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(EXPRESS TARIFFS AND CLASSIFICATIONS.)

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.

21. Form of concurrence.-If two or more express companies appoint the same person as agent for the publication and filing of tariffs and supplements thereto un. der powers of attorney form EX1, concurrence in tariffs issued by him under such anthority may be in the following form:

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

(Date)-
Form EX6-No.
To the Interstate Commerce Commission,

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 [here give list of all express companies 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 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 companies to which this concurrence is given, or of their agent and attorney herein named.

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

[Title of officer.]

Filing.—The express company issuing this form will file the original with the Commission and will furnish duplicate to each of the express companies named in the concurrence, or, if each of those express companies 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 express company represented by him.

22. Form of concurrence.--If two or more express companies appoint the same person as agent for the publication and filing of tariffs and supplements thereto under powers of attorney form EX1, concurrence in tariffs issued by him under such author. ity may be in the following form:

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

(Date)-
Form EX7-No. –
To the Interstate Commerce Commission,

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 [here give list of all express companies 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 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 and from points thereon, until this authority is revoked by formal and official notices of revocation placed in the hands of the Interstate Com. merce Commission and of the express companies to which this concurrence is given, or of their agent and attorney herein named.

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

[Title of officer.]

( EXPRESS TARIFFS AND CLASSIFICATIONS.)

Filing.–The express company issuing this form will file the original with the Commission and will furnish duplicate to each of the express companies named in the concurrence, or, if each of those express companies 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 express company represented by him.

23. Form of concurrence.-If two or more express companies appoint the same person as agent for the publication and filing of tariffs and supplements thereto under powers of attorney form EX1, 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 as may be necessary to confer exactly the authority intended to be granted:

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

(Date)
Form EX8-No.
To the Interstate Commerce Commission,

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 [here give list of all express companies 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 express company, and hereby makes itself a party to and bound thereby in so far as such schedule contains rates applying upon -; or between

and
; or from

to from to points on or reached via its line; or from points on or via its line to

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 companies to which this concurrence is given, or of their agent and attorney herein named.

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

[Title of officer.)

*; or

Filing.—The express company issuing this form will file the original with the Commission and will furnish duplicate to each of the express companies named in the concurrence, or, if each of those express companies has given said agent power of attor. ney to receive for it concurrences, original will be filed with the Commission and one duplicate may be filed with such agent instead of furnishing duplicate to each and every express company represented by him.

Note.-Concurrence, form EX2, applies to individual publication named therein. Concurrence, form EX3 or EX6, confers authority to publish and file rates to, but not from, offices on line of concurring express company, and via its lines. Concur. rence, form EX5 or EX7, confers authority to publish and file rates to and from offices on line of concurring express company, and via its lines. Forms EX3, EX5, EX6, and EX7 are not to be modified except as specified in the rules. The use of these several forms as provided will therefore show by the form number just what authority has been given, except when form EX4 or EX8 is used, these forms being provided for instances which the other forms do not exactly fit.

24. NI bers of concurrences and authorizations.-Each express company will give authorizations and concurrences serial numbers, beginning with No. 1 in each series, as indicated by forms, and continuing in consecutive numbers as to each series, and keeping these numbers separate and apart from the I. C. C. numbers of tariffs.

Printing and use of authorizations and concurrences. It is suggested that for convenience in reference and filing, the powers of attorney and concurrences be printed in triplicate, consisting of a “stub," to be retained by issuing express company, an "original,” to be filed with the Commission, and a “duplicate,” to be

EXPRESS TARIFFS AND CLASSIFICATIONS.)

furnished to the agent to whom power of attorney is given, or the express company to which concurrence is given.

Revocation effective.-Notice of revocation of a concurrence will become effective forty days from the date upon which such notice is filed with the Commission and served upon the express ompany to which such concurrence was given.

Conflicting authority to be avoided.-In giving concurrences care must be taken to avoid probability of two or more agents or express companies naming conflicting rates or rules.

Express company issuing authority or concurrence is not relieved from duty of posting tariffs.—The granting of authority to issue tariffs under power of attorney, or concurrence, does not relieve the express company conferring the authority from the necessity of complying with the law with regard to posting tariffs. It may use tariffs issued under its authority for that purpose.

25. Letters of transmittal.-All tariffs that are filed with the Commission will be accompanied by a letter of transmittal, on paper 8 by 1042 inches in size, and to the following effect:

[Name of express company in full.]

(Date) Advice No. To the Interstate Commerce Commission,

Washington, D. C.: Accompanying schedule is sent you for filing, in compliance with the requirements of the act to regulate commerce, issued by Express Company, and bearing

I. C. C. No.
Supp. No.

to I. C. C. No. Effective

190—; and is concurred in by all express companies named therein as participants, under continuing concurrences or authorizations now on file with the Interstate Commerce Commission, except the following-named express companies, whose concurrences are attached hereto:

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(Signature of filing agent.) A separate letter may accompany each schedule, or the form may be modified to provide for filing under one letter as many schedules as can conveniently be entered.

Note.-If receipt for accompanying schedule is desired, the letter of transmittal must be sent in duplicate, and one copy will be stamped and returned as receipt.

ADMINISTRATIVE RULINGS AND OPINIONS. [Matter not applicable to express companies has been omitted.] 26. Changes in rates.-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 changes filed and published must become effective. Rates in force can only be changed on thirty days' notice.—This provision plainly refers to rates which have already become effective, and also applies the terms “proposed changes” to rates which have not become effective. It follows that after notice of a change in rates has been filed and published the new rates must be allowed to go into effect, and cannot be withdrawn, canceled, or superseded except upon notice filed and pub. lished for at least thirty days after the date when the rates have become effective. A tariff may contain a notation that rates therein stated will expire upon a date therein specified which is at least thirty days subsequent to the date on which such rates become legally effective, and this will be legal notice of the cancellation or withdrawal of such rates.

For good cause, Commission may allow exceptions.-Express companies must comply fully with the requirements of the law respecting the filing, publication, and taking effect of proposed rates, unless upon application and for good cause shown the Commission, in the exercise of authority conferred upon it, shall allow rates 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.

27. Joint rate greater or less than sum of locals.—Two or more connecting express companies may establish a joint rate only upon notice of thirty days or under special permission; provided, that until otherwise ordered by the Commission express companies may establish on one day's notice to the Commission and to the public, tariffs or tariff supplements naming joint rates over the lines of two or more express companies between points as to which no joint rates are in effect via their lines, provided that such joint rates, so established, do not in any way, manner, or extent, increase the rates or charges demanded from shippers. Tariffs or tariff supple. ments issued under this rule must bear notation: “Issued by authority of Rule 27, Interstate Commerce Commission's Tariff Circular No. 16-A.A joint rate when duly established and in force becomes the only lawful rate for through transporta: tion.

A through rate from point of origin to destination of a shipment is the lawful rate applicable to that movement, whether the rate be confined to the line of one express company or be a joint rate applying over the lines of two or more express companies.

28. Reduction of joint rate to equal sums of locals.-Where a joint rate 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 has been in effect thirty days or longer, such higher joint rate 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 so reduced appears, which supplement shall show the reduced rate; shall bear notation that it is effective on (ADMINISTRATIVE RULINGS AND OPINIONS.)

less than statutory notice “by authority of Rule 28, Interstate Commerce Commission's Tariff Circular No. 16-A;” 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.

Through rate higher than sum of locals prima facie unreasonable.—Many informal complaints are received in connection with regularly established through rates 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 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 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 express company to defend such higher through rate.

29. Rates to or from new offices.-An express company may establish, in the first instance, rates to or from newly opened offices of such company upon one day's notice to the Commission and the public. Statutory notice will be required as to all changes in, or additions to, the rates so filed in the first instance. Such tariffs must bear notation that they apply to newly opened offices to or from which no rates are in effect, and bear the notation: “Issued by authority of Rule 29, Interstate Commerce Commission's Tariff Circular No. 16-A.''

30. Rates on carload shipments between points as to which no carload rates are in effect.—Express companies may establish upon one day's notice to the Commission, and to the public, tariffs or supplements naming rates for carload shipments between points as to which no carload rates are in effect via their lines. Each tariff or sup. plement containing rates established under this permission must bear notation: * Issued by authority of Rule 30, Interstate Commerce Commission's Tariff Circular No. 16-A."

31. Requests for permission to amend tariffs on less than statutory notice Application to Commission-over whose signature.—The Act authorizes the Commission, in its discretion and for good cause shown, to permit changes in tariff rates on less than the statutory notice. 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 in. definite 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 a general officer of the company, 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.

Desire to meet the rates of a competing express company which has given the full statutory notice of change in rates will not of itself be regarded as good cause for allowing changes in rates on a notice of less than thirty days.

Permission to change rates on short notice limited to emergency or necessity. This authority will be exercised orly 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.

Amendment of joint tariffs on less than statutory notice. A request from one 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 parties to the tariff. It is desirable and proper that any such per. mission given by the Commission should affect alike all parties to the tariff that is to be amended under it. The Compuission therefore decides:

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