(g) On cars held for reconsignment or switching orders, time will be computed from first 7 a. m. after notice has been sent.

(h) On cars held because of shipment refused, or because delivery cannot be effected for any reason for which carrier is not responsible (see Rule 2), time will be computed from first 7 a. m. after notice to consignor or other proper party.

(i) On cars delivered on interchange tracks of industrial plants performing their own switching service, or of street or interurban railways, time will be computed from first 7 a. m. after actual or constructive placement on such interchange track.

RULE 4- Notification.

Railway carriers shall, within twenty-four hours after arrival at destination of carload freight, give written notice thereof to consignee, which notice shall contain amount of charges, weight and character of freight, point of origin, car number and initials, and if transferred en route, number and initials of original car. Legal notice may be either actual or constructive; actual when delivered in writing to the consignee in person or to his place of business; constructive when properly addressed and deposited in the United States mails of the postoffice nearest the station to which the goods are consigned. Other form of notice may be used by written agreement. A second notice shall be given of placement on public track or constructive placement on private track, unless definite advice of placement be contained in first notice. When cars are ordered stopped in transit the party ordering the cars stopped shall be notified upon arrival of cars at point of stoppage.

RULE 5-Placing Cars for Unloading.

(a) When delivery of cars to private tracks or industrial interchange tracks cannot be made, on account of the act or neglect of the consignee, or the inability of the consignee to receive, delivery will be considered to have been made when the cars are tendered. The carrier must give the consignee written notice of all cars it has been unable to deliver because of the condition of the private or interchange tracks, or because of other conditions attributable to consignee. This will be considered constructive placement.

(b) When delivery cannot be made on specially designated. public delivery tracks on account of such tracks being fully occupied, or from other cause beyond the control of the carrier, the delivery will be made at the nearest available point accessible to the consignee and the consignee so notified.

RULE 6-Placing Cars for Loading.

(a) Cars for loading will be considered placed when such cars are actually placed or held on orders of the consignor. In the latter case the carrier must give the consignor written notice of all cars. which it has been unable to place because of condition of the private track, or because of other conditions attributable to the consignor. This will be considered constructive placement.

(b) When empty cars, placed for loading on orders, are not used, demurrage will be charged from first 7 a. m. after placing or tender until released with no time allowance.

RULE 7-Demurrage Charge.

After the expiration of the free time allowed by these rules, a charge of one dollar per day, or fraction of a day, will be made until car is released.

RULE 8-Claims.

No demurrage charges shall be assessed under these rules for detention of cars through causes named below. If, through error, demurrage charges are assessed or collected under such conditions, they shall be promptly cancelled or refunded by the carrier.

Causes.

(a) Weather interference.

I. When the condition of the weather is such as to make it impracticable to load or unload cars, or such as to materially damage freight in loading or unloading, additional free time will be allowed. equal to the free time lost by reason of such inclement weather.

2.

When shipments are frozen so as to prevent unloading during the prescribed free time; but not more than five days from time of arrival shall be allowed free of demurrage on cars containing such frozen shipments.

3. When because of high water or snow drifts it is impracticable to load or unload cars, additional free time equal to the free time lost shall be allowed after such adverse conditions have ceased to exist.

(b) Bunching.

I. Cars for loading. When by reason of delay or irregularity of the carriers in filling orders, cars are bunched and placed for loading in accumulated numbers in excess of daily orders, the shipper shall be allowed for loading snch free time as he would have beeu entitled had the cars been placed for loading as ordered.

2.

Cars for unloading or reconsigning. When as a direct result of the act or neglect of carriers, cars destined for one consignee, at one

point and transported via the same route, are bunched in transit and delivered in accumulated numbers in excess of daily shipments, the consignee shall be allowed such free time as he would have been entitled had the cars been delivered in the order of the shipment. If cars are diverted en route without instructions from consignor, or consignee, such cars shall be treated as having been transported by the

same route.

(c). Demand of incorrect charges.

When the carrier demands the payment of transportation charges. not in accordance with tariff.

(d) Delayed or improper notice by carrier.

When notice has been given in substantial compliance with the requirements as specified in these rules, the consignee shall not thereafter have the right to call in question the sufficiency of such notice, unless within twenty-four hours after receiving same, he shall serve upon the delivering carrier a full written statement of his objections to the sufficiency of said notice.

(c) Railroad errors and omissions.

RULE 9-Collection of Demurrage Charges.

(a) On all public delivery tracks and private sidings demurrage charges may be collected by the carriers daily as the charges accrue in accordance with these rules, except where the party to be charged is working under the average plan. When party chargeable refuses to pay, the carrier may hold or displace the car until payment is made; the regular charges being assessed until car is released, or, at its option. it may direct the sending of such car to public storage houses or yards, where the freight will be held subject to the regular storage charges in addition to accrued demurrage and all other charges.

(b) Carriers will not refuse to switch, handle or forward cars for a shipper or receiver on account of unpaid demurrage charges accruing on other cars.

(c) The railroad will refuse to receive loaded cars unless accompanied by billing instructions. Demurrage charges due upon cars ordered forwarded, either in transportation or switching service, will be collected before shipping instructions are accepted and bill of lading signed, except where the consignor and consignee are identical.

RULE 10-Average Agreement.

(a) If any patron elects, the carrier will enter into an agreement with him to apply the average plan for the determination and settlement of demurrage charges, the basis of the average to be fortyeight (48) hours, fractions of days not to be taken into account, a

credit of one day to be given on each car released within twenty-four (24) hours and a debit of one day to be charged against him for each car detained beyond forty-eight (48) hours, not more than seven days' credit to be applied on any one car; balances to be closed at end of each calendar month, neither debits nor credits to be carried over into the next month.

(b) A patron electing to work under the average plan shall not be entitled to cancellation or refund of demurrage charges under sections (a) and (b) of Rule 8.

(c) Credits earned on cars belong to one class of equipment shall not be used in offsetting debits accruing on cars belonging to a different class of equipment. For the purpose of applying this provision, cars shall be deemed to consist of two classes: (1) box cars, including refrigerator cars; (2) freight cars of all other descriptions.

(d) Patrons not on the credit list may be required to give security for payment of balances against them at the end of each month. It is further

ORDERED, That any railroad in the State of Ohio.

esires, shall have the privilege of adopting such rules and regulations providing for the waiving of demurrage to afford relief in case of strikes, fires, floods, break-down of machinery or other conditions beyond control of shippers or consignees, and such other reasonable rules as may be necessary for the carrying into effect of these rules.

THE PUBLIC SERVICE COMMISSION OF OHIO

At a General Session of The Public Service Commission of Ohio, held at its office in Columbus, Ohio, October 6, 1911. Ruling No. 1.

O. P. GOTHLIN,

J. C. SULLIVAN,
O. H. HUGHES,

Commissioners.

IN THE MATTER OF THE INTERPRETATION OF RULE TEN (10) OF THE CODE

OF DEMURRAGE RULES.

The Commission hold, under Rule Ten (10) of the Code of Demurrage Rules, that a debit of one day should be charged for each twenty-four hours, or fraction of twenty-four hours, that a car is detained beyond the forty-eight hours of free time.

C. A. RADCLIFFE, Secretary.

107. Rudd B. Gue, Mayor, et al., Complainants, versus The Cincinnati and Muskingum Valley Railroad Company, Defendant. Decided December 21, 1910. William A. Allen, for Complainants; F. A. Durban, for Defendant.

FINDING AND ORDER.

This matter came on for investigation upon the complaint of Rudd B. Gue, Mayor, and a large number of other citizens, on behalf of the village of New Lexington, Ohio, against The Cincinnati and Muskingum Valley Railroad Company, defendant, alleging the inadequacy of defendant's station building in said village, the evidence and argument of counsel.

Upon due consideration thereof, the Commission find that the station building maintained by said defendant in said village of New Lexington, Ohio, and now used for passenger, freight, express and mail service, is inadequate to the requirements of the public, in that is entirely insufficient to house and protect a large portion of u andled in said village by said defendant, and to accommodate passengers desiring to patronize said defendant's road, and to furnish facilities for the handling of said mail and express matter.

it

It appearing further, to the Commission, that said defendant is the owner of a suitable tract of land, contiguous to its right-of-way, upon which to erect depot buildings, it is, therefore,

ORDERED, That the said defendant company be, and it is hereby, notified and required to construct a suitable and adequate freight depot building in said village of New Lexington, located at a proper and convenient place, on defendant company's said land; and it is further

ORDERED, That the building now, and heretofore used by defendant company in said village for passenger, freight, express and mail service, be devoted exclusively to defendant's passenger, express and mail service, and that the space therein assigned to the use of passengers be rearranged and enlarged, so as to afford adequate facilities for the accommodation of the passenger traffic of defendant at said village.

A period of one hundred and fifty (150) days from the date of service of this order will be considered a reasonable time within which to comply with its terms.

109. John Beach, et al., Complainants, versus Pennsylvania Company, Operating The Pittsburgh, Ft. Wayne and Chicago Railway Company, Defendant.

The complaint herein was lodged with the Commission in the form of a petition, signed by Mr. John Beach and thirty-two other

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