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SPECIAL CIRCULAR NO. 6.

[Tariff Department.]

USE OF TARIFFS CONTAINING LONG-AND-SHORT-HAUL CLAUSES, MAXIMA

RULES, AND ALTERNATIVE RATE OR FARE PROVISIONS.

(January 7, 1908.)

The underlying principle of the Commission's tariff regulations is that the state. ment of rates and fares and their application shall be affirmative and definite; and the incorporation of tariff rules which make the application of the rates or fares uncertain is prohibited, as is also any method of stating rates or fares which is ambiguous.

Many tariffs that were on file before May 1, 1907, contain long-and-short-haul clauses, maxima rules, alternative rate or fare provisions, or other rules which make the application of the rates or fares uncertain, more particularly as to intermediate stations not specified in the tariff; and some such rules have, through misunder. standing, been included in tariffs that have been issued since May 1, 1907. Some carriers whose tariffs do not contain rules of the character in question have followed the practice of applying tariff rates or fares as maxima at intermediate stations except when tariffs specifically proviñe to the contrary.

The Commission desires and requires that at the earliest practicable date all such features and practices as are above referred to shall be eliminated from tariffs and discontinued either by supplement or by reissue of tariff. It does not under. estimate the volume of work in checking of rates and fares and preparation of tariffs that is involved; it appreciates the efforts and the progress that have been made thus far; and, as an aid in simplification and directness in providing and applying lawful tariff charges, and to avoid hardship to shippers or passengers at intermediate stations which would otherwise be left without rates or fares which they have heretofore enjoyed, and with the understanding that this work will be earnestly pursued with the purpose of completing it by the date named, the Commission decides that until July 1, 1908, carriers may continue the use and present application of tariffs which were issued prior to January 15, 1908, and which contain rules of the character hereinbefore referred to, or under which, without specific provision in the tariff therefor, the rates or fares have been applied at intermediate stations, and excepting those tariffs which, before July 1, are corrected by supple. ments or replaced by new issues. Tariffs issued subsequent to January 15, 1908, must not contain any such rules as are herein considered nor be applied in any manner not affirmatively provided therein.

Each carrier that has tariffs containing any of the rules referred to, or which without containing such rules are applied at stations not specified therein, will, on or before February 1, file with the Commission a statement showing by I. C. C. numbers all of the tariffs of its issue which contain such rules or which are so m.pplied. This list shall contain both local and joint tariffs that are issued by the carrier making the list; and similar lists of their issues will be furnished on the same dates by joint agents who issue tariffs for carriers. Revisions of these lists will be furnished to the Commission on the 1st of April and on the 1st of June, from which will be omitted such tariffs as have been corrected or reissued.

These statements, when checked against the Commission's tariff file, will indicate the progress that is being made in this work, and unless satisfactory headway is shown the Commission may order the immediate reissue or cancellation of tariffs in question.

Paragraph (a) of rule 4, and paragraph (C) of rule 25, Tariff Circular 14a, provide that a tariff shall contain complete alphabetical indexes of the stations from and to which it applies. This is not to be understood as prohibiting the incorpora. tion in a tariff of a rule providing for the affirmative and definite application of the rates or fares named in that tariff to stations not indexed and which are directly intermediate on the same line with stations that are indexed.

The permission for issuance on less than statutory notice of tariff supplements for the purpose of eliminating rules of the character referred to and of making the tariff rates or fares definitely and affirmatively applicable, as given in Commission's Special Circular No. 3, Tariff Department, of October 9, 1907, and extended in Special Circular No. 5, Tariff Department, of November 15, 1907, and in further extension notice of December 21, 1907, is hereby revoked, effective January 15, 1908. (Extended to October 1, 1908. See Bulletin No. 2, Conference Rulings, Rule 89.)

POSTING TARIFFS AT STATIONS.

IN THE MATTER OF MODIFICATION OF THE PROVISIONS OF SECTION SIX

OF THE ACT WITH REGARD TO POSTING TARIFFS AT STATIONS.

(June 2, 1908.)

Under the authority conferred upon the Commission by section 6 of the act, to modify its requirements as to publishing, posting, and filing of tariffs, the Commission issues the following order, in connection with which it must be understood that each carrier has the option of availing itself of this modification of the requirements of section 6 of the act or of complying literally with the terms of the act. If such modification is accepted by a carrier it must be understood that misuse of the privileges therein extended or frequent misquotation of rates on the part of its agents will result in cancellation of the privileges as to that carrier. It should also be understood that in so modifying the requirements of the act the Commission expects a continuation by carriers of the practice of furnishing tariffs to a reasonable extent to frequent shippers thereunder:

Every carrier subject to the provisions of the act to regulate commerce (excepting those to which special and specific modifications have heretofore been granted) shall place in the hands and custody of its agent or other representative at very station, warehouse, or office at which passengers or freight are received for transportation, and at which a station agent or a freight agent or a ticket agent is employed, all of the rate and fare schedules which contain rates and fares applying from that station, or terminal or other charges applicable at that station, including the schedules issued by that carrier or by its authorized agent and those in which it has concurred. Such agent or representative shall also be provided with all changes in, cancellations of, additions to, and reissues of such publications in ample time to thus give to the public, in every case, the thirty days' notice required by the act.

Such agent or representative shall be provided with facilities for keeping such file of schedules in ready-reference order, and be required to keep said files in complete and readily accessible form. He shall also be instructed and required to give any information contained in such schedules, to lend assistance to seekers for information therefrom, and to accord inquirers opportunity to examine any of said schedules, without requiring or requesting the inquirer to assign any reason for such desire, and with all the promptness possible and consistent with proper performance of the other duties devolving upon him. He shall also furnish upon request therefor quotation in writing of rates via such carrier's line not contained in the tariffs on file at that station. Carrier may arrange for such agent to refer such requests to a proper officer of the company, but the quotation must be fur. nished within a reasonable time and without unnecessary delay.

Each of such carriers shall also provide and each of such agents or representatives shall also keep on file copies of the current I. C. C. issues of the indices of the tariffs of that carrier.

Each of such carriers shall also provide, either in its indices of tariffs (provided for in Rules 11 and 39 of Commission's tariff regulations, Tariff Circular 15 A) or in separate publication or publications, which must be kept up to date, be given I. C. C. numbers and filed with the Commission, an index or indices of the tariffs that are to be found in the files at each of its several stations or offices. Such index shall be kept on file and be open to inspection at each of such several stations or offices as herein before provided. If such indices are prepared for a system of road or for a number of stations or offices they must be printed and may be arranged under a system of station numbers and alphabetical list of stations. If arranged for individual stations or offices they may be printed or typewritten. All such indices must be of size 8 by 11 inches.

Each of such carriers shall require its traveling auditors to check up each station's or office's file of tariffs at least once in each six months, unless it employs one or more traveling tariff inspectors who will make such inspections and checks.

Each of such carriers whose lines reach any of the cities in the following list, either over its own rails or by trackage rights, or by boat line, or by ferry, shall provide and maintain at each of said cities so reached by it, and at such additional points as may from time to time be designated by the Commission, complete files of the tariff publications which it issues or is a party to, together with indices of same as hereinbefore required:

Alabama, Montgomery.
Arkansas, Little Rock.
California, San Francisco.

Los Angeles.
Colorado, Denver.
Connecticut, Hartford.
Florida, Jacksonville.
Georgia, Atlanta.
Illinois, Chicago.

Springfield.
Indiana, Indianapolis.
Iowa, Des Moines.
Louisiana, New Orleans.
Maine, Portland.
Maryland, Baltimore.
Massachusetts, Boston.

Worcester. Michigan, Detroit. Minnesota, St. Paul.

Minneapolis. Mississippi, Jackson. Missouri, St. Louis.

Kansas City.
Montana, Helena.
Nebraska, Omaha.
New York, New York.

Buffalo.
North Carolina, Charlotte.
Ohio, Cincinnati.

Cleveland.
Oklahoma, Oklahoma City.
Oregon, Portland.
Pennsylvania, Philadelphia.

Pittsburg.
South Carolina, Columbia.
South Dakota, Sioux Falls.
Tennessee, Memphis.

Chattanooga.
Texas, Forth Worth.

Houston.
Utah, Salt Lake City.
Virginia, Richmond.
Washington, Seattle.
Wisconsin, Milwaukee.

Each of such files shall be in charge of an employee who will give information and assistance to those who may wish to consult such file, and each such file shall be kept open and accessible to the public during ordinary business hours and on business days.

Each of such carriers whose lines do not so reach any of the abore-named cities shall also provide at at least one point on its line a complete file of the tariffs which it issues or is a party to, together with indices of same as hereinbefore required, which file will be in charge of an employee of the carrier, who will give desired information and assistance to those who may wish to consult such file. This file of tariffs shall be open and accessible to the public during ordinary business hours and on business days.

Each of such carriers shall also provide and cause to be posted and kept posted in two conspicuous places in every station waiting room, warehouse, or office at which schedules are so placed in custody of agent or other representative notices printed in large type and reading as follows: (A) Complete public file (or files) of this company's tariffs is (are) located at in the city of (or the cities of

and

-). The rate and fare schedules applying from or at this station and indices of this com. pany's tariffs are on file in this office, and may be inspected by any person upon application and without the assignment of any reason for such desire.

The agent or other employee on duty in the office will lend any assistance desired in securing information from or in interpreting such schedules.

At exclusive freight stations or warehouses and at exclusive passenger stations or offices carriers may, under this order, place and keep on file only the freight or passenger schedules, respectively, and in such cases the posted notices may be varied to read:

The freight rate (or passenger fare) schedules applying from or at (or from) this station and index of this company's freight (or passenger) tariffs are on file in this office, etc.

Each of such carriers shall also require its agent or other employee in chargo of tariffs at each point where complete public file is not kept to post from time to time in a public place in waiting room or office a brief bulletin notice to the effect that rates from that station on certain commodities have been changed.

Compliance with this order as to all available tariffs is required not later than October 1, 1908, and full compliance in every instance not later than January 1, 1909.

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