Warehousemen's Asso. vs. Illinois C. R. Co. 7 I. C. C. Rep. 591, we held that the schedules of rates required by section 6 of the law to be printed, posted, and filed with the Commission, should state among other terminal charges the rules and regulations, if any, of the carrier in relation to storage; and the Commission, February 8, 1898, issued a general order directing "that all carriers subject to the Act shall plainly indicate upon the schedules published and filed with the Commission under the provisions of the sixth section what storage in stations, warehouses or cars will be permitted, stating the length of time, the character of the storage, the service rendered in connection therewith, and all the terms and conditions upon which the same will be granted." This order became effective April 1, 1898, and at that date the carriers issued a general Circular providing that "property unloaded in the railroad stations or warehouses must be removed within 24 hours after arrival and if not so removed will, at the option of the carrier, either be removed and stored at a public warehouse at owner's cost and risk, and there held subject to lien for freight and charges, or will be retained in carriers' station or warehouse under the same conditions and subject to like charges for storage as prevail at public warehouses, except as may be provided by local regulations at destination as made by public warehouses or delivering carrier." In the schedule of rates of the carriers filed with the Commission under section 6 we find reference to this general Circular allowing 24 hours' storage after arrival. A special allowance at Philadelphia of 10 days' storage on grain and flour is not mentioned either in the general Circular or in the schedules of rates of the defendants. If such storage is given, the order of the Commission has not in this respect been complied with and the carriers are liable to be proceeded against under section 16 of the law for "neglecting to obey or perform a lawful order of the Commission."

In American Warehousemen's Asso. vs. Illinois C. R. Co. 7 I. C. C. Rep. 591, supra, we held, on the authority of the decision of the Supreme Court in Interstate Commerce Commission vs. Detroit, G. H. & M. R. Co. 167 U. S. 633, 42 L. ed. 306, 17 Sup. Ct. Rep. 986, that the Commission had authority to make the order in question. (7 I. C. C. Rep. p. 592.)

DECISION OF THE QUARTERMaster-General of the U. S. ARMY ON DEMURRAGE CHARGED ON CARS CONTAINING GOVERNMENT FREIGHT CONSIGNED TO COMMISSARY FORT APACHE, CARE DEPOT QUARTERMASTER, HOLBROOK, ARIZONA.

GENERAL M. I. LUDDINGTON, U. S. A.,

SIR:

April 19, 1902.

Quartermaster General, Washington, D. C.

For some time past the Santa Fé Pacific Railroad Company has been embarrassed in its accounts by reason of the refusal of the Quartermaster's agent at Holbrook, Arizona, and other points, to recognize the right of the Company for a charge of $1.00 per day demurrage on each car detained beyond forty-eight hours, exclusive of Sundays and legal holidays, after 6 P. M. of the day upon which the car is placed ready for unloading and notice given the consignee.

We file herewith a copy of communication dated March 9th, from the Quartermaster's agent at Holbrook, wherein he refuses to recognize the Company's bills covering demurrage charges, giving as his reason therefor that the Santa Fé Pacific Railroad Company is a land grant road, for the use of the Government of the United States, free from toll or other charges except 50 per cent. of tariff rates.

Manifestly the question is not one affecting the obligations of this road to the United States Government as a land grant road. The only question is as to the liability of the government for car service and whether such car service can be properly considered as a part of the transportation charge.

In submitting this matter to your office for its consideration, we advise that the Car Service Bureau is an organization whose purpose is to expedite the handling of cars and enable the railroads to apply their equipment more promptly and push forward the general business of the public, and to that end the rule is stated that each car detained beyond forty-eight hours, exclusive of Sundays and legal holidays, after 6 P. M. of the day upon which the car is placed ready

for unloading, and notice given the consignee, shall be charged for at the rate of $1.00 per day. This car service arrangement is general throughout the entire country, and the end to be subserved of keeping the equipment available to the fullest possible extent for prompt and expeditious forwarding of freight will be recognized as wholly meritorious.

The account now under consideration has been rendered by the Car Service to this Company for the sum of $10.00, comprised of three items as shown thereon. We respectfully submit that this car service charge cannot in any sense be a part of the transportation charges proper, as the consignment is carried to its destination, the consignees notified of its arrival and allowed forty-eight hours from notice, within which to make disposition of the goods. This period of forty-eight hours has of course been decided upon as a reasonable time, and the car service charges which accrue thereafter are charges made against the general public and one which should be recognized by the Government itself, such charges are for an additional service which the Company undertakes for the convenience of the consignee.

We respectfully request that the Quartermaster's agent at Holbrook may be notified that the car service charge is not one connected with the transportation charge, nor affected by the land grant obligation of this road, and that if it is a charge which is made against the general public it is proper and he should certify to the Company's account for the same when satisfied of its correctness.

Respectfully referred by direction of the Quartermaster General to the Chief Quartermaster, Denver, Colorado, for

investigation and report. If cars are necessarily detained as stated in within letter, such detention should be paid for by the government at the rates charged the general public, and the Quartermaster's agent at Holbrook should be instructed to furnish the railroad evidence of indebtedness requested.

(Signed) CHAS. BIRD,

Depot Quartermaster General, U. S. A.

WAR DEPARTMENT.

QUARTERMASTER-GENERAL'S OFFICE.

Washington, May 31, 1902.

MESSRS. BRITTON & GRAY,

Attorneys, 1419 "F" Street, Washington, D. C.

GENTLEMEN :

I am directed by the Quartermaster-General to inform you, in reply to your letter of the 19th ultimo, relative to demurrage at Holbrook, Arizona, that the Quartermaster's agent at that point has been instructed to comply with the rules of the carriers governing in cases of demurrage. The account for $10.00 referred to in above-mentioned letter is now being adjudicated for payment by the Chief Quartermaster, Denver, Colo.

It is thought that there will be no further friction in this direction.

Respectfully,

(Signed) CHAS. Bird, Brigadier-General, U. S. A.

During December, 1901, the C. & N. W. Railway set two cars of lumber, one car of lath, and one car of coal on team track at Dike, Iowa, consigned Townsend & Merrill Co. As the cars were not released within the time allowed free under Car Service Rules, bills for $27.00 Car Service were presented, which consignees declined to pay; hence this action.

Defendant failed to appear, and judgment was, on two different dates, rendered by default, defendant praying later for a re-hearing, claiming some misunderstanding. The case was last called for trial February 10, 1903, when defendant, instead of contesting the question as to the right of the railroad company to recover for Car Service charges, conceded such right by consenting to the entering of a judgment against them of $27.00, the full amount sued for, together with the Court costs.