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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.
Tariff Circular No. 15-A. (See page 681.)
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.]
Absorption of switching charges under tariffs must be paid by carrier.
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.
responsible for routing shown....
diverted traffic pays regular rates......
rules not applied to congested traffic.
“fruit” includes perishable vegetables.
passes to, to buy bananas..
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...
and train of cars, tickets to be sold by charterer.
carrier must investigate before paying...,
on or before Aug. 28, 1907, not limited... shipper may not deduct from freight charges.
Class and commodity rates on same article in same taritf.
included in transit privileges, but not retroactive.
tonnage not to be substituted...
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..
regulations require express companies must secure.
change of is a reconsignment....
undercharges must be collected from... Consignors
and consignees to coöperate in avoiding errors.
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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