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therefore, be an unlawful device or discrimination. The Commission expressed doubt as to the propriety of the practice.

96. Notice as to the issuance of passes.—It appearing that the ruling issued by the Commission on the 9th day of June, A. D. 1908, relative to the issuance and use of passes, should be modified in certain respects relating to the forms of passes to persons eligible to receive free transportation under the act to regulate commerce, it is ordered that said ruling shall be amended to read as follows:

Many abuses in the issuance and uses of passes have been discovered by the Commission which it is desired to correct, and to this end, and because of the misinterpretation of the law by carriers generally, the Commission at this time makes announce ment that it will recommend the indictment and prosecution of all carriers and persons issuing passes to, or allowing the use of passes by, any persons not included within the designated classes to whom free transportation may be given by carriers subject to the act to regulate commerce as set forth in said act. Among those not included under the provisions referred to are the following: 1. Officers or employees of news companies other than newsboys. 2. Officers or employees of telegraph or telephone companies, excepting when person

ally engaged in operation, extension, repair or inspection of lines upon or along the railroad right of way and used in connection with the operation of

the railroad. 3. Officers or employees of surety, transfer, and baggage companies, except baggage

agents. 4. Officers or employees of carriers not subject to the act to regulate commerce,

including officers and agents of steamship and stage lines not subject thereto. 5. Officers or employees of subsidiary corporations, which corporations engage in

any employment for, or render any service to, other than the carrier, save that such officers or employees may be granted free transportation when engaged

on the business of the carrier. 6. Families of local attorneys, surgeons, and others who are not regularly employed

by carriers. Each pass issued must bear upon its face the name of some person belonging to a class named in section 1 of the Act as eligible to receive free transportation. In addition to such person so named a pass may also carry not to exceed a specified number of unnamed persons of any class eligible to receive free transportation; the number and the class to which such person belongs being specified upon the face of the pass. That is to say, passes in the following forms will be recognized by the Commission as legal:

Pass John Smith, President, car, and five officers and employees of the X. Y. & 2. Railway.'

Pass J. R. Barner and six linemen, foreman, and force of the Western Union Telegraph Company. Good only when traveling in connection with the construction, maintenance, or operation of the lines of the Western Union Telegraph Company on the right of way of this A. B. C. Railway Company."

Pass one extra messenger of the Southern Express Company when presented with letter signed by Superintendent, Assistant Superintendent, or Route Agent of said Express Company, authorizing use and giving name of person to be passed.":

"Pass John Smith, section foreman, and six employees of X. Y. & Z. Railway."

The Commission holds that the word “family,'' as used in section 1 of the act to regulate commerce, includes those who are members of, and who habitually reside in, the household of the person eligible to receive family passes, including household servants when traveling with the family or with any member thereof, and relatives who are in fact dependent upon such person, although not actually residing in his household. The Commission will, therefore, view passes in the following form as lawful:

“Pass John Smith, wife, two sons, three daughters, and two servants."

“Pass Mrs. John Smith and daughter, account John Smith, Agent X. Y. & 2. Railroad Company at Washington, D. C.”

The name of the person presenting the pass must appear upon it. Passes intended to be used in the absence of the head of the family whose occupation makes the issuance of passes lawful must, in addition to the name of said head, show the name of the person using the same. For instance, a pass to be used by John Smith, his wife, or his daughter, separately, should read:

"Pass John Smith, Mrs. John Smith and Miss Mary Smith, account C. & O. Agent at Richmond, Va."

Every pass to an officer or employee of a carrier other than the one issuing the pass, shall indicate the name and rank of the person to, or on behalf of whom, such pass is issued, as well as the name of the carrier employing him.

The Commission construes the Act, so far as it relates to railway-mail service em-ployees, as giving such employees the right to receive free transportation when on duty in their cars, or when traveling under orders from a superior officer. The Commission does not now undertake to say how far this portion of the act to regulate commerce is modified or controlled as regards railway-mail service employees by other statutes or by contracts between carriers and the Postoffice Department.

The Commission will recognize any rail or water carrier filing a tariff, joint or local, with the Commission, as a carrier subject to the Act so far as the issuance of passes to its officers and employees may be concerned. Where a carrier has no tariffs on file with the Commission, and does not acknowledge itself subject to the Commission's jurisdiction, the Commission will regard the issuance of passes to its officers or employees as unlawful, without, however, thereby passing upon the question of the jurisdiction of the Act over such carrier in so far as it may be necessary to assert such jurisdiction. In this regard reference is made to Cosmopolitan Shipping Co. v. Hamburg-American Packet Co. et al., 13 I. C. C., 266, and In Re Petition Frank Parmelee Co., 12 I. C. C., 46. By reference to these decisions it will be seen that among the carriers not subject to the Act are ocean carriers to non-adjacent foreign countries and domestic carriers by wagon, stage, or automobile. Carriers covered by these decisions are not eligible to file tariffs or receive passes.

The Commission reaffirms Rule 63 of Tariff Circular 15-A of this Commission.

The Commission cannot undertake, in any case, to determine whether or not individuals are within any of the classes mentioned in section 1 of the Act as eligible to receive free transportation.

The Commission will not regard as unlawful allowance of use, or the use of passes merely irregular in form under this ruling, during the present calendar year. Passes, however, issued to persons not eligible to receive the same must be called in at once, as well as passes so loosely framed that persons not eligible to receive free transportation may be carried upon them. That is to say, a pass to "John Smith, family, and household servants," although irregular in form, will not be regarded by the Commission as unlawful prior to January 1, 1909. A pass, however, to "John Smith, car, and party," being susceptible of use for the transportation of persons not within the Act, should be immediately corrected.

Carriers are enjoined against the destruction of records or memoranda touching the issuance of passes, and the passes themselves, coming into the hands of the carriers after use, must, until further order of the Commission, be retained for a period of not less than five years.

INDEX TO ADMINISTRATIVE RULINGS OF THE INTER

STATE COMMERCE COMMISSION.

in

Tariff Circular No. 15-A. (See page 681.)
Supplement No. 1 to Tariff Circular No. 15.A. (See page 745.)
Tariff Circular No. 16-A. (See page 759.)
Bulletin No. 1 Conference Rulings. (See page 787.)

Bulletin No. 2 Conference Rulings. (See page 797.) [Figures indicate sections. Figures preceded by “S” refer to sections in Supple. ment No. 1 to Tariff Circular 15-A.]

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Absorption of switching charges under tariffs must be paid by carrier.
Accident, if unavoidable, hours of service law does not apply.
Act of God, hours of service law does not apply...
Advance charges-

carrier may sell feed for feeding in transit.

to boats, not common carriers, forbidden... AgentCommission will not intervene between carrier and agent.. concurring express companies bound by.... error admitted, refund permitted.. may request short notice. new rate not canceling old; old rate effective. sells colonist ticket at regular rates; carrier loses.

waiting authority, demurrage accrues, must be paid. Agreement for divisions of joint rates must be filed. Alternative rates not permitted after Oct. 1, 1908. Amendment of joint tariff on short notice... Applicationfor short notice by mail and not by telegraph..

for short notice tariffs, how made.. Application of rates

blockade, detoured traffic... equalization via other routes.

specific joint through rates. Astray shipments

demurrage on may be a ljusted under Rule it.
may be returned free.'

return of
Attorney-in-fact files tariff, nonconcurring carrier refiles, unlawful.
Attorneys, local, not regularly employed, families, no passes..
Authority for refund limited to cases specified..
Authority of Commission required before refunding on basis of

previous order
Baggage companies, no passes to, except baggage agents.
Bananas, passes to caretakers of....
Bills of lading-

responsible for routing shown....
to show inland rate on imports and exports.

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Blockades

diverted traffic pays regular rates......
detoured by higher route, initial line responsible.
rates on diverted traffic...

rules not applied to congested traffic.
Boats, advancing charges to, when not common carriers, forbidden.
Bond to secure repayment of shipper's claim does not justify

immediate payment
Both directions, rates to apply only if so published.
Briefs, 12-point, antique paper, 578 by 9 inches double leaded text..
Canadian fares, 1 cent per mile to immigrants, discrimination, no

jurisdiction
Cancellation, new rate not canceling old, later remains effective.
Capacity not to be loaded on new car.
Car and party pass should be immediately corrected.
Cars destroyed, foreign line returns trucks to owner.
Caretakers-

“fruit” includes perishable vegetables.
going out to buy and failing, must pay fare.
in connection with express shipments..
live stock, poultry, and fruit..
newspaper messengers not..
no pass going out to purchase.
of stock, poultry, and fruit does not include milk.
only for trip, not annual

passes to, to buy bananas..
Car fitting, no reimbursement to shippers for fitting cars unless in

tariff Carload minimums

can not be set aside..... C. L. weights for new cars.

greater or less than ordered.. Carload rates, permission to establish on short notice. Carrier

issuing tariff responsible for unlawful names. not bound by being named without authority. not to be given preferential rates.

responsible under tariffs Carrier's lease to industry for shipments may be unlawful. Carriers not subject to act

employees of, no passes.

ocean carriers, wagon, stage, and automobile, no passes...
Car service within jurisdiction of Commission on interstate shipments.
Cars off line, through route carriers must send car or transfer.
Casualties, in case of, hours of service law does not apply...
Certificate plan, round-trip tickets...
Changes in rates and fares.
Charitable purposes, free or reduced rates.
Charter, lawful for carrier to publish rate for movement of engine

and train of cars, tickets to be sold by charterer.
Circulars, distribution of
Circus outfits, transportation of.
Claims

carrier must investigate before paying...,
filed since Aug. 28, 1907, limited within two years of filing; filed

on or before Aug. 28, 1907, not limited... shipper may not deduct from freight charges.

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Class and commodity rates on same article in same taritf.
Classification of high explosives...
Cleaning-in-transit-

included in transit privileges, but not retroactive.

tonnage not to be substituted...
Coal for steam, not entitled to reduced rates.
Collection of undercharges from consignees..
Collection expenses for undercharge, valid against carrier in fault..
Combination, joint and local rates...
Commissioners of States not to use passes on interstate journeys.
Commissions and refunds
Commissions on import traffic to consignees, not sanctioned.
Commodity rate-

takes commodity out of classification..

under Rule 7, 15-A, the lawful rate.. Commutation fares, thirty days' notice. Commutation State ticket may be used on interstate journey Competing rate not good cause for short notice. Competitors' rate, may not be met.... Complaints, informal, special reparation on. ('oncession

pending complaint, order to require that rate two years.

pending special reparation, one year from order.... Concurrences

attorney files tariff, nonconcurring carrier refiles, unlawful..
before and since May 1, 1907...
binds carrier to short notice...
formerly no uniform or definite practice.
not required by ocean carrier.....

regulations require express companies must secure.
Concurring express companies bound by agent...
Connecting line, through route, must go through or transfer.
Consignee-

change of is a reconsignment....
commissions to on imports not sanctioned.
permitted refund of drayage on misrouted shipment.

undercharges must be collected from... Consignors

and consignees to coöperate in avoiding errors.
must pay lawful charges, though carrier neglects promise.

responsibility
Contracts between railroads and telephone and telegraph companies

must be filed .... Contracts for divisions of joint rates must be filed.. Contractors for material entitled to passes, if provision in contract. Convention, Pullman stop-over not to be limited to one club... Correspondence of Commission must be quoted in full...

with Commission Damage-in-transit, return rule as to closed packages. Damaged shipment left on hands of carrier.. Dateof effectiveness, if omitted in first tariff, it becomes effective as

soon as filed tariff with no effective date, unlawful Deadheading, not on duty under hours of service law.

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