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[EXPRESS TARIFFS AND CLASSIFICATIONS.]
be known as "Joint Basing Transfer Tariffs' and shall include the transfer points by which through rates may be figured, and shall provide that the lowest charge that can be computed therefrom via any transfer point named therein shall be the through charge from point of origin to destination applicable via any transfer point named therein.
6. Limiting use of terms "Missouri River points," "general specials,” etc.— The terms "Missouri River points," "Puget Sound points," or similar terms shall not be used in any tariff for the purpose of indicating the points from or to which rates named therein apply unless a full list of such points is printed in the tariff or specific reference is given to the I. C. C. number of the issue that contains such list.
The term "general specials," or similar term must not be used in any tariff for the purpose of indicating the articles to which the rates apply, unless a full list of the articles included in and covered by such term is printed in the tariff or specific reference is given to I. C. C. number of issue that contains such list.
Commodity rates must be specific.-Commodity rates must be specific and must not be applied to analogous articles.
7. Commodity rate the only rate that can lawfully be used.-In every instance where a commodity rate is named in a tariff upon a commodity and between specified points such commodity rate is the lawful rate and the only rate that can be used by the companies parties thereto, with relation to that traffic between those points, even though a merchandise rate or some combination may make lower. The naming of a commodity rate on any article or character of traffic takes such article or traffic entirely out of the classification and out of the merchandise rates between the points to which such commodity rate applies, and the commodity rate so named is not modified by the provisions in the classification for extra valuation charges, limitation of liability, icing charges, or any variation of the commodity rate, unless the commodity tariff provides that classification rules will govern.
Classifications and class rate tariffs shall contain the provision that wherever commodity rates are named they remove the application of the classification scale or class rates to the same commodity and between the same points.
Rates for mixed shipments.-Rates may be made for specified mixed shipments and will be the lawful rates for such mixtures, even though certain parts of the mixtures are covered by merchandise or commodity rates when shipped separately.
8. Tariff or supplement to tariff shall specify cancellations.—If a tariff or supplement to a tariff is issued which conflicts with a part of another tariff or supplement to a tariff which is in force at the time, and which is not thereby canceled in full, it shall specifically state the portions of such other tariff which are thereby canceled, and such other tariff shall at the same time be correspondingly amended in the regular way. It will not be necessary to give on commodity tariff or supplement reference to merchandise rate tariffs that may be affected, nor to give on merchandise rate tariffs or supplements reference to commodity tariffs, except as provided in Rule 28.
Cancellation must be by authorized agent or by express company that issued the tariff canceled.-An agent who acts under power of attorney is fully authorized to act for the express companies that have named him their agent and attorney, and, therefore, it is permissible for him to cancel by his tariffs issues of such principals. A concurrence, however, does not confer authority upon either express company or agent to cancel tariffs of concurring express company and, therefore, tariffs issued under concurrences may not assume to cancel, or carry notation of cancellation of, tariffs of and issued by concurring express companies. Such cancellations must be made by the express company that issued the tariff that is to be canceled.
Cancellation notice must be by supplement.-If a tariff is canceled with the purpose of canceling entirely the rates named therein, or when, through error or omis sion, a later issue failed to cancel the previous issue, and a tariff is canceled for the purpose of perfecting the records, the cancellation notice must not be given a new I. C. C. number, but must be issued as a supplement to the tariff which it cancels, even though such tariff may at the time have two effective supplements.
Cancellation notice shall specify where rates will thereafter be found.-When a tariff or a commodity rate is canceled by supplement the cancellation notice must
[EXPRESS TARIFFS AND CLASSIFICATIONS.]
show where rate will thereafter be found, or what rate will thereafter apply. For example: "Rate in I. C. C. No. will apply," or "Merchandise rates will apply," or "Combination rate will apply," or "No rates in effect." If a tariff is canceled with the purpose of applying in lieu thereof the rates shown in some other tariff, the cancellation notice shall make specific reference to the I. C. C. number of tariff in which such rates will thereafter be found. Cancellation of a tariff also cancels supplement to such tariff, if any in effect. If a tariff is canceled by the issuance of a similar tariff to take its place, cancellation notice must not be given by supplement, but by notice printed in new tariff, as provided in paragraph (b) of Rule 3.
9. Amendments and supplements.-A change in or addition to a tariff shall be known as an amendment, and, excepting as provided in Rules 2 and 5, shall be issued in a supplement to the tariff and shall refer to the page or pages or item or items of the tariff which it amends. Supplement shall contain full list of participating carriers.
No more than two supplements at any time.-Supplements to a tariff shall be numbered consecutively as supplements to that tariff and not be given separate or new I. C. C. numbers. There shall at no time be more than two supplements in effect to any tariff. Each supplement shall specify the supplement or supplements which it cancels, and shall also show on title-page what supplements are in effect and that such effective supplements contain all changes. For example: "Supplement No. "Cancels Supplements Nos.
to I. C. C. No. and -." "Supplements Nos. are in effect and contain all changes." The term cancels conflicting portions" must not be used.
An amended item must always be printed in supplements in its entirety as amended. Show effective date of reissued items and I. C. C. reference.-A tariff or a supplement which contains reissued items must not bear the notation "effective at once, except as noted" but instead must bear the notation "effective except as noted in individual items." Example: "Issued -, except as noted in individual items."' Reissued items must bear notation "Effective [date upon which item became effective] in I. C. C. No. -;" or "in Supplement No. to I. C. C. No.
Items reissued from publications that were on file prior to August 1, 1908, may show last date and reference prior to August 1, 1908.
Amount of matter supplement may contain.-When the effective supplements to a tariff have, in the aggregate, attained the proportions of twenty-five (25) per cent of the pages in the original tariff, with a minimum of two pages, it must be reissued before further amendments may be made.
10. Tariffs must show icing, lighterage, or switching charges, or refer to I. C. C. tariff containing them.-In all cases where a charge in addition to tariff rate is made for icing, lighterage, or switching, the express company shall either include such charge in the tarit or refer therein to I. C. C. number of the tariff wherein such additional charge will be found.
11. Index of tariffs-Date of issue but no effective date for index of tariffs.-Each express company shall publish under proper I. C. C. number, post, and file a complete index of tariffs which are in effect and to which it is a party. Each index must bear on its title-page the notation "This index contains lists of tariff publications in effect on (date of issue of the index)."
Each supplement to index must bear on title-page the notation "This supplement contains corrections to and as in effect on (date of issue of the supplement).
The title-page of index or of supplement must show the date of issue thereof, which must correspond to date shown in notations above, and must not bear any effective date. The rule requiring thirty days' notice does not apply to these indexes and their supplements. Such index shall be prepared in sections as follows and shall show: (a) I. C. C. number; (b) express company's own number; (c) index number; (d) initials of issuing express company or agent; (e) issuing express company or agent's number; (f) character of tariff or description of the articles upon which it applies; (g) where tariff applies from; (h) where tariff applies to.
Note.-Items (b), (c), and (e) may be omitted. Items (f), (g), and (h) will be stated in concise general terms.
[EXPRESS TARIFFS AND CLASSIFICATIONS.]
First section: A list of all the tariffs as to which the express company is an initial carrier. Commodity tariffs to be entered alphabetically under names of commodities or principal commodities. Tariffs applying to different groups of the same commodity must be grouped together; e. g., "Fruits," etc.
Following the specific commodity tariffs will be entered the general commodity tariffs and the merchandise tariffs. Under each of these heads the application of the tariffs will be described by alphabetical arrangement of the points or territory from or to which they apply, in either the "From" or "To" or "Between" column. Tariffs applying between a certain office and other offices will be listed in alphabetical order of offices for which constructed.
Second section: List of all tariffs of other express companies to which the express company is a party, arranged under commodities or merchandise as prescribed in the first section.
If the express company so desires, lists of its division sheets, official circulars, etc., may appear in this publication. Supplements need not be included in indices.
Revision and supplements.-If any changes are made, this index shall be corrected to date and be reissued each month, or supplement may be issued each month show. ing 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, excepting that "Additions" to and "Eliminations" from the index will be arranged under those respective heads; and each supplement must cancel preceding supplement and bring forward all changes.
12. Tariffs to or from season or summer offices.-Tariffs of rates applying to or from offices at which business is transacted only during certain portions of the year, or tariffs applying over water routes during season of navigation only, shall remain in force until changed in the manner provided by these regulations, and it will not be necessary to re-file with the Commission the rates in force to or from such office or over such route, temporarily closed, when it is reopened. Three days' previous notice of the opening and closing of any summer or season office or water route must be filed with the Commission and duly posted, in supplement to the tariff. All offices where rates are temporarily in effect shall be designated in tariffs as “summer" or "season" offices.
13. Filing of tariffs-Concurrence-Authorizing an agent to file tariffs.-Tariffs, classifications, and exception sheets and supplements thereto shall be filed with the Commission by proper officer of the express company or by an agent designated to perform that duty, and concurrence of every carrier amenable to the act to regulate commerce participating therein must be on file with the Commission or accompany the tariff or supplement. If an express company authorizes an agent to file its tariffs or classifications and exception sheets and supplements thereto, or certain of them, official notice of such authorization and of acceptance of responsibility by the express company for his acts, in form as hereinafter specified, must be filed with the Commission.
Authority to agent may be revoked or transferred.-Such notice may be revoked by an express company 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 on file.-If two or more express companies appoint the same person as agent for the filing of tariffs or classifications 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 amenable to the act to regulate commerce, participating in any tariff or classification or supplement thereto which is filed by him must be on file with the Commission or accompany the tariff.
Joint agent will use his own I. C. C. serial number.-Such joint agent duly authorized to act for several express companies must file joint tariffs or classifications or exception sheets under I. C. C. serial numbers of his own.
Tariffs issued by an express company under concurrences will be filed by it for all concurring.-Tariffs issued by an express company under its I. C. C. numbers may include, under proper concurrences, shown therein, rates via, and to and from points on other express companies' lines and concurring express companies may use such
[EXPRESS TARIFFS AND CLASSIFICATIONS.]
tariffs for posting at their offices. Such tariff must be filed by the issuing express company and such filing will constitute filing for all lawfully concurring carriers.
Send copies of joint publication to every participant therein.-The agent or the express company that issues a joint tariff publication shall at once send copies thereof to each and every carrier that is named as party thereto.
Express company must not publish rates conflicting with or duplicating rates published by its agent.-An express company that grants authority to an agent or to another express company to publish and file certain of its rates must not in its own publications publish rates that duplicate or conflict with those which are published by such authorized agent or other express company.
All State or other rates used for interstate shipments must be posted and filed— All local tariffs should have I. C. C. numbers and be posted and filed.-Rates for through shipments are often made by adding together two or more rates. All State or other rates used in combination for interstate shipments must be posted at offices 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.
14. Statutory notice or authority for shorter notice must be shown.-The act requires that all changes in rates, or in rules that affect rates, 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 titlepage of every tariff must show full thirty days' notice, or must 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 express companies' from liability for violation of act or regulations thereunder. The law affirmatively imposes upon each express company the duty of filing with the Commission all of its tariffs and amendments 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 rate 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 a 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 express company 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 required for every publication filed-Tariffs must be delivered to Commission free from all charges or claims for postage, the full time required by law. Thirty days' notice to the public and to the Commission is required as to every publication which it is necessary for an express company 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 Post-Office 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 sender, and correction of the neglect or omission can not 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 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' notice required. For tariffs and supplements issued on short notice under special permission of the Commission full thirty days' notice is not required, but literal compliance with the requirements for notice named in any permission granted by the Commission will be exacted and in accord with the policy and practice above outlined.
[EXPRESS TARIFFS AND CLASSIFICATIONS.]
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 that it is issued in lieu of such rejected schedule "In lieu of rejected by Commission;"' nor
should the I. C. C. number or supplement number which it bears be again used.
Rates prescribed in Commission's decision must be promulgated in tariffs.-Rates prescribed by the Commission in its decisions and orders after hearings upon formal complaints and accepted by defendants or affirmed by a court, shall, in every instance, be promulgated by the express companies 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 express companies under injunction of a court, relating to tariff rates 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 express company 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 one last 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 express companies 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.-Express companies and their agents are directed, in filing schedules in compliance with the statute to transmit two (2) copies of each tariff, supplement, classification, or other schedule of rates or regulations, for the use of the Commission, both copies to be included in one package and under one letter of transmittal.
Address tariffs to Auditor.-Tariffs sent for filing must be addressed "Auditor Interstate Commerce Commission, Washington, D. C."
15. Issuance of classification by joint agent.-An express company may grant to a joint agent authority to publish and file for it classification and supplements thereto and exceptions to the classification; or, such exceptions may be published by the express company in its own issues, either as parts of individual tariffs or in a publi cation that is given an I. C. C. number, that is filed and posted as required, and that is devoted to such exceptions. Such exceptions and changes therein may be made only on statutory notice or under special permission for shorter time.
In so far as is reasonably practicable exceptions should be included in the tariff which they affect.
I. C. C. numbers of classification-List of participating express companies-Filing classification. A joint agent to whom express companies have extended authority under power of attorney to publish and file classification and supplements thereto must issue them under his own I. C. C. numbers, must show in the classification a list of the express companies for which he acts under power of attorney, giving as to each the EX1 number of such authority, and must file the classification and supplements thereto on behalf of all of the express companies that have so authorized him to act for them; and such express companies will not file for themselves the classification or supplements thereto. The provisions of the law as to statutory notice must be observed in the issuance of supplements or reissue of the classification.
If express company does not authorize agent to file classification, it is bound to