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 company 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 af 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 10%1⁄2 inches in size, and to the following effect:

Advice No.

[Name of express company in full.]

(Date)

Washington, D. C.:

To the Interstate Commerce Commission,

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:

(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 published 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 supplements 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 transportation.

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 supplement 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 indefinite 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 only 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 permission given by the Commission should affect alike all parties to the tariff that is to be amended under it. The Commission therefore decides:

[ADMINISTRATIVE RULINGS AND OPINIONS.]

Applications by express company or agent authorized to file the tariff.-That when an express company gives an agent authority to file tariff or tariffs and supplements thereto in its name, place, and stead, or concurrence in tariff or tariffs and supplements thereto which another express company or its agent may file thereunder, the agent or express company to whom such authority or concurrence is given has, under the terms of the authority or concurrence, the power and the right to request, in the name and on behalf of the express companies participating in such tariff or tariffs, permission to amend same on less than statutory notice.

Request must come from one who issues the tariff.-Such requests as to joint tariffs must be made by the agent or the express company that is authorized to file the tariff and in making them form same as that prescribed for use of individual carrier shall be used, except that the request must state that it is made in the name and on behalf of all parties to the tariff, and that formal authority to file the tariff, or formal concurrence in the tariff, is on file with the Commission from each of them. Concurring express companies bound by act of authorized agent.-Request will be signed and verified by the agent or officer who makes it, and every express company that has, by formal authority or concurrence, made itself a party to such tariff will be held bound by the act of its agent under such authority or by its concurrence. This rule will, in so far as is possible, be applied to tariffs now on file, and will be effective in all cases from and after August 1, 1908.

32. Division of joint rates-Contracts and agreements for must be filed.-A contract, agreement, or arrangement between express companies governing the division between them of joint rates on interstate business is a contract, agreement, or arrangement in relation to traffic within the meaning of section 6 of the act to regulate commerce, and a copy thereof must be filed with the Commission. Where such contract, agreement, or arrangement is verbal or is contained in correspondence between the parties or rests on their custom and practice, a memorandum of its terms must be filed with the Commission.

33. Diverting traffic because of blockades.—Whenever, by reason of blockade upon the line of an express company resulting from storm, washout, wreck, or similar casualty, it becomes necessary for it to divert to the line of another express company traffic that is in transit, the express company so diverting its business should pay the express company or companies upon whose line such traffic is carried regular tariff cates from and to the points between which it or they transport such diverted traffic, except that if the express company accepting such diverted traffic is participant in a joint tariff in which the diverting line is also a participant and under which the diverted traffic is being moved, settlement may be made on basis of the division of the through joint rate.

This rule does not apply in cases of congested lines due to heavy traffic or ordinary

causes.

34. Free transportation of passengers in connection with shipments of property.— Section 1 of the Act provides that free transportation may be furnished "to necessary caretakers of live stock, poultry, and fruit." This provision in the statute is construed to mean necessary caretakers of live stock, poultry, or fruit that is loaded and ready for movement, or the movement of which is actually contracted for or that is actually in transit. This transportation must be the same for all under like circumstances and must be published in the tariff governing transportation of the commodity. Tariff may provide that caretaker sent out to return with shipment that is arranged for or that is in transit will be required to pay fare going and that such fare will be refunded if person so sent does return as actual caretaker of shipment for which

he is sent.

Includes vegetables.-The Commission is of the opinion that the term ''fruit" in this connection includes perishable vegetables when shipped under conditions that render caretakers "necessary."

35. Transportation for government.-Section 22 of the Act authorizes carriers to grant free or reduced rate transportation of property for the United States, State, or municipal governments, or for charitable purposes or for exhibition at fairs and expositions. This special provision and the words "reduced rates' are construed to be special authority for carriers to depart from established tariff rates; and for such

[ADMINISTRATIVE RULINGS AND OPINIONS.]

transportation of property as is provided for in said section 22 it is not necessary for carriers to provide tariffs or observe tariff rates and regulations.

Reduction may not be made through a third party.-Reduced rates may be granted to the United States, State, or municipal governments only in instances in which the transaction is directly between the carrier and such government, and may not include those in which a contractor or other third person or party is interested.

36. Payment for transportation.-Nothing but money can be lawfully received or accepted in payment for transportation subject to the Act, whether of passengers or property, or for any service in connection therewith, it being the opinion of the Commission that the prohibition against charging or collecting a greater or less or different compensation than the established rates in effect at the time precludes the acceptance of services, property, or other payment in lieu of the amount of money specified in the published schedules.

Application of rates in force on other lines unlawful.—The law makes it clear that no carrier can lawfully apply to transportation over its lines any rate or charge that is not plainly stated in its own tariffs at that time.

37. Routing and misrouting-Refund can only be allowed by Commission or court. -Neglects or errors on part of agents of express companies resulting in misrouting shipments lead to claims of overcharge. No express company can lawfully refund any part of the lawful charge except under authority so to do from the Commission or from a court of competent jurisdiction.

Shipper may not be subjected to more expensive route or to inferior route.—An express company may not disregard the instructions of shippers as to intermediate routing, except when tariff of initial line reserves to it the right to dictate interme diate routing. If the express company is not willing to observe the intermediate routing instructions of shipper it must not execute bill of lading containing such routing. Express companies will be held responsible for routing shown in bill of lading.

Refund of overcharge caused by misrouting through error of express company's agent-Authority to adjust overcharges does not extend to cases in which agents induce shippers to route via more expensive line.-If an express company's agent misroutes a shipment and thus causes extra expense to the shipper over and above the lawful charges via another available route over which such agent had applicable rates which he could lawfully use, and responsibility for agent's error is admitted by the express company, such express company may adjust the overcharge so caused by refunding to shipper the difference between the lawful charges via the route over which shipment moves and what would have been the lawful charges on same shipment at the same time via the cheaper available route which could have been lawfully used. Such refund must in no case exceed the actual difference between the lawful charges via the different routes as specified, and must in every instance be paid in full by the express company whose agent caused such overcharge and must not be shared in by or divided with any other express company, corporation, firm, or person. This authority is limited strictly to the cases specified and to the circumstances recited and does not extend or apply to instances in which agents of express companies induce shippers to route shipments over a particular line via which a higher rate obtains than is effective via some other line.

Distinct from cases under Rule 40.-Complete distinction must be observed between cases to which this rule applies and those provided for under Rule 40.

Coöperation by and responsibility of shippers and consignees.-Shippers must bear in mind that there is a limit beyond which an agent of an express company could not reasonably be expected to know as to terminal delivery or local rates at distant points and on lines of distant companies to or with which he has no specific joint through rates. Consignors and consignees should coöperate with agents of express companies in avoiding misunderstandings and erorrs in routing and must expect to bear some responsibility in connection therewith.

38. Maximum rates not specific rates.-Rule 4 prohibits including in a tariff any rule or regulation which in any way or in any terms authorizes substituting for any rate named in the tariff a rate found in any other tariff or made up on any combination or plan other than that clearly stated in specific terms in the tariff of which the rule or regulation is a part. This rule is intended to bring about entire