[PASSENGER FARE SCHEDULES.] correction. In other words, when a tariff or a supplement is issued and as to which the Commission is not given the statutory notice, it is as if it had not been issued, and full statutory notice must be given of any reissue thereof. No consideration will be given to telegraphic notices in computing the thirty days required. For tariffs and supplements issued on short notice under special permission of the Commission, and short-time excursion tariffs issued under Rule 52, full thirty days' notice is not required, but literal compliance with the requirements for notice named in said rule or in any permission granted by the Commission will be exacted and in accord with the policy and practice above outlined. Rejected schedules.—When a schedule is rejected by the Commission as unlawful, the records so show and, therefore, such schedule should not thereafter be referred to as canceled, amended, or otherwise except to note on publication issued in lieu of such rejected schedule "In lieu of -, rejected by Commission;"' nor shall the number which it bears be again used. Fares prescribed in Commission's decisions must be promulgated in tariffs.-Fares prescribed by the Commission in its decisions and orders after hearings upon formal complaints shall, in every instance, be promulgated by the carriers against which such orders are entered in duly published, filed and posted tariffs, or supplements to tariffs. Permission for less than statutory time and notation on tariff.-Unless otherwise specified in the order in the case, such tariff or supplement may be made effective upon five days' notice to the Commission and to the public, and if made effective on less than statutory notice, either under this rule or under special authority granted in the order in the case, shall bear on its title-page notation "In compliance with order of Interstate Commerce Commission in case No. Circulars announcing compliance with orders of court.-Circulars announcing or explaining the attitude and course of carriers under injunction of a court, relating to tariff fares or regulations, must not be issued as supplements to tariffs nor given I. C. C. numbers unless they are issued on statutory notice or under special permission from the Commission for shorter time. The Commission will, however, be pleased to have copies of such circulars and the information therein contained. Numerical order of I. C. C. numbers of tariffs, or explanation of missing numbers, required. Each carrier files tariffs under I. C. C. numbers, which are presumed to be used consecutively. Occasionally a tariff or supplement is received which does not bear I. C. C. number next in numerical order to that borne by the last one filed. This is sometimes occasioned by the missing number having been assigned to a tariff that is in course of preparation. Request is made that in so far as is possible carriers will file tariffs and supplements in consecutive numerical order of I. C. C. numbers. If from any cause this is not done in any instance, the tariff or supplement that is filed with an I. C. C. number that is not consecutive with the last number filed must be accompanied by a memorandum explaining as to the missing number or numbers. Two copies of tariffs must be filed.-On and after April 1, 1907, common carriers and agents are directed, in filing schedules in compliance with the statute, to transmit two (2) copies of each tariff, supplement, or other schedules of fares or regulations for the use of the Commission, both copies to be included in one package and under one letter of transmittal. Tariffs sent for filing must be addressed "Auditor Interstate Commerce Commission, Washington, D. C." 42. 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. That the [name of carrier] has made, constituted, and appointed, and by these [PASSENGER FARE SCHEDULES.] 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 passenger fare schedules 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 for 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 name by its president and to be duly attested under its corporate seal by its day of in the year Its President. 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. Form of concurrence. For concurrence in tariffs issued and filed by another carrier or its agent, forms prescribed in Rules 43 to 49, 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 fares. 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 50. This does not invalidate or change the terms or effect of any power of attorney now on file. 43. 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 concur rence 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 Passenger Department. Form PX2-No. To the Interstate Commerce Commission, Washington, D. C.: (Date) This is to certify that the [name of carrier] assents to and concurs in the publication and filing of the fare schedule described below, together with supplements [PASSENGER FARE SCHEDULES.] 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: [Official.] [Name of carrier.] By [Name of officer.] [Title of officer.] This form will be filed with the Commission by the carrier or agent who files the tariff and will accompany the tariff. 44. Form of concurrence.-Concurrence may be given by a carrier to embrace all tariffs issued by another carrier or its agent in which the concurring carrier is shown as a participating intermediate or terminal line, and after the following form: To Be Filed With the Interstate Commerce Commission. [Name of carrier in full.] General Passenger Department, Form PX3-No. -. To the Interstate Commerce Commission, (Date) Washington, D. C.: This is to certify that the [name of carrier] assents to and concurs in the publication and filing of any passenger fare 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 fares 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. Round-trip excursion fares included in concurrence.-Concurrences PX3 cover all fares issued by carrier to which given and which apply via the line of, and to but not from stations located upon the line of the carrier giving the concurrence. This is intended to reserve to the initial carrier the quotation of fares upon traffic originating on its line except when by use of another form of concurrence or power of attorney it grants authority to some other to quote such fares. Round-trip excursion fares are not, however, considered as applying to traffic orig. inating at the points where the return journey begins. Concurrences PX3 are, therefore, considered and held to include concurrence in round-trip excursion fares, stated in specific figures or in some such terms as one fare for the round trip.' 45. Form of concurrence.-Concurrence may be given by a carrier in tariffs issued by another carrier or its agent applying fares to or from its stations or via its lines, to certain described points or territories, and after the following form, modified as [PASSENGER FARE SCHEDULES.] may be necessary to confer exactly the authority intended to be granted. For granting authority to publish and file fares to and from and via its lines, and not otherwise qualified, carriers will use concurrence form PX5 or PX7, as per Rules 46 and 48. To Be Filed With the Interstate Commerce Commission. [Name of carrier in full.] General Passenger Department, Form PX4-No.-. To the Interstate Commerce Commission, (Date) Washington, D. C.: This is to certify that the [name of carrier] assents to and concurs in the publication and filing of any passenger fare 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 fares applying upon -; or between and or from ; 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. to -; or via — [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. 46. Form of concurrence.-Concurrence may be given by a carrier in tariffs issued by another carrier or its agent applying fares to and from its stations, and via its lines, and after the following form: Washington, D. C.: This is to certify that the [name of carrier] assents to and concurs in the publication and filing of any passenger fare 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 fares 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. 47. 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 PX1, concurrence in tariffs issued by him under such authority may be in the following form: This is to certify that the [name of carrier] assents to and concurs in the publication and filing of any passenger fare 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 tariff contains fares 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.] Filing. Carrier issuing this form will file the original with the Commission and will furnish duplicate to each of the carriers named in the concurrence, or, if each of those carriers has given said agent power of attorney to receive for it concurrences, original will be filed with the Commission and one duplicate may be filed with such agent instead of furnishing duplicates to each and every carrier represented by him. 48. 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 PX1, concurrence in tariffs issued by him under such authority may be in the following form: To Be Filed With the Interstate Commerce Commission. Form PX7- No. [Name of carrier in full.] General Passenger Department, To the Interstate Commerce Commission, Washington, D. C.: (Date) This is to certify that the [name of carrier], assents to and concurs in the publication and filing of any passenger fare 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 fares applying via its line, and to and 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.] Filing. Carrier issuing this form will file the original with the Commission and will furnish duplicate to each of the carriers named in the concurrence, or, if each of those carriers has given said agent power of attorney to receive for it concurrences, original will be filed with the Commission and one duplicate may be filed with such agent instead of furnishing duplicates to each and every carrier represented by him. 49. 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 PX1, concurrence in tariffs issued by him under such authority applying to or from certain points or territory may be issued in the following form modified so as to confer exactly the authority desired. |
