"Pass John Smith, Mrs. John Smith and Miss Mary Smith, account C. & O. Agent at Richmond, Va." Every pass to an officer or employee of a carrier other than the one issuing the pass, shall indicate the name and rank of the person to, or on behalf of whom, such pass is issued, as well as the name of the carrier employing him. The Commission construes the Act, so far as it relates to railway-mail service employees, as giving such employees the right to receive free transportation when on duty in their cars, or when traveling under orders from a superior officer. The Commission does not now undertake to say how far this portion of the act to regulate commerce is modified or controlled as regards railway-mail service employees by other statutes or by contracts between carriers and the Postoffice Department. The Commission will recognize any rail or water carrier filing a tariff, joint or local, with the Commission, as a carrier subject to the Act so far as the issuance of passes to its officers and employees may be concerned. Where a carrier has no tariffs on file with the Commission, and does not acknowledge itself subject to the Commission's jurisdiction, the Commission will regard the issuance of passes to its officers or employees as unlawful, without, however, thereby passing upon the question of the jurisdiction of the Act over such carrier in so far as it may be necessary to assert such jurisdiction. In this regard reference is made to Cosmopolitan Shipping Co. v. Hamburg-American Packet Co. et al., 13 I. C. C., 266, and In Re Petition Frank Parmelee Co., 12 I. C. C., 46. By reference to these decisions it will be seen that among the carriers not subject to the Act are ocean carriers to non-adjacent foreign countries and domestic carriers by wagon, stage, or automobile. Carriers covered by these decisions are not eligible to file tariffs or receive passes. The Commission reaffirms Rule 63 of Tariff Circular 15-A of this Commission. The Commission cannot undertake, in any case, to determine whether or not individuals are within any of the classes mentioned in section 1 of the Act as eligible to receive free transportation. The Commission will not regard as unlawful allowance of use, or the use of passes merely irregular in form under this ruling, during the present calendar year. Passes, however, issued to persons not eligible to receive the same must be called in at once, as well as passes so loosely framed that persons not eligible to receive free transportation may be carried upon them. That is to say, a pass to "John Smith, family, and household servants," although irregular in form, will not be regarded by the Commission as unlawful prior to January 1, 1909. A pass, however, to "John Smith, car, and party," being susceptible of use for the transportation of persons not within the Act, should be immediately corrected. Carriers are enjoined against the destruction of records or memoranda touching the issuance of passes, and the passes themselves, coming into the hands of the carriers after use, must, until further order of the Commission, be retained for a period of not less than five years. INDEX TO ADMINISTRATIVE STATE COMMERCE COMMISSION. in RULINGS OF THE INTER- Tariff Circular No. 15-A. (See page 681.) Supplement No. 1 to Tariff Circular No. 15-A. (See page 745.) Tariff Circular No. 16-A. (See page 759.) Bulletin No. 1 Conference Rulings. (See page 787.) Bulletin No. 2 Conference Rulings. (See page 797.) [Figures indicate sections. Figures preceded by "S" refer to sections in Supple- Absorption of switching charges under tariffs must be paid by carrier. Act of God, hours of service law does not apply... Advance charges- carrier may sell feed for feeding in transit.... to boats, not common carriers, forbidden. Agent- Commission will not intervene between carrier and agent. error admitted, refund permitted.. may request short notice. new rate not canceling old; old rate effective. for short notice by mail and not by telegraph. Application of rates- blockade, detoured traffic.... equalization via other routes. specific joint through rates. Astray shipments- demurrage on may be adjusted under Rule 74. return of Attorney-in-fact files tariff, nonconcurring carrier refiles, unlawful. Authority of Commission required before refunding on basis of Baggage companies, no passes to, except baggage agents. Bills of lading- responsible for routing shown..... to show inland rate on imports and exports.. Boats, advancing charges to, when not common carriers, forbidden.. immediate payment Both directions, rates to apply only if so published.. Briefs, 12-point, antique paper, 5% by 9 inches double leaded text.. Cancellation, new rate not canceling old, later remains effective. Car and party pass should be immediately corrected. Cars destroyed, foreign line returns trucks to owner. "fruit" includes perishable vegetables... going out to buy and failing, must pay fare. in connection with express shipments.. newspaper messengers not.. no pass going out to purchase. of stock, poultry, and fruit does not include milk. only for trip, not annual passes to, to buy bananas. Car fitting, no reimbursement to shippers for fitting cars unless in Carload minimums- 60 83 33 33 :88: 62 68 52 40 ... 24 50 96 S5 62 34 62 65 62 21 37 1 19 78 Carrier's lease to industry for shipments may be unlawful. 645 95 employees of, no passes..... ocean carriers, wagon, stage, and automobile, no passes. Car service within jurisdiction of Commission on interstate shipments. Charter, lawful for carrier to publish rate for movement of engine Circulars, distribution of Circus outfits, transportation of. Claims- carrier must investigate before paying.... 15 68 filed since Aug. 28, 1907, limited within two years of filing; filed on or before Aug. 28, 1907, not limited... 81 10 shipper may not deduct from freight charges. 48 53 54 26 63 35 82 80 42 69 1 Class and commodity rates on same article in same tariff.. Cleaning-in-transit- 76 included in transit privileges, but not retroactive. 6 77 tonnage not to be substituted... 355 85 Coal for steam, not entitled to reduced rates. 34 Collection of undercharges from consignees. 3 Collection expenses for undercharge, valid against carrier in fault.. 16 72 Commissioners of States not to use passes on interstate journeys. 35 82 Commissions on import traffic to consignees, not sanctioned. takes commodity out of classification.. 84 84 Commutation fares, thirty days' notice.. 52 Commutation State ticket may be used on interstate journey. pending complaint, order to require that rate two years. 14 pending special reparation, one year from order.. 14 Concurrences- attorney files tariff, nonconcurring carrier refiles, unlawful.. Connecting line, through route, must go through or transfer. must pay lawful charges, though carrier neglects promise. Contracts between railroads and telephone and telegraph companies Contracts for divisions of joint rates must be filed.. Contractors for material entitled to passes, if provision in contract. of Commission must be quoted in full.. of effectiveness, if omitted in first tariff, it becomes effective as tariff with no effective date, unlawful Deadheading, not on duty under hours of service law.. Commission's rule not retroactive.... Delay invalidates excursion ticket, refund permitted.. must collect demurrage, though another carrier at fault... must investigate claims before paying.. Demurrage- accrued while agent awaited authority, no refund.. and car service in jurisdiction of Commission.. delivering carrier obliged to collect.. 27 none, pending dispute over rates, if carrier wrong. 32 rule as to private tank cars applies to all private cars. 79 rules must be specific, not discretionary... S3 sale of shipment to pay rates, and carriers divide. 41 under I. C. C., not State authorities.. S 3 Destination, change of, a reconsignment.. S2 72 Detoured train pays regular rate... Distance tariff, Rule 10, 15-A... Distributing point for private industry, free storage, disapproved.. 60 84 80 42 shipment sold for freight charges, carriers must divide.. Doors, grain, no reimbursement to shipper for attaching to cars, carriers may provide on their lines.. on railroad, must not serve public with cheap-rate food. Effective date- if omitted in first tariff, effective when filed........... of tariff, if none fixed, unlawful, never effective. of tariff Sunday, lawful Electricity, tariffs barring, unlawful.. Emergency as basis for short notice.. Employees- April 13, 1908, passes to furloughed, pensioned, and superannuated. of newspapers not to be carried under commodity rates on news- agent failed to indorse ticket sold at reduced rate; carrier's loss.. of companies' agents may be adjusted.. Excursion- can not limit Pullman stop-over to one club... fares, limited, may be on short notice.... |