I. C. C. CONFERENCE RULINGS 404. STORAGE CHARGES ACCRUING BECAUSE OF WEATHER CONDITIONS. (March 10, 1913.)-Because of inclement weather and impassable roads, shippers failed to remove less-than-carload freight within the free time specified in the tariffs and storage charges resulted. Upon inquiry: Held, That the same rule may be applied to storage charges as to demurrage charges if so provided in the tariff. (See rulings 242 and 313. See Code of National Car Demurrage Rules.) 405. DEMURRAGE RULES APPLICABLE TO SHIPMENTS. (March 10, 1913.)—Before certain shipments were removed by the consignee at destinations amended demurrage rules became effective providing charges after certain free time had elapsed: Held, That the rules in effect at the time the shipments arrived at the demurrage point must control. (See ruling 473.) (Rescinded October 6, 1919. See ruling 473.) 406. VIOLATION OF THE FOURTH SECTION. (April 7, 1913.)—A violation of the long-and-shorthaul clause, having been canceled out of its tariffs, may not lawfully be restored by the carrier without the special authority of the Commission, even though the violation was in existence when section 4 of the act was amended on June 18, 1910. (See ruling 395.) 407. COMMISSIONS PAID BY TELEGRAPH COMPANIES. (April 7, 1913.)-It is unlawful for a telegraph company to pay to the person, firm, or company in whose building a telegraph office is located any commission on the messages received by or transmitted for that establishment. 408. NOTICES OF ORAL ARGUMENT. (April 8, 1913.)—(See current Rules of Practice.) 409. APPLICATION OF AVERAGE AGREEMENT UNDER UNIFORM DEMURRAGE RULES. (April 8, 1913.)—No average agreement made under the uniform demurrage rules may properly combine in one account the cars of more than one consignee; each average agreement must cover the business of one consignee only. Demurrage agreements may not lawfully be made with draymen or with public elevators serving various consignees? This rule is not intended to prohibit the application of the average agreement at a public elevator or warehouse so far as it applies to cars consigned to the elevator or warehouse company. (See ruling 463; also see Code of National Car Demurrage Rules.) 410. Relates to Passenger Traffic. 411. Relates to Passenger Traffic. 412. Relates to Passenger Traffic. 413. SUPPLIES SOLD TO EMPLOYEES OF CARRIER BY A CONTRACTOR NOT TO BE TRANSPORTED FREE. (April 8, 1913.)—An employment agent is under contract with an interstate carrier to furnish it with track laborers and to keep them supplied, even at remote points along its line, with provisions, foodstuffs, clothing, etc., which they purchase of him from time to time with written orders upon the carrier against their pay. The contractor does no business with the general public. Held, That the supplies may not lawfully be transported free. (See ruling 208c. Compare ruling 469.) 414. Relates to Passenger Traffic. 415. EXCHANGE OF BILLS OF LADING. (April 14, 1913.)-The exchange at an intermediate point of one bill of lading for another, showing a different consignor or consignee or a different destination, is unlawful except in connection with a reconsignment or diversion authorized in the tariff. (See ruling 227.) 416. CONSIGNEE RELIEVED OF DEMURRAGE CHARGES THAT ACCRUED AT POINT OF ORIGIN. (May 6, 1913.)—A consignee received a carload shipment, paid the freight charges thereon as agent for the shipper, sold the goods, and remitted the proceeds to the shipper after first deducting the freight charges. About six months afterwards a bill was presented to the consignee for demurrage charges which accrued at the shipping point. The demurrage charges were not shown as advance charges, but a clear bill of lading was issued by the carrier. Upon inquiry: Held, That the issuance of a clear bill of lading by the carrier and its failure to bill the demurrage as advance charges relieves the consignee from the obligation to pay the demurrage charges, and the initial carrier must look elsewhere for their payment. 418. INTERSTATE CARRIER DEFINED. (May 12, 1913.)—An electric street railway, with a large passenger traffic and a substantial intrastate freight movement, derives a very small percentage of its revenue from shipments moving between interstate points. It asserts that its entire freight service, both state and interstate, is performed as a matter of accommodation to patrons along its line. Upon inquiry: Held, That if a company engages in interstate commerce at all it thereby becomes subject to the act and is amenable to its provisions with respect to making statistical, annual, and other reports to the Commission and must file tariffs. (See rulings 197 and 368.) 419. REPARATION ON THE BASIS OF STATE RATES. (May 12, 1913.)—Upon further consideration, Conference Ruling 251 is modified as follows: The Commission will not recognize as a basis for reparation any rate that is not on file with it, except that in misrouting cases a lower state rate not on file here may be accepted as the basis for reparation when officially verified by local authorities. (See ruling 93; also Lathrop Lumber Co. v. A. G. S. R. R., 27 I. C. C., 250; and McCaull-Dinsmore Co. v. G. N. Ry., 41 I. C. C., 178.) NITL 794 NITL 794 I. C. C. CONFERENCE RULINGS 420. JURISDICTION OVER TELEPHONE COMPANIES IN PORTO RICO. (June 3, 1913.)-It is the view of the Commission that it has no jurisdiction over the service and rates of telephone companies the lines of which are wholly within Porto Rico. 421. A CARRIER MAY NOT LEASE ITS ELEVATORS AT A NOMINAL RENTAL. (June 3, 1913.)An interstate carrier desires to lease to a grain dealer at a nominai rental an elevator which has not been in use for some time, and which the carrier is anxious to dispose of because the operation of the elevator would attract business to the road. Upon inquiry: Held, That such a transaction would be illegal. (See rulings 94 and 325.) 422. JURISDICTION OVER TRAFFIC MOVING ON THROUGH BILL OF LADING TO HAWAII. (June 5, 1913.)-A steamship company filed a proportional tariff with the Commission providing export commodity rates from a port in the United States to a port in the territory of Hawaii. The traffic was covered by through bills of lading from inland points in the United States to the port of transshipment and moved under tariffs filed with the Commission. Upon inquiry: Held, that under the Panama Canal act the Commission has jurisdiction over shipments moving under the steamship company's proportional tariff. (See rulings 66, 155, 201, 354, and 401.) 423. COMBINATION RATE MAY NOT BE APPLIED UNTIL JOINT THROUGH RATE IS CANCELED. (June 5, 1913.)—A mixed carload shipment moved under a joint mixed carload rate. There was also in effect at the time of the shipment a combination carload rate on the heavier weighted commodity in the mixture and a through less-than-carload rate on the lighter weighted commodity, which made a lower charge than that based on the joint mixed carload rate. The joint mixed carload rate had not been canceled. Upon inquiry: Held, That a refund to the basis of the lower combination could not lawfully be made. 424. ABSORPTION OF SWITCHING CHARGES OF AN INDUSTRY. (June 5, 1913.)—An industry operates its own rails as a plant facility to a connection with the plant rails of another industrial concern, the latter rails, on the other side of the plant, connecting with the rails of an interstate carrier. The trunk line desires to extend its service to the rails of the first industry. The intermediate industry refuses trackage rights to the carrier but will continue itself to switch cars to it, and will accept compensation therefor from the carrier instead of from the other industry, provided this course does not subject it to the act as a common carrier. It is the view of the Commission that the service performed by the intermediate industry is a service for the shipper and not for the carrier and that the carrier may not lawfully absorb the switching charge of the intermediate industry. 425. REPARATION CLAIMS ON THE INFORMAL DOCKET. (June 5, 1913.)-Upon further consideration, Conference Ruling 376 is amended to read as follows: In special docket cases no order as to the rate for the future shall be entered where the joint rate in effect at the time of shipment exceeded the aggregate of the intermediate rates and the rates have been subsequently changed in such a manner as that at the time the order of the Commission is entered the through rate does not exceed the sum of the intermediate rates, or in cases where at the time the shipment moved the rate for a short haul was greater than the rate for a longer haul over the same line or route, in the same direction, the shorter being included within the longer distance, and the rates have been subsequently changed in such a manner that at the time the order of the Commission is entered the rate for the shorter distance does not exceed the rate for the longer distance. (Modifying ruling 200a.) 426. Relates to Passenger Traffic. 427. INDUSTRIAL SWITCHING TRACKS. (June 9, 1913.)-Restated in ruling 512. 428. PAYMENT BY RAIL CARRIERS OF ADVANCE CHARGES ON IMPORT TRAFFIC. (June 9, 1913.)—A rail carrier may not advance charges to an ocean carrier on import traffic except under a proper provision therefor in its tariffs. When such advance charges are made the freight bill of the rail line must show in separate items the charges so advanced and the charges of the inland carrier or carriers; it must also show the tariff rate or rates of the inland carrier or carriers. The name of the ocean carrier to which the charges are advanced must also be shown. In order that carriers may have time in which to adjust their tariffs in conformity herewith, this ruling will become effective on August 15, 1913. (See rulings 62 and 444; also Express Rates, Practices, Accounts, and Revenues, U. R. Op. A-980.) 429. FREE OR REDUCED RATE TRANSPORTATION TO FAMILIES AND HOUSEHOLD GOODS OF POSTAL CLERKS. (June 16, 1913.)—The law does not authorize free or reduced rate transportation for the families and household goods of postal clerks whose headquarters were changed for the convenience of a carrier. 430. Relates to Passenger Traffic. 431. Relates to Passenger Traffic. 432. WAIVER OF UNDERCHARGES. (June 18, 1913.)—(Canceled by ruling 472.) 433. SHIPPER LIABLE FOR HIS ERROR IN MARKING L. C. L. SHIPMENTS. (June 23, 1913.)— Besides being expressly so provided in the rules of all freight classifications, it is on broad general grounds the duty of a shipper correctly to mark packages of less-than-carload freight intended for transportation, and when so marked the carrier is held to a strict responsibility for their safe delivery at destination. A package of merchandise was addressed by a shipper to Lake City, Fla., instead of Lake City, S. C. Held, That the shipper making the error must bear the burden of the resulting freight charges, and the fact that the I. C. C. CONFERENCE RULINGS correct address was noted on the bill of lading is not material. (Parlin & Orendorff Plow Co. v. United States Express Co., 26 I. C. C., 561, reaffirmed. See rulings 237 and 248: also American Agricultural Chemical Co. v. B. & O. R. R. Co., 28 I. C. C., 401.) 434. Relates to Passenger Traffic. 435. DESTRUCTION OF RECORDS. (July 24, 1913.)—It is the view of the Commission that all maps, profiles, plans, specifications, estimates of work, records of engineering studies, field books, and other records pertaining to the physical property of carriers come within the prohibition of destruction contained in section 20 of the act, and as such shall not be destroyed or otherwise disposed of unless their destruction be specifically authorized in the orders of the Commission in the matter of the destruction of records. (See orders of the Commission governing the destruction of records.) 436. Relates to Passenger Traffic. 437. EMBARGOES ON ACCOUNT OF REVOLUTION IN ADJACENT FOREIGN COUNTRIES (July 25, 1913.)-Embargoes against the receipt of freight have been established by Mexican railroads at different times on account of revolutionary troubles in Mexico. Upon inquiry: Held, That interstate carriers in the United States under the special circumstances will be permitted to file with the Commission the proper application for authority to establish on short notice tariffs naming the conditions and rates under which they will return or otherwise dispose of property billed to points in Mexico, but which they have been unable to deliver because of the revolutionary conditions in that country. It is understood that the tariffs will arrange that those carriers which participated in the haul within the United States will prorate the expenses of per diem, storage, loading, and unloading of the shipments or of their return to the points of origin. 438. Relates to Passenger Traffic. 439. COMPANY MATERIAL HAULED OVER ANOTHER LINE UNDER TRACKAGE RIGHTS. (July 25, 1913.)—A carrier having trackage rights permitting it to haul general traffic may haul its own company material over the leased track as over its own rails. In the case passed upon in Conference Ruling 153 there was no arrangement for handling commercial freight over the leased track. 440. DESTRUCTION OF RECORDS. (July 25, 1913.)-An express company has retired from business and asks permission to destroy certain of its records: Held, That in the absence of special permission by the Commission the records must not be destroyed except under the rules of the Commission. 441. TARIFFS COVERING ABSORPTION OF DRAYAGE CHARGES. absorption of drayage charges being under consideration, the Commission holds: (July 25, 1913.)—The (a) Where there is an additional transfer or drayage charge in connection with a through shipment, the carriers' tariffs must specify what that charge shall be. (b) If such drayage or transfer charge is absorbed, in whole or in part, by a carrier, the tariffs must show the amount of such transfer charge that will be absorbed. (c) A drayage firm is not a proper party to a joint tariff nor is it a carrier under the provisions of our act; therefore, no tariffs can properly be filed by it. (d) There is no provision in the law which requires, and the Commission has no authority to require, a carrier to confine such drayage to one drayman or one firm of draymen. (e) The responsibility in case of loss and damage while a shipment is in charge of a truckman to whom it has been committed by the carrier is a question for the carrier to resolve, and is not for our determination. 442. FEEDING AND GRAZING IN TRANSIT. (July 25, 1913.)-Conference Ruling 17 is amended to read as follows: In connection with the published privilege of feeding and grazing in transit, or where carriers are required to feed live stock in transit, under the provision of an act approved June 29, 1906, commonly called the 28-hour law, carriers may lawfully provide in their tariffs that they will furnish feed at current market prices and bill the cost thereof, together with an addition not exceeding 10 per cent of such cost to cover the value of their services, as advance charges. 443. THROUGH RATE ONLY LAWFUL RATE FOR THROUGH SHIPMENTS. (Oct. 7, 1913.)— Upon inquiry as to whether a through distance tariff rate should be applied in cases where a combination rate, made up of a rate to an intermediate point and a distance tariff rate beyond, makes a lower through charge: Held, That the through rate is the only lawful rate. (See ruling 220g.) 444. ADVANCES OF CUSTOM-HOUSE BROKERAGE FEES. (Oct. 7, 1913.)-Rail carriers may properly advance custom-house brokerage fees and import duties and charges only when proper provision therefor is made in their published tariffs. (See rulings 7, 221, and 300.) 445. Relates to Passenger Traffic. 446. Relates to Passenger Traffic. 447. APPLICATION OF FOURTH SECTION. (Nov. 4, 1913.)—The provisions of the fourth section apply where the point of origin is in an adjacent foreign country and the intermediate point and more distant point of destination are in the United States, or where the point of origin and the intermediate point are in the United States and the more distant point of destination is in an adjacent foreign country. (See ruling 318.) I. C. C. CONFERENCE RULINGS 448. Relates to Passenger Traffic. 449. Relates to Passenger Traffic. 450. TARIFFS OF A RAILROAD SYSTEM-THE TRADE NAME. (Dec. 4, 1913.)-The tariffs and concurrences of a railroad system must show, in addition to its trade name, the corporate title or titles of the various lines of which the system is composed 451. DEMURRAGE CHARGES ON DAMAGED SHIPMENTS. (Jan. 6, 1914.)-The uncertainty of a consignee as to whether or not he will accept a damaged shipment does not justify the carrier in waiving the demurrage charges accruing on the shipment pending his decision. 452. FREE TRANSPORTATION OF PROPERTY FOR TOWNSHIPS AND COUNTIES. (Jan. 6, 1914.)-Upon inquiry: Held, That townships and counties are municipalities within the meaning of section 22 of the act to regulate commerce and carriers may lawfully transport their property free or at reduced rates. (See rulings 33, 36, 244, and 297.) 453. CHANGE OF ROUTE BY CONSIGNEE. (Jan. 6, 1914.)-Rescinded by ruling 502. 455. SALE OF PROPERTY TRANSPORTED AS BAGGAGE. (Feb. 3, 1914.)—Upon inquiry as to whether or not it is unlawful for a person to sell property transported as baggage and upon which excess baggage charges on the entire weight are paid: Held, That if the carrier's tariffs make provision for the transportation of such property at excess baggage rates on the entire weight it would not be in violation of the law to dispose of the property by sale or otherwise. (See ruling 445; also Jewelers' Protective Union v. P. R. R., 36 I. C. C., 73.) 456. WRITTEN NOTICE TO CARRIER CONSTITUTES PRESENTATION OF CLAIM. (March 2, 1914.)-Restated in ruling 510. 457. WRITTEN STATEMENTS OF RATES FURNISHED BY CARRIERS. (March 3, 1914.)—It is the understanding of the Commission that under section 6 of the act carriers are required to make written statements as to rates only in relation to shipments about to be made or shipments affected by contracts about to be entered into, and that the provisions of that section do not require carriers to expend their time and labor in making such statements upon demands therefor by individuals wishing to issue books or notices of rates, or for other purely speculative purposes. 459. Relates to Passenger Traffic. 460. TELEGRAMS AND CABLEGRAMS. (April 13, 1914.)-The practice by telegraph and cable companies of returning to patrons the original telegrams or cablegrams in support of their bills is unlawful. Such documents must be retained in conformity with the regulations of the Commission governing the destruction of records of telephone, telegraph, and cable companies 461. WATER CARRIERS CONTROLLED BY OTHER COMMON CARRIERS. (April 14, 1914.) — Section 5 of the act as amended by the Panama Canal act prohibits common carriers subject to the act to have, after July 1, 1914, any interest, directly or indirectly, in any common carrier by water, or any vessel carrying freight or passengers, with which said carrier does or may compete for traffic. The manifest purpose of this law is to bring about discontinuance of common ownership or control of water carriers except in those instances in which, after investigation and hearing, it is found that such operation is in the interest of the public or of advantage to the convenience and commerce of the people, and neither excludes, prevents, nor reduces competition on the route by water. The act does not in specific words authorize the continuance of such common ownership or control beyond July 1 1914, pending the decision of the Commission on application relative thereto; but it is provided that any application filed before July 1, 1914, may be considered and granted thereafter. It is not conceivable that the Congress intended that the service should be withdrawn from the public on July 1,1914, if for good and sufficient reasons it had been impossible for the Commission to determine the questions presented in the application before that date. Although the language employed is different, it seems that the legislative intent was similar to that expressed in the amended fourth section of the act and in the safety appliance acts. The Commission therefore interprets the amendment to section 5 of the act as contemplating and authorizing a continuance of any existing common ownership or control after July 1, 1914, between rail and other carriers and water carriers not traversing the Panama Canal until such time as the Commission has passed upon the application relative thereto, provided such application is filed with the Commission prior to July 1, 1914. 462. CARRIER MUST INVESTIGATE BEFORE PAYING CLAIMS. (April 25, 1914.)—Upon further consideration, Conference Ruling 15 is modified as follows: A carrier can not shield itself from responsibility in paying a claim by accepting the authority of a connecting line to pay it, but must ascertain the lawfulness of the claim and allow it or not upon the basis of its own investigation. This is not to be understood, however, as requiring each carrier interested in the claim to make an I. C. C. CONFERENCE RULINGS independent investigation. The principle of direct investigation embodied in the rules of the freight claim association, whereby the carrier against which a claim is presented undertakes to make the investigation for itself and for the other carriers concerned in the joint movement out of which the claim arises, is approved by the Commission as a means of expediting the adjustment of claims. In all cases, however, the investigation so made must be thorough and must disclose a lawful basis for payment before the claim is adjusted. (See ruling 236; also Charleston & W. C. Ry. Co. v. Varnville Co., 237 U. S., 597.) 463. APPLICATION OF THE AVERAGE AGREEMENT UNDER UNIFORM DEMURRAGE RULES. (May 19, 1914.)—A storage warehouse company which is specifically designated as the consignee of carloads of miscellaneous freight, the property of others, and which company is responsible for the unloading and for the detention of cars so received, may be made the subject of the average demurrage rule. Cars arriving otherwise consigned and afterwards ordered to the warehouse for storage may not be included under the average agreement with the warehouse company. (See ruling 409.) 464. INTEREST UPON OVERCHARGE CLAIMS. (May 28, 1914.)-Restated in ruling 489. 468. EXPORT AND IMPORT RATES-CONFERENCE RULING 389 RESTATED. (Dec. 23, 1914). In order to avoid controversies and questions: Held, That tariffs hereafter issued containing rates applicable to export or import traffic shall specify, by inclusion or exclusion, the countries to or from which such rates are applicable, whether such countries are or are not adjacent to the United States. In the interest of clearness, the tariffs should also specify whether or not shipments to or from Cuba, the Philippine Islands, Porto Rico, the Hawaiian Islands, or the Canal Zone are included. (See rulings 353, 359, and 369.) 469. FREE TRANSPORTATION OF SUPPLIES FOR LABORERS. (Dec. 23, 1914.)-Upon inquiry as to whether or not a carrier may transport without charge food or other supplies for the use of laborers employed on its line: Held, That such shipments may not be carried free except when shipped by an agent of the carrier acting for it and for whose actions the carrier assumes and accepts responsibility. (Compare ruling 413.) 470. SPECIAL RATES ON SHIPMENTS IN FOREIGN CARS. (Dec. 24, 1914.)-A carrier may not by tariff limit the application of certain proportional rates to shipments in cars of other carriers. 471. CHANGES IN RECONSIGNMENT CHARGES. (Jan. 19, 1915.)-At the time a shipment commenced to move from the point of origin the tariff provided four days' free time for reconsignment, but before the shipment reached the reconsigning point the time had been lawfully reduced to one day: Held, That the tariff in effect when the shipment was made applied. 472. WAIVER OF UNDERCHARGES. (May 3, 1915.)-On and after August 1, 1915, the Commission will not consider on the informal docket any application for authority to waive collection of undercharges in connection with shipments delivered subsequent to July 31, 1915. Conference Rulings 258 and 432 are hereby rescinded as of August 1, 1915. NITL 794 473. DEMURRAGE AND STORAGE RULES. (October 6, 1919.)-Upon inquiry and to remove the confusion that exists among carriers and shippers: Held, That off-track storage not in transit, track storage, and demurrage are controlled by the tariffs in effect contemporaneously with the accrual of these services, and therefore are subject to such changes as lawfully may be made in the applicable tariffs during the period of accrual; that off-track storage in transit is controlled by the tariffs in effect upon the date of shipment. (Rescinding Conference Rulings 405 and 473 of May 25, 1915.) (October 6, 1919.)—Upon inquiry and to remove the con- NIT 474. ADJUSTMENT OF CLAIMS FOR DAMAGES RESULTING FROM MISROUTING. (May 25, 1915.)—Conference Rulings 286d and 286f are amended to read as follows: (a) It is the duty of a carrier to make delivery in accordance with routing directions. Where such routing instructions have not been followed and delivery is tendered at another terminal than that designated, it remains the duty of the delivering carrier to make delivery at the terminal designated in routing instructions, either by a switch movement or by carting. In either event the additional expense involved in making such delivery must be borne entirely by the carrier responsible for the misrouting, and the reimbursement thereof to the delivering carrier may be made by the carrier at fault without a specific order of the Commission. (See ruling 214d.) (b) Restated in ruling 509. (c) The obligation lawfully rests upon the carrier's agent to refrain from executing a bill of lading which contains provisions that can not lawfully be complied with, or provisions which are contradictory and therefore impossible of execution. When, therefore, the rate and the route are both given by the shipper in the shipping instructions and the rate given does not apply via the route designated it is the duty of the carrier's agent to ascertain from the shipper whether the rate or the route given in the shipping instructions shall be followed. The carrier will be held responsible for any damages which may result from the failure of its agent to follow this course. 794 |