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concurrences, traffic agreements, divisions, authorities, powers of attorney, or other instruments whatsoever, filed with the Interstate Commerce Commission by the [name of old carrier] prior to [date] the beginning of its possession. By this tariff it also adopts and ratifies all supplements or amendments to any of the above tariffs, etc., which it has heretofore filed with said Commission.
Similar adoption notice must be filed by a receiver when assuming possession and control of a carrier's lines.
This notice may be made effective and be filed on immediate notice.
Concurrences and powers of attorney so adopted must, as soon as possible, be replaced and superseded by new concurrences and powers of attorney issued by and in the name of the new carrier or company, and in each instance canceling the concurrence or power of attorney superseded.
The carrier surrendering control of the property has no lawful right to abandon its tariffs except on lawful notice, and when it surrenders control of the property it surrenders all right to publish rates or fares applicable thereto except under proper authority from the carrier or company to whose control the property passes. It must be that the shipping public has some rights to available and lawfully applicable rates and fares over that property.
11. Amendment to Rule 11, Tariff Circular 15-A: Date of issue but no effective date for index of tariffs (adopted June 27, 1908).-Rule 11, Tariff Circular 15-A, is amended by adding thereto the following: Each index must bear on its title-page the notation "This index contains lists of tariff publications in effect on [date of issue of index]."
Each supplement to index must bear on title-page the notation "This supplement contains corrections to and as in effect on [date of issue of the supplement]."'
The title-page of index or of supplement must show the date of issue thereof, which must correspond to date shown in notations above and must not bear any effective date. The rule requiring thirty days' notice does not apply to these indexes and their supplements.
12. Amendment to Rule 37, Tariff Circular 15-A: Cancellation notice must be by supplement (adopted June 27, 1908).-Rule 37, Tariff Circular 15-A, is amended by adding thereto the following: If a tariff is canceled with the purpose of canceling entirely the fares named therein, or when, through error or omission, a later issue failed to cancel the previous issue and a tariff is canceled for the purpose of perfecting the records, the cancellation notice must not be given a new Î. C. C. number, but must be issued as a supplement to the tariff which it cancels even though such tariff may at the time have a supplement in effect. 13. Amendment to Rule 38, Tariff Circular 15-A: Show effective date of reissued items and I. C. C. reference (adopted June 27, 1908).-Rule 38, Tariff Circular 15-A, is amended by inserting as the fourth paragraph thereof the following: A tariff or a supplement which contains reissued items must not bear the notation "Effective at once, except as noted," but instead must bear the notation "Effective cept as noted in individual items." Example: "Issued Effective, except
as noted in individual items." Reissued items must bear notation "Effective [date upon which item became effective] in I. C. C. No. -;" or "Supplement No. —, to I. C. C. No. —,"
Items reissued from publications that were on file prior to June 1, 1907, may show last date and reference prior to June 1, 1907.
14. Amendment to Rule 39, Tariff Circular 15-A (adopted May 5, 1908).—Rule 39, Tariff Circular 15-A, applying only to passenger fare schedules, is amended by striking out from lines 3 and 4 of the rule the words "or a terminal."
Date of issue but no effective date for index of tariffs.-On June 27, 1908, Rule 39, Tariff Circular 15-A, was further amended by adding thereto the following: Each index must bear on its title-page the notation "This index contains lists of tariff publications in effect on [date of issue of the index]."'
Each supplement to index must bear on title page the notation "This supplement contains corrections to and as in effect on [date of issue of the supplement]."'
The title page of index or of supplement must show the date of issue thereof, which must correspond to date shown in notations above, and must not bear any effective date. The rule requiring thirty days' notice does not apply to these indexes and their supplements.
15. Amendment to Rule 82, Tariff Circular 15-A (adopted May 12, 1908).-The
opinion expressed by the Commission in Rule 82, Tariff Circular 15-A, is in strict accord with the terms and purposes of the act. The principle therein announced is adhered to. It appears, however, that within certain limits, and under proper restrictions, carriers should be permitted to avail themselves of opportunities heretofore employed of securing desired picnic excursion business, and that many church, school, and fraternal societies will thereby be assisted in legitimate and nondiscriminatory ways. The following is therefore added to Rule 82, Tariff Circular 15-A:
A carrier may, actually and in good faith, employ a person to act for it in working up passenger excursions, and make his compensation depend upon the results from his efforts, by executing contract in the following form and filing copy of same with the Commission: The kail.... Company, having arranged to run an excursion from excursion, at the following fares: Adults, to solicit to be known as the ..., residing at ...... and return, on hereby engages the services of hereby agrees to devote to this work ..; children, and develop business for said excursion. The said : adult tickets, or such portion of his time from ...... to ... ... as may be necessary, in consideration of which cents for each half ticket the ...... Rail.... Company agree to compensate him as follows: If ...... cents for each adult and their equivalent are sold, Rall... It is understood and agreed that no compensation will be paid hereunder if less than adult tickets, or their equivalent, are sold. It is understood and agreed that no part of the compensation paid by the shall be used, either directly or indirectly, to reduce the lawful Rail.... Company, or to in any other manner Company to the said published fares announced by the said violate the terms of the act to regulate commerce or any other Federal or State law regulating common carriers.
16. Redeeming unused portions of passenger tickets (adopted May 12, 1908).The unused portion of a passenger ticket, when presented by the original holder thereof to the carrier that issued it, may lawfully be redeemed by the carrier on the basis of the difference between the value of the transportation furnished by the carrier or carriers on that ticket, measured by the full tariff rates, and the amount originally paid for the ticket.
17. Validation of round trip passenger tickets (adopted May 12, 1908).-The condition that a round trip passenger fare ticket shall be validated for the original purchaser by carrier's agent at a given point is one of the conditions which affects the value of the service rendered to the passenger, and is one of the conditions that must be observed the same as the rate under which the ticket is sold, and must therefore be stated in the tariff under which it is sold. The tariff may provide for valida tion at numerous points, and it may provide for validation at any point intermediate to the original destination named in the ticket.
The conditions stated upon the ticket should not conflict with the tariff provisions, but if in any case there should inadvertently be conflict between the tariff provisions and the conditions stated on the ticket the tariff rule must govern.
SPECIAL CIRCULAR NO. 6.
USE OF TARIFFS CONTAINING LONG-AND-SHORT-HAUL CLAUSES, MAXIMA RULES, AND ALTERNATIVE RATE OR FARE PROVISIONS.
(January 7, 1908.)
The underlying principle of the Commission's tariff regulations is that the statement of rates and fares and their application shall be affirmative and definite; and the incorporation of tariff rules which make the application of the rates or fares uncertain is prohibited, as is also any method of stating rates or fares which is ambiguous.
Many tariffs that were on file before May 1, 1907, contain long-and-short-haul clauses, maxima rules, alternative rate or fare provisions, or other rules which make the application of the rates or fares uncertain, more particularly as to intermediate stations not specified in the tariff; and some such rules have, through misunderstanding, been included in tariffs that have been issued since May 1, 1907. Some carriers whose tariffs do not contain rules of the character in question have followed the practice of applying tariff rates or fares as maxima at intermediate stations except when tariffs specifically provide to the contrary.
The Commission desires and requires that at the earliest practicable date all such features and practices as are above referred to shall be eliminated from tariffs and discontinued either by supplement or by reissue of tariff. It does not underestimate the volume of work in checking of rates and fares and preparation of tariffs that is involved; it appreciates the efforts and the progress that have been made thus far; and, as an aid in simplification and directness in providing and applying lawful tariff charges, and to avoid hardship to shippers or passengers at intermediate stations which would otherwise be left without rates or fares which they have heretofore enjoyed, and with the understanding that this work will be earnestly pursued with the purpose of completing it by the date named, the Commission decides that until July 1, 1908, carriers may continue the use and present application of tariffs which were issued prior to January 15, 1908, and which contain rules of the character herein before referred to, or under which, without specific provision in the tariff therefor, the rates or fares have been applied at intermediate stations, and excepting those tariffs which, before July 1, are corrected by supplements or replaced by new issues. Tariffs issued subsequent to January 15, 1908, must not contain any such rules as are herein considered nor be applied in any manner not affirmatively provided therein.
Each carrier that has tariffs containing any of the rules referred to, or which without containing such rules are applied at stations not specified therein, will, on or before February 1, file with the Commission a statement showing by I. C. C. numbers all of the tariffs of its issue which contain such rules or which are so Ppplied. This list shall contain both local and joint tariffs that are issued by the carrier making the list; and similar lists of their issues will be furnished on the same dates by joint agents who issue tariffs for carriers. Revisions of these lists will be furnished to the Commission on the 1st of April and on the 1st of June, from which will be omitted such tariffs as have been corrected or reissued.
These statements, when checked against the Commission's tariff file, will indicate the progress that is being made in this work, and unless satisfactory headway is shown the Commission may order the immediate reissue or cancellation of tariffs in question.
Paragraph (d) of rule 4, and paragraph (c) of rule 25, Tariff Circular 14a, provide that a tariff shall contain complete alphabetical indexes of the stations from
and to which it applies. This is not to be understood as prohibiting the incorporation in a tariff of a rule providing for the affirmative and definite application of the rates or fares named in that tariff to stations not indexed and which are directly intermediate on the same line with stations that are indexed.
The permission for issuance on less than statutory notice of tariff supplements for the purpose of eliminating rules of the character referred to and of making the tariff rates or fares definitely and affirmatively applicable, as given in Commission's Special Circular No. 3, Tariff Department, of October 9, 1907, and extended in Special Circular No. 5, Tariff Department, of November 15, 1907, and in further extension notice of December 21, 1907, is hereby revoked, effective January 15, 1908. (Extended to October 1, 1908. See Bulletin No. 2, Conference Rulings, Rule 89.)
POSTING TARIFFS AT STATIONS.
IN THE MATTER OF MODIFICATION OF THE PROVISIONS OF SECTION SIX OF THE ACT WITH REGARD TO POSTING TARIFFS AT STATIONS.
(June 2, 1908.)
Under the authority conferred upon the Commission by section 6 of the act, to modify its requirements as to publishing, posting, and filing of tariffs, the Commission issues the following order, in connection with which it must be understood that each carrier has the option of availing itself of this modification of the requirements of section 6 of the act or of complying literally with the terms of the act. If such modification is accepted by a carrier it must be understood that misuse of the privileges therein extended or frequent misquotation of rates on the part of its agents will result in cancellation of the privileges as to that carrier. It should also be understood that in so modifying the requirements of the act the Commission expects a continuation by carriers of the practice of furnishing tariffs to a reasonable extent to frequent shippers thereunder:
Every carrier subject to the provisions of the act to regulate commerce (excepting those to which special and specific modifications have heretofore been granted) shall place in the hands and custody of its agent or other representative at very station, warehouse, or office at which passengers or freight are received for transportation, and at which a station agent or a freight agent or a ticket agent is employed, all of the rate and fare schedules which contain rates and fares applying from that station, or terminal or other charges applicable at that station, including the schedules issued by that carrier or by its authorized agent and those in which it has concurred. Such agent or representative shall also be provided with all changes in, cancellations of, additions to, and reissues of such publications in ample time to thus give to the public, in every case, the thirty days' notice required by the act. Such agent or representative shall be provided with facilities for keeping such file of schedules in ready-reference order, and be required to keep said files in complete and readily accessible form. He shall also be instructed and required to give any information contained in such schedules, to lend assistance to seekers for information therefrom, and to accord inquirers opportunity to examine any of said schedules, without requiring or requesting the inquirer to assign any reason for such desire, and with all the promptness possible and consistent with proper performance of the other duties devolving upon him. He shall also furnish upon request therefor quotation in writing of rates via such carrier's line not contained in the tariffs on file at that station. Carrier may arrange for such agent to refer such requests to a proper officer of the company, but the quotation must be furnished within a reasonable time and without unnecessary delay.
Each of such carriers shall also provide and each of such agents or representatives shall also keep on file copies of the current I. C. C. issues of the indices of the tariffs of that carrier.
Each of such carriers shall also provide, either in its indices of tariffs (provided for in Rules 11 and 39 of Commission's tariff regulations, Tariff Circular 15 A) or in separate publication or publications, which must be kept up to date, be given Í. C. C. numbers and be filed with the Commission, an index or indices of the tariffs that are to be found in the files at each of its several stations or offices. Such index shall be kept on file and be open to inspection at each of such several stations or offices as herein before provided. If such indices are prepared for a system of road or for a number of stations or offices they must be printed and may be arranged under a system of station numbers and alphabetical list of stations. If arranged