respect to filing. The arrangements for this purpose could well be made so that the duty to file joint tariffs would rest with the road upon which the traffic originates. FAILURE TO GIVE PROPER NOTICE OF CHANGES IN RATES. The requirement of the sixth section of the act pertaining to notice of advance and reduction in rates to the public and to the Commission is often ignored. Where announcements of changes have not been promptly made it has been the custom to call the attention of carriers to such omissions. During the year ending November 30, 1891, 368 letters were written for this purpose. FAILURE TO FILE TARIFFS. It is of daily occurrence that our attention is directed to the failure of different roads to file tariffs with the Commission when issued. During the twelve months ending November 30, 1891, 1,679 letters were written calling for tariffs which carriers had neglected to file, and to which reference was found upon sheets already received. In response to these letters 15,182 tariffs were forwarded to the Commission, which were not filed when issued. NUMBERING TARIFFS. The majority of roads number their tariffs under various methods. A correct system is important. A number should serve as a part of the title of the tariff and should be plainly stated for the purpose of identifying each tariff, and further, for the purpose of abrogating or amending other tariffs. Numerous series in use by some roads could be reduced. With others no reason appears to exist why the tariffs may not be embraced in one series. Many of the larger roads find the latter plan convenient. References made to numbers are often confusing. A tariff will be numbered G. F. D. No. 678, and G. F. O. No. 1292. The sheet which abrogates this tariff will read simply No. 678 or No. 1292, without making reference to the series. If a road has many series, omitting the series and making reference as above, creates doubt as to what sheet is intended to be abrogated. This is especially the case where the same number is found under many series. Some tariffs read, "superseding all conflicting rates," without referring to numbers or titles of the tariffs so canceled, and it is impossible to tell to what extent the new tariff changes the former issues without careful comparison. Supplements and amendments to printed tariffs are in many cases without number; and where several supplements are issued to the same tariff confusion arises as to their order of application. Where roads find it necessary to issue tariffs in series, a separate series should be adopted for such, as they are required to post and file distinct from tariffs to which this requirement does not apply. The numbering should be systematic, and references to the numbers should be plain and complete to be of service to all making use of the tariffs. Some roads have adopted the plan of providing the tariffs sent to the Commission with a progressive filing number, which is independent of the number of the tariff or of the series. This plan would be of great convenience to the Commission and would no doubt be found useful by most roads. SIZE OF TARIFFS. Tariffs received for filing are of various sizes. Many are larger than they need be, while others are frequently on sheets so small that much of the information necessary to correctly understand their application is omitted. At the suggestion of this office many roads print their rates on sheets 11 inches long by 8 inches wide. This size is fast becoming standard, and it is found large enough to embrace all the detail necessary to properly present the rates. Many roads, however, are yet without method in this respect; their tariffs vary in size, and are on this account in many ways incomplete. Prescribing that tariffs shall be printed on sheets 11 inches long by 8 inches wide will not prevent such tariffs from being constructed to embrace all information contemplated by the law, and will result in uniformity of size, which will greatly sacilitate the work of all using the tariffs. UNIT OF QUANTITY OMITTED FROM TARIFFS. Frequently a tariff constructed in generally good form omits to state the quantity for which the rates are named, simply giving the figures. The character of the traffic in most cases indicates the quantity for which the rate is stated, but it should be given definitely, such as "Per 100 lbs.," "Per bbl.," "Per ton," "Per car." The figures representing rates on coal sometimes appear on the tariffs thus, "415" without sign or punctuation. The rate may be $4.15 or 41.5 cents per ton. As the distance does not always appear upon the tariffs, rates are frequently misunderstood on this account, and additional examination is necessary to verify the figures. This occurs so frequently that it is thought proper to call attention to it. NAME OF STATE IN WHICH POINTS ARE LOCATED. Many tariffs which could not be otherwise objected to, omit to name the State in which points are located. Roads have been called upon to improve their methods in this respect, but it seems of sufficient importance to again bring it to the attention of carriers. ABBREVIATIONS ON TARIFFS. Tariffs showing rates to points on other roads frequently abbreviate the names of such roads, as follows: "To points on the J. M. & I. Ry," or "To points on the C. L. & C. Ry." When this plan is followed tariffs frequently confuse the shipper, who may not be informed as to the meaning of such abbreviations, and he has to make further inquiries in order to ascertain whether the rates shown in such tariffs are the rates he wants. Carriers should be required in all cases to give the names of railroads in such a manner that they will be understood. The whole subject as here treated pertains principally to tariffs covering freight traffic; these are more complained of and more in need of revision than passenger tariffs. Further, in relation to the whole subject, the following circulars, rulings, etc., are appended, together with extracts from letters, decisions, and the annual reports of the Commission. Very respectfully submitted. C. C. MCCAIN, Auditor. SECTION SIX OF THE ACT TO REGULATE COMMERCE. Section 6 of the act is as follows: That every common carrier subject to the provisions of this act shall print and keep open to public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any such common carrier has established, and which are in force at the time upon its route. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately the terminal charges and any rules or regulations which in anywise change, affect, or determine any part of the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type, and copies for the use of the public shall be posted in two public and conspicuous places in every depot, station, or office of such carrier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public and can be conveniently inspected. Any common carrier subject to the provisions of this act receiving freight in the United States to be carried through a foreign country to any place in the United States, shall also, in like manner, print and keep open to public inspection, at every depot or office where such freight is received for shipment, schedules showing the through rates established and charged by such cominon carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States, the through rate on which shall not have been made public, as required by this act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production; and any law in conflict with this section is hereby repealed. No advance shall be made in the rates, fares, and charges which have been established and published, as aforesaid, by any common carrier, in compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the increased rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. Reductions in such published rates, fares or charges shall only be made after three days' previous public notice, to be given in the same manner that notice of an advance in rates must be given. And when any such common carrier shall have established and published its rates, fares, and charges in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection therewith than is specified in such published schedule of rates, fares, and charges as may at the time be in force. Every common carrier subject to the provisions of this act shall file with the Commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the requirements of this section, and shall promptly notify said Commission of all changes made in the same. Every such common carrier shall also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this act to which it may be a party. And in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said Commission. Such joint rates, fares, and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers when directed by said Commission, in so far as may, in the judgment of the Commission, be deemed practicable; and said Commission shall from time to time prescribe the measure of publicity which shall be given to such rates, fares, and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published. No advance shall be made in joint rates, fares, and charges, shown upon joint tariffs, except after ten days' notice to the Commission, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect. No reduction shall be made in joint rates, fares, and charges, except after three days' notice, to be given to the Commission as is above provided in the case of an advance of joint rates. The Commission may make public proposed advances, or such reductions, in such manner as may, in its judgment, be deemed practicable, and may prescribe from time to time the measure of publicity which common carriers shall give to advances or reductions in joint tariffs. It shall be unlawful for any common carrier, party to any joint tariff, to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of persons or property, or for any services in connection therewith, between any points as to which a joint rate, fare, or charge is named thereon, than is specified in the schedule filed with the Commission in force at the time. The Commission may determine and prescribe the form in which the schedules re quired by this section to be kept open to public inspection shall be prepared and arranged, and may change the form from time to time as shall be found expedient. If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of rates, fares, and charges as provided in this section or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subject to a writ of mandamus, to be issued by any circuit court of the United States in the judicial district wherein the principal office of said common carrier is situated, or wherein such offense may be committed, and if such common carrier be a foreign corporation in the judicial circuit wherein such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section; and such writ shall issue in the name of the people of the United States, at the relation of the Commissioners appointed under the provisions of this act; and the failure to comply with its requirements shall be punishable as and for a contempt; and the said Commissioners, as complainants, may also apply in any such circuit court of the United States for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property among the several States and Territories of the United States or between the United States and adjacent foreign countries, or between ports of transshipment and of entry and the several States and Territories of the United States, as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section of this act. RULE RESPECTING THE FILING OF TARIFFS BY ASSOCIATIONS, COMMITTEES, ETC. J. N. FAITHORN, Esq., INTERSTATE COMMERCE COMMISSION, Chairman, W. and N. W. Freight Bureau, Chicago, Ill.: DEAR SIR: In the case of schedules of passenger rates, and of joint tariffs of freight charges, and of classifications, circulars, and other matter issued by a freight bureau, association, or other traffic combination, consisting of several carriers, or issued by a committee representing a group of roads, the Interstate Commerce Commission desires a written statement from each corporation to the effect that it is a member of the association in question, and that schedules, tariffs, and classifications, circulars, and other printed matter issued by the committee, or its chairman, or other authorized official, and filed with the Commission are to be treated as if filed by such corporation itself. In case there is a written agreement under which the association works, a copy thereof should also be filed. Upon receipt of the foregoing as evidence of the authority of the bureau, association, or committee, schedules, tariffs, and other documents issued by it will be received by the Interstate Commerce Commission, and credited to each road in the organization, as if filed by such road respectively; and in such case it will not be necessary for each carrier to file such publication individually. A letter of transmittal stating contents should accompany each enclosure. Very respectfully, For the Commission. EDW. A. MOSELEY, Secretary. RULES FOR FILING JOINT PASSENGER RATES COMPILED UNDER AGREEMENTS OF COMMITTEES AND ASSOCIATIONS. INTERSTATE COMMERCE COMMISSION, DEAR SIR: At present there is no uniform method on the part of the railroads for filing with the Commission joint passenger rates which are compiled under agreement of committees or associations. last, as follows: In this connection the Commission ruled on June 15th "In the case of schedules of passenger rates issued by a committee representing a group of roads the Commission desires a written statement from each corporation to the effect that it is a member of the association which the committee represents, and that tariff schedules filed by the committee are to be treated as if filed by such corporation. In case there is a written agreement under which the association works a copy thereof should also be filed. Upon receipt of the foregoing as evidence of the authority of the committee, schedules of the tariffs and documents issued relating to changes in passenger rates, etc., will be received by the Commission and credited to each road in the association as if filed by such road, respectively. A letter of transmittal stating contents should accompany each inclosure." To further perfect the plan which it was hoped the foregoing ruling would establish you are now requested to comply with the following: First. To advise this office of the names of the committees or associations of which your company is a member, and also of the names of the commissioners or compilers to whom authority and instructions have been given to file tariffs, etc., with the In terstate Commerce Commission for your company, and the names and character of the tariffs so covered. Second. To instruct the commissioner or compiler for such committee or association to file with this office one copy of the contract, agreement, or arrangement under which action is taken for the establishment of joint passenger rates. Third. To instruct the commissioner or compiler of such committees or associations to file with this office all schedules of passenger rates which may be issued by him for your company separately or jointly with other roads. Under a compliance with this arrangement it will not be necessary for each company to file such tariffs as are filed by the commissioners or compilers. Credit for such filing will be given to each road from which advice has been received of the authority given representatives of committees or associations. Very truly yours, For the Commission. DELAY IN FILING TARIFFS. C. C. MCCAIN, Auditor. INTERSTATE COMMERCE COMMISSION, DEAR SIR: It appears from the dates given on tariffs received at this office for filing, that many of the companies allow their tariffs to accumulate before forwarding them here. Under such arrangements it frequently occurs that the Commission does not receive advice of a change in rates until weeks after the tariffs are in effect. In this connection your attention is called to section 6 of the "Act to Regulate Commerce," and particularly to the following extract from that section: "Every common carrier subject to the provisions of this act shall file with the Commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the require. ments of this section, and shall promptly notify said Commission of all changes made in the same." Very truly yours, C. C. MCCAIN, Auditor. INSTRUCTIONS TO CARRIERS LOCATED WHOLLY WITHIN ONE STATE OR TERRITORY, AS TO THE FILING OF TARIFFS RELATING TO INTERSTATE TRAFFIC. [Circular No. 6.] INTERSTATE Commerce CommISSION, AUDITor's Office, Washington, February 13, 1888. Roads located wholly in one State or Territory, which interchange freight or passenger traffic with connections to or from points outside of such State or Territory on through tickets or bills of lading, should file tariffs covering such traffic with the Commission. |