[PASSENGER FARE SCHEDULES.] Only one supplement-Number of amendments permitted in a supplement.— There shall at no time be more than one supplement in effect to any tariff, and when the supplement to a tariff of 20 or more pages contains ten per centum of the number of pages contained in the tariff the tariff shall be reissued before further changes in it can be made. (See exception in Rule 40.) The reissuance of a tariff will cancel supplement to such tariff. No supplement may be issued to any excursion fare tariff that is issued on less than statutory notice under the provisions of Rule 52. Reissuing tariff periodically.-—If a tariff provides that it shall be reissued periodically at specified times not more than six months apart, and such provision is strictly observed, the supplement to such tariff may contain all amendments made thereto between such specified dates for reissuance. Withdrawal and adoption of tariffs when one carrier is absorbed by another carrier. In case of change of ownership or control of a carrier the carrier whose line is absorbed, taken over, or purchased by another carrier shall unite with that other carrier in common supplements to the tariffs on file with the Commission, on the one hand withdrawing and on the other hand accepting and establishing such tariffs and all effective supplements thereto. Such common supplements shall be executed jointly by the traffic officers of both the old and new carriers, shall be numbered consecutively as supplements to the tariffs (whether of five pages or less) to which they are directed, and may be made effective on five days' notice to the public and the Commission by noting thereon reference to this rule. Amendments to such tariffs must thereafter be filed in consecutively-numbered supplements thereto until the tariffs are reissued. New tariffs reissuing or superseding these shall be numbered in the I. C. C. series of the new carrier. (Amended June 27 and July 1, 1908. See Supp. to Tariff Circular 15A, secs. 10, 13.) 39. Index of tariffs-Reissue and supplements.-Each carrier shall publish, with proper I. C. C. number, post, and file a complete index of the tariffs which are in effect and to which it is a party as an initial or a terminal line. Such index shall show: (a) I. C. C. number of each tariff. (b) Name or initials of issuing road or agent. (c) Brief description of character of tariff. (d) Concise statement of points between which tariff applies. Tariffs covering short-time excursion rates and supplements to tariffs need not be included in this index. If any changes are made, this index shall be corrected to date and be reissued each month, or, supplement may be issued each month showing all changes and also what tariff, if any, shown in index is canceled or superseded by one shown in supplement, and index be reissued every six months. If supplements are used they must be constructed in accord with specifications as to construction of index and each supplement must cancel preceding supplement and bring forward all corrections. If carrier so desires, lists of its division sheets, official circulars, and of its own numbers of its tariffs or division sheets may appear in this publication. Note. This rule is also in rules governing freight tariffs. One index containing both passenger and freight tariff's will be deemed sufficient, but if both are included in one index four copies will be sent to the Commission. (Amended May 5 and June 27, 1908. See Supp. to Tariff Circular 15A, sec. 14.) 40. Suspension and restoration of rail-and-water fares.-Tariffs containing railand-water fares or all-water fares applicable via routes upon which it is necessary to close navigation during a portion of the year may provide for suspension and restoration of the rail-and-water fares and the all-water fares named therein under the following regulations: (a) Notation on title-page of tariff. The following notation shall appear on the title-page of the tariff: "The fares named herein for rail-and-water or all-water transportation are subject to suspension at the close of navigation and restoration on the opening of navigation of [here insert the name of the water carrier or carriers specified in the tariff] on notice as provided on page of this tariff." (b) Rule in tariff providing for restoration of fares.-In the rules governing the tariff shall appear the following: "In anticipation of the opening of navigation of [here insert name of water carrier or carriers named in the tariff] restoration of the rail-and-water and all [PASSENGER FARE SCHEDULES.] water fares contained in this tariff and in effective supplement thereto which was in force on the date the fares were last suspended or which has subsequently been made effective, will be announced by supplement to this tariff which will be filed with the Interstate Commerce Commission, be posted at stations from which the fares apply, and become effective not less than three days thereafter." Rule in tariff providing for suspension of fares.-"The fares in this tariff and in the supplement thereto for rail-and-water and all-water transportation are effective only during the season of navigation of [here insert the name of water carrier or carriers named in the tariff]. The supplement announcing the close of navigation and the suspension of rail-and-water and all-water fares named in this tariff and its effective supplement will be filed with the Interstate Commerce Commission and will be posted at stations from which the fares apply not less than three days in advance of the date upon which the fares will be suspended." (c) Supplements may contain. Not counted against tariff.-Supplements issued under this rule announcing suspension and restoration of rail-and-water and all-water fares in tariffs must not contain anything except such suspension or restoration notice and such supplements will not be counted against the number of supplements that is permitted as to such tariff under Rule 38. (d) Suspended tariffs may be reissued or amended.—Rail-and-water and all-water fares suspended under this rule may be reissued or amended during such period of suspension upon statutory notice the same as though the fares were in effect and active use, but the restoration of the fares by supplement notice will not advance the effective date of any supplement to the tariff which has not on the date of restoration become effective. Supplements made effective prior to the date of restoration will be made effective on a given date "Subject, however, to restoration of the tariff fares at a subsequent date." (e) Routes other than Great Lakes may suspend or restore on one day's notice.Where the tariff suspended or restored under this rule applies to joint transportation by rail and river, or canal, or inland lakes other than the Great Lakes, such tariff may be suspended or restored on a like notice of one day instead of three days. (f) Applying this rule to tariffs now in effect.-Rail-and-water tariffs now under suspension and that have not expired by their terms or been canceled, may be brought within this rule by the issuance of supplements which add to the tariff the provisions of paragraphs (a) and (b) of this rule. Such supplement may be issued under paragraph (c) of this rule, and, until April 15, 1908, may be issued on one day's notice to the public and to the Commission, giving reference to this rule. Statutory notice of suspension, withdrawal or restoration of fares or regulations must be given as to all tariffs that are not brought within the provisions of this rule. 41. Filing of tariffs-Authorizing an agent to file tariffs.-Tariffs and supplements thereto shall be filed with the Commission by proper officer of the carrier or by an agent designated to perform that duty, and concurrence of every carrier participating therein must be on file with the Commission or accompany the tariff or supplement. If a carrier authorizes an agent to file its tariffs and supplements thereto or certain of them, official notice of such authorization and of acceptance of responsi bility by the carrier for his acts, in form as hereinafter specified, must be filed with the Commission. Such notice may be revoked by a carrier upon thirty days' official notice to the Commission, or at any time be transferred to another agent by filing with the Commission notice of such transfer, accompanied by full-form authorization for the newly named agent. Authorizations for agent and concurrences in his tariffs must be filed.-If two or more carriers appoint the same person as agent for the filing of tariffs and supplements thereto, each of them will be required to file with the Commission power of attorney, in form prescribed, appointing him their agent; and the concurrence of every other carrier participating in any tariff or supplement thereto which is filed by him must be on file with the Commission or accompany the tariff. Use of consolidated concurrences. When consolidated form of concurrence PX6, PX7, or PX8 has been used and additions are to be made to the list of roads for which such agent acts under powers of attorney the necessity for a new set of consolidated concurrences presents itself. Trouble and inconvenience can be avoided by the issuance of powers of attorney authorizing such agent to receive concurrences [PASSENGER FARE SCHEDULES.] provided in Rules 47, 48, comparatively simple. Joint agent will use his own I. C. C. serial numbers.—Such joint agent duly authorized to act for several carriers must file joint tariffs under I. C. C. serial numbers of his own. and 49, and the securing of new concurrences will be Issuing carrier will file tariff for all carriers party thereto.-Tariffs issued by a carrier under its I. C. C. numbers may include, under proper concurrences shown therein, fares via, and to and from points on, other carriers' lines, and concurring carriers may use such tariffs for posting at their stations. Such tariffs must be filed by the issuing carrier, and such filing will constitute filing for all lawfully concurring carriers. Avoid conflict between tariffs.-A carrier that grants authority to an agent or to another carrier to publish and file certain of its fares must not in its own publications publish fares in conflict with those which are published by such authorized agent or other carrier, or which duplicate such fares except as provided in Rule 31. Send copies of joint publication to every carrier party thereto.-The agent or the carrier that issues a joint tariff publication shall at once send copies thereof to each and every carrier that is named as party thereto. All State or other fares used for interstate movements must be posted and filedAll local tariffs should have I. C. C. numbers and be posted and filed.-Fares for through tickets are often made by adding together two or more fares. All State or other fares used in combination for interstate movements must be posted at stations and filed with the Commission, and can only be changed as to such traffic in accordance with the terms of the Act. The Commission believes it proper that all local tariffs be given I. C. C. numbers and be posted and filed with the Commission in manner prescribed in the Act. Tariff must show full 30 days' notice.-The Act requires that all changes in fares. or in rules that affect fares, shall be filed with the Commission at least thirty days before the date upon which they are to become effective. Manifestly it is impossible for the Commission to check the items in tariffs to determine whether or not the statutory notice has been given. The title-page of every tariff must show full thirty days' notice, or bear a plain notation of the number and date of the permission, or the rule, or the decision of the Commission under which it is effective on less than statutory notice. Receipt and filing of tariffs by Commission does not relieve carriers from liability for violation of Act or regulations thereunder. The law affirmatively imposes upon each carrier the duty of filing with the Commission all of its tariffs, and supplements thereto, as prescribed in the law or in any rule relative thereto which may be announced by the Commission, under penalty for failure so to do or for using any fare which is not contained in its lawfully published and filed tariffs. The Commission will give such consistent assistance as it can in this respect, but the fact that receipt of tariff, or supplement to a tariff, is acknowledged by the Commission, or the fact that a tariff, or supplement to a tariff, is in the files of the Commission, will not serve or operate to excuse the carrier from responsibility or liability for any violation of the law, or of any ruling lawfully made thereunder, which may have occurred in connection with the construction or filing of such tariff or supplement. Thirty days' notice on every publication-Tariffs must be delivered to Commission, free from all charges or claims for postage, the full time required by law.-Full thirty days' notice to the public and to the Commission is required as to every publication which it is necessary for a carrier to file with the Commission, regardless of what changes may or may not be effected thereby. No tariff or supplement will be accepted for filing unless it is delivered to the Commission, free from all charges or claims for postage, the full thirty days required by law before the date upon which such tariff or supplement is stated to be effective. No consideration will be given to or for the time during which a tariff or supplement may be held by the Postoffice Department because of insufficient postage. A tariff or a supplement that is received by the Commission too late to give the Commission the full thirty days' notice required by law will be returned to the sender, and correction of the neglect or omission cannot be made which takes into account any time elapsing between the date upon which such tariff or supplement was received and the date of attempted [PASSENGER FARE SCHEDULES.] correction. In other words, when a tariff or a supplement is issued and as to which the Commission is not given the statutory notice, it is as if it had not been issued, and full statutory notice must be given of any reissue thereof. No consideration will be given to telegraphic notices in computing the thirty days required. For tariffs and supplements issued on short notice under special permission of the Commission, and short-time excursion tariffs issued under Rule 52, full thirty days' notice is not required, but literal compliance with the requirements for notice named in said rule or in any permission granted by the Commission will be exacted and in accord with the policy and practice above outlined. Rejected schedules.-When a schedule is rejected by the Commission as unlawful, the records so show and, therefore, such schedule should not thereafter be referred to as canceled, amended, or otherwise except to note on publication issued in lieu of such rejected schedule "In lieu of -, rejected by Commission;" nor shall the number which it bears be again used. Fares prescribed in Commission's decisions must be promulgated in tariffs.-Fares prescribed by the Commission in its decisions and orders after hearings upon formal complaints shall, in every instance, be promulgated by the carriers against which such orders are entered in duly published, filed and posted tariffs, or supplements to tariffs. Permission for less than statutory time and notation on tariff.-Unless otherwise specified in the order in the case, such tariff or supplement may be made effective upon five days' notice to the Commission and to the public, and if made effective on less than statutory notice, either under this rule or under special authority granted in the order in the case, shall bear on its title-page notation "In compliance with order of Interstate Commerce Commission in case No. Circulars announcing compliance with orders of court.-Circulars announcing or explaining the attitude and course of carriers under injunction of a court, relating to tariff fares or regulations, must not be issued as supplements to tariffs nor given I. C. C. numbers unless they are issued on statutory notice or under special permission from the Commission for shorter time. The Commission will, however, be pleased to have copies of such circulars and the information therein contained. Numerical order of I. C. C. numbers of tariffs, or explanation of missing numbers, required.—Each carrier files tariffs under I. C. C. numbers, which are presumed to be used consecutively. Occasionally a tariff or supplement is received which does not bear I. C. C. number next in numerical order to that borne by the last one filed. This is sometimes occasioned by the missing number having been assigned to a tariff that is in course of preparation. Request is made that in so far as is possible carriers will file tariffs and supplements in consecutive numerical order of I. C. C. numbers. If from any cause this is not done in any instance, the tariff or supplement that is filed with an I. C. C. number that is not consecutive with the last number filed must be accompanied by a memorandum explaining as to the missing number or numbers. Two copies of tariffs must be filed.-On and after April 1, 1907, common carriers and agents are directed, in filing schedules in compliance with the statute, to transmit two (2) copies of each tariff, supplement, or other schedules of fares or regulations for the use of the Commission, both copies to be included in one package and under one letter of transmittal. Tariffs sent for filing must be addressed "Auditor Interstate Commerce Commission, Washington, D. C." 42. Form of appointment of agent. The following form, on paper 8 by 10% inches in size, will be used in giving authority to an agent to file for the carrier giving the authority tariffs and supplements thereto. Such authority must not be given to an association or bureau, and it may not contain authority to delegate to another power thereby conferred. That the [name of carrier] has made, constituted, and appointed, and by these [PASSENGER FARE SCHEDULES.] presents does make, constitute, and appoint [name of person appointed] its true and lawful attorney and agent for the said company, and in its name, place, and stead to file passenger fare schedules and supplements thereto, as required of common carriers by the act to regulate commerce and by regulations established by the Interstate Commerce Commission thereunder, for the period of time, the traffic, and the territory now herein named: And the said [name of carrier] does hereby give and grant unto its said attorney and agent full power and authority to do and perform all and every act and thing above specified as fully, to all intents and purposes, as if the same were done and performed by the said company, hereby ratifying and confirming all that its said agent and attorney may lawfully do by virtue hereof and assuming full responsibility for the acts and neglects of its said attorney and agent hereunder. In witness whereof the said company has caused these presents to be signed in its name by its president and to be duly attested under its corporate seal by its day of in the year Its President. Original form to be filed with Commission and duplicate furnished agent.-Carrier issuing this form will file the original with the Commission and will furnish duplicate to the agent to whom power of attorney is given. Separate authorizations will be given for freight and passenger tariffs. Form of concurrence.-For concurrence in tariffs issued and filed by another carrier or its agent, forms prescribed in Rules 43 to 49, inclusive, will be used. Concurrences must be given to carriers named therein and authority so granted to a carrier may be by it delegated to its lawfully appointed agent. Size of paper.-All concurrences must be on paper 8 by 10%1⁄2 inches in size. Separate concurrences for freight and passenger tariffs.-Separate concurrences will be given for freight and passenger tariffs. Note. Experience has demonstrated that it is simpler and better to use concurrence than power of attorney in giving authority to a carrier to publish and file another carrier's fares. Provision for giving power of attorney to another carrier has therefore been eliminated except for the purpose of granting authority to give concurrences as provided in Rule 50. This does not invalidate or change the terms or effect of any power of attorney now on file. 43. The following form will be used in giving concurrence in a tariff that is issued and filed by another carrier or its agent and to which the carrier giving concurrence is a party. If given to continue until revoked, it will serve as continuing concur rence in the tariff described in the concurrence and all supplements to and reissues thereof. If provision for concurrence to continue until revoked is stricken out, a new concurrence will be required with each supplement or reissue. To Be Filed With the Interstate Commerce Commission. [Name of carrier in full.] General Passenger Department. Form PX2-No. -. To the Interstate Commerce Commission, Washington, D. C.: (Date) This is to certify that the [name of carrier] assents to and concurs in the publication and filing of the fare schedule described below, together with supplements |