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[EXPRESS TARIFFS AND CLASSIFICATIONS.]

tariffs for posting at their offices. Such tariff must be filed by the issuing express company and such filing will constitute filing for all lawfully concurring carriers.

Send copies of joint publication to every participant therein.-The agent or the express company that issues a joint tariff publication shall at once send copies thereof to each and every carrier that is named as party thereto.

Express company must not publish rates conflicting with or duplicating rates published by its agent.-An express company that grants authority to an agent or to another express company to publish and file certain of its rates must not in its own publications publish rates that duplicate or conflict with those which are published by such authorized agent or other express company.

All State or other rates used for interstate shipments must be posted and filedAll local tariffs should have I. C. C. numbers and be posted and filed.-Rates for through shipments are often made by adding together two or more rates. All State or other rates used in combination for interstate shipments must be posted at offices and filed with the Commission, and can only be changed as to such traffic in accordance with the terms of the act. The Commission believes it proper that all local tariffs be given I. C. C. numbers and be posted and filed with the Commission in manner prescribed in the act.

14. Statutory notice or authority for shorter notice must be shown.-The act requires that all changes in rates, or in rules that affect rates, shall be filed with the Commission at least thirty days before the date upon which they are to become effective. Manifestly it is impossible for the Commission to check the items in tariffs to determine whether or not the statutory notice has been given. The titlepage of every tariff must show full thirty days' notice, or must bear a plain notation of the number and date of the permission, or the rule, or the decision of the Commission under which it is effective on less than statutory notice.

Receipt and filing of tariffs by Commission does not relieve express companies' from liability for violation of act or regulations thereunder. The law affirmatively imposes upon each express company the duty of filing with the Commission all of its tariffs and amendments thereto, as prescribed in the law or in any rule relative thereto which may be announced by the Commission, under penalty for failure so to do, or for using any rate which is not contained in its lawfully published and filed tariffs. The Commission will give such consistent assistance as it can in this respect, but the fact that receipt of a tariff, or supplement to a tariff is acknowledged by the Commission, or the fact that a tariff, or supplement to a tariff, is in the files of the Commission, will not serve or operate to excuse the express company from responsibility or liability for any violation of the law, or of any ruling lawfully made thereunder, which may have occurred in connection with the construction or filing of such tariff or supplement.

Thirty days' notice required for every publication filed-Tariffs must be delivered to Commission free from all charges or claims for postage, the full time required by law. Thirty days' notice to the public and to the Commission is required as to every publication which it is necessary for an express company to file with the Commission, regardless of what changes may or may not be effected thereby. No tariff or supplement will be accepted for filing unless it is delivered to the Commission, free from all charges or claims for postage, the full thirty days required by law before the date upon which such tariff or supplement is stated to be effective. No consideration will be given to or for the time during which a tariff or supplement may be held by the Post-Office Department because of insufficient postage. A tariff or a supplement that is received by the Commission too late to give the Commission the full thirty days' notice required by law will be returned to sender, and correction of the neglect or omission can not be made which takes into account any time elapsing between the date upon which such tariff or supplement was received and the date of attempted 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' notice required. For tariffs and supplements issued on short notice under special permission of the Commission full thirty days' notice is not required, but literal compliance with the requirements for notice named in any permission granted by the Commission will be exacted and in accord with the policy and practice above outlined.

[EXPRESS TARIFFS AND CLASSIFICATIONS.]

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 that it is issued in lieu of such rejected schedule "In lieu of rejected by Commission;"' nor

should the I. C. C. number or supplement number which it bears be again used. Rates prescribed in Commission's decision must be promulgated in tariffs.-Rates prescribed by the Commission in its decisions and orders after hearings upon formal complaints and accepted by defendants or affirmed by a court, shall, in every instance, be promulgated by the express companies 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.

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Circulars announcing compliance with orders of court.-Circulars announcing or explaining the attitude and course of express companies under injunction of a court, relating to tariff rates 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 express company 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 one last 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 express companies 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.-Express companies and their agents are directed, in filing schedules in compliance with the statute to transmit two (2) copies of each tariff, supplement, classification, or other schedule of rates or regulations, for the use of the Commission, both copies to be included in one package and under one letter of transmittal.

Address tariffs to Auditor.—Tariffs sent for filing must be addressed "Auditor Interstate Commerce Commission, Washington, D. C."

15. Issuance of classification by joint agent.-An express company 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 express company in its own issues, either as parts of individual tariffs or in a publi cation 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 express companies-Filing classification. A joint agent to whom express companies 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 express companies for which he acts under power of attorney, giving as to each the EX1 number of such authority, and must file the classification and supplements thereto on behalf of all of the express companies that have so authorized him to act for them; and such express companies will not file for themselves the classification or supplements thereto. The provisions of the law as to statutory notice must be observed in the issuance of supplements or reissue of the classification.

If express company does not authorize agent to file classification, it is bound to

[EXPRESS TARIFFS AND CLASSIFICATIONS.]

statutory notice.-If an express company fails to authorize an agent to file the classi fication 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 express companies in supplement.-A full list of participating express companies shall be shown in supplements.

Power of attorney.-In giving power of attorney for this purpose the form shown in Rule 16 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 an express company has given another express company concurrence EX4, under which it concurs in classification which that other express company or its agent may make and file, the express company to which that concurrence is given may exercise the authority by its lawfully appointed agent, and the express company which gave the authority be shown in the publication as participant under the form and number of its concurrence.

16. 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 express company 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.

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That the [name of express company] 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 express company] 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 secretary, at in the year

in the State of of our Lord nineteen hundred and

on this
day of
The [name of express company],

By

Its

President.

Attest:

Secretary.

[Corporate Seal.]

Original form to be filed with Commission and duplicate furnished agent.--The express company issuing this form will file the original with the Commission and will furnish duplicate to the agent to whom power of attorney is given.

Concurrences must be given to express companies.-For concurrence in tariffs issued and filed by another express company or its agent forms prescribed in Rules 17 to 23,

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[EXPRESS TARIFFS AND CLASSIFICATIONS.]

inclusive, will be used. Concurrences must be given to express companies named therein and authority so granted to an express company 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.

17. Form of concurrence. The following form will be used in giving concurrence in a tariff that is issued and filed by another express company or its agent and to which the express company 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 express company in full.]

Form EX2-No. -·

To the Interstate Commerce Commission,

(Date)

Washington, D. C.:

This is to certify that the [name of express company] 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 express company 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 express company 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.]

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Concurrence accompanying tariff.-This form will be filed with the Commission by the express company or agent who files the tariff and will accompany the tariff. 18. Form of concurrence.-Concurrence may be given by any express company to embrace all tariffs issued by another express company or its agent in which the concurring express company is shown as a participating intermediate or delivering line, after the following form:

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

Form EX3-No. -.

To the Interstate Commerce Commission,

(Date)

Washington, D. C.:

This is to certify that the [name of express company] assents to and concurs in the publication and filing of any rate schedule or supplement thereto which the [name of express company] or its agent may make and file, in which it is shown as a participating express company, 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 express company to which this concurrence is given.

[Name of express company.] By [Name of officer.] [Title of officer.]

[EXPRESS TARIFFS AND CLASSIFICATIONS.]

Original form to be filed with Commission and duplicate furnished express company. -The express company issuing this form will file the original with the Commission and will furnish duplicate to the express company 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 coneurrence covering traffic provided for in tariffs issued by such agents.

19. Form of concurrence.-Concurrence may be given by an express company in tariffs issued by another express company or its agent applying rates to or from its offices 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, express company will use concurrence form EX5 or EX7, as per Rules 20 and 22:

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

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(Date)

Washington, D. C.:

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

[Name of express company.] By [Name of officer.]

-; or

[Title of officer.]

express company issuing this form will file the original with the Commission and will furnish duplicate to the express company to which concurrence is given. 20. Form of concurrence.-Concurrence may be given by an express company in tariffs issued by another express company or its agent applying rates to and from its offices and via its lines and after the following form:

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

Form EX5-No. —.

To the Interstate Commerce Commission,

(Date)

Washington, D. C.:

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

[Name of express company.] By [Name of officer.]

[Title of officer.]

Original form to be filed with Commission and duplicate furnished express company. -The express company issuing this form will file the original with the Commission and will furnish duplicate to the express company to which concurrence is given.

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