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SUPPLEMENT NO. 1

TO TARIFF CIRCULAR 15-A.

ISSUED BY ORDER OF THE

COMMISSION.

EFFECTIVE AS NOTED IN INDIVIDUAL ITEMS.

CONTENTS.

Transportation for Government..

Reconsignment privileges and rules.

Demurrage on interstate shipment..

Loading of new cars.....

Demurrage on privately owned cars....

Transportation of trucks of cars destroyed on foreign lines.

Substituting tonnage at transit point...

Amendment to Rule 7, Tariff Circular 15-A.

Amendment to Rule 8, Tariff Circular 15-A.

Amendment to Rules 9 and 38, Tariff Circular 15-A.

Amendment to Rule 11, Tariff Circular 15-A.

Amendment to Rule 37, Tariff Circular 15-A.

Sections.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

Amendment to Rule 38, Tariff Circular 15-A.
Amendment to Rule 39, Tariff Circular 15-A .
Amendment to Rule 82, Tariff Circular 15-A.
Redeeming unused portions of passenger tickets.
Validation of round trip passenger tickets.

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16

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SUPPLEMENT NO. 1 TO TARIFF CIRCULAR 15-A.

ISSUED BY ORDER OF THE COMMISSION-EFFECTIVE AS NOTED IN INDIVIDUAL ITEMS.

[Index to Administrative Rulings, See Post, Page 806.]

1. Transportation for Government (adopted April 18, 1908).—Section 22 of the act authorizes the carriage, storage or handling of property free or at reduced rates for the United States, State, or municipal governments. As has before been decided, such transportation can be granted without the publishing and filing of a tariff therefor only in instances where the arrangement is directly between such government and the carrier; but it is considered permissible for carriers to incorporate in their lawful tariffs special rates for the United States, State, or municipal governments applicable only to traffic consigned to such United States, State, or municipal government by name, in care of a recognized officer thereof.

2. Reconsignment privileges and rules (adopted May 5, 1908).—Usually the combination of local rates is higher than the through rate. Frequently a shipper desires to forward a shipment to a certain point and have the privilege of changing the destination or consignee while shipment is in transit or after it arrives at destination to which originally consigned and to forward it under the through rate from point of origin to final destination. Many carriers grant such privilege and generally make a charge therefor.

The privilege is of value to the shipper, and in order to avoid discrimination it is necessary for carrier that grants such privilege to publish in its tariff that fact, together with the conditions under which it may be used and the charge that will be made therefor. Such rules should be stated in terms that are not open to misconstruction.

Change of destination is a reconsignment, unless otherwise provided in tariff.-Some carriers do not count a change of consignee which does not involve a change of destination as a reconsignment, while others do consider it a reconsignment and charge for it as such. The Commission holds the view that, without specific qualification, the term "reconsignment" includes changes in destination, routing, or consignec. If carrier wishes to distinguish between such changes in its privileges or charges it must so specify in its tariff rules. Reconsignment rules and charges must be reasonable, and a charge that would be reasonable for a diversion or change of desti nation might be unreasonable when applied to a simple change in consignee which did not involve change in destination or more expensive delivery.

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3. Demurrage on interstate shipment (adopted May 12, 1908).-The act requires that carriers shall publish, post, and file "all terminal charges which in anywise change, affect, or determine the value of the service rendered to the passenger, shipper, or consignee," and all such charges become a part of the "rates, fares, and charges" which the carriers are required to demand, collect, and retain. Such terminal charges include demurrage charges.

Demurrage on interstate shipments within jurisdiction of Interstate Commerce Commission.-On March 16, 1908, the Commission decided that demurrage rules and charges applicable to interstate shipments are governed by the act to regulate commerce, and therefore are within its jurisdiction and not within the jurisdiction of State authorities. Any other view would open a wide door for the use of such rules and charges to effect the discrimination which the act prohibits.

Tariffs must be observed.-Demurrage rules and charges must be observed as strictly as transportation rules and charges. The Commission can not, therefore, recognize as lawful any rule governing demurrage the application of which is dependent upon the judgment or discretion of some person, or which provides for exemp

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