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March 9, 1908.
47. Tariff taking effect on Sunday.-Under a tariff schedule regularly filed, show. ing a change in published rates, it happened that the thirty days' notice required by law expired on Sunday. Held, That the tariff is lawful.
March 10, 1908.
48. May a shipper offset a claim against a carrier by deducting from freight charges on shipment?-A shipper having a money demand against an interstate car. rier sought to offset it against the amount of a freight bill which he owed the carrier upon a shipment of merchandise. May this lawfully be done? Held, That the two transactions have no relation one to the other, and that such a deduction from the lawful charges on the shipment could not be made.
49. Benefit of reparation orders extends to all like shipments.—No carrier may pay any refund from its published tariff charges save with the specific authority of the Commission. When an informal or formal reparation order has been made by the Commission the principle upon which it is based extends to all like shipments, but no refunds may be made by the carrier upon such like shipments except upon specific authority from the Commission therefor.
50. When joint agent publishes a new rate between two points, without canceling the old rate duly published by one of the carriers, the old rate on that line remains in effect. The published tariffs of an interstate carrier named a rate of 20 cents on a given commodity between specified points. On October 1, 1907, under a proper power of attorney, a joint agent of all carriers serving those two points published a rate of 22 cents. He failed to cancel the 20-cent rate and it was not formally can. celed by the carrier that published it until January 14, 1908. Held, That because of the failure of the joint agent and of the carrier that published it to cancel that rate in the manner required by section 6 of the act, and rule 8 of Tariff Circular 15-A, the 20-cent rate remained the lawful rate of that carrier until formally canceled on January 14, 1908.
March 11, 1908.
51. The use of Pullman cars at stop-over points can not be limited to members of a particular club.—A carrier desiring to make excursion rates to a point where a convention is to be held wishes to accord to members of certain clubs the privilege of occupying the sleeping cars while the convention is in session. Held, That the carrier may lawfully arrange an excursion rate to such point and return, the rate to include sleeping-car accommodations to and from that point with the privilege of occupying the car at that point during the convention; but that the Commission does not understand that the carrier may limit the privilege to the members of any particular club.
52. Rate eastbound can not be applied westbound unless so published.-A mixed carload of meat eastbound was diverted at the Ohio River on account of a flood, and by order of the shipper, was taken by a roundabout route to a point east of its destination and was thence hauled westbound to destination. The mixed carload rate applied on eastbound shipments, but the tariffs provided no mixed carload rate on westbound shipments. Held, That such interruption of the eastbound movement would not justify the application of a mixed carload rate on the westbound movement to destination.
53. Transit privilege not availed of can not be renewed after the expiration of the time allowed in the tariffs.-A consignor of sheep, which were being grazed in transit, was unable, because of a severe snowstorm, to get the sheep to the station before the grazing privilege expired according to the published time limit. Upon inquiry of the carrier it was held that it can not lawfully take the sheep forward on the rates which would have been applicable under the tariff had the sheep been shipped within the time limit.
March 16, 1908.
54. Demurrage on interstate shipments.-Questions of demurrage and car service on interstate shipments are within the jurisdiction of the Interstate Commerce Commission, which does not concur in the view that such matters, even when pertaining to interstate shipments, are within the control of State commissions.
05. Free pass to railway employee on leave of absence.--An employee who has not been suspended or dismissed from the service, but is on leave of absence and is still carried on the roll of employees of the carrier, is still an employee and as such may lawfully use free transportation.
Note.—This ruling was made by the Commission on March 16, 1908; by act of Congress approved April 13, 1908, carriers were given the right to give free transportation to “furloughed, pensioned, and superannuated employees.”
April 7, 1908.
56. Hours of service law-Street car companies.—Upon inquiry whether the hours of service law applies to electric street car lines which are interstate carriers: Held, That it applies to all railroads subject to the provisions of the act to regulate commerce, as amended, including street railroads when engaged in interstate com
57. Reshipping rate from primary grain markets.—May a carrier lawfully cancel its local, reconsigning, proportional, and other rates, on outbound shipments of grain from a primary market like Kansas City, where no grain originates upon which the local rate would be applicable and substitute for them a reshipping rate applicable on all outbound grain?
Responding to the inquiry the Commission approved the suggestion, but declines in advance to express approval of such reshipping rate when it makes less than the published rate from an intermediate point.
58. Declaring a false valuation in violation of section 10.-Upon an inquiry from a banking house whether it may lawfully declare a value of $5,000 upon a package of negotiable bonds of the market value of $10,000 and pay the express charges on the basis of the declared value, upon the understanding that in case of the loss of the bonds the express company will be responsible only for the amount so declared, it was held that a shipper falsely declaring the value of a package delivered to an express company for transportation violates section 10 of the act.
59. Carriers must send car through or transfer shipment en route.—Where connecting lines have united in publishing a joint through rate between two points it is the sense of the Commission that it is the duty of the carriers in the route to provide the car and permit it to go through to destination or to transfer the property en route to another car at their own expense.
60. No refund to passenger who exceeded stopover limit.-A passenger, while availing himself of a stopover privilege at a certain point in his journey, was subpænaed as a witness in a proceeding in a civil court, and obeying the process was not able to proceed on his journey within the time limit of the stopover. As a result he was compelled to pay an additional fare from that point to destination. Held, That a refund could not lawfully be made.
61. Storage charges on trunk accruing because of injury to passenger.—The Pull. man car in which a passenger was traveling was derailed and went over an embank. ment, resulting in an injury to a passenger, who, in consequence, was detained for some time. His trunk was taken on to destination and storage charges accrued on it until claimed by him. Held, That the storage charges might lawfully be refunded.