering carrier is under obligation to collect demurrage charges assessed by it, although such charges may have accrued as the result of error on the part of another carrier. (See ruling 220f; see also note to ruling 242.)
The shipper should pay the lawfully published rate via the route over which the shipment moved, pending dispute, and then make claim for refund. The Commission, in the adjustment of misrouting claims, will not ordinarily include demurrage charges. (See ruling 220e; also Ed. Caddell & Sons v. C. & S. Ry. Co., U. R. Op. 177.)
When the delivering carrier demands more than the lawful rate, the consignee is released from the obligation to pay demurrage charges accruing during the pendency of the dispute as to the lawful rate. (See Code of National Car Demurrage Rules.)
33 REDUCED RATE TRANSPORTATION FOR FEDERAL, STATE, AND MUNICIPAL GOVERNMENTS. (Feb. 3, 1908.)—Under section 22 of the act to regulate commerce, carriers may grant reduced rates for the transportation of property for the United States, or for state or municipal governments, under arrangements made directly with such government and in which no contractor or other third person intervenes, without filing or posting the schedule of such rates with the Commission. (See rulings 36, 208, 218, 244, 311, and 452.)