but the increased revenue seems to justify the carriers in taking these precautions. In very many instances, especially on the part of large shippers and in the case of persistent repetitions, the misrepresentation is apparently willful and with deliberate attempt to deceive and defraud the carrier. No remedy for such cases is found, as the law now stands, beyond the collection of the amount which is required to transport the article when truly named. As early as 1845 a statute was passed in England imposing a penalty upon a shipper who fails to produce an exact account of his shipment with intent to avoid the payment of tolls. This statute imposed a penalty not exceeding five pounds sterling per ton upon the freight in question in addition to the regular toll. The existence of such a law has no doubt operated efficiently in preventing such a state of affairs as is now found to exist in this country. It is not the desire or the purpose of the Commission to relax in the least degree those requirements of the Act to regulate commerce which hold carriers to a rigid responsibility for putting an end to all unjust discriminations and all undue or unreasonable preferences. It is the duty of the carriers to permit nothing whatever which can be construed as subjecting any person or locality "to any undue or unreasonable prejudice or disadvantage in any respect whatever." The application of these obligations to the carriers in various respects has been indicated above. It is clear that they have hitherto been seriously remiss; and while keeping within the letter of the inhibitions against “special rates, rebates and drawbacks," they have permitted, if not encouraged, the adoption and employment of other devices, especially the various forms of underbilling, which have indirectly produced the same result. A halt has now been called, and a serious effort is making on the part of very many of the roads to put an end to this vicious practice. The result will be closely observed, not only in respect to the particular cases mentioned above, but also upon many other kinds of traffic to which the attention of the Commission has been called. Section 10 of the Act to regulate commerce provides that any common carrier subject to the provisions of the Act, or any director, officer, agent, &c., thereof, who shall wilfully do or cause to be done, or shall willingly suffer or permit to be done, anything in said Act prohibited, etc., shall be deemed guilty of a misdemeanor and punished accordingly. It is proposed to amend the Act by imposing a moderate penalty upon shippers who, by false billing, false classification, false weighing, or false report of weight, or by other devices, knowingly and wilfully obtain transportation for their property at less than the regular rates. In view of the fact that unscrupulous persons are to be found in mercantile pursuits as well as in the employment of the railroads; that unjust discriminations obtained by means of these devices invariably operate to the direct pecuniary advantage of some shipper or consignee, that the evidence distinctly shows various instances and methods by which shippers have been able deliberately to defraud a carrier in the matter of transportation, without fault or connivance on the part of the latter, and of the various other facts and considerations apparent in the foregoing pages, the proposed amendment is clearly necessary to make the Act more thoroughly efficient. No manner is perceived in which the enforcement of such legislation can operate to the prejudice of honest shippers. Underbilling, in its devices and its fruits, must necessarily be participated in by the owner of the goods; it cannot be absolutely put down by imposing penalties upon the carriers alone. The complete termination of this practice is exceedingly to be desired, and there can be no doubt that this end will be greatly promoted by legislative recognition of the fact that not only the carrier but the shipper also, who both participate in the methods and the results of unjust discrimination, are each responsible to the public for the wrong which every such transaction involves. IN RE FILING OF JOINT TARIFFS. CIRCULAR No. 6. FEBRUARY 13, 1888. Roads located wholly in one State or Territory, which interchange freight or passenger traffic with connections to or from points outside of such State or Territory on through tickets or bills of lading, should file tariffs covering such traffic with the Commission. If such through rates are made by the addition of local rates to the rates of connecting roads, such local tariffs should be filed with the Commission, together with a statement that through interstate rates are made by adding such local rates to the rates of the carrier (naming it) with which connection is made. If joint rates are made on any basis other than by the addition of the local rates to the through rates of connecting carriers, tariffs showing such rates should be filed with the Commission covering all interstate business transacted thereunder. For the Commission: C. C. MCCAIN, Auditor. IN RE PUBLICATION OF EXPORT TARIFFS. At a Meeting of the INTERSTATE COM- Present: ALL THE COMMISSIONERS. The subject of the publication of Joint Tariffs being under consideration, the following preamble and order were unanimously adopted, and directed to be sent to all common carriers subject to the Act to regulate commerce : WHEREAS Section 6 of the Act to regulate commerce authorizes the Commission to direct when Joint Tariffs shall be made public, and to prescribe the measure of publicity to be given to the same: IT IS ORDERED as follows: Every tariff of rates and charges which a common carrier subject to the provisions of the Act to regulate commerce, by itself or jointly with one or more other carriers, whether such carriers are or are not subject to such act, shall establish for the transportation of grain, flour, meal, meats, provisions, lard, tallow, canned goods, cotton, tobacco, live stock or other articles of customary export, from any point within the United States to a seaport thereof, or to any point in or on the boundary of an adjacent country, or to any foreign port or place, is required to be filed with the Commission and shall be made public. In all cases where a tariff is established for such merchandise billed or intended for export by sea, and ocean rates are not specified, either because of their fluctuation or for any other reason, so that only the charge for inland transporta tion is definitely fixed, the tariff as filed and made public shall show the rate charged by the inland carrier or carriers to the point of export, including all terminal charges or expenses, and shall also show in what manner the through rate to the point of ultimate destination is to be determined, whether by the addition of the ocean rate from time to time prevailing, or how otherwise. When the rate is a gross sum for the transportation of freight from a point within the United States to a port or place in a foreign country, the tariff as filed and made public shall in every case show what part of the whole is allowed to the carrier or carriers for inland transportation to the point of export by sea, including all terminal expenses or charges; and if such part is subject to be increased or diminished, contingently or otherwise, of if in any other case the charge for inland transportation is subjected to any change or modification in case the property carried is exported, the fact, and the manner in which the increase, diminution, or change is to be determined, and the extent thereof, shall be stated. Every such tariff of rates and charges shall be published by plainly printing the same in large type of at least the size of ordinary pica, and copies thereof shall be kept for the use of the public in such places and in such form that they can be conveniently inspected, at every depot or station of any carrier making or issuing the same at which any traffic to which it relates is received or delivered. This order shall become operative on March 20, 1888. A TRUE COPY: EDW. A. MOSELEY, |