RULES OF PRACTICE BEFORE U. S. SHIPPING BOARD I. [And succeeding paragraphs respectively numbered II, III, etc.] That the allegations in paragraph of the said complaint are ADMITTED [or DE NIED with specific averments in refutation thereof]. [After all the allegations of the complaint are so admitted or denied, respondent in succeeding separately numbered paragraphs should present an affirmative statement of the facts relied upon by way of defense.] Wherefore, the said respondent prays that the complaint herein may be dismissed. The [full corporate title] Steamship Company. ILLUSTRATIVE (Con.) State of County of ང་ SS.: on oath depose and say that I am [a member (or president) of -] the within-named respondent [on whose behalf I make this affidavit]; that I have read the foregoing answer and know the contents thereof; and that the same is true. Subscribed and sworn to before me, a notary public in and for the above-named county and State, this day of 19—. Comes now the respondent in the above-entitled cause and moves the Board to dismiss the complaint herein, and in support of said motion submits: I. That the allegations of the said complaint, as contained in paragraphs and thereof, fail to show that the United States Shipping Board has any jurisdiction over the said respondent [or over the subject matter of the said complaint]. II. That [In this and succeeding paragraphs, numbered, respectively, III, IV, etc., respondent should specify the grounds upon which the jurisdiction of the Board is challenged and should cite authorities, if any, in support of the motion to dismiss]. Wherefore, the said respondent prays that the complaint herein may be dismissed. The [full corporate title] Steamship Company. RULES OF PRACTICE BEFORE U. S. SHIPPING BOARD I, -, on oath depose and say that I am [a member (or president) of -] the within-named respondent [on whose behalf I make this affidavit]; that I have read the foregoing motion to dismiss and know the contents thereof; and that the same is submitted in good faith and not for the purpose of delay. Subscribed and sworn to before me, a notary public in and for the above-named county and State, this (SEAL) day of 19-. ILLUSTRATIVE The [full corporate title] Steamship Company, Respondent. Comes now the complainant [or respondent] in the above-entitled cause, and respectfully petitions the Board to grant a rehearing herein; and in support of said petition submits: I. That [In this and succeeding paragraphs, numbered, respectively, II, III, etc., petitioner should set forth specifically the matters claimed to have been erroneously decided, as provided in Rule XX of the Rules of Practice.]. Wherefore, your petitioner prays that a rehearing be granted in the aboveentitled cause, and that the Board enter such further order or orders in the premises as to it may seem proper. Dated at State of County of ་༨ this day of SS. 19-. on oath depose and say that I am [a member (or president) of -] the within-named petitioner [on whose behalf I make this affidavit]; that I have read the foregoing petition and know the contents thereof; and that the same is true and well founded as I verily believe. Subscribed and sworn to before me, a notary public in and for the above-named county and State, this (SEAL) I hereby certify that this statement has been checked against the records of the Steamship Company and is found correct. Date: Auditor. DECISIONS OF THE UNITED STATES SHIPPING BOARD POWERS OF REFERENCES DECISIONS OF THE UNITED STATES SHIPPING BOARD The United States Shipping Board was created to carry out the provisions of the United States Shipping Act. The Act, among other things, provided that the United States Shipping Board should promulgate regulations covering the publication and posting of tariffs; it also provided that complaints as to unreasonable or discriminatory rates should be heard and decisions rendered by the United States Shipping Board. The functions of the United States Shipping Board, in relation to formal complaints, is very similar to those of the Interstate Commerce Commission. The decisions that have been rendered by the United States Shipping Board The following are references to some of the important cases decided by the Ex Parte 1.-Alaskan Rate Investigation. Submitted May 19, 1919; decided November 14, Ex Parte 2.-Applications of Water Carriers Operating on the Atlantic Coast, Gulf of Mexico and Great Lakes for Authority to Increase Rates. Submitted August 20, 1920; decided August 24, 1920 (1 U. S. S. B., 13). Certain advances in rates, fares and charges authorized. Investigation and Suspension Docket No. 1.-Wool Rates from Boston to Philadelphia. Submitted February 2, 1921; decided February 17, 1921 (1 U. S. S. B., 20). Proposed advances on wool and related articles from Boston to Philadelphia found not justified. Suspended tariff ordered cancelled. Dockets Nos. 8 and 10.-Boston Wool Trade Association v. Merchants and Miners Transportation Company. Submitted October 27, 1921; decided December 2, 1921 (1 U. S. B. B., 24). Rates on wool and mohair in grease, scoured, nails, tops and waste, between Boston and Philadelphia found unreasonable but not unduly prejudicial. Reparation denied. Reasonable rates for future prescribed. Respondent's practice of limiting its port-to-port rates from pier to pier and not including within the application of said rates all receiving and delivering points within the switching and free lighterage limits, and water-front locations of Boston and Philadelphia, not found unreasonable or unduly prejudicial. Docket No. 11.-Boston Wool Trade Association v. Merchants and Miners Transportation Company. Submitted September 30, 1921; decided December 13, 1921 (1 U. S. S. B., 32). Practice of respondent in accepting only as less than carload traffic, and applying less than carload rates to, certain shipments of wool and related articles, not shown to be unjust or unreasonable. Practice, under existing embargoes, of accepting shipments of wool only after application for, and apportionment of, space not shown to be unduly preferential to shippers of other commodities, not unduly prejudicial to shippers of wool. Complaint dismissed. Docket No. 9.-Boston Wool Trade Association v. Eastern Steamship Lines, Incorporated. Submitted March 15, 1922; decided March 27, 1922 (1 U. S. S. B., 36). Rates on wool, mohair, camel hair and alpaca hair, when in grease and scoured, between New York and Boston, found unreasonable but not unduly prejudicial. Reparation denied. Reasonable rates for future prescribed. Docket No. 21.-Judson L. Thomson Mfg. Co. v. Eastern S. S. Lines, Inc. Submitted May 2, 1924; decided August 5, 1924 (1 U. S. S. B., 58). Rates on iron and steel rivets, brass or coppercoated, L. C. L., Boston to New York, found unreasonable. Reasonable maximum rates for the future prescribed; complainant entitled to reparation. 1 APPENDIX FORM No. 1. Uniform Domestic Straight Bill of Lading Adopted by Carriers in Official, Southern and Western Classification Territories, March 15, 1922. UNIFORM STRAIGHT BILL OF LADING (PRESCRIBED BY THE INTERSTATE COMMERCE COMMISSION) Shipper's No. Agent's No. Company RECEIVED, subject to the classifications and tariffs in effect on the date of the issue of this Bill of Lading, at.. from. 192 the property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned and destined as indicated below, which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to its usual place of delivery at said destination if on its own road or its own water line, otherwise to deliver to another carrier on the route to said destination. It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns. (The signature here acknowledges only the amount pre *If the shipment moves between two ports by a carrier by water, the law requires that the bill of lading paid.) shall state whether it is "carrier's or shipper's weight." NOTE.-Where the rate is dependent on value, shippers are required to state specifically in writing the agreed or declared value of the property. The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding Charges advanced: NOTE.-This form established by Interstate Commerce Commission in Docket 4844 (64 I. C. C., 357), October 21,1921. Agent. |