[INDEX TO ADMINISTRATIVE RULINGS, SEE POST, PAGE 806.]

52. Round-trip excursion fares (issued October 12, 1906).—It is the opinion of the Commission that the provisions of the amended sixth section in respect of the publishing, filing, and posting of tariffs apply to the mileage, excursion, and commutation fares authorized by the twenty-second section. Such a fare when first established or offered is held to be a change of fare which requires a notice of thirty days. No reason appears why this notice should not be given in the case of mileage fares, commutation fares, round-trip fares, or other reduced fares which, like ordinary passenger fares, are established for an indefinite period and appear to be a matter of permanent policy. Strictly excursion fares, however, covering a named and limited period, are of a different character in this regard and may properly be established on much shorter notice.

To avoid the necessity for special application in cases of this kind, the Commission has made a general order fixing the following-named time of notice of round-trip excursion fares, and carriers may govern themselves accordingly:

Fares for an excursion limited to a designated period of not more than three days may be established, without further notice, upon posting a tariff one day in advance in two public and conspicuous places in the waiting room of each station where tickets for such excursion are sold and mailing a copy thereof to the Commission. Fares for an excursion limited to a designated period of more than three days and not more than thirty days may be established upon a like notice of three days.

Fares for a series of daily excursions, such series covering a period not exceeding thirty days, may be established upon like notice of three days as to the entire series, and separate notice of the excursion on each day covered by the series need not be given.

Fares for an excursion limited to a designated period exceeding thirty days will require the statutory notice unless shorter time is allowed in special cases by the Commission.

Definition of term "limited to a designated period."-The term "limited to a designated period" used above is construed to cover the period between the time at which the transportation can first be used and the time at which it expires. If tariff names different selling dates for excursions which form a series, and the period of time between the first selling date and the last date upon which any tickets sold under the tariff may be used exceeds thirty days, the series of excursions so provided for do not come within the period of "not exceeding thirty days," and such tariff may not be issued by authority of this rule. But it is permissible to establish fares for two or more distinct and separate excursions to various points and for various occasions, each such excursion limited to a designated period of not more than thirty days, and for convenience of public and agents to announce them in a bulletin tariff under this rule. It is also permissible to show in such bulletin fares for a series of excursions between the same points, such series covering a period of more than thirty days, provided full statutory notice of such series is thereby given, and provided title-page of publication bears notation "Effective except as noted in individual items as to which full statutory notice is given.'' When such items are brought forward to another issue of bulletin they must bear notation "First announced in Bulletin No. -. I. C. C. No. —, of 190-."

No supplement to tariff under this rule.-No supplement may be issued to any tariff that is issued under this rule and title-page of tariff must so state. Every such tariff must bear notation on title-page "Issued by authority of Rule 52, Tariff Circular 15A."

53. Round-trip tickets on certificate plan (issued December 21, 1906).-Roundtrip tickets on the certificate plan may be issued at reduced fares and their use be confined to the delegates to a particular convention or to the members of a particular association or society, upon the condition that a certain number of such tickets shall be presented for validation for return trip before the reduced fare for

[ADMINISTRATIVE RULINGS AND OPINIONS.]

return trip will be granted to any. Tariffs of fares and regulations governing issuance and use of round-trip tickets on certificate plan must be regularly filed and posted, and the regulations must not be such as will operate to evade or nullify any provision of the law.

The Commission suggests that the rule should provide that not less than one hundred tickets shall be presented for validation for return trip before reduced fare will be granted to any.

Round-trip tickets on certificate plan may also be issued to Government employees going home to vote and returning to their employment.

It is represented that in many instances persons desiring to attend on some particular day of the convention are prevented from promptly returning to their homes because the minimum number of tickets required has not been presented for validation. Answering numerous inquiries, the Commission expresses the opinion that it would not be unlawful or improper for carriers to accept a satisfactory guaranty or bond of an association or society, which is entitled to and for which the roundtrip fare is made, that the minimum number of tickets will be validated or the difference between the reduced fare and the full fare paid by the association or society, thus permitting the prompt validation of tickets and reduced-return-trip fare, it being understood that if the specified number of tickets be not validated the society will, in good faith, be required to pay the difference agreed upon.

54. Changes in rates or fares (issued March 18, 1907).-Section 6 of the Act as amended June 29, 1906, provides that

"No change shall be made in the rates, fares, and charges, or joint rates, fares, and charges, which have been filed and published by any common carrier in compliance with the requirements of this section, except after thirty days' notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection."

Rate and fare changes filed and published must become effective. Rates or fares in force can only be changed on thirty days' notice. This provision plainly refers to rates and fares which have already become effective, and also applies the term "proposed changes' to rates and fares which have not become effective. It follows that after notice of a change in rates or fares has been filed and published the new rates or fares must be allowed to go into effect, and can not be withdrawn, canceled, or superseded except upon notice filed and published for at least thirty days after the date when the rates or fares have become effective. A tariff may contain a notation that rates or fares therein stated will expire upon a date therein specified which is at least thirty days subsequent to the date on which such rates or fares become legally effective, and this will be legal notice of the cancellation or withdrawal of such rates or fares. Any tariff may be changed upon statutory notice of thirty days, or, under special permission from the Commission, upon shorter notice. Therefore a provision in a tariff that the tariff or any part of it will expire upon a given date is not a guaranty that the tariff, or such part of it, will remain effective until that date. Such provision must be understood to mean that the tariff, or specified part of it, will expire upon the date named unless sooner canceled, changed, or extended in lawful way.

For good cause, Commission may allow exceptions.-Carriers must comply fully with the requirements of the law respecting the filing, publication, and taking effect of proposed rates and fares, unless upon application and for good cause shown the Commission, in the exercise of authority conferred upon it, shall allow rates or fares to be changed or withdrawn upon less than thirty-days' notice, or by formal order otherwise modify such requirements. No regulation or rule of the Commission is authority to change rates or issue tariffs on less than statutory notice unless so specifically provided in the rule or regulation.

55. Joint rate or fare greater or less than sum of locals (issued September 15, 1906). Two or more connecting carriers may establish a joint rate or fare only upon notice of thirty days or under special permission. A joint rate or fare when

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duly established and in force becomes the only lawful rate or fare for through transportation.

A through rate or fare from point of origin to destination of a shipment or passenger is the lawful rate or fare applicable to that movement, whether the rate or fare be confined to the line of one carrier or be a joint rate or fare applying over the lines of two or more carriers. (See Rules 5 and 36.)

56. Reduction of joint rate of fare to equal sum of locals (issued December 21, 1906).-Where a joint rate or fare is in effect by a given route between any points which is higher than the sum of the locals between the same points, by the same or another route, and such joint rate or fare has been in effect thirty days or longer, such higher joint rate or fare may, until further notice from the Commission, be changed by reducing the same to the sum of such locals, but not otherwise, upon posting and filing with the Commission one day in advance a supplement to the tariff in which the joint rate or fare so reduced appears, which supplement shall show the reduced rate or fare; shall bear notation that it is effective on less than statutory notice "by authority of Rule 56 of Tariff Circular 15A,'; shall show on title-page, or in connection with such item, by identifying references and I. C. C. numbers, the tariffs that contain the locals which make up the new joint rate or fare; except that, if the joint rate so reduced is contained in a strictly class rate tariff, the reduced rate will be published in a supplement to or reissue of a tariff which contains commodity rates and in which all carriers whose lines make up the route over which the rate applies have concurred, and which is issued by the same carrier or agent that issued the tariff which contained the joint rate so reduced. Such supplement or reissue must bear on its title-page, or in connection with such item, the notation: "Issued under authority of Rule 56, Tariff Circular 15A. The joint rate (or rates) hereby reduced appears in tariff, I. C. C. No. and the factors from which the new rate herein shown as equaling the sum of the locals are found in tariff, I. C .C. No. and tariff, I. C. C. No. Except when a new commodity rate is established to supersede a higher class rate this rule limits the authority to change rates or fares thereunder to changes that are announced in supplements to the tariffs in which the joint rates or fares so reduced appear, and each such supplement shall show specifically on its title-page the authority under which it is made effective on less than statutory notice and definite and distinct reference to the locals which are used to make up the reduced joint rate or fare.

Through rate or fare higher than sum of locals prima facie unreasonable.Many informal complaints are received in connection with regularly established through rates or fares which are in excess of the sum of the locals between the same points. The Commission has no authority to change or fix a rate or fare except after full hearing upon formal complaint. It is believed to be proper for the Commission to say that if called upon to formally pass upon a case of this nature it would be its policy to consider the through rate or fare which is higher than the sum of the locals between the same points as prima facie unreasonable and that the burden of proof would be upon the carrier to defend such higher through rate or fare.

57. Rates or fares to points on new lines.-On newly constructed lines of road, including branches and extensions of existing roads, individual rates and fares and also joint rates and fares may be established in the first instance by the carrier owning or operating such newly constructed line to and from points on such new line by posting a tariff of such rates or fares and filing the same with the Commission one day in advance. Such tariff must bear notation that it applies to stations on newly constructed line to or from which no rates or fares have theretofore applied, and give reference to this rule. Tariffs or supplements to tariffs issued by other carriers or joint agents establishing rates to or from or via such newly constructed line may be issued only under statutory notice or special permission for shorter time. It will be the Commission's policy to grant permissions in such instances so as to give the carrier and shippers fullest efficiency of such new lines, and in connection with the preparation of such joint publications there is ample time within which to secure such permission.

58. Requests for permission to amend tariffs on less than statutory noticeApplication to Commission-Over whose signature (issued November 16, 1906).

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The Act authorizes the Commission, in its discretion and for good cause shown, to permit changes in tariff rates or fares on less than the statutory notice. It is believed that this authority should be exercised only in instances where special or peculiar circumstances or conditions fully justify it. Confusion and complication must follow indiscriminate exercise of this authority. Applications for permission to change tariffs on short notice are received in indefinite and informal ways and over the signatures of many different officials. Some telegraphic requests are received which make no mention of verified copies and which are not followed by verified copies, as per rule previously made by the Commission. The Commission therefore announces that applications for permission to change tariffs on less than statutory notice shall be addressed to the Interstate Commerce Commission, in form specified by the Commission under date of September 17, 1906, or such amended form as may be prescribed by the Commission, and must be over signature of the president, vice-president, general traffic manager, assistant general traffic manager, general freight agent, or general passenger agent, specifying title.

The Commission requests that as far as possible these applications be sent by mail and not by telegraph. Action will be taken only on receipt of the verified application.

Where full notice was given by competing carrier (issued September 29, 1906).— Desire to meet the rates or fares of a competing road or line which has given the full statutory notice of change in rates or fares will not of itself be regarded as good cause for allowing changes in rates or fares on a notice of less than thirty days.

Amendment of joint tariffs on less than statutory notice (issued March 18, 1907).— A request from one carrier, party to a joint tariff, for permission to amend such tariff on less than statutory notice necessarily raises some question of doubt as to the wishes or concurrence of other interested carriers also parties to the tariff. It is desirable and proper that any such permission given by the Commission should affect alike all parties to the tariff that is to be amended under it. The Commission therefore decides:

Applications by carrier or agent authorized to file the tariff. That when a carrier gives an agent authority to file tariff or tariffs and supplements thereto in its name, place, and stead, or concurrence in tariff or tariffs and supplements thereto which another carrier or its agent may file thereunder, the agent or carrier to whom such authority or concurrence is given has, under the terms of the authority or concurrence, the power and the right to request, in the name and on behalf of the carriers participating in such tariff or tariffs, permission to amend same on less than statutory notice.

Request must come from one who issues the tariff.-Such requests as to joint tariff must be made by the agent or the carrier that is authorized to file the tariff and in making them form same as that prescribed for use of individual carrier shall be used, except that the request must state that it is made in the name and on behalf of all carriers that are parties to the tariff, and that formal authority to file the tariff, or formal concurrence in the tariff, is on file with the Commission from each of such carriers.

Concurring carriers bound by act of authorized agent.-Request will be signed and verified by the agent or officer who makes it, and every carrier that has, by formal authority or concurrence, made itself a party to such tariff will be held bound by the act of its agent under such authority or by its concurrence. This rule will,

in so far as is possible, be applied to tariffs now on file, and will be effective in all cases as to freight tariffs from and after May 1, 1907, and as to passenger tariffs from and after June 1, 1907.

Permission to change rates or fares on short notice limited to emergency or necessity. This authority will be exercised only in cases where actual emergency and real merit are shown. Clerical or typographical errors in tariffs constitute good cause for the exercise of this authority, but every application based thereon must plainly specify the omissions or mistakes and be presented with reasonable promptness after issuance of the defective tariff.

59. Division of joint rates or fares-Contracts and agreements for must be filed (issued November 16, 1906).-A contract, agreement, or arrangement between com

¡ADMINISTRATIVE RULINGS AND OPINIONS.]

mon carriers governing the division between them of joint rates or fares on interstate business is a contract, agreement, or arrangement in relation to traffic within the meaning of section 6 of the Act to regulate commerce, and a copy thereof must be filed with the Commission. Where such contract, agreement, or arrangement is verbal or is contained in correspondence between the parties or rests on their custom and practice, a memorandum of its terms must be filed with the Commission. Answering many inquiries as to just what is desired under this rule, the Commission states that when the agreement or arrangement under which divisions are made is in the form of a contract or formal agreement or recorded memorandum a copy of each such contract, agreement, or memorandum is to be filed with the Commission. Where such arrangement is made by correspondence or verbally, a concise memorandum of the basis and general terms and application of the arrangement or prac tice is to be filed with the Commission. The filing of the division sheets themselves is not desired.

60. Diverting traffic because of blockades-Rates and fares (issued March 18, 1907). Whenever, by reason of blockade upon the line of a carrier resulting from storm, washout, wreck, or similar casualty, it becomes necessary for it to divert to the line of another carrier passengers or freight that are in transit, the carrier so diverting its business should pay the carrier or carriers upon whose train such passengers or freight are carried regular tariff rates or fares from and to the points between which it or they transport such diverted traffic, except that if the carrier accepting such diverted traffic is participant in a joint tariff in which the diverting line is also a participant and under which the diverted traffic is being moved, settlement may be made on basis of the division of the through joint rate or fare.

Detoured or special trains, account of blockade.-If because of such blockade a carrier's train is detoured over the line of another carrier, or special train is arranged for movement of the interrupted traffic, the tariff rates or fare, if there be any for such movement, must be applied. In the absence of such tariff regulations compensation should be agreed upon.

This rule does not apply in cases of congested lines due to heavy traffic or ordinary

causes.

61. Equalizing rules or tariffs-Application of rates or fares in force on other lines unlawful (issued March 18, 1907).—In the not distant past many carriers issued circulars or tariff rules which in effect and substance stated that that carrier would meet any rate or fare made by a competitor or share in any through rate or fare made by a connecting carrier for the purpose of meeting or protecting any rate or fare via another route or gateway. Those rules plainly intended and contemplated that rates or fares which were not found in that carrier's tariffs should be applied to traffic moving over its lines.

The law makes it clear that no carrier can lawfully apply to transportation over its lines any rate, fare, or charge that is not plainly stated in its own tariffs at that time, and that all such rules as are now referred to and all practices under such rules are unlawful.

62. Free transportation of passengers in connection with shipments of propertyWhen unlawful (issued November 6, 1906).-Section 1 of the act provides that free transportation may be furnished "to necessary caretakers of live stock, poultry and fruit." This provision in the statute is construed to mean necessary caretakers of live stock, poultry, or fruit that is loaded and ready for movement, or the movement of which is actually contracted for or that is actually in transit, and may in clude free or reduced fare transportation for the return of such necessary caretakers. This transportation may be in the form of free pass or reduced fare transportation, but in any event it must be the same for all under like circumstances and must be published in the tariff governing transportation of the commodity. Tariff may provide that caretaker sent out to return with shipment that is arranged for or that is in transit will be required to pay fare going and that such fare will be refunded if person so sent does return as actual caretaker of shipment for which he is sent. But a tariff rule which provides that if a person goes out over the line with the intention of purchasing live stock and returns within a certain time with a certain number of cars of live stock the carrier will refund to him the fare paid on outgoing trip is improper and unlawful.