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[FREIGHT TARIFFS AND CLASSIFICATIONS.]

It will be sufficient for each of the other initial carriers that uses the billing or instruction book in connection with its tariffs to give concurrence in that book, running to the carrier that issues the book, on Form FX2 or FX5; and for all carriers that participate in the publication as intermediate or terminal carriers to each give general concurrence FX3 or FX4 in the tariffs issued by the carrier granting power of attorney, or its agent.

Concurrences Form FX3 will, without modification, include the billing or instruction books issued by a carrier to which such concurrence has been given, or by its agent under power of attorney, but if such publication names or affects rates from the stations on line of concurring carrier concurrence FX2, FX4, or FX5 must be used.

16. Issuance of classification by joint agent.-A carrier may grant to a joint agent authority to publish and file for it classification and supplements thereto and exceptions to the classification; or, such exceptions may be published by the carrier in its own issues, either as parts of individual tariffs or in a publication that is given an I. C. C. number, that is filed and posted as required, and that is devoted to such exceptions. Such exceptions and changes therein may be made only on statutory notice or under special permission for shorter time.

In so far as is reasonably practicable exceptions should be included in the tariff which they affect.

I. C. C. numbers of classification-List of participating carriers-Filing classification.-A joint agent to whom carriers have extended authority under power of attorney to publish and file classification and supplements thereto must issue them under his own I. C. C. numbers, must show in the classification a list of the carriers for which he acts under power of attorney, giving as to each the FX1 number of such authority, and must file the classification and supplements thereto on behalf of all of the carriers that have so authorized him to act for them; and such carriers will not file the classification or supplements thereto for themselves. The provisions of the law as to statutory notice must be observed in the issuance of supplements or reissue of the classification.

If carrier does not authorize agent to file classification, carrier is bound to statutory notice.-If a carrier fails to authorize an agent to file the classification for it and undertakes to file it for itself, it is bound by the terms of the law as to notice of change and date of filing, both as to the classification and each supplement thereto.

Showing participating carriers in supplements.-In showing the list of participating carriers in supplement the rule prescribed in Rule 9 will be followed.

Power of attorney.-In giving power of attorney for this purpose the form shown in rule 18 may be modified by striking out from line 5 the word "tariffs,'' and, if desired from line 6 the words "and exception sheets."

Concurrence. If a carrier has given another carrier concurrence FX4, under which it concurs in classification which that other carrier or its agent may make and file, the carrier to which that concurrence is given may exercise the authority by its lawfully appointed agent, and the carrier which gave the authority be shown in the publication as participant under the form and number of its concurrence.

17. Joint tariffs issued by joint agents.—It will be permissible for an agent and attorney for certain lines to join with another agent and attorney for lines in another territory in the issuance of tariffs, naming joint through rates from points in one territory to points in the other, or "between" points in the territories represented by such agents. In doing this each of such agents acts for the lines that have given him power of attorney FX1 and for the lines that have given proper concurrences to the carriers that have given him such power of attorney; and for such lines only. I. C. C. numbers and filing. Such publication will bear I. C. C. numbers, under the serial of each of the agents, and each of the agents will file the publication and each and every supplement thereto for and on behalf of the roads for which he is attorney and agent and those that are participants under concurrences to the roads for which he is agent and attorney, just as if it were his individual publication on behalf of those carriers alone. Each of such agents will be held to strict conformity to the law and the tariff regulations regarding the construction of the tariff

[FREIGHT TARIFFS AND CLASSIFICATIONS.]

and notices of changes therein, and in filing the tariff and each and every supplement thereto.

Each agent acts only for carriers for which he has authority-Principals of each agent bound by his acts.-Under this arrangement each agent acts only for the carriers that he has due authority to act for. The principals of each are bound by the acts of their attorney and agent, and as each will file the tariff under his own I. C. C. number and for the roads which he lawfully represents the cross exchange of concurrences between all of the different roads represented on the one hand by one agent and on the other hand by the other agent will not be necessary as to that tariff.

Lists of participating carriers.-Such publication will show lists of participating carriers in the following manner: First, a list of the carriers from which one of the agents has power of attorney FX1, showing as to each the FX1 number of such authority. Second, a list of the carriers that participate under concurrences to the lines for which that agent is agent and attorney, showing the form and number of each concurrence. Third, a list of the carriers for which the other agent is agent and attorney, with the FX1 number of his authority as to each. Fourth, a list of the carriers that participate under concurrences to the lines for which that agent is agent and attorney, showing the form and number of each concurrence.

Each of these four subdivisions of the participating carriers will be indicated by plain headlines, as, for instance, "Lines for which Mr. is agent and attorney," "Participating lines under concurrences to carriers for which Mr. agent and attorney," and like notices for the other agent's lists of principals and concurring lines.

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In order to avoid confusion and complications under this plan it is essential that the agents adopting it shall perfect their understandings and that there shall be no omission or neglect on part of either about filing under lawful notice any tariff so issued or any supplement thereto.

18. Form of appointment of agent.-The following form, on paper 8 by 10% inches in size, will be used in giving authority to an agent to file for the carrier giving the authority tariffs and supplements thereto. Such authority must not be given to an association or bureau, and it may not contain authority to delegate to another power thereby conferred.

To Be Filed With the Interstate Commerce Commission.
[Name of carrier in full.]

Form FX1-No. -.

Know all men by these presents:

(Date)

That the [name of carrier] has made, constituted, and appointed, and by these presents does make, constitute, and appoint [name of person appointed] its true and lawful attorney and agent for the said company and in its name, place, and stead to file tariffs, classifications, and exception sheets and supplements thereto, as required of common carriers by the Act to regulate commerce and by regulations established by the Interstate Commerce Commission thereunder for the period of time the traffic and the territory now herein named:

And the said [name of carrier] does hereby give and grant unto its said attorney and agent full power and authority to do and perform all and every act and thing above specified as fully to all intents and purposes as if the same were done and performed by the said company, hereby ratifying and confirming all that its said agent and attorney may lawfully do by virtue hereof, and assuming full responsibility fo the acts and neglects of its said attorney and agent hereunder.

In witness whereof the said company has caused these presents to be signed in its

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Original form to be filed with Commission and duplicate furnished agent.-Carrier issuing this form will file the original with the Commission and will furnish duplicate to the agent to whom power of attorney is given. Separate authorizations will be given for freight and passenger tariffs.

Concurrences-must be given to carriers.-For concurrence in tariffs issued and filed by another carrier or its agent forms prescribed in Rules 19 to 25, inclusive, will be used. Concurrences must be given to carriers named therein and authority so granted to a carrier may be by it delegated to its lawfully appointed agent. Size of paper. All concurrences must be on paper 8 by 10%1⁄2 inches in size. Separate concurrences for freight and passenger tariffs.-Separate concurrences will be given for freight and passenger tariffs.

Note.-Experience has demonstrated that it is simpler and better to use concurrence than power of attorney in giving authority to a carrier to publish and file another carrier's rates. Provision for giving power of attorney to another carrier has, therefore, been eliminated except for the purpose of granting authority to give concurrences as provided in Rule 26.

This does not invalidate or change the terms or effect of any power of attorney now on file.

19. Form of concurrence.-The following form will be used in giving concurrence in a tariff that is issued and filed by another carrier or its agent and to which the carrier giving concurrence is a party. If given to continue until revoked, it will serve as continuing concurrence in the tariff described in the concurrence and all supplements to and reissues thereof. If provision for concurrence to continue until revoked is stricken out, a new concurrence will be required with each supplement or reissue.

To Be Filed With the Interstate Commerce Commission.
[Name of carrier in full.]

General Freight Department,
(Date)

Form FX2-No. -.

To the Interstate Commerce Commission,

Washington, D. C.:

This is to certify that the [name of carrier] assents to and concurs in the publication and filing of the rate schedule described below, together with supplements thereto and reissues thereof which the named issuing carrier or its agent may make and file, and hereby makes itself a party thereto and bound thereby, until this authority is revoked by formal and official notices of revocation placed in the hands of the Interstate Commerce Commission and of the carrier to which this concurrence is given.

Title and number: [Here give exact description of title of schedule, including number and name of series.]

Date of issue:

Date effective:

Issued by

[Official.]
[Company.]

[Name of carrier.] By [Name of officer.] [Title of officer.]

[FREIGHT TARIFFS AND CLASSIFICATIONS.]

Concurrence accompanying tariff.-This form will be filed with the Commission by the carrier or agent who files the tariff and will accompany the tariff.

20. Form of concurrence.-Concurrence may be given by any carrier to embrace all tariffs issued by another carrier or its agent in which the concurring carrier is shown as a participating intermediate or delivering line, after the following form:

To Be Filed With the Interstate Commerce Commission.
[Name of carrier in full.]

Form FX3-No. -.

General Freight Department,
(Date)

To the Interstate Commerce Commission,

Washington, D. C.:

This is to certify that the [name of carrier] assents to and concurs in the publication and filing of any freight-rate schedule or supplement thereto which the [name of carrier] or its agent may make and file, in which it is shown as a participating carrier, and hereby makes itself a party to and bound thereby in so far as such schedule contains rates applying via its line and to, but not from, points thereon, until this authority is revoked by formal and official notices of revocation placed in the hands of the Interstate Commerce Commission and of the carrier to which this concurrence is given.

[Name of carrier.] By [Name of officer.] [Title of officer.]

Original form to be filed with Commission and duplicate furnished carrier.— Carrier issuing this form will file the original with the Commission and will furnish duplicate to the carrier to which concurrence is given. This form must not be qualified in any way except to show what agents have been given power of attorney and to provide that tariffs shall not be issued under the concurrence covering traffic provided for in tariffs issued by such agents.

21. Form of concurrence.-Concurrence may be given by a carrier in tariffs issued by another carrier or its agent applying rates to or from its stations or via its lines, on certain described traffic or between certain described points or territories, after the following form, modified as may be necessary to confer exactly the authority intended to be granted. For granting authority to publish and file rates to and from and via its lines, and not otherwise qualified, carrier will use concurrence form FX5 or FX7, as per Rules 22 and 24:

To Be Filed With the Interstate Commerce Commission.
[Name of carrier in full.]

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General Freight Department,

(Date)

To the Interstate Commerce Commission,

Washington, D. C.:

This is to certify that the [name of carrier] assents to and concurs in the publication and filing of any freight-rate schedule or supplement thereto which the [name of carrier] or its agent may make and file and in which this company is shown as a participating carrier, and hereby makes itself a party to and bound thereby in so far as such schedule contains rates applying upon

and

; or from

to

-; or

between ; or via until this authority is revoked by formal and official notices of revocation placed in the hands of the Interstate Commerce Commission and of the carrier to which this concurrence is given.

[Name of carrier.] By [Name of officer.] [Title of officer.]

[FREIGHT TARIFFS AND CLASSIFICATIONS.]

Original form to be filed with Commission and duplicate furnished carrier.Carrier issuing this form will file the original with the Commission and will furnish duplicate to the carrier to which concurrence is given.

22. Form of concurrence.-Concurrence may be given by a carrier in tariffs issued by another carrier or its agent applying rates to and from its stations and via its lines and after the following form:

To Be Filed With the Interstate Commerce Commission.
[Name of carrier in full.]

Form FX5-No.-.

To the Interstate Commerce Commission,

General Freight Department,
(Date)

Washington, D. C.:

This is to certify that the [name of carrier] assents to and concurs in the publication and filing of any freight rate schedule or supplement thereto which the [name of carrier] or its agent may make and file, and in which this company is shown as a participating carrier, and hereby makes itself a party to and bound thereby in so far as such schedule contains rates applying to and from stations on its lines, and via its lines, until this authority is revoked by formal and official notices of revocation placed in the hands of the Interstate Commerce Commission and of the carrier to which this concurrence is given.

[Name of carrier.] By [Name of officer.] [Title of officer.]

Original form to be filed with Commission and duplicate furnished carrier.-Carrier issuing this form will file the original with the Commission and will furnish duplicate to the carrier to which concurrence is given. This form must not be qualified in any way, unless to show what agents have been given powers of attorney and to provide that tariffs shall not be issued under the concurrence covering traffic provided for in tariffs issued by such agents.

23. Form of concurrence.-If two or more carriers appoint the same person as agent for the publication and filing of tariffs and supplements thereto under powers of attorney form FX1, concurrence in tariffs issued by him under such authority may be in the following form:

To Be Filed With the Interstate Commerce Commission.
[Name of carrier in full.]

Form FX6-No.-.

To the Interstate Commerce Commission,

General Freight Department,

(Date)

Washington, D. C.:

This is to certify that the [name of carrier] assents to and concurs in the publication and filing of any freight rate schedule or supplement thereto which the [here give list of all roads for which the agent has powers of attorney], or either or any of them, may make and file through their agent and attorney [name of agent], and in which it is shown as a participating carrier, and hereby makes itself a party to and bound thereby in so far as such schedule contains rates applying via its line, and to but not from points thereon, until this authority is revoked by formal and official notices of revocation placed in the hands of the Interstate Commerce Commission and of the carrier to which this concurrence is given, or of its agent and attorney herein named.

[Name of carrier.] By [Name of officer.] [Title of officer.]

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