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made sufficiently full, or that sufficient of the correspondence be presented, to give a complete view and understanding of the meaning of the ruling and of the circumstances discussed, or of the inquiry answered therein.
January 15, 1908.
30. Carriers' monthly reports to be furnished in duplicate.-Beginning as of January 1, 1908, monthly reports of revenues and expenses, as provided for in the order of the Commission, bearing date July 10, 1907, shall be filed in duplicate, and on or before the last day of the month immediately following the month covered by the report shall be deposited in the United States Post-Office, postage prepaid, and plainly addressed to the Division of Statistics and Accounts, Interstate Commerce Commission, Washington, D. C.
31. Demurrage charges on astray shipments. An astray shipment of perishable merchandise was not rebilled to its proper destination, but was sold by the consignee at the point where he found it. The delivering carrier at that point had assessed demurrage charges before the shippers were able to locate the car. That carrier expressed its willingness to waive the demurrage if the Commission permits. Held, That demurrage charges stand in the same light as transportation charges and may be adjusted under Rule 74 of Tariff Circular 15-A.
February 3, 1908.
32. Demurrage charges. The delivering carrier is under obligation to collect demurrage charges assessed by it, although such charges may have accrued as the result of error on the part of another carrier.
The shipper should pay the lawfully published rate via the route over which the shipment moved, pending dispute, and then make claim for refund. The Commission, in the adjustment of misrouting claims, will not ordinarily include demurrage charges. (See Rule 81, Tariff Circular 15-A.)
When the delivering carrier demands more than the lawful rate, the consignee is released from the obligation to pay demurrage charges accruing during the pendency of the dispute as to the lawful rate.
33. Reduced transportation for federal, state and municipal governments.-Under section 22 of the act to regulate commerce, carriers may grant reduced rates for the transportation of property for the United States or for State or municipal governments, under arrangements made directly with such government and in which no contractor or other third person intervenes, without filing or posting the schedule of such rates with the Commission. (See No. 36.)
34. Coal used for steam purposes not entitled to reduced rates.-A tariff providing for reduced rates on coal used for steam purposes, or that the carrier will refund part of the regular tariff charges on presentation of evidence that the coal was so used, is improper and unlawful. That is to say that the carrier has no right to attempt to dictate the uses to which commodities transported by it shall be put in order to enjoy a transportation rate.
35. Use of state passes in interstate journeys unlawful.-Passes granted to state railroad commissioners can not lawfully be used in interstate journeys.
February 4, 1908.
36. Rates on shipments for the federal Government.-If title to property, such as postal cards, passes to the Government at the point of manufacture, the carrier may agree upon a rate to be applied for transporting it for the Government to another point, without filing a tariff with the Commission. But if the manufacturer under his contract is required to deliver to the Government at such other point, the transportation must be under the published tariff rate. In other words, if the shipment is made directly by the Government, this rate may be fixed by the carrier without posting and filing the tariff, but not otherwise. (See No. 33.)
37. Passes to caretakers.-Passes to caretakers must be in the form of trip passes limited to the journey on which the person to whom the pass runs acts as a caretaker. It may also cover the return journey. Annual or time passes to caretakers are unlawful. (See No. 1.)
38. Reparation on informal complaints.-The phrase "within a reasonable time,'' on page 2 of Special Circular No. 1, relating to "Special reparation on informal complaints," is now defined as a period of time not exceeding six months. And reparation will not be authorized by the Commission, except in cases involving special circumstances, unless the rate upon the basis of which adjustment is sought has been actually established by published tariffs within six months after the date of the shipment in question, or unless the claim is filed with the Commission within six months after the shipment moved.
March 3, 1908.
39. Accrued demurrage charges.-A shipper who had customarily paid his freight charges in checks was called upon, under a general order issued by the carrier, to pay his freight charges in cash during the recent financial disturbances. While the local agent was endeavoring to get authority from the home office of the carrier to continue to accept checks from this shipper demurrage charges accrued. Held, That they could not lawfully be refunded.
40. Printing of briefs.—Rule XIV of the Rules of Practice is amended by the following paragraph, to be inserted between the first and second paragraphs as they now stand:
"Briefs shall be printed in twelve-point type, on antique finish paper, 5% inches wide by 9 inches long, with suitable margins, double-leaded text and single-leaded citations.''
41. Division of proceeds of sale of shipment to pay freight charges.-A shipment refused by the consignee and upon which demurrage had accrued was sold by the delivering carrier, but did not realize the amount of the transportation charges and the amount paid for unloading. Upon the request of the carrier the Commission declined to express its views as to the manner in which the proceeds of the sale should be divided among the several carriers participating in the movement, that being a matter to be determined by the interested carriers for themselves.
42. Rates on return movements.-A shipment of mining machinery went to destination over the lines of one carrier and was subsequently returned for repairs over the lines of another carrier. The published tariff, to which all carriers participating in both movements were parties, provided for half rates on such return movements when over the same route as the original out-bound movement. A portion of the route of the return movement was over the line of a carrier which also formed a part of the through route over which the out-bound shipment moved. Held, That, the regular tariff rate was properly applied on the return movement; that the return movement under through billing must be treated as a unit; and that there could be no refund on the basis of the half rates for any portion of such through return movement.
43. Extension of time on through passenger tickets.-The rule heretofore announced under this head to the effect that an extension of time on a through ticket by a carrier whose line is a part of that route is binding on the lines of other carriers in the route, is now withdrawn. (See No. 23.)
44. Limitations of passenger tickets. A passenger travelling on a roundtrip ticket containing the provision that "This ticket will be good for return trip to starting point prior to midnight of date punched by selling agent in column 2. Final limit; did not reach the last connecting carrier before the date punched on the ticket. The passenger was required to pay full fare on the last connecting line. Held, That a refund could not lawfully be made.
45. Passengers on freight trains.-Upon inquiry made by a carrier the Commission holds that it may not confine the right to travel on freight trains to a particular class, such as drummers and commercial agents, but if the privilege is permitted to one class of travelers it must be open to all others on equal terms and conditions.
46. Reparation on informal pleadings, passenger tickets.-The rules of the Commission relating to reparation on informal complaints do not extend to passenger traffic, but are limited to freight traffic only. The Commission will not entertain applications for authority to refund on passenger tickets on the ground that the fare was reduced shortly after the ticket was sold.
March 9, 1908.
47. Tariff taking effect on Sunday.—Under a tariff schedule regularly filed, showing a change in published rates, it happened that the thirty days' notice required by law expired on Sunday. Held, That the tariff is lawful.
March 10, 1908.
48. May a shipper offset a claim against a carrier by deducting from freight charges on shipment?-A shipper having a money demand against an interstate carrier sought to offset it against the amount of a freight bill which he owed the carrier upon a shipment of merchandise. May this lawfully be done? Held, That the two transactions have no relation one to the other, and that such a deduction from the lawful charges on the shipment could not be made.
49. Benefit of reparation orders extends to all like shipments.-No carrier may pay any refund from its published tariff charges save with the specific authority of the Commission. When an informal or formal reparation order has been made by the Commission the principle upon which it is based extends to all like shipments, but no refunds may be made by the carrier upon such like shipments except upon specific authority from the Commission therefor.
50. When joint agent publishes a new rate between two points, without canceling the old rate duly published by one of the carriers, the old rate on that line remains in effect. The published tariffs of an interstate carrier named a rate of 20 cents on a given commodity between specified points. On October 1, 1907, under a proper power of attorney, a joint agent of all carriers serving those two points published a rate of 22 cents. He failed to cancel the 20-cent rate and it was not formally canceled by the carrier that published it until January 14, 1908. Held, That because of the failure of the joint agent and of the carrier that published it to cancel that rate in the manner required by section 6 of the act, and rule 8 of Tariff Circular 15-A, the 20-cent rate remained the lawful rate of that carrier until formally canceled on January 14, 1908.
March 11, 1908.
51. The use of Pullman cars at stop-over points can not be limited to members of a particular club.-A carrier desiring to make excursion rates to a point where a convention is to be held wishes to accord to members of certain clubs the privilege of occupying the sleeping cars while the convention is in session. Held, That the carrier may lawfully arrange an excursion rate to such point and return, the rate to include sleeping-car accommodations to and from that point with the privilege of occupying the car at that point during the convention; but that the Commission does not understand that the carrier may limit the privilege to the members of any particular club.
52. Rate eastbound can not be applied westbound unless so published.-A mixed carload of meat eastbound was diverted at the Ohio River on account of a flood, and by order of the shipper, was taken by a roundabout route to a point east of its destination and was thence hauled westbound to destination. The mixed carload rate applied on eastbound shipments, but the tariffs provided no mixed carload rate on westbound shipments. Held, That such interruption of the eastbound movement would not justify the application of a mixed carload rate on the westbound movement to destination.
53. Transit privilege not availed of can not be renewed after the expiration of the time allowed in the tariffs.-A consignor of sheep, which were being grazed in transit, was unable, because of a severe snowstorm, to get the sheep to the station before the grazing privilege expired according to the published time limit. Upon inquiry of the carrier it was held that it can not lawfully take the sheep forward on the rates which would have been applicable under the tariff had the sheep been shipped within the time limit.
March 16, 1908.
54. Demurrage on interstate shipments.-Questions of demurrage and car service on interstate shipments are within the jurisdiction of the Interstate Commerce Com
mission, which does not concur in the view that such matters, even when pertaining to interstate shipments, are within the control of State commissions.
55. Free pass to railway employee on leave of absence.-An employee who has not been suspended or dismissed from the service, but is on leave of absence and is still carried on the roll of employees of the carrier, is still an employee and as such may lawfully use free transportation.
Note. This ruling was made by the Commission on March 16, 1908; by act of Congress approved April 13, 1908, carriers were given the right to give free transportation to "furloughed, pensioned, and superannuated employees.
April 7, 1908.
56. Hours of service law-Street car companies.—Upon inquiry whether the hours of service law applies to electric street car lines which are interstate carriers: Held, That it applies to all railroads subject to the provisions of the act to regulate commerce, as amended, including street railroads when engaged in interstate com
57. Reshipping rate from primary grain markets.-May a carrier lawfully cancel its local, reconsigning, proportional, and other rates, on outbound shipments of grain from a primary market like Kansas City, where no grain originates upon which the local rate would be applicable and substitute for them a reshipping rate applicable on all outbound grain?
Responding to the inquiry the Commission approved the suggestion, but declines in advance to express approval of such reshipping rate when it makes less than the published rate from an intermediate point.
58. Declaring a false valuation in violation of section 10.-Upon an inquiry from a banking house whether it may lawfully declare a value of $5,000 upon a package of negotiable bonds of the market value of $10,000 and pay the express charges on the basis of the declared value, upon the understanding that in case of the loss of the bonds the express company will be responsible only for the amount so declared, it was held that a shipper falsely declaring the value of a package delivered to an express company for transportation violates section 10 of the act.
59. Carriers must send car through or transfer shipment en route.-Where connecting lines have united in publishing a joint through rate between two points it is the sense of the Commission that it is the duty of the carriers in the route to provide the car and permit it to go through to destination or to transfer the property en route to another car at their own expense.
60. No refund to passenger who exceeded stopover limit.-A passenger, while availing himself of a stopover privilege at a certain point in his journey, was subpœnaed as a witness in a proceeding in a civil court, and obeying the process was not able to proceed on his journey within the time limit of the stopover. As a result he was compelled to pay an additional fare from that point to destination. Held, That a refund could not lawfully be made.
61. Storage charges on trunk accruing because of injury to passenger.-The Pullman car in which a passenger was traveling was derailed and went over an embankment, resulting in an injury to a passenger, who, in consequence, was detained for some time. His trunk was taken on to destination and storage charges accrued on it until claimed by him. Held, That the storage charges might lawfully be refunded.