CONSTRUCTION 
 
 OF 
 
 CLASSIFICATIONS AND TARIFFS 
 
 ELVIN S. KETCHUM, A. B., Pd. M. 
 
 DIRECTOR, THE SHIPPERS FREIGHT SERVICE 
 
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 (N0N-RE8IDRNT instruction) 
 
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 Copyright 1910 
 
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 CONSTRUCTION OF CLASSIFICATIONS 
 AND TARIFFS 
 
 BY ELVIN S. KETCHUM 
 
 T HIS Technical Lecture Discusses: Origin of Classifications— Principles and Practice— Uniformity— • 
 Commodity Tariffs— Creating Tariffs— Joint Tariffs— Association Tariffs— Construction of Classifies 
 don— Regulations Governing the Filing of Freight Tariffs by the Commission. 
 
 Industries follow the railroads. The growth of any sec- 
 tion of country or city depends, to a high degree upon its 
 strategic position as a transportation center. Unprece- 
 dented transportation facilities have brought to Chicago 
 during the past few years about seventeen thousand indus- 
 tries, making it surpass in population twenty-four cities in 
 the United States. 
 
 The combination of a good supply of raw materials with 
 industries to utilize them, and transportation facilities to 
 market the finished products has been the principal cause 
 for the development of our great commercial centers. Pitts- 
 burg for some time has been the center of the steel industry 
 but easier access to ore beds and better transportation facili- 
 ties are among the factors which are now transferring the 
 center of the steel industry to Gary, Ind., at the foot of Lake 
 Michigan. 
 
 Gary is the place where steel for coming centuries can be 
 made cheaper and shipped to market with less expense than 
 from any other place in the world. No element which would 
 contribute to economy in manufacturing and maximum of 
 output was neglected in the placing and designing of the 
 Gary plant. Each factor was analyzed— assembling of raw 
 materials, distribution of product, existing and future mar- 
 kets, labor supply and provision, efficiency of workmen and 
 cost of site for unlimited expansion. 
 
 Assembling of raw materials and distribution of product 
 were matters of transportation. There was iron ore in the 
 Superior Ranges, coal in Southern Illinois. Where could 
 they be brought together with least cost and the resulting 
 
 180897 
 
4 
 
 ELVIN S. KETCHUM 
 
 steel distributed with greatest ease and economy? Plainly 
 not at the coal or iron mines, each remote from markets and 
 from all the other sources, but at a point between these cen- 
 ters where lake carriers and railroads could meet at the 
 threshold of the biggest market and lay down their ore and 
 fuel together without trans-shipment. 
 
 Choice of location for the new plant was limited to Chi- 
 cago or its vicinity, which is the central market of the richest 
 industrial region of the country, the railroad hub of the con- 
 tinent, a voracious consumer of structural steel, and the 
 point where the shortest lake .journey could be linked with 
 the shortest haul from Virginia coke ovens and Illinois coal 
 shafts. 
 
 This industrial development, the result of transportation 
 conditions which is going on at Gary, is constantly changing 
 the density of traffic and in time will have its effect on rail- 
 road tariffs and rates. The study of freight rates charged 
 by railroads in various parts of the United States therefore 
 discloses the fact that these rate structures have been deter- 
 mined by a multiplicity of factors. Geographical position, 
 natural resources, relation to markets, existing transporta- 
 tion facilities, relation to the waterways, industrial and civic 
 needs, the length of the haul, value and risk in transporting 
 various kinds of goods, gradients and many other factors, 
 which have caused long struggles and many compromises 
 have all been taken into consideration in establishing the 
 present rate schedules. 
 
 The old English canals collected tolls on the basis of a gen- 
 eral classification of goods. Thi s has developed into 4 4 Charg- 
 ing what the traffic will bear” with no relation to what it 
 costs the transportation companies to perform the service. 
 It is obvious that it costs more to handle some kinds of goods 
 than others ; that the possibilities of risk are greater with 
 some commodities and that the cost of transportation differs 
 with railroads in accordance with their efficiency and their 
 strategetic position. If actual cost of service could be easily 
 
CLASSIFICATIONS AND TARIFFS 
 
 5 
 
 determined it would be a very easy matter to establish a rate 
 for the shipment of all kinds of goods. 
 
 When the fixing of freight charges, where they can best 
 be borne, is the basis of classification a very intricate problem 
 arises. This principle at once brings up the relative value of 
 the various articles of commerce and causes the complexity 
 of the classifications to develop with our industries. Up to 
 1856 there were only 33 items in the classifications. Now the 
 number runs into thousands and the various tariffs into mil- 
 lions. When the Interstate Commerce Act was passed in 
 1887 most all of the various railroads had a classification of 
 their own. Between the important commercial centers there 
 were joint rates but these were mostly used by connecting 
 or competitive lines. 
 
 The Interstate Commerce Law however, especially that 
 part of it relative to the long and short haul clause made it 
 impractical to continue with the conflicting classifications 
 and therefore an attempt was made to unify the classes of 
 goods by a uniform classification. The various representa- 
 tives of the railroads however could not agree upon uniform- 
 ity of classification, but three general classifications were 
 finally adopted which are not made by the railroads them- 
 selves but by committees made up of representatives of all 
 the railroads operating in the territories where the classifica- 
 tions have jurisdiction. 
 
 The factors which must be taken into consideration in the 
 classification of goods as stated in the 1897 report of the In- 
 terstate Commerce Commission are as follows: “Whether 
 commodities were crude, rough, or finished ; liquid or dry ; 
 knocked down or set up ; loose or in bulk ; nested or in boxes, 
 or otherwise packed; if vegetables, whether green or dry, 
 desiccated or evaporated; the market value and shipper’s 
 representations as to their character; the cost of service, 
 length, and duration of haul ; the season and manner of ship- 
 ment ; the space occupied and weight ; whether in carload or 
 less than carload lots ; the volume of annual shipments to be 
 
6 
 
 ELYIN S. KETCHUM 
 
 calculated on ; the sort of car required, whether ice or heat 
 must be furnished ; the speed of trains necessary for perish- 
 able or otherwise rush goods ; the risk of handling, either to 
 the goods themselves or other property ; the weights, actual 
 and estimated; the carrier’s risk or owner’s release from 
 damage or loss.” 
 
 From this it must be obvious that there are a multiplicity 
 of interests which must be considered in the classification 
 of goods and that if these interests are not protected by some 
 regulative authority there are many chances for unjust dis- 
 crimination. The Interstate Commerce Commission, there- 
 fore, has been given authority to determine the classification 
 of goods when disputes arise. 
 
 The Interstate Commerce Law, however, gives to the rail- 
 roads the authority to fix the rates to be charged for the 
 transportation of the various articles of commerce; but it 
 would be absolutely impossible to fix a separate rate on every 
 different article shipped. The city of Cleveland, for exam- 
 ple, is said to manufacture over 127 thousand different kinds 
 of goods. The number of articles manufactured in the 
 United States for which rates would have to be made would 
 make freight rate tariffs impracticable. 
 
 In order to best meet the conditions which predominate, it 
 has been found by long experience that the most practicable 
 method of fixing rates is by making classifications for the 
 various articles of commerce. These classifications are de- 
 termined by committees composed of representatives of the 
 various railroads which make a careful study of the needs 
 of the carriers and the industries. One of these committees, 
 known as the Southern Classification Committee, sits in At- 
 lanta, Ga., and represents the interests of railroads and ship- 
 pers in the territory over which it has jurisdiction. The 
 Western Classification Committee has its headquarters in 
 Chicago, while the Official Classification Committee sits in 
 New York City. These committees make the classifications 
 
 / 
 
CLASSIFICATIONS AND TARIFFS 
 
 7 
 
 which form the basis for establishing rates on all goods 
 shipped in this country on class rates. 
 
 Commodities are classed high when they sell for a high 
 price ; low, when they sell for a low price as compared with 
 the cost of transporting them to market. Another principle 
 which determines classification is the value of articles in 
 comparison to the space they occupy. It is very difficult for 
 one not familiar with the principles governing classification 
 to understand why certain articles are grouped together in 
 various classes. 
 
 The Official Classification, for example, has six distinct 
 classes : Books, liquors and shoes are placed in the 1st class ; 
 cotton, eggs and ink in the 2nd class ; stoves, peanuts and ale, 
 3rd class ; ashes and wire, 4th class, etc. Implements of agri- 
 culture, on account of the space they occupy, take a double 
 rate unless they are 4 4 knocked down” in which case they are 
 classified regularly. 
 
 When goods are shipped in car-load lots, they are often 
 put in the lowest class. Rope and hay, for example, is 1st 
 class in less than car-load lots, but 5th class in car-load lots. 
 Crackers are classified as 4th class in car-load lots and 1st 
 class in less than car-load lots. It must be understood that a 
 car-lot is not what the car will hold. Classification Com- 
 mittees fix the minimum rate for each car. In the Official 
 Classification Territory, 30 thousand pounds on all goods, 
 excepting when not otherwise specified, is required for the 
 car-load lots. 
 
 The placing of the same kind of goods in a different classi- 
 fication when shipped in different quantities as in less than 
 car-load lots, makes it possible for the large shipper to get a 
 lower rate on the same goods than the small one although 
 this is strictly contrary to the intent of the Interstate Com- 
 merce Act. This is a kind of discrimination which has 
 greatly affected the business of the small manufacturer. 
 
8 
 
 ELYIN S. KETCHUM 
 
 The Official Classification Committee, however, aims to 
 protect the Eastern manufacturer. The Western Classifica- 
 tion Committee and the Southern Classification Committee 
 strive to promote the interest of the jobber. Yet the influ- 
 ences which the large shippers bring to bear upon the classi- 
 fication committees in the way of increasing the minimum 
 rates and in classifying goods high which are not shipped in 
 car-load lots make it extremely difficult for those who have 
 charge of the classification of commodities to eliminate dis- 
 crimination. 
 
 Conditions today, however, are not as disadvantageous to 
 shippers as they were before the classifications of the coun- 
 try were consolidated into three distinct groups with their 
 exceptions. Before the three classifications, there were in 
 the eastern trunk line territory alone, 138 distinct classifica- 
 tions and the number of classifications in various parts of 
 the country were very numerous, making it almost impos- 
 sible for manufacturers to ship their goods to distant points. 
 
 There are many disadvantages at the present time which 
 every shipper experiences with the three predominating 
 classifications. If through rates could be established to all 
 points, much overcharging could be avoided. In order to 
 meet the changing conditions of all manufacturers in all 
 parts of the country, classification committees have not been 
 able to agree upon a distinct classification for all commodi- 
 ties. In some cases a commodity will change its rate three 
 times in passing to its destination. Building paper is 3rd 
 class rate in the Western, rule 26 or 20% below 3rd class rate 
 in the Eastern, and 5th class rate in the Southern. 
 
 Many attempts have been made to unify the classifica- 
 tions. Although uniform classification might not change the 
 cost of transportation materially, yet it would determine 
 the relation of competitive articles of commerce and often 
 establish the places at which they could be most advantage- 
 ously marketed. In 1890, all the railroads except one agreed 
 to uniform classification. This was followed by a demand to 
 
CLASSIFICATIONS AND TARIFFS 
 
 9 
 
 consolidate the Western and Official Classifications but 
 without success. This fruitless effort to establish a uniform 
 classification for goods has discouraged the railroad traffic 
 men and it is not likely that a classification can ever be 
 agreed upon which will meet all the traffic trade and com- 
 mercial conditions of the country. 
 
 At the present time there is in Chicago a uniform classifi- 
 cation committee composed of the representatives of the va- 
 rious railroads working upon the problem but traffic experts 
 have few hopes that their labors will ever produce a classifi- 
 cation which will be accepted by the transportation com- 
 panies. If such a classification should be approved, the num- 
 ber of exceptions to it would naturally have to be so numer- 
 ous that it would require the services of an expert to inter- 
 pret it. Moreover, it is believed by many business men that 
 if the classifications were interfered with, that the change in 
 rates would greatly affect business conditions. 
 
 Rates which are established bv classifications are known 
 
 */ 
 
 as class tariffs. They are local when applied between points 
 on the same line and joint when two or more connecting lines 
 are parties to the tariff. Class rates are more easily under- 
 stood than commodity rates which are special rates applying 
 on particular kinds of goods and which are lower than regu- 
 lar rates. Commodity rates are established to meet the par- 
 ticular demands of certain industries. Sometimes they are 
 made to build up a new industry in a section of country 
 where there is little commercial development. 
 
 It is obvious that all railroads cannot make the same com- 
 modity rates for the reason that the cost of service develops 
 with the equipment of the road, its strategic position and 
 other controlling factors. These special rates depend upon 
 the density of traffic, equipment, gradients, etc. In a state- 
 ment which was given by Mr. J as. J. Hill before the Senate 
 Committee on Interstate Commerce, 1905, various condi- 
 tions for establishing commodity rates were discussed. Mr. 
 Hill said 4 4 If I have $100,000 profit to raise and 100,000 tons 
 
10 
 
 ELVIN S. KETCHUM 
 
 of freight it is very easy. I must make a profit of $1 a ton. 
 Now if you give me 200,000 tons 50 cents a ton will be suf- 
 ficient ; and if you give me 400,000 tons 25 cents a ton will be 
 sufficient. The density of traffic must determine the rate. 
 The cost varies on the different divisions of a railway. 
 Among sixteen divisions on the Great Northern we found 
 some places where the cost is three times as much as in 
 others. If the average rate or the average cost were ap- 
 plied to some divisions the rate would be prohibitory almost. 
 We have divisions where the amount that it costs us for 
 transporting a ton of freight 100 miles is 20 per cent higher 
 than the average rate that we receive from the public for the 
 whole road.” 
 
 The Interstate Commerce Commission has no power to 
 fix rates but since classification determines the relation of 
 rates, the courts have decided that the Commission can deter- 
 mine the classification of each article and on complaint from 
 shippers, ordered the classification to be changed if it creates 
 discrimination. This follows from the fact that classifica- 
 tion does not depend upon the cost of transporting goods 
 but upon the relative value of the commodity. 
 
 The rate for transportation must show a profit— over and 
 above the cost of carrying the articles and this rate is agreed 
 upon by the transportation committees. The Official Classi- 
 fication Committee is said to use the following formula in 
 proportioning this chaTge: (1) bulk and space; (2) weight; 
 (3) value; (4) volume of traffic; (5) less than car-load lots; 
 (6) car-load lots. Of course, carriers adapt their classifica- 
 tions to the development of trade. They are interested in 
 the growth of industries. They must take into account the 
 effects of competition. 
 
 The classification to which an article belongs may be de- 
 termined by the description given by the shipper. In the 
 case “ Andrews Soap Co. vs. The C. & St. L. Railway Co., et. 
 al.,” it was decided that the railroad is not required to ex- 
 amine articles to learn their real value or quality and that 
 
CLASSIFICATIONS AND TARIFFS 
 
 11 
 
 the description of the article given by the manufacturing 
 company for selling purposes may be lawfully accepted for 
 fixing a classification. 
 
 After all this discussion, it appears that a rational classi- 
 fication of goods must take into account a large number of 
 conditions and principles and that a rational judgment rela* 
 tive to the classification to which any kind of merchandise be- 
 longs, can only be arrived at after a careful study of the 
 whole rate schedule. 
 
 There was a time when rebating caused gross discrimina- 
 tion among shippers. In order to eliminate secret rates, the 
 Hepburn Act in section 6 provides that the commission shall 
 determine how all rates and schedules shall be filed and that 
 said schedules shall be opened for inspection thirty days be- 
 fore they become affected. It is also provided that all routes 
 must be included in the published rates, that joint rates may 
 be used by all shippers without discrimination and that since 
 all freight traffic rates are open for public inspection, that it 
 is presumed that all shippers know the rate and that the 
 schedule published by law speaks with an equal authority to 
 both the carrier and the shipper. 
 
 The intent of the Hepburn Law Amendment is to the effect 
 that all tariff schedules shall be simple and filed in such a 
 way that no one can mistake reading them. It is a legal duty 
 of all carriers to make their rates plain and their schedules 
 without confusing supplements. All rules governing ship- 
 ments must be clearly specified. However, the railroads and 
 not the shippers have authority to determine whether or not 
 certain kinds of goods belong to certain classifications. This 
 matter was covered in the case “ Joseph Smith vs. Great 
 Northern Railway Co.,” as follows: “As transportation 
 companies have the sole right to fix classification sheets, 
 without any voice on the part of the shipper, it follows as a 
 matter of law that in construing the same, the intention of 
 the framers thereof, when such intention can be ascertained, 
 should be given effect regardless of the intention of the 
 
12 
 
 ELYIN S. KETCHUM 
 
 shipper or of local usages and customs relating to the mean- 
 ing of terms contained therein. ” 
 
 All rates not published in accordance with the provisions 
 of section 6 of the Interstate Commerce Act are not legal. 
 The only rate which can be applied to any shipment is that 
 which is published according to section 6 of the Law and 
 shippers cannot make any demand upon the carrier for a 
 rate given by the carrier’s agent if not legal. Section 6 of 
 the Hepburn Amendment establishes the only legal rates for 
 the transportation of goods and they are known to the 
 shipper who seeks them as well as the transportation com- 
 pany. This makes transportation a “ public service com- 
 modity” with the shipper as buyer, and the carrier as seller, 
 and it is rational to expect that each shall look after his own 
 end of the trade. 
 
 Section 6 of the Interstate Commerce Law specifies : That 
 every common carrier subject to the provisions of the Act to 
 regulate Commerce shall print and keep open to public in- 
 spection schedules showing all the rates, fares, and charges 
 for transportation between different points on its own route 
 and between points on its own route and points on the route 
 of any other carrier by railroad, by pipe line, or by water 
 when a through route and joint rate have been established. 
 If no joint rate over the through route has been established, 
 the several carriers in such through route shall file, print, 
 and keep open to public inspection, as aforesaid, the sepa- 
 rately established rates, fares and charges applied to through 
 transportation. 
 
 The schedules printed as aforesaid by any such common 
 carrier shall plainly state the places between which property 
 and passengers will be carried, and shall contain the classi- 
 fication of freight in force, and shall also state separately all 
 terminal charges, storage charges, icing charges, and all 
 other charges which the Commission may require, all privi- 
 leges or facilities granted or allowed and any rules or regu- 
 lations which in any wise change, affect, or determine any 
 
CLASSIFICATIONS AND TARIFFS 
 
 13 
 
 part or the aggregate of such aforesaid rates, fares, and 
 charges, or the value of the service rendered to the passen- 
 ger, shipper, or consignee. 
 
 Such schedules shall be plainly printed in large type, and 
 copies for the use of the public shall be kept posted in two 
 public and conspicuous places in every depot, station, or of- 
 fice 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. 
 The provisions of section 6 apply to all traffic, transporta- 
 tion, and facilities defined in the Act. 
 
 The Law further defines that no change shall be made in 
 the rates, fares, and charges or joint rates, fares, and charges 
 which have been filed and published by any common carrier 
 in compliance with the requirements of the section, except 
 after thirty days’ notice to the Interstate Commerce Com- 
 mission and to the public published as aforesaid, which shall 
 plainly state the changes proposed to be made in the schedule 
 then in force and the time when the changes, rates, fares, or 
 charges will go into effect ; and the proposed changes will be 
 shown by printing new schedules, or shall be plainly indi- 
 cated upon the schedules in force at the time and kept open 
 to public inspection. 
 
 The Act also provides that the Commission may, in its dis- 
 cretion and for good cause shown, allow changes upon less 
 than the notice of thirty days, or modify the requirements 
 of the section in respect to publishing, posting, and filing of 
 tariffs, either in particular instances or by a general order 
 applicable to special or peculiar circumstances or conditions. 
 
 The names of the several carriers which are parties to any 
 joint tariff shall be specified, and each of the parties thereto, 
 other than the one filing the same, shall file with the Commis- 
 sion such evidence of concurrence therein or acceptance 
 thereof as may be required or approved by the Commission, 
 and where such evidence of concurrence or acceptance is filed 
 it shall not be necessary for the carriers filing the same to 
 
14 
 
 ELYIN S. KETCHUM 
 
 also file copies of the tariffs in which they are named as 
 parties. 
 
 Every common carrier subject to the Act 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 the Act to which it 
 may be a party. The Commission may determine and pre- 
 scribe the form in which the schedules required by this sec- 
 tion 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. 
 
CLASSIFICATIONS AND TARIFFS 
 
 15 
 
 REGULATIONS ISSUED BY THE INTERSTATE COMMERCE 
 COMMISSION GOVERNING THE CONSTRUCTION AND 
 FILING OF FREIGHT TARIFFS AND - 
 CLASSIFICATIONS. 
 
 Approved June 28, 1909. 
 Effective September 1, 1909. 
 
 (Except as noted in individual items.) 
 
 Tariffs that were lawfully on file with the Commission on May 1, 1907, 
 and that have not since that time been superseded or canceled, will, except 
 as provided in paragraph (g) of Rule 68, be considered as continued in force 
 until they can be properly reissued. All tariffs issued or reissued later than 
 September 15, 1909, must, except as otherwise specified herein, conform to 
 all these rules. The Commission may direct the reissue of any tariff at any 
 time. A tariff publication as to which these regulations have not been con- 
 formed to is subject to rejection by the Commission when tendered for filing. 
 
 The term “joint rate/’ as used herein, is construed to mean a rate that 
 extends over the lines of two or more carriers and that is made by agreement 
 between such carriers. 
 
 “Joint tariffs” are those which contain or are made up from such “joint 
 rates.” 
 
 1. All tariffs must be printed on hard calendered paper of good quality 
 from type of size not less than 6-point full face. Stereotype, planograph, or 
 other printing-press process may be used. Alterations in writing or erasures 
 must not be made in tariffs before filing. Reproductions by hectograph or 
 similar process, typewritten sheets, or proof sheets must not be used for post- 
 ing or filing. 
 
 2. All tariffs must be in book, sheet, or pamphlet form, and of size 8 
 by 11 inches. Loose-leaf plan may be used so that changes can be made by 
 reprinting and inserting a single leaf. 
 
 3. The title-page of every tariff shall show : 
 
 (a) Name of issuing carrier, carriers, or agent. 
 
 ( b ) I. C. C. number of tariff in bold type on upper right-hand corner, 
 and immediately thereunder, in smaller type, the I. C. C. number or num- 
 bers of tariffs canceled thereby. If the number of canceled tariffs is so large 
 
16 
 
 ELVIN S. KETCHUM 
 
 as to render it impracticable to thus enter them on the title-page, they must 
 be shown immediately following the table of contents, and specific reference 
 to such list must be entered on title-page immediately under the I. C. C. num- 
 ber of the tariff. Serial numbers of carriers may, if desired, be entered below 
 the upper marginal line of title-page. Separate serial I. C. C. numbers will 
 be used for freight and passenger tariffs. 
 
 (c) Whether tariff is local, joint, proportional, or a combination of 
 same. 
 
 (d) Whether class, commodity, or a combination of both, and the terri- 
 tory or points from and to which the tariff applies, briefly stated. 
 
 (e) Reference by name and I. C. C number to the classification and ex- 
 
 ception sheets governing the tariff. Following form will be used : “Gov- 
 erned, except as otherwise provided herein, by the classification, 
 
 , I. C. C. No. — , supplements thereto and reissues thereof; and by ex- 
 
 « ceptions to said classification, 1. C. C. No. — , supplements thereto and 
 
 reissues thereof.” A tariff is not governed by a classification or exceptions 
 thereto except when and to the extent stated on the tariff. 
 
 ( f ) Date of issue and date effective. Any tariff may be changed upon 
 
 statutory notice of thirty days, or, under special permission from the 
 Commission, upon shorter notice. Therefore, a provision in a tariff that 
 the same, or any part thereof, will expire upon a given date, is not a guar- 
 anty that the tariff, or .such part of it, will remain effective until that date. 
 The Commission considers such expiration notices undesirable, as many com- 
 plications have arisen through their being overlooked. Such provision, if 
 used, must be understood to mean that the tariff, or specified part of it, 
 will expire upon the date named unless sooner canceled, changed, or extended 
 in lawful way. On such tariffs the term “Expires , unless sooner can- 
 
 celed, changed, or extended,” must be used. 
 
 ( g ) On every tariff or supplement that is issued on less than thirty 
 days 7 notice by permission or order or regulation of the Commission, nota- 
 tion that it is issued under special permission or order of the Interstate 
 
 Commerce Commission, No. — , of [date] , or by authority of 
 
 Rule — , Tariff Circular 17-A, or by authority of decision of the Commission 
 in case No. — . (See Rule II.) 
 
 (h) On upper left-hand corner of tariffs of less than 5 pages and on 
 tariffs issued in loose-leaf form, the words: “No supplement to this tariff 
 will be issued except for the purpose of canceling the tariff.” On tariffs con- 
 taining 5 and not more than 16 pages, inclusive: “Only one supplement to 
 this tariff will be in effect at any time.” On tariffs containing 17 and not 
 more than 111 pages, inclusive: “Only two supplements to this tariff will 
 be in effect at any time.” On tariffs containing over 111 pages: “Only 
 three supplements to this tariff will be in effect at any time.” 
 
CLASSIFICATIONS AND TARIFFS 
 
 17 
 
 On a tariff which provides for suspension and restoration of rail-and- 
 water rates, as authorized by Rule 12, the following exception should be 
 made in connection with the above notations: “except as provided for in 
 rule — (or item — ), page — , of this tariff/’ 
 
 (i) Name, title, and address of officer by whom tariff is issued. 
 
 4. Tariffs in book or pamphlet form shall contain in the order named : 
 
 M Table of contents : A full and complete statement in alphabetical 
 order, of the exact location where information under general headings, by 
 subjects, will be found, specifying page or item numbers. If a tariff con- 
 tains so small a volume of matter that its title-page or its interior arrange- 
 ment plainly discloses its contents, the table of contents may be omitted. 
 
 (b) Names of issuing carriers, including those for which joint agent 
 issues under power of attorney, and names of carriers participating under 
 concurrence, both alphabetically arranged. If there be not more than ten 
 participating carriers their names may be shown on the title-page of the tariff. 
 The form and number of power of attorney or concurrence by which each 
 carrier is made party to the tariff must be shown. 
 
 (c) Alphabetically arranged and complete index of all commodities 
 upon which commodity rates are named, preceded by a paragraph, viz: 
 “Following list enumerates only such articles as are given specific rates; 
 articles not specified will take class rates/ 5 All of the items relating tfl 
 different kinds or species of the same commodity will be grouped together. 
 For example, all items of coal under “Coal, 55 and descriptive word or words 
 following, as “Coal, 55 “Coal — Anthracite, 55 “ Coal — Bituminous, 55 etc. 
 
 The index to a general commodity tariff shall also include in alphabetical 
 order all articles upon which commodity rates are named in other tariffs 
 applying from any point of origin to any point of destination named in the 
 tariff, and with such entry shall be shown the number or numbers of tariffs 
 in which such rates are found. For example, “Lime, I. C. C. No. 122, 55 or 
 “Staves, I. C. C. No. 1042. 55 Carriers 5 tariff numbers may be also shown. 
 
 A commodity item . which refers to a list of articles taking one com- 
 modity rate need be indexed but once provided reference is given to the 
 item or the I. C. C. number of the issue that contains list of the articles 
 embraced in the term. For example, “Agricultural implements, as described 
 in item — of this tariff, 55 or “as described in Western Classification, I. C. C. 
 
 No. — ; 55 or “Packing-House Products, as described in Tariff, or I. C. C. 
 
 No. — / 5 When such specific reference to list of articles embraced in the 
 term is given, the several articles so embraced need not be indexed separately. 
 
 A local tariff on a single commodity, or a few commodities, shall con- 
 tain all of that carrier’s commodity rates on such commodity or commodities 
 applying from any point of origin to any point of destination named in 
 the tariff; and a joint commodity tariff shall contain all of the initial 
 
18 
 
 ELYIN S. KETCHUM 
 
 carriers’ commodity rates on the same commodity or commodities applying 
 from any point of origin to any point of destination named in the tariff via 
 the route or routes authorized by the tariff. If there be not more than ten 
 such commodities they may be named on the title-page of the tariff. 
 
 If all of the commodity rates to each destination in the tariff are ar- 
 ranged alphabetically by commodities, and plain reference thereto is given in 
 table of contents, further or other index of commodities may be omitted from 
 that tariff, provided that, if the issuing carrier, or a participating carrier, 
 has in other tariff or tariffs commodity rates applying from any point of 
 origin to any point of destination named in the tariff, a complete list in 
 alphabetical order by commodities of such other tariffs, together with de- 
 scription of character of traffic, territory or points of origin and of destina- 
 tion, and the I. C. C numbers of tariffs containing such commodity rates 
 shall be shown in the first part of the tariff and shall be specifically referred 
 to in the table of contents. 
 
 Excepting such as appear in a tariff or a supplement to a tariff which does 
 not require an index, a commodity rate that is not included in the index will 
 be treated as not having been published and can not lawfully be used. 
 
 (d) An alphabetical index of points from which rates apply, and an 
 alphabetical index of points to which rates apply, together with names 
 of States in which located. When practicable, the index numbers of points 
 and pages upon which rates will be found, or item numbers in which rates 
 from or to such points appear, should be shown. If there be not more than 
 12 points of origin or 12 points of destination, the name of each may, if prac- 
 ticable, be specified on title-page of tariff. 
 
 If a tariff is arranged by groups of origin or destination, by bases, or by 
 bases numbers, the indices must show for each point the proper group, basis, 
 or basis number. 
 
 If points of origin or destination are shown throughout the rate tables 
 in continuous alphabetical order, or are shown alphabetically by States and 
 such States are alphabetically arranged, or are shown by groups alphabetic- 
 ally arranged, no index of points of origin or destination will be required. 
 But when such alphabetical arrangement in rate tables is used the table of 
 contents shall indicate the pages upon which points are so shown, and when 
 arranged by States or groups shall give specific reference to the pages on 
 which rates to or from points in each State or group will be found. 
 
 If a tariff is constructed so as to state rates by groups or bases, and also 
 states specific rates to or from individual points, it shall contain an alpha- 
 betical index of such individual points and also alphabetical lists of the 
 points in such groups, or reference to the I. C. C. number of issue which 
 contains lists of such group points. 
 
CLASSIFICATIONS AND TARIFFS 
 
 19 
 
 Geographical description of application of tariff may be used only when 
 the tariff applies to or from all points in one or more States or Territories 
 or when it applies to or from all points in a State or Territory except those 
 specified. But such list of exceptions for a single State or Territory may not 
 exceed one-third of the number of points in that State or Territory to 
 or from which (as the case may be) the tariff will apply. For example, 
 a tariff may state, that it applies from all points in New York, Pennsylvania, 
 and New Jersey, and from all points in Delaware, except [here give alpha- 
 betical list of excepted points], and from the following points in Ohio [here 
 give alphabetical list of Ohio points]. 
 
 Traffic territorial or group descriptions may be used to designate points 
 to or from which rates named in the tariff apply, provided a complete list 
 of such point* arranged by traffic territories or groups is printed in the 
 tariff or specific reference is given to the I. C. C. number of the issue that 
 contains such list. In this list the points in each traffic territorial or group 
 description shall be arranged alphabetically, and the name or names of roads 
 upon which points are located must be shown ; or all of the points in traffic 
 territories or groups named in the tariff may be included in one alphabetical 
 index, provided (1) that points of origin and points of destination are 
 shown separately, alphabetically; (2) that the name or names of road3 
 upon which points are located and the traffic territorial or group description 
 in which they belong are shown opposite the several points. 
 
 (e) Explanation of reference marks and technical abbreviations used in 
 the tariff, except that a special rule or provision applying to a particular 
 rate will be shown in connection with and on same page with such rate. 
 
 ( f ) List of exceptions, if any, to the classification governing the tariff 
 which is not contained in exception sheets referred to on title-page. 
 
 (g) Such explanatory statement in clear and explicit terms regarding 
 the rates and rules contained in the tariff as may be necessary to remove 
 all doubt as to their proper application. 
 
 ( h ) Rules and regulations which govern the tariff, the title of each 
 rule or regulation to be shown in bold type. Under this head all of the rules, 
 regulations, or conditions which in any way affect the rates named in the 
 tariff shall be entered, except that a special rule applying to a particular 
 rate shall be shown in connection with and on the same page with such rate. 
 
 No rule or regulation shall be included which in any way or in any 
 terms authorizes substituting for any rate named in the tariff a rate found 
 in any other tariff or made up on any combination or plan other than that 
 clearly stated in specific terms in the tariff of which the rule or regulation 
 is a part. 
 
 Tariffs which contain rates for the transportation of explosives must 
 also contain notice that such rates are applicable in connection and in com- 
 
20 
 
 EL YIN S. KETCHUM 
 
 pliance with the regulations governing the transportation of explosives fixed 
 by the Interstate Commerce Commission. If tariff is governed by classifica- 
 tion it will be sufficient to include this notice in the classification referred to 
 as governing the tariff. (See Rule 65.) 
 
 A carrier or an agent may publish, under I. C. C. number, post, and file 
 a tariff publication, containing the rules and regulations which are to govern 
 certain rate schedules, and such publication may be made a part of such rate 
 schedules by the specific reference “Governed by rules and regulations shown 
 in I. C. C. No. — .” 
 
 When a tariff makes reference to another tariff the I. C. C. number of such 
 other tariff may be given, and when such tariff referred to is the publication 
 of another carrier or an agent, the initials of such other carrier or the name 
 of such other carrier or the name of such agent, respectively, must be shown 
 in connection with the I. C. C. number. 
 
 A rate schedule may in like manner refer to another schedule for the 
 governing rules and regulations. 
 
 A schedule or a publication so referred to must be on file with the Com- 
 mission and be posted at every place where a schedule that refers to it is 
 posted. 
 
 (i) An explicit statement of the rates, in cents or in dollars and cents, 
 per 100 pounds, per barrel or other package, per ton or per car, together 
 with the names or designation of the places from and to which they apply, 
 all arranged in a simple and systematic manner. Minimum carload Weights 
 must be specifically stated. Tariffs containing rates per ton must specify 
 what constitutes a ton thereunder. A ton of 2,000 pounds must be specified 
 as “net ton” or “ ton of 2,000 pounds.” A ton of 2,240 pounds must be 
 specified a “gross ton,” “long ton,” or a “ton of 2,240 pounds.” Complicated 
 or ambiguous plans or terms must be avoided. 
 
 Note. — The aim and tendency will at all times be in the direction of 
 uniformity. It is not considered practicable or wise to undertake, at this 
 time, the adoption of a uniform form of stating rates in the several locali- 
 ties where, from peculiarities of conditions and long custom, representatives 
 of carriers and shippers have become well acquainted with certain forms es- 
 pecially adapted to their use and which can easily be made to conform to 
 these general rules. Adoption of a uniform form is a subject of such im- 
 portance as to warrant the more exhaustive investigation and consideration 
 which is being given to it. 
 
 (j) The different routes via which tariff applies may be shown, to- 
 gether with appropriate reference to application of rates. When a tariff 
 specifies routing the rates may not be applied via routes not specified. A 
 tariff may show the routing ordinarily and customarily to be used and may 
 
CLASSIFICATIONS AND TARIFFS 
 
 21 
 
 provide that, if from any cause shipments are sent via other junction points 
 but over the lines of carriers parties to the tariff, the rates will apply. 
 
 If a tariff contains no routing directions the joint rates shown therein 
 are applicable between the points specified via the lines of any and all carriers 
 s that are parties to the tariff ; and shipper must not be required to pay higher 
 charges than those stated in the tariff because the carriers have not agreed 
 divisions of the rates via the junction through which the shipment moves. 
 If agent of carrier bills or sends shipment via a route or junction point 
 that is covered by the tariff but via which no division of the rate applies, 
 it is for the carriers to agree between themselves upon the division of the 
 rate, and the intermediate or delivering carriers may demand from the carrier 
 whose agent so missends shipment their full local rates for the services which 
 they perform. (This must not be construed as conflicting with routing and 
 misrouting rulings published in Conference Rulings Bulletins.) 
 
 5. (a) The practice on part of carriers of accepting and transporting 
 
 through shipments, as to which no joint rate applies, upon rates made up 
 by combination of the rates of the several carriers participating in the move- 
 ment, and of collecting, as delivering carriers, the aggregate charges of the 
 several carriers upon such shipments, and of accounting to such carriers for 
 their several portions of such charges, is practically universal. That custom 
 has the same binding effect as a joint rate, both as between carriers them- 
 selves and as between carriers and shippers. Therefore carriers may apply 
 to through shipments rates to and from points to and from which there is no 
 applicable published joint rate by using lawfully published bases, locals 
 or proportionals, in connection with other lawfully published tariffs. 
 
 ( b ) Tariffs containing basing or proportional rates must specify clearly 
 the extent and manner of their use, and tariffs that are especially intended 
 for use in connection with published basing rates must show the I. C. C. num- 
 bers of tariffs in which bases can be found. 
 
 A carrier may provide in its tariffs that, in the absence of a specific rate 
 from point of origin to destination of a through shipment, combination 
 rate to or via certain points will be made upon specified basing point or 
 points, or by using certain specified tariffs or rates, and the combination rate 
 so specified will be the lawful rate for that shipment. 
 
 If shipment moves to or from a point directly immediate to the base point 
 upon which the lowest combination makes, such combination must be ap- 
 plied ; and it is not necessary to haul the shipment to such base point and 
 back again to or through point of origin or destination. 
 
 Note. — Neither this rule nor any portion thereof is to be construed as 
 modifying or authorizing departure from the Commission’s ruling that a 
 specific class or commodity rate between two points is the lawful rate between 
 those points regardless of any combination rate. It must also be understood 
 
22 
 
 ELVIN S. KETCHUM 
 
 that in a case where the lowest combination of rates makes on a base point 
 as to which the point of origin or of destination is directly intermediate, a 
 specific rate to or from such point that is higher than such combination is 
 included in the Commission’s ruling that a through rate that is higher than 
 the combination of locals between the same points is prima facie unreason- 
 able. It must be further understood that in applying the lowest combination 
 when it makes upon a base point as to which the point of origin or of destina- 
 tion is directly intermediate, the Commission expresses no opinion as to the 
 reasonableness of a rate so constructed. 
 
 (c) If no specific rates from point of origin to destination of a through 
 shipment is provided, and no specific manner of constructing combination 
 rate for it is prescribed, the lowest combination of rates applicable via the 
 route over which the shipment moves is the lawful rate for that shipment. 
 
 Such combination through rate must be treated as a unit from the date 
 of original shipment to the date of its arrival at destination, and the rate ap- 
 plied must be the combination of the rates which exists upon the date of 
 original shipment. All of the conditions, regulations, and privileges ob- 
 taining as to any factor in such combination rate for through shipment at 
 the time of original shipment upon such combination through rate must be 
 adhered to and can not be varied as to that shipment during the period of 
 transportation of such shipment to its final destination. A local or propor- 
 tional rate “in” can not be absorbed, diminished, or affected by any “out” 
 rate not in effect at the time when the traffic moved upon such local or pro- 
 portional rate. 
 
 6. (a) The terms “common points,” “Southeastern territory,” or simi- 
 lar 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. num- 
 ber of the issue that contains such list. 
 
 The terms “grain products,” “forest products,” “petroleum and its prod- 
 ucts,” “cotton-seed products,” or similar terms 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 intended to be included in and covered by 
 such terms is printed in the tariff or specific reference is given to I. C. C. 
 number of issue that contains such list. 
 
 (b) Commodity rates must be specific and must not be applied to anal- 
 ogous articles. 
 
 7. (a) In every instance where a community 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 may be used with relation to that traffic 
 between those points, even though a class rate or some combination may 
 make lower. The naming of a commodity rate on any article or character 
 
CLASSIFICATIONS AND TARIFFS 
 
 23 
 
 of traffic takes such article or traffic out of the classification and out of the 
 class rates between the points to which such commodity rate applies. 
 
 Class rates or commodity 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 class or commodity rates when shipped separately. 
 
 ( b ) If the alternative use of class or commodity rates is necessary or 
 desired in any instance it may be provided by including in different sections 
 of one and the same tariff such class and commodity rates, and by including 
 
 in each section the specific rule “If the rates in Section of this tariff 
 
 make a lower charge on any shipment than the rates in Section of this 
 
 tariff, the rates in Section will be applied/ 5 No rates may be so included 
 
 in a tariff for alternative use excepting such as the carrier or agent who 
 issues the tariff is lawfully authorized to publish and change ; that is, rates 
 issued by another carrier or agency may not be reproduced for such alterna- 
 tive use. 
 
 (c) Each tariff that contains class rates and that is not constructed in 
 sections for alternative use of rates, as provided in paragraph ( b ) of this 
 Eule, and that is issued or supplemented hereafter, shall also contain a rule 
 as follows : 
 
 Whenever a carload (or a less-than-carload) commodity rate is estab- 
 lished it removes the application of the class rates to or from the same 
 points on that commodity in carload quantities (or less-than-carload quan- 
 tities, as the case may be). 
 
 ( d ) Each tariff that contains class and commodity rates and that is con- 
 structed in sections for alternative use of rates as provided in paragraph (6) 
 of this Eule, and that is issued or supplemented hereafter, shall also contain 
 a rule as follows : 
 
 Whenever a carload (or less-than-carload) commodity rate is established 
 it removes the application of the class rates to or from the same points on that 
 commodity in carload quantities (or less-than-carload quantities, as the case 
 may be), except when and in so far as alternative use of class and com- 
 modity rates that are contained in separate sections of this tariff is specifically 
 authorized herein. 
 
 ( e ) Each classification that is issued or supplemented hereafter shall 
 contain a rule as follows : 
 
 Whenever a carload (or a less-than-carload) commodity rate is established 
 it removes the application of the class rates to or from the same points on 
 that community in carload quantities (or less-than-carload quantities, as the 
 case may be), except when and in so far as alternative use of class and com- 
 modity rates is specifically provided for by including in different sections 
 of one and the same tariff such class and commodity rates, and by including 
 in each section of such tariff the specific rule, “If the rates in Section — of 
 
24 
 
 ELVIN S. KETCHUM 
 
 this tariff make a lower charge on any shipment than the rates in Section — 
 of this tariff the rates in Section — will be applied.” 
 
 8. (a) 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 por- 
 tion of such other tariff which is thereby canceled, and such other tariff 
 shall at the same time be correspondingly amended, effective on the same 
 date, in the regular way ; that is, by reissue, if tariff is of less than 5 pages, 
 and by reissue or supplement, if tariff is of more than 5 pages. Such re- 
 issue or supplement must state where rates will thereafter be found and must 
 be filed at the same time and in connection with the tariff which contains the 
 new rates. It will not be necessary to give on commodity tariff or supple- 
 ment reference to class-rate tariffs that may be affected, nor to give on class- 
 rate tariffs or supplements reference to commodity tariffs, except as pro- 
 vided in Rule 56. 
 
 (b) An agent who acts under power of attorney is fully authorized to 
 act for the carriers that have named him their agent and attorney, and, there- 
 fore, it is permissible for him to cancel by his tariffs issues of such principals. 
 
 A carrier may not by its individual tariff cancel, amend, or modify a tariff 
 filed by a duly authorized agent, except when corresponding amendment to 
 such agent’s tariff is filed at the same time and as per paragraph (a) of this 
 Rule. 
 
 (c) A concurrence does not confer authority upon either carrier or agent 
 to cancel tariffs of concurring carrier, and, therefore, tariffs issued under 
 concurrences may not assume to cancel, or carry notation of cancellation of, 
 tariffs of and issued by concurring carriers. Such cancellations must be 
 made by the carrier that issued the tariff that is to be canceled. 
 
 (d) If a tariff is canceled with the purpose of canceling entirely the 
 rates named therein, or when, through error or omission, a later issue failed 
 to cancel the previous issue and a tariff is canceled for the purpose of perfect- 
 ing the records, the cancellation notice must not be given a new I. C. C. num- 
 ber, but must be issued as a supplement to the tariff which it cancels, even 
 though it be a tariff of 4 pages or less, and even though the tariff may at 
 the time have the full number of supplements permitted by paragraph (e) of 
 Rule 9. 
 
 ( e ) When a tariff or a commodity rate is canceled by supplement, the 
 cancellation notice must show where rates or rate will thereafter be found or 
 
 what rates or rate will thereafter apply. For example : “Rate in , I. C. 
 
 C. No*. — , will apply,” or “Class 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 
 
CLASSIFICATIONS AND TARIFFS 
 
 25 
 
 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 (6) of Rule 3. 
 
 9. (a) A change in or addition to a tariff shall be known as an amend- 
 
 ment, and, excepting amendments to tariffs of less than 5 pages, and amend- 
 ments to tariffs issued in loose-leaf form, shall be printed in a supplement to 
 the tariff and shall refer to the page or pages or item or items of the tariff, 
 or of previous supplement, which it amends. 
 
 An amended item must always be printed in a supplement in its entirety 
 as amended, and the items in each supplement shall be arranged in the same 
 general order as the tariff which it amends. 
 
 (b) A supplement shall contain either a list of carriers participating 
 therein, or shall state that the list of participating carriers is “as shown in 
 tariff/’ or “as shown in tariff, except [here show alphabetically all additions 
 to and eliminations from the original list that are effected by the supplement, 
 or that have been effected by previous supplements].” 
 
 (c) Supplements to a tariff shall be numbered consecutively as supple- 
 ments to that tariff and must not be given separate or new I. C. C. numbers. 
 Each supplement shall specify the supplement or supplements which it can- 
 cels, and shall also show on its title-page what supplements are in effect 
 and that such effective supplements contain all changes. For example : “Sup- 
 plement No. — to I. C. C No. — .” “Cancels Supplements Nos. — and — 
 “Supplements Nos. — and — are in effect and contain all changes.” The 
 term “cancels conflicting portions” must not be used. 
 
 ( d ) A tariff which contains reissued items brought forward from a pre- 
 vious issue which has not been in effect thirty days, or a supplement which 
 brings forward reissued items without change from a former supplement 
 or tariff, must not bear notation “Effective at once, except as noted,” but 
 
 instead must bear the notation “Effective except as noted in individual 
 
 items.” Example : “Issued , 19 — , Effective , 19 — , except as noted 
 
 in individual items.” Reissued items brought forward without change must 
 show in conspicuous form and convenient manner the following : “Reissue 
 (in black-face type) ; effective [date upon which item became effective] in 
 I. C. C. No. — ” or “in Supplement No. — to I. C. C. No. — .” When the 
 reissued item became effective in a former supplement to the same tariff 
 the I. G. C. number of the tariff may be omitted, but the supplement number 
 must be given. 
 
 Items reissued from publications that were on file prior to May 1, 1907, 
 may show last date and reference prior to May 1, 1907. 
 
26 
 
 ELVIN S. KETCHUM 
 
 (e) A tariff of less than 5 pages may have no supplement ; change therein 
 may be made only by reissue. Not more than one supplement may be in 
 effect at any time to a tariff containing 5 and not more than 16 pages. Not 
 more than two supplements may be in effect at any time to a tariff contain- 
 ing 17 and not more than 111 pages. Not more than three supplements 
 may be in effect at any time to a tariff containing more than 111 pages, and 
 such third supplement may be issued only when the smaller of the two 
 effective supplements to that tariff contains not less than 10 per centum of 
 the number of pages in the tariff. 
 
 Tariffs containing 5 or more pages, including title-pages and indexes, 
 may be supplemented to the following extent : 
 
 Supplement may contain 
 
 Number of pages in tariff. (including title-page and index) — 
 
 5 and not more than 16 pages 4 pages. 
 
 17 and not more than 32 pages 6 pages. 
 
 33 or more pages 25 per centum of the number of pages 
 
 in tariff. 
 
 A supplement to a tariff which has the effect of exceeding the above- 
 indicated number of pages of supplemental matter to that tariff which may 
 be in effect at any time will be subject to rejection when offered for filing. 
 
 Note. — The changes made as to the number of supplements to a tariff 
 that may be issued or that may be in effect at any time are applicable only 
 to tariffs that are issued after May 12, 1909, and that bear on their title- 
 pages notations in harmony with paragraph (e) of this Rule and in accord 
 with paragraph (h) of Rule 3. As to tariffs heretofore issued, subsequently 
 to May 1, 1907, the notations which they bear as to issuance of supplements 
 and the number of supplements that may be in effect at any time must be 
 observed until such tariffs are superseded or reissued. 
 
 Tariffs of less than five pages that were filed prior to May 1, 1907, may 
 not be further supplemented after July 1, 1909. Tariffs of five or more 
 pages that were filed prior to May 1, 1907, may not be further supplemented 
 after October 1, 1909, except by bringing, and thereafter maintaining, the 
 number of effective aupplements within the provisions of paragraph (e) of 
 this Rule. 
 
 All changes in and additions to tariffs issued in loose-leaf form must be 
 made by reprinting both pages of the leaf upon which change is made. Such 
 pages must not be given supplement numbers, but must be designated 
 “First revised page — ,” “Second revised page — etc., must show the 
 I. C. C. number of the tariff, the issued and effective dates, and the name, 
 title, and address of officer by whom issued. Changes or additions must be 
 noted by proper reference marks. When no change or addition is made in 
 one of the pages reprinted it must bear notation “No change in this page.” 
 
CLASSIFICATIONS AND TARIFFS 
 
 27 
 
 (/) If a tariff provides that it will be reissued periodically at specified 
 times, not more than six months apart, and the life of the tariff does not 
 exceed six months, and such provision is strictly observed, supplements to 
 such tariff may contain all amendments thereto between such specified dates 
 for reissue, without limit as to size. Such tariff must bear on upper left- 
 hand corner of title-page notation ‘This tariff will be reissued effective on or 
 before — , 19 — .” 
 
 ( g ) A supplement of five or more pages must have an index of the 
 matter which it contains, and a supplement of more than 23 pages must 
 also contain a table of contents. 
 
 ( h ) If a tariff is filed on statutory notice canceling another tariff, and 
 after such filing and prior to the effective date of such new tariff a supple- 
 ment to the tariff to be so canceled should be lawfully issued, rates in that 
 supplement could not continue in effect for the thirty days required by law 
 because the cancellation of the tariff also cancels supplements to it. In such 
 a case supplements containing changes not included in the tariff that is to 
 become effective may be issued as supplements both to the tariff in effect and 
 to the tariff on file that will effect such cancellation, and be given both I. C. C. 
 numbers. In other words, such issue must be a supplement to each of the 
 tariffs, and copies must be filed accordingly. A supplement issued under this, 
 Rule containing reissued items shall note in connection with each of such 
 items, in addition to the date effective as required by the Rule, that the re- 
 issued items expire on the date at which the new tariff becomes effective, and 
 that the new tariff will apply in lieu thereof ; and such reissued items must 
 not be brought forward in subsequent supplements to the new tariff. Such 
 supplement may not contain any changes except those lawfully made by 
 supplement to the tariff which is to be canceled by the tariff that has been 
 filed and that is also so supplemented ; and no other kind of supplement to 
 a tariff that is on file and not yet effective may be made effective within thirty 
 days from the effective date of the tariff without special permission. 
 
 The provisions of paragraph (e) of this Rule as to the number of supple- 
 ments to a tariff that may be in effect at any time, and the volume of supple- 
 mental matter they may contain must be observed in connection with supple- 
 ment issued under this paragraph. 
 
 (i) In case of change of ownership or control of a carrier, the carrier 
 whose line is absorbed, taken over, or purchased by another carrier shall unite 
 with that other carrier in common supplements to the tariffs on file with 
 the Commission, on the one hand withdrawing and on the other hand ac- 
 cepting and establishing such tariffs and all effective supplements thereto. 
 Such common supplements shall be executed jointly by the traffic officers of 
 both the old and the new carriers, shall be numbered consecutively as supple- 
 ments to the tariffs (even if of less than five pages) to which they are directed, 
 
28 
 
 ELVIN S. KETCHUM 
 
 and may be made effective on five days’ notice to the public and the Com- 
 mission by noting thereon reference to this Rule. Amendments to such tariffs 
 must thereafter be filed in consecutively numbered supplements thereto until 
 the tariffs are reissued. New tariffs reissuing or superseding these shall be 
 numbered in the I. C. C. series of the new carrier. 
 
 When a road or a part of a road is transferred from the operating control 
 of one company to that of another, or when its name is changed, the existing 
 tariffs issued by the company that surrenders control must be withdrawn 
 by it and adopted by the company assuming control, as provided in the pre- 
 ceding paragraph. 
 
 (/) As to tariffs issued by other carriers or joint agents under con- 
 currences or powers of attorney granted by the old carrier or company, the new 
 carrier or company shall, if it intends to use such tariff publications and rates, 
 issue, file, and post, with I. C. C. number, an adoption notice, substantially 
 as follows : 
 
 The [name of carrier] hereby adopts, ratifies, and makes its own, in every 
 respect as if the same had been originally filed and posted by it, all tariffs, 
 rules, notices, concurrences, traffic agreements, divisions, authorities, powers 
 of attorney, or other instruments whatsoever, filed with the Interstate Com- 
 merce Commission by the [name of old carrier] prior to [date] the beginning 
 of its possession. By this tariff it also adopts and ratifies all supplements 
 or amendments to any of the above tariffs, etc., which it has heretofore filed 
 with said Commission. 
 
 This notice may be made effective and be filed on immediate notice. 
 
 Similar adoption notice must be filed by a receiver when assuming posses- 
 sion and control of a carrier’s lines. 
 
 Concurrences and powers of attorney so adopted by a carrier must, as 
 soon as possible, be replaced and superseded by new concurrences and powers 
 of attorney issued by and in the name of the new carrier or company, and 
 in each instance canceling the concurrence or power of attorney superseded. 
 
 The carrier surrendering control of the property has no lawful right to 
 abandon its tariffs except on lawful notice, and when it surrenders control 
 of the property it surrenders all right to publish rates or fares applicable 
 thereto except under proper authority from the carrier or company to whose 
 control the property passes. The public has a right to available and lawfully 
 applicable rates and fares over that property. 
 
 10. (a) Each carrier shall publish, with proper I. C. C. numbers, post, 
 
 and file separate tariffs which shall contain in clear, plain, and specific 
 form and terms all the terminal charges and all allowances, such as arbitraries, 
 switching, icing, storage, elevation, diversion, reconsignment, transit priv- 
 ileges, and car service, together with all other privileges, charges, and rules 
 which in any way increase or decrease the amount to be paid on any ship- 
 
CLASSIFICATIONS AND TARIFFS 
 
 29 
 
 ment as stated in the tariff which contains the rate applicable to such ship- 
 ment, or which increase or decrease the value of the service to the shipper. 
 Such tariffs must stipulate clearly the extent of such privileges and the 
 charges connected therewith, and shall also state whether or not the rate 
 published by the initial carrier from the point of origin to ultimate destina- 
 tion will apply. If the through rate does apply it must be as of the date of 
 shipment from point of origin. 
 
 If such privilege is granted or charge is made in connection with the rate 
 under which the shipment moves from point of origin, the initial carrier's 
 tariff which contains such rate must also show the privilege or the charge 
 or must state that shipments thereunder are entitled to such privileges and 
 subject to such charges according to the tariffs of the carriers granting the 
 privileges or performing the services, as “lawfully on file with the Interstate 
 Commerce Commission.” 
 
 ( b ) If a joint rate applies to or from a point on a terminal or switching 
 road, and such terminal or switching road receives a division of said rate 
 which is not absorbed by a connecting carrier, the terminal or switching road 
 must publish, post, and file, or concur in and post, the tariff containing the 
 joint rate. 
 
 ( c ) A switching or terminal road, even though its lines be purely in- 
 trastate, must publish, post, and file in accordance with the law and the Com- 
 mission's regulations tariff or tariffs containing all its charges upon or for 
 movements of interstate shipments; and this must be done whether or not 
 any part or all of such terminal or switching road’s charges on such shipments 
 are paid or absorbed by connecting carriers. 
 
 ( d ) If a switching or terminal road’s charges are to be added to the tariff 
 charges of a connecting carrier, the tariff of such connecting carrier quoting 
 such rates to or from the point at which such terminal or switching road is 
 located must clearly state that shipments thereunder are subject to additional 
 charges for terminal service in accordance with the current tariffs of terminal 
 or switching road as same are on file with the Interstate Commerce Com- 
 mission. 
 
 ( e ) If part or all of the charges of a terminal or switching road are 
 to be absorbed by a connecting road, the tariff of such connecting road must 
 specify that its rate includes originating or delivery services by the terminal 
 or switching road, and that the connecting road will absorb the charges of such 
 terminal or switching road in a specified sum, or, as per the current tariffs 
 of the terminal or switching road (naming it) as on file with the Interstate 
 Commerce Commission. 
 
 ( f ) When connecting carriers other than terminal or switching roads 
 switch for each other and absorb part or all of each other’s charges, their 
 switching charges must be shown in lawfully filed and posted tariffs, and their 
 
30 
 
 ELVIN S. KETCHUM 
 
 tariffs must also state the circumstances, under which and the instances in 
 which they will absorb other carrier’s switching charges, and must specify 
 that such absorption will be in a stated sum per 100 pounds, per ton or per 
 car, or, as per tariffs on file with the Interstate Commerce Commission. 
 
 ( g ) It is permissible for a carrier, or for two or more carriers, to issue 
 a distance tariff for use in determining rates on its, or their, own lines, but 
 only in cases where no other rates are provided. Such tariff must bear on its 
 title-page the following notation : 
 
 Rates shown herein may be used only when no other rates apply. When 
 governed by classification which also contains distance rates they will take 
 precedence over the distance rates in such classification. They may not be 
 used either by themselves or in combination in preference to any specific 
 tariff rate. 
 
 A distance tariff may be included in a tariff of specific rates, together with 
 
 the following rule : “If the use of the distance tariff on page of this 
 
 tariff makes a lower charge on any shipment than the specific rate shown 
 in this tariff such lower charge will apply.” 
 
 ( h ) Every carrier that uses a distance tariff, which is or may be used in 
 connection with rates on interstate shipments, must incorporate therein an 
 official list of all the points, in connection with which the tariff may apply, 
 showing in proper arrangement the distances between them; or must give 
 therein reference by I. C. C. number to the issue that contains such list. 
 
 A carrier may show in a tariff publication under I. C. C. number an official 
 list of its points and may show therein distances, prepay points, billing in- 
 structions to points not on line of road, etc. If such publication contains no 
 rates and no rules or regulations that effect the charges on any shipment, 
 amendments to it may be issued on one day’s notice to the public and to the 
 Commission. Such supplement so issued must bear on title page notation 
 “Issued under authority of Rule 10, Tariff Circular 17-A.” If, however, such 
 publication contains any rate or any rule or regulation that can affect a charge 
 upon any shipment, no change in the publication may be made except on 
 statutory notice or on special permission for shorter time. No supplement to 
 such publication, whether issued under authority of this rule or on statutory 
 notice or under special permission, may contain notice of any change effective 
 prior to the effective date of the supplement. 
 
 Rates to or from new points on old lines or road may not be established, 
 nor rates to or from old points be withdrawn, except upon statutory notice or 
 under special permission. 
 
 ( i ) Note. — The following may be used only in connection with publica- 
 tions such as are specified in paragraph ( i ) of this Rule, which are con- 
 structed and filed in accord with these regulations, and which are filed sub-» 
 sequent to November 9, 1908 : 
 
CLASSIFICATIONS AND TARIFFS 
 
 31 
 
 A tariff publication confined to information and regulations governing 
 the use of tank cars may be issued, and, except as hereinafter specified, may 
 be supplemented only on statutory notice or under special permission. Sup- 
 plements to such publication which contain no changes except additions of 
 cars not before listed, substitution of new cars for old cars, changes in owner- 
 ship of cars, and corrections in capacities of cars already listed may be issued 
 and made effective upon one day’s notice to the Commission and to the 
 public, as required by law. 
 
 In connection with this Rule, regulations as to number of supplements to 
 a publication and the volume of supplemental matter that may be contained 
 therein (Rule 9) must be observed; and when changes are made on short 
 notice hereunder and are incorporated in supplement with other matter 
 brought forward from previous supplement such other matter must be 
 plainly noted as reissued from a former supplement, (see paragraph ( d ) 
 of Rule 9), and no changes except those above specified may be included. 
 
 11. Each carrier 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 
 either as an initial or a delivering carrier. Such index shall be prepared 
 in sections, as indicated below, and shall show: (a) I. C. C. number; 
 (6) carrier’s own number; (c) index number; ( d ) initials of issuing road 
 or agent; ( e ) issuing road or agent’s number; ( f ) character of tariff or 
 description of the articles upon which it applies; (<7) 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. 
 
 First section. — A list of all the tariffs as to which the carrier 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., “Lumber — hard- 
 wood ;” “Lumber — yellow pine,” etc. 
 
 Following the specific commodity tariffs will be entered the general com- 
 modity tariffs, the class and commodity tariffs, and the class tariffs. Under 
 each of these heads the application of the tariffs will be described by alpha- 
 betical arrangement of the points or territory from or to which they apply, 
 in either the “From” or “To” column. 
 
 Under the head of “Miscellaneous schedules” will follow list of schedules, 
 such as billing books, classifications, exception sheets, switching tariffs, 
 terminal charges, etc., each entered in alphabetical order. 
 
 Second section. — List of all tariffs under which the carrier is a delivering 
 carrier arranged alphabetically by names of issuing carriers or agents, with 
 the items arranged by commodities and classes under each of such carriers 
 or agents, as prescribed for the first section. 
 
32 
 
 ELVIN S. KETCHUM 
 
 Third section . — A complete list of the numbers of tariffs of its own 
 I. C. C. series arranged in numerical order. 
 
 If carrier so desires, lists of its division sheets, official circulars, etc., may 
 appear in this publication. Tariffs covering specific circus movements and 
 supplements to tariffs need not be included in indices. 
 
 If any changes are made the index must be revised to date, either by 
 reissue each month, or by supplement each month and reissue every six 
 months. If supplements are used they must be constructed in accord with 
 specifications as to construction of index, and shall show additions, changes, 
 and cancellations made in index or previous supplement thereto. Not more 
 than two supplements to any index may be in effect at any time, and the 
 provisions of paragraph (c) of Rule 9 must be observed with relation thereto. 
 
 Each index must bear on its title-page notations, as follows : “This index 
 contains lists of tariff publications in effect on [date of issue of index]”; to 
 which may be added, “or which have been filed to become effective at a later 
 date as shown within.” If supplements to index will not be used, “No sup- 
 plement to this index will be issued” ; if supplements will be used, “Only two 
 supplements to this index will be in effect at any time.” 
 
 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 
 supplement]”; to which may be added, “or which have been filed to become 
 effective at a later date as shown within.” 
 
 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 an effective date. The rule requiring thirty days 5 notice does not 
 apply to these indexes and their supplements. 
 
 Note. — This rule is also in rules governing passenger tariffs. One index 
 containing both freight and passenger tariffs will be deemed sufficient, but 
 if both are included in one index it must be given an I. C. C. number in both 
 freight and passenger series and four copies must be sent to the Commission. 
 
 12. Tariffs containing rail-and-water rates or all-water rates applicable 
 via routes upon which it is necessary to close navigation during a portion 
 of the year, and which do not become effective and expire by specified ex- 
 piration within the same season of navigation, may provide for suspension 
 and restoration of the rail-and-water rates and the all-water rates named 
 therein under the following regulations : 
 
 (a) The following notation shall appear on the title-page of the tariff : 
 
 The rates named herein for rail-and-water and all-water transportation 
 
 are subject to suspension at the close of navigation and restoration on the 
 opening of navigation of [here insert the name of the water carrier or 
 carriers specified in the tariff] on notice as provided on page — of this tariff. 
 
 (b) In the rules governing the tariff shall appear the following : 
 
CLASSIFICATIONS AND TARIFFS 
 
 33 
 
 In anticipation of opening of navigation of [here insert name of water 
 carrier or carriers named in the tariff] restoration of the rail-and-water and 
 all-water rates contained in this tariff and in effective supplements thereto 
 which were in force on the date the rates were last suspended or which have 
 subsequently been made effective, will be announced by supplement to this 
 tariff which will be filed with the Interstate Commerce Commission, be posted 
 at points from which the rates apply, and become effective not less than 
 three days thereafter. 
 
 Note. — This effective date shall not be such as to allow more than thirty 
 days at point of transshipment for reforwarding by the water carrier. 
 
 The rates in this tariff and in supplements thereto for rail-and-water and 
 all-water transportation are effective only during the season of navigation 
 of [here insert the name of water carrier or carriers named in the tariff] 
 until [here insert date upon which freight can be forwarded from point of 
 shipment and with reasonable certainty reach the point of transshipment 
 prior to the last sailing of water carrier]. From that date and until an- 
 nouncement by supplement to this tariff of the date which wholly suspends 
 rates for the season, shipments will be accepted under this tariff only subject 
 to the provision that in the event of such shipments being in excess of the 
 available vessel capacity at time of arrival at port of transshipment or of 
 arrival too late for forwarding by vessel, the same will be forwarded via 
 all-rail route and be subject to the tariff rates via such all-rail route in effect 
 on the date of shipment from the point of origin; shipping receipts, bills 
 of lading, and waybills must bear notation to this effect. The supplement 
 announcing the close of navigation and the suspension of rail-and-water and 
 all-water rates named in this tariff and in its effective supplements will be 
 filed with the Interstate Commerce Commission and will be posted at points 
 from which the rates apply not less than three days in advance of the date 
 upon which the rates will be suspended from points of original shipment. 
 
 (c) Where the tariff suspended or restored under this Rule applies to 
 joint transportation by rail and river, or canal, or inland lakes other than 
 the Great Lakes, such tariffs may be suspended or restored on a like notice 
 of one day instead of three days. 
 
 ( d ) Supplements issued under this Rule announcing suspension and 
 restoration of rail-and-water and water rates in tariffs must not contain 
 anything except such suspension or restoration notice or notices. Only one 
 such supplement announcing suspension or restoration of the rates in a 
 tariff may be in effect at any time, and such supplement will not be counted 
 against the number of supplements permitted to such tariff under Rule 9. 
 
 (e) Rail-and-water and all-water rates suspended under this Rule may 
 be reissued or amended during such period of suspension upon statutory 
 notice the same as though the rates were in effect and active use, but the 
 
34 
 
 ELVIN S. KETCHUM 
 
 restoration of the rates by supplement notice will not advance the effective 
 date of any supplement to the tariff which has not on the date of restoration 
 become effective. Supplements made effective prior to the date of restora- 
 tion will be made effective on a given date, or may be stated to be “Effective 
 with restoration of tariff and supplements for season of 19 — (to be an- 
 nounced by subsequent supplement) but not earlier than [statutory notice] 
 19 — , nor earlier than noted in individual items.” 
 
 ( f ) Statutory notice of suspension, withdrawal, or restoration of rates 
 or regulations must be given as to all tariffs that do not contain the pro- 
 visions of paragraphs (a) and (b) of this Rule. 
 
 ( g ) The provisions of Rule 10 will also apply to carriers in rail and 
 water lines and to tariffs applying on such lines, and in addition thereto, 
 if storage or transit privilege is given at port of transshipment on the Great 
 Lakes in connection with a joint rail-and- water rate upon which shipment 
 moves from point of origin, the initial carrier’s tariff which contains such 
 rate must also contain the privilege or the charge, or give specific reference 
 by I. C. C. number to the tariff of the carrier that grants the privilege or 
 performs the service which contains such regulations and charges connected 
 therewith. 
 
 13. (a) Tariffs, classifications, and exception sheets and supplements 
 
 thereto shall be filed with the Commission by proper officer of the carrier 
 or by an agent designated to perform that duty, and concurrence of every 
 carrier participating therein must be on file with the Commission or ac- 
 company the tariff or supplement. If a carrier 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 carrier for his acts, in form as hereinafter specified, 
 must be filed with the Commission. 
 
 Such authority may be revoked by a carrier 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. 
 
 (b) If two or more carriers 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 
 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. 
 
 When consolidated form of concurrence FX6, FX7, or FX8 has been 
 used and additions are to be made to the list of roads for which such agent 
 acts under powers of attorney the necessity for a new set of consolidated 
 concurrences presents itself. Trouble and inconvenience can be avoided 
 
CLASSIFICATIONS AND TARIFFS 
 
 35 
 
 by the issuance of powers of attorney authorizing such agent to receive con- 
 currences provided in Rules 23, 24, and 25, and the securing of new con- 
 currences will be comparatively simple. 
 
 ( c ) Such joint agent duly authorized to act for several carriers must 
 file joint tariffs or classifications or exception sheets under I. C. C. serial 
 numbers of his own. 
 
 (d) Tariffs issued by a carrier under its I. C. C. numbers may include, 
 under proper concurrences, shown therein, rates via, and to and from points 
 on other carriers’ lines and concurring carriers may use such tariffs for post- 
 ing at their stations. Such tariff must be filed by the issuing carrier and 
 such filing will constitute filing for all lawfully concurring carriers. 
 
 (e) The agent or the carrier that issues a joint tariff publication shall 
 at once send copies thereof to each and every carrier that is named as party 
 thereto. 
 
 (/) A carrier that grants authority to an agent or to another carrier 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 carrier. 
 
 (g) If an agent publishes class rates and does not also publish com- 
 modity rates, such agent’s class tariff must carry notation that the commod- 
 ity rates of the carriers parties to the tariff are to be found in their in- 
 dividual issues, and that where so found they take precedence over class 
 rates. 
 
 If an agent publishes a part but not all of the commodity rates of the 
 carriers for which he acts, all of his tariffs containing commodity rates must 
 bear notation that commodity rates not shown therein are to be found in 
 the carriers’ individual issues, and where so found ‘they take precedence 
 over class rates. 
 
 (h) Rates for through shipments are often made by adding together 
 two or more rates. All State or other rates used in combination for inter- 
 state shipments must be posted at points from which they apply 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 Com- 
 mission in manner prescribed in the Act. 
 
 14. (a) 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 title-page of every tariff or sup- 
 plement must show full thirty days’ notice, except as provided in paragraph 
 (g) of Rule 3. 
 
36 
 
 ELVIN S. KETCHUM 
 
 (b) The law affirmatively imposes upon each carrier 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 Commis- 
 sion, 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 carrier from respon- 
 sibility or liability for any violation of the law, or of any ruling lawfully 
 made thereunder, which may have occurred in connection with the construc- 
 tion or filing of such tariff or supplement. 
 
 ( c ) Thirty days’ notice to the public and to the Commission is required 
 as to every publication which it is necessary for a carrier to file with the Com- 
 mission, regardless of what changes may or may not be effected thereby. 
 
 (d) No tariff or supplement will be accepted for filing unless it is de- 
 livered 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 re- 
 ceived 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 tele- 
 graphic 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. 
 
 ( e ) When a schedule is rejected by the Commission as unlawful, the 
 records so show and, therefore, such schedule should not thereafter be re- 
 ferred to as canceled, amended, or otherwise except to note on publication 
 
 that is issued in lieu of such rejected schedule "In lieu of rejected by 
 
 Commission nor should the number which it bears be again used. 
 
 (/) Rates prescribed by the Commission in its decisions and orders after 
 hearings upon formal complaints shall, in every instance, be promulgated by 
 
CLASSIFICATIONS AND TARIFFS 
 
 37 
 
 the carriers against which such orders are entered in duly published, filed, 
 and posted tariffs, or supplements to tariffs, and notice shall be sent to the 
 Uommission that its order in case No. — has been complied with in item — , 
 
 page — of — — tariff, I. C. C. No. — , or supplement — to tariff, I. C. C. 
 
 No. — . 
 
 In establishing rates or regulations under an order of the Commission in 
 a formal case, carrier or carriers that are actually and on the record parties 
 to the case, or that are lawful parties to a joint tariff in which the rate or 
 regulation that is prescribed is published by some carrier that is party to the 
 case, may include in the change or changes made in compliance with the 
 Commission’s order commodity or commodities that are grouped with that 
 or those which are specified in the order ; and may also include adjustment 
 at other points in order to preserve established grouping or relation of points, 
 and may also include adjustment of rates to same points on other commodities 
 for the purpose of maintaining established relation of rates between com- 
 modities : Provided , all such changes made by authority of this Rule shall 
 be effected by reductions in rates or charges. 
 
 If carrier that is not so party to the case or to the joint tariff desires 
 to make on less than statutory notice the same changes that are made under 
 the order by carrier that is party to the same, it must secure special permis- 
 sion so to do. 
 
 Unless otherwise specified in the order in the case, such tariff or supple- 
 ment 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 Com- 
 merce Commission in case No. 
 
 ( g ) Circulars announcing or explaining the attitude and course of car- 
 riers 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 Com- 
 mission for shorter time. The Commission will, however, be pleased to have 
 copies of such circulars and the information therein contained. 
 
 (h) Each carrier files tariffs under I. C. C. numbers, which are pre- 
 sumed to be used consecutively. Occasionally a tariff or supplement is re- 
 ceived which does not bear I. C. C. number next in numerical order to that 
 borne by the last one 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 carriers 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 
 
38 
 
 ELVIN S. KETCHUM 
 
 filed must be accompanied by a memorandum explaining as to the missing 
 number or numbers. 
 
 ( i ) Common carriers and agents are directed, in filing schedules in com- 
 pliance with the statute, to transmit two (2) copies of each tariff, supple- 
 ment, 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. 
 
 Tariffs sent for filing must be addressed “Interstate Commerce Commis- 
 sion, Bureau of Tariffs, Washington, D. C.” 
 
 15. (a) Fast freight line billing or instruction books which are, by 
 
 reference, made part of carrier’s tariffs, are in effect tariffs. The following 
 method of publication and filing of such books and of concurring therein may 
 be followed : 
 
 The interested carriers may arrange for a carrier of their number to 
 execute power of attorney Form FX1, appointing an agent with authority 
 to issue the billing or instruction book in the name, place, and stead of the 
 carrier giving the power of attorney. The publication must show on its 
 title-page that it is issued by the person designated in the capacity of agent 
 for the carrier that gives him power of attorney. 
 
 It will be sufficient for each of the other initial carriers that uses the 
 billing or instruction book in connection with its tariffs to give concurrence 
 in that book, running to the carrier that issues the book, on Form FX2 or 
 FX5 ; and for all carriers that participate in the publication as intermediate 
 or terminal carriers to each give general concurrence FX3 or FX4 in the 
 tariffs issued by the carrier granting power of attorney, or its agent. 
 
 Concurrences Form FX3 will, without modification, include the billing 
 or instruction books issued by a carrier to which such concurrence has been 
 given, or by its agent under power of attorney, but if such publication names 
 or affects rates from the stations on line of concurring carrier concurrence 
 FX2, FX4, or FX5 must be used. 
 
 (6) A tariff may contain rates to base points which must be con- 
 curred in by intermediate and terminal carriers over the lines of which the 
 rates apply to such base points, and when the issuing carrier is a party under 
 proper form of concurrence or power of attorney in a billing or instruction 
 book, such tariff may provide for the application of rates to points as specified 
 in the billing or instruction book by specific provision in the tariff, and 
 reference to the I. C. C. number of the billing or instruction book. It is not 
 necessary that such tariff should specify names and concurrence forms and 
 numbers of the intermediate and terminal carriers which are shown as 
 participating carriers in the billing or instruction books. The billing or in- 
 struction book is made a part of the tariff by specific reference, and the 
 carriers concurring in the billing or instruction book are thereby made 
 
CLASSIFICATIONS AND TARIFFS 39 
 
 lawful participants in the application of the rates named in the tariff to the 
 points on concurring carrier’s line, as authorized in the billing or instruc- 
 tion book. 
 
 16. (a) A carrier may grant to a joint agent authority to publish and 
 file for it classification and supplements thereto and exceptions to the class- 
 ification; or, such exceptions may be published by the carrier in its own 
 issues, either as parts of individual tariffs or in a publication 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. 
 
 A joint agent to whom carriers 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 carriers for which he acts under power of attorney, giving as to each 
 the FX1 number of such authority, and must file the classification and supple- 
 ments thereto on behalf of all of the carriers that have so authorized him 
 to act for them ; and such carriers will not file the classification or supple- 
 ments thereto for themselves. The provisions of the law as to statutory 
 notice must be observed in the issuance of supplements or reissue of the 
 classification. 
 
 In showing the list of participating carriers in supplement the rule pre- 
 scribed in Buie 9 will be followed. 
 
 (6) If a carrier fails to authorize an agent to file the classification for 
 it and undertakes to file it for itself, it is bound by the terms of the law as 
 to notice of change and date of filing, both as to the classification and eaqh 
 supplement thereto. 
 
 (c) In giving power of attorney for this purpose the form shown in 
 Rule 18 may be modified by striking out from line 6 the word “tariffs,” and, 
 if desired from line 7 the words “and exception sheets.” 
 
 If a carrier has given another carrier concurrence FX4, under which it 
 concurs in classification which that other carrier or its agent may make 
 and file, the carrier to which that concurrence is given may exercise the 
 authority by its lawfully appointed agent, and the carrier which gave the 
 authority be shown in the publication as participant under the form and 
 number of its concurrence. 
 
 17. (a) It will be permissible for an agent and attorney for certain 
 lines to join with another agent and attorney for lines in another territory 
 in the issuance of tariffs, naming joint through rates from points in one 
 territory to points in the other, or “between” points in the territories repre- 
 
40 
 
 ELYIN S. KETCHUM 
 
 sented by such agents. In doing this each of such agents acts for the lines 
 that have given him power of attorney FX1 and for the lines that have 
 given proper concurrences to the carriers that have given him such power 
 of attorney; and for such lines only. 
 
 Such publication will bear I. C. C. numbers, under the serial of each of 
 the agents, and each of the agents will file the publication and each and 
 every supplement thereto for and on behalf of the roads for which he is 
 attorney and agent and those that are participants under concurrences to 
 the roads for which he is agent and attorney, just as if it were his individual 
 publication on behalf of those carriers alone. Each of such agents will be 
 held to strict conformity to the law and the tariff regulations regarding the 
 construction of the tariff and notices of changes therein, and in filing the 
 tariff and each and every supplement thereto. 
 
 ( b ) Under this arrangement each agent acts only for the carriers that 
 he has due authority to act for. The principals of each are bound by the 
 acts of their attorney and agent, and as each will file the tariff under his 
 own I. C. C. number and for the roads which he lawfully represents, the 
 cross exchange of concurrences between all of the different roads represented 
 on the one hand by one agent and on the other hand by the other agent 
 will not be necessary as to that tariff. 
 
 (c) Such publication will show lists of participating carriers in the fol- 
 lowing manner : First, a list of the carriers from which one of the agents 
 has power of attorney FX1, showing as to each the FX1 number of such 
 authority. Second, a list of the carriers that participate under concurrences 
 to the lines for which that agent is agent and attorney, showing the form and 
 number of each concurrence. Third, a list of the carriers for which the other 
 agent is agent and attorney, with the FX1 number of his authority as to 
 each. Fourth, a list of the carriers that participate under concurrences to 
 the lines for which that agent is agent and attorney, showing the form and 
 number of each concurrence. 
 
 Each of these four subdivisions of the participating carriers will be in- 
 dicated by plain headlines, as, for instance, “Lines for which is agent 
 
 and attorney,” “Participating lines under concurrences to carriers for which 
 
 is agent and attorney,” and like notices for the other agent’s lists 
 
 of principals and concurring lines. 
 
 In order to avoid confusion and complications under this plan, it is 
 essential that the agents adopting it shall perfect their understandings and 
 that there shall be no omission or neglect on part of either about filing under 
 lawful notice any tariff so issued or any supplement thereto. 
 
 18. The following form, on paper 8 by 10 y 2 inches in size, will be used 
 in giving authority to an agent to file for the carrier giving the authority 
 tariffs and supplements thereto. Such authority must not be given to an 
 
CLASSIFICATIONS AND TARIFFS 
 
 41 
 
 association or bureau, and it may not contain authority to delegate to another 
 power thereby conferred. 
 
 This form may be modified so as to confer the authority desired by 
 omitting the words "(1) for it alone, and (2),” or by omitting the words 
 “and (2) for it jointly with other carriers.” 
 
 If two or more carriers execute this form containing the words “for it 
 jointly with other carriers” in favor of a joint agent it will not be necessary 
 for those carriers to exchange concurrences with each other as to the joint 
 tariffs issued by that joint agent under that authority. 
 
 TO BE FILED WITH THE INTERSTATE COMMERCE COMMISSION. 
 
 [Name of carrier in full.] 
 
 Form FX1 — No. — . 
 
 [Date] 
 
 Know all men by these presents : 
 
 That the [name of carrier] has made, constituted, and appointed, and by 
 these presents does make, constitute, and appoint [name of person appointed] 
 its true and lawful attorney and agent for the said company and in its name, 
 place, and stead, (1) for it alone, and (2) for it jointly with other carriers, 
 to file tariffs, classifications, and exception sheets and supplements thereto, 
 as required of common carriers by the Act to regulate commerce and by regu- 
 lations established by the Interstate Commerce Commission thereunder for 
 the period of time the traffic and the territory now herein named : 
 
 And the said [name of carrier] does hereby give and grant unto its said 
 attorney and agent full power and authority to do and perform all and 
 every act and thing above specified as fully to all intents and purposes as if 
 the same were done and performed by the said company, hereby ratifying and 
 confirming all that its said agent and attorney may lawfully do by virtue 
 hereof, and assuming full responsibility for the acts and neglects of its 
 said attorney and agent hereunder. 
 
 In witness whereof the said company has caused these presents to be 
 
 signed in its name by its president and to be duly attested under its 
 
 corporate seal by its secretary, at , in the State of , on this 
 
 day of , in the year of our Lord nineteen hundred and . 
 
 The [name of carrier], 
 
 Attest : By , 
 
 » 
 
 Secretary . 
 [corporate seal.] 
 
 Its President . 
 
42 
 
 ELVIN S. KETCHUM 
 
 Carrier issuing this form will file the original with the Commission and 
 will furnish duplicate to the agent to whom power of attorney i3 given. 
 Separate authorizations will be given for freight and passenger tariffs. 
 
 For concurrence in tariffs issued and filed by another carrier or its agent 
 forms prescribed in Rules 19 to 25, inclusive, will be used. Concurrences 
 must be given to carriers named therein and authority so granted to a carrier 
 may be by it delegated to its lawfully appointed agent. 
 
 All concurrences must be on paper 8 by 10 y 2 inches in size. 
 
 Separate concurrences will be given for freight and passenger tariffs. 
 
 Note. — Experience has demonstrated that it is simpler and better to 
 use concurrence than power of attorney in giving authority to a carrier to 
 publish and file another carrier’s rates. Provision for giving power of 
 attorney to another carrier has, therefore, been eliminated except for the pur- 
 pose of granting authority to give and receive concurrences as provided in 
 Rule 26. 
 
 This does not invalidate or change the terms or effect of any power of 
 attorney now on file. 
 
 19. The following form will be used in giving concurrence in a tariff 
 that is issued and filed by another carrier or its agent and to which the carrier 
 giving concurrence is a party. If given to continue until revoked, it will 
 serve as continuing concurrence in the tariff described in the concurrence and 
 all supplements to and reissues thereof. If provision for concurrence to 
 continue until revoked is striken out, a new concurrence will be required 
 with each supplement or reissue. 
 
 TO BE FILED WITH THE INTERSTATE COMMERCE COMMISSION. 
 
 [Name of carrier in full.] 
 
 General Freight Department, 
 
 [Date] . 
 
 Form FX2 — No. — . 
 
 To the Interstate Commerce Commission, 
 
 Washington, D. C.: 
 
 This is to certify that the [name of carrier] assents to and concurs in 
 the publication and filing of the rate schedule described below, together with 
 supplements thereto and reissues thereof which the named issuing carrier or 
 its agent may make and file, and hereby makes itself a party thereto and 
 bound thereby, until this authority is revoked by formal and official notices 
 of revocation placed in the hands of the Interstate Commerce Commission 
 and of the carrier to which this concurrence is given. 
 
CLASSIFICATIONS AND TARIFFS 
 
 43 
 
 Title and number : [Here give exact description of title of schedule, in- 
 cluding number and name of series.] 
 
 Date of issue: . 
 
 Date effective: . 
 
 Issued by 
 [Official.] 
 
 [Company.] 
 
 [Name of carrier.] 
 
 By [Name of officer.] 
 
 [Title of officer.] 
 
 The original of this form will be filed with the Commission by the carrier 
 or agent who files the tariff and will accompany the tariff. 
 
 20. Concurrence may be given by any carrier to embrace all tariffs issued 
 by another carrier or its agent in which the concurring carrier is shown as a 
 paticipating intermediate or delivering line, after the following form : 
 
 TO BE FILED WITH THE INTERSTATE COMMERCE COMMISSION. 
 
 [Name of carrier in full.] 
 
 General Freight Department, 
 
 [Date] . 
 
 Form FX3 — No. — . 
 
 To the Interstate Commerce Commission, 
 
 Washington, D . C. : 
 
 This is to certify that the [name of carrier] assents to and concurs in 
 the publication and filing of any freight-rate schedule or supplement thereto 
 which the [name of carrier] or its agent may make and file, in which it is 
 shown as a participating carrier, and hereby makes itself a party to and 
 bound thereby in so far as such schedule contains rates applying via its 
 line and to, but not from, points thereon, until this authority is revoked by 
 formal and official notices of revocation placed in the hands of the Interstate 
 Commerce Commission and of the carrier to which this concurrence is given. 
 
 [Name of carrier.] 
 
 By [Name of officer.] 
 
 [Title of officer.] 
 
 Carrier issuing this form will file the original with the Commission and 
 will furnish duplicate to the carrier to which concurrence is given. This 
 form must not be qualified in any way except to show what agents have been 
 given power of attorney and to provide that tariffs shall not be issued under 
 the concurrence covering traffic provided for in tariffs issued by such 
 agents. 
 
 
44 
 
 ELVIN S. KETCHUM 
 
 21. Concurrence may be given by a carrier in tariffs issued by anothe 
 carrier or its agents applying rates to or from its points or via its lines, o « 
 certain described traffic or between certain described points or territories 
 after the following form, modified as may be necessary to confer exactl i 
 the authority intended to be granted. For granting authority to publis'j 
 and file rates to and from and via its lines, and not otherwise qualified I 
 carrier will use concurrence form FX5 or FX7, as per Rules 22 and 24 : 
 
 TO BE FILED WITH THE INTERSTATE COMMERCE COMMISSION. 
 
 [Name of carrier in full.] 
 
 General Freight Department, 
 
 [Date] . 
 
 Form FX4 — No. — . 
 
 To the Interstate Commerce Commission, 
 
 Washington, D. C. : 
 
 This is to certify that the [name of carrier] assents to and concurs ijjj 
 the publication and filing of any freight-rate schedule or supplement theretfl 
 which the [name of carrier] or its agent may make and file and in whic' * 
 this company is shown as a participating carrier, and hereby makes itsel 
 a party to and bound thereby in so far as such schedule contains rate 
 
 applying upon ; or between and ; or from t 
 
 • ; or via ; until this authority is revoked by formal and official ] 
 
 notices of revocation placed in the hands of the Interstate Commerce Com ) 
 mission and of the carrier to which this concurrence is given. 
 
 [Name of carrier.] 
 
 By [Name of officer.] 
 
 [Title of officer.] 
 
 Carrier issuing this form will file the original with the Commission am 
 will furnish duplicate to the carrier to which concurrence is given. 
 
 22. Concurrence may be given by a carrier in tariffs issued by anothe 
 carrier or its agent applying rates to and from its points and via its line 
 and after the following form : 
 
 to be filed with the interstate commerce commission. 
 
 [Name of carrier in full.] 
 
 General Freight Department, 
 
 [Date] . 
 
 Form FX5 — No. — . 
 
 To the Interstate Commerce Commission, 
 
 Washington, D. C. : 
 
 This is to certify that the [name of carrier] assents to and concurs in th< 
 publication and filing of any freight-rate schedule or supplement theret j 
 
CLASSIFICATIONS AND TARIFFS 
 
 rtiich the [name of carrier] or its agent may make and file, and in which 
 his company is shown as a participating carrier, and hereby makes itself 
 i party to and bound thereby in so far as such schedule contains rates apply- 
 ng to and from stations on its lines, and via its lines, until this authority 
 s revoked by formal and official notices of revocation placed in the hands 
 f the Interstate Commerce Commission and of the carrier to which this 
 oncurrence is given. 
 
 [Name of carrier.] 
 
 By [Name of officer.] 
 
 [Title of officer.] 
 
 Carrier issuing this form will file the original with the Commission and 
 ill furnish duplicate to the carrier to which concurrence is given. This 
 >rm must not be qualified in any way, unless to show what agents have 
 Jen given powers of attorney and to provide that tariffs shall not be issued 
 ader the concurrence covering traffic provided for in tariffs issued by such 
 jents. 
 
 23. If two or more carriers appoint the same person as agent for the 
 lblication and filing of tariffs and supplements thereto under powers of 
 torney form FX1, concurrence in tariffs issued by him under such au~ 
 onty may be in the following form : 
 
 TO BE FILED WITH THE INTERSTATE COMMERCE COMMISSION. 
 [Name of carrier in full.] 
 
 General Freight Department, 
 [Date] 
 
 >rm FX6— No. — . 
 
 ► the Interstate Commerce Commission, 
 
 | Washington, D. C. : 
 
 This is to certify that the [name of carrier] assents to and concurs in 
 i ! publication and filing of any freight-rate schedule or supplement thereto 
 ’uch the [here give list of all roads for which the agent has powers of 
 s omey], or either or any of them, may make and file through their agent 
 si attorney [name of agent], and in which it is shown as a participating 
 ' n er, and hereby makes itself a party to and bound thereby in so far as 
 s h schedule contains rates applying via its line, and to but not from points 
 . reon, until this authority is revoked by formal and official notices of 
 location placed in the hands of the Interstate Commerce Commission and 
 y he carrier to which this concurrence is given, or of its agent and attorney 
 2 m named. J 
 
 [Name of carrier.] 
 
 By [Name of officer.] 
 
 [Title of officer.] 
 
46 
 
 ELVIN S. KETCHUM 
 
 Carrier issuing this form will file the original with the Commission and 
 will furnish duplicate to each of the carriers named m the concurrence, or 
 if each of those carriers has given said agent power of attorney to recem 
 for it concurrences, original will be filed with the Commission and on 
 duplicate may be filed with such agent instead of furnishing duplicates t< 
 each and every carrier represented by him. 
 
 34 If two or more carriers appoint the same person as agent for to, 
 publication and filing of tariffs and supplements thereto under powers o 
 attorney form FX1, concurrence in tariffs issued by him under such au 
 thority may be in the following form : 
 
 TO BE FILED WITH THE INTERSTATE COMMERCE COMMISSION. 
 
 [Name of carrier in full.] 
 
 General Freight Department, 
 [Date] 
 
 Form FX7— No. — . 
 
 To the Interstate Commerce Commission, 
 
 Washington , D. C.: 
 
 This is to certify that the [name of carrier] assents to and concurs 
 the publication and filing of any freight-rate schedule or supplement there 
 which the [here give list of all roads for which the agent has powers 
 attorney], or either or any of them may make and file through their age 
 and attorney [name of agent], and in which it is shown as a P artlcl P atl 
 
 carrier, and hereby makes itself a party to and bound thereby in «o, 
 
 as such schedule contains rates applying via its line, and to and from poi 
 thereon, until this authority is revoked by fornal and official notices 
 revocation placed in the hands of the Interstate Commerce Commission ai 
 of the carrier to which this concurrence is given, or of its agents and attorn. 
 
 herein named. [Name of carrier.] 
 
 By [Name of officer.] 
 
 [Title of officer.] 
 
 Carrier issuing this form will file the original with the Commission all 
 will furnish duplicate to each of the carriers named in the concurrence, j,j 
 if each of those carriers has given said agent power of attorney to recei 
 for it concurrences, original will be filed with the Commission and 
 duplicate may be filed with such agent instead of furnishing duplicates 
 each and every carrier represented by him. 
 
 25 If two or more carriers appoint the same person as agent for 
 publication and filing of tariffs and supplements thereto under powers 
 attorney form FX1, concurrence in tariffs issued by him under such authory 
 
CLASSIFICATIONS AND TARIFFS 
 
 47 
 
 applying to or from certain points or territory may be issued in the following 
 form, modified as may be necessary to confer exactly the authority intended 
 to be granted; 
 
 TO BE FILED WITH THE INTERSTATE COMMERCE COMMISSION. 
 
 [Name of carrier in full.] 
 
 General Freight Department, 
 
 [Date] . 
 
 Form FX8 — No. — . 
 
 To the Interstate Commerce Commission, 
 
 'Washington, D. C. : 
 
 This i6 to certify that the [name of carrier] assents to and concurs in the 
 publication and filing of any freight-rate schedule or supplement thereto 
 which the [here give list of all roads for which the agent has powers of 
 attorney], or either or any of them, may make and file through their agent 
 and attorney [name of agent], and in which it is shown as a participating 
 carrier, and hereby makes itself a party to and bound thereby in so far 
 
 as such schedule contains rates applying upon ; or between 
 
 and ; or from to ; or from to points on or 
 
 reached via its line; or from points on or via its line to until this 
 
 authority is revoked by formal and official notice of revocation placed in the 
 hands of the Interstate Commerce Commission and of the carriers to which 
 this concurrence is given, or of their agent and attorney herein named. 
 
 [Name of carrier.] 
 
 By [Name of officer.] 
 
 [Title of officer.] 
 
 Carrier issuing this form will file the original with the Commission and 
 will furnish duplicate to each of the carriers named in the concurrence, or, 
 if each of those carriers has given said agent power of attorney to receive 
 for it concurrences, original will be filed with the Commission and one 
 duplicate may be filed with such agent instead of furnishing duplicate to 
 each and every carrier represented by him. 
 
 Note. — Concurrence, form FX2, applies to individual publication named 
 therein. Concurrence, form FX3 or FX6, confers authority to publish and 
 file rates to, but not from, points on line of concurring carrier, and via its 
 lines. Concurrence, form FX5 or FX7, confers authority to publish and 
 file rates to and from points on line of concurring carriers, and via its lines. 
 Forms FX3, FX5, FX6, and FX7 are not to be modified except as specified 
 in the Rules. The use of these several forms as provided will, therefore, show 
 by the form number just what authority has been given, except when form 
 FX4 or FX8 is used, these forms being provided for instances which the 
 
48 
 
 ELVIN S. KETCHUM 
 
 other forms do not exactly fit. The Commission does not require the sub- 
 stitution of concurrence form FX5 for form FX4, now on file, which covers 
 only the authority provided for in the new form FX5, but will welcome such 
 substitution. For all new concurrences forms will be used as specified in 
 the several Rules, and FX4 or FX8 only when neither of the other forms 
 provides for the authority it is desired to confer. 
 
 26. (a) Each carrier will give authorizations and concurrences serial 
 numbers, beginning with No. 1 in each series, as indicated by forms, and 
 continuing in consecutive numbers as to each series, and keeping these 
 numbers separate and apart from the I. C. C. numbers of tariffs. 
 
 (6) A concurrence may be revoked by filing notice of such revocation 
 with the Commission and serving same upon the carrier to which such con- 
 currence was given. Such notice must specify the date upon which revoca- 
 tion is to be made effective, and must give at least sixty days’ notice to the 
 Commission and to the carrier to which concurrence was given. Correspond- 
 ing revision of tariff or tariffs shall be made in the next supplement to or 
 reissue thereof, and if necessary, supplement or reissue shall be made for 
 the sole purpose of making such change lawfully effective on statutory notice 
 upon the effective date stated in the notice of revocation. 
 
 ( c ) Subsidiary or small lines which do not wish to issue concurrences 
 or tariffs may give to the parent or other line power of attorney to concur 
 in tariffs, and also general concurrence FX4 or FX5, to file tariffs, and the 
 carrier holding such authority and concurrence may give, and also receive, 
 concurrences for itself and the lines for which it acts in one instrument. 
 Such subsidiary or small lines must, however, be named in concurrences so 
 given. In giving power of attorney to concur in tariffs, form FX1 will be 
 modified by striking out from line six the word “file” and substituting the 
 following therefor : “to give and receive concurrences in.” 
 
 ( d ) In giving concurrences care must be taken to avoid probability of 
 two or more agents or carriers naming conflicting rates or rules. 
 
 (e) The granting of authority to issue tariffs under power of attorney, 
 or concurrence, does not relieve the carrier conferring the authority from the 
 necessity of complying with the law with regard to posting tariffs. It is 
 proper to use tariffs issued under its authority for that purpose. 
 
 27. All tariffs that are filed with the Commission will be accompanied 
 by a letter of transmittal, on paper 8 by lO 1 /^ inches in size, and to the 
 following effect : 
 
 [Name of carrier in full.] 
 
 General Freight Department, 
 
 [Date] . 
 
CLASSIFICATIONS AND TARIFFS 
 
 49 
 
 Advice No. . 
 
 To the Interstate Commerce Commission, 
 
 Washington , D. C. : 
 
 Accompanying schedule is sent you for filing, in compliance with the re- 
 quirements of the Act to regulate commerce, issued by , and 
 
 bearing 
 
 I. C. C. No. — , 
 
 Supp. No. — , to I. C. C. No. — . 
 
 Effective , 19 — ; 
 
 and is concurred in by all carriers named therein as participants, under 
 continuing concurrences or authorizations now on file with the Interstate 
 Commerce Commission, except the following-named carriers, whose concur- 
 rences are attached hereto : 
 
 [Signature of filing agent.] 
 
 A separate letter may accompany each schedule, or the form may be 
 modified to provide for filing under one letter as many schedules as can con- 
 veniently be entered. 
 
 Note. — If receipt for accompanying schedule is desired the letter of 
 transmittal must be sent in duplicate, and one copy will be stamped and 
 returned as receipt. 
 
50 
 
 ELVIN S. KETCHUM 
 
 QUIZ QUESTIONS 
 
 1. What factors controlled the establishment of the new 
 steel mills at Gary, Indiana? 
 
 2. What conditions must be taken into consideration in 
 adjusting rates in a given section of country? 
 
 3. Explain the reasons why it is difficult to determine 
 a classification for all goods which will not result in dis- 
 crimination. 
 
 4. Discuss the method, which has been found best by ex- 
 perience, of fixing the rates by classification. 
 
 5. How does “car-load lot” classification often make a 
 discrimination against the smaller shipper? 
 
 6. How do the aims of the Eastern Classification Com- 
 mittee differ from the others in eliminating discrimination ? 
 
 7. Discuss attempts, practicability, and probable results 
 of a uniform classification. 
 
 8. Define and illustrate class rates, also commodity rates. 
 Why do these two kinds of rates exist? 
 
 9. What is the relation of the Interstate Commerce Com- 
 mission to making classifications for goods? Relation of 
 shipper, also railroad? 
 
 10. Discuss the intent of section 6 of the Interstate Com- 
 merce Law. How does this section make the buyer of trans- 
 portation responsible for the rates he pays? 
 
 11. Outline the main provisions of Section 6. What 
 clause gives the commission power to prescribe the form in 
 which tariffs shall be filed? 
 
 12. Discuss how tariffs shall be printed— as to paper, 
 size, title page and Interstate Commerce Commission num- 
 bering. 
 
CLASSIFICATIONS AND TARIFFS 
 
 51 
 
 13. What provisions must be observed to shew kind of 
 tariffs, territory covered, governing classification or ex- 
 ceptions ? 
 
 14. How must tariffs show date effective, date of expira- 
 tion, and validity when filed less time than the statutory 
 notice ? 
 
 15. What is the ruling of the Commission regarding sup- 
 plements to tariffs of various sizes'? 
 
 16. Discuss the kind and order of the information which 
 the tariffs must contain. 
 
 17. What provision must be made in the tariff to show 
 the rates on the various commodities shipped? 
 
 18. Are commodity rates not indexed legal? How could 
 you find commodity rates to destination points? 
 
 19. What are the requirements of the Commission re- 
 garding names of stations and points in the rate schedules? 
 
 20. What specifications may be made regarding geo- 
 graphical and territorial descriptions? 
 
 21. How must lists of exceptions, rules governing tariffs, 
 explanatory statements, substitution of rates, tariffs relat- 
 ing to other tariffs, rate tables and routes be specified in the 
 schedules? 
 
 22. Discuss liability of shipper if carrier routes the goods 
 the most expensive way. 
 
 23. Explain ruling on through shipment when joint rates 
 are not in effect. 
 
 24. Show to what extent basing or proportional rates 
 must be specific. How combination rates may be used and 
 when lawful. 
 
 25. What is meant by “a combination rate a unit as of 
 date of original shipment”? 
 
52 
 
 ELVIN S. KETCHUM 
 
 26. Define “common point” and state how “commodity 
 rates” must be specific. 
 
 27. When are “commodity rates” the only legal rates? 
 When can “alternative rates” be used? 
 
 28. Discuss the five conditions regarding cancellations 
 of tariffs. 
 
 29. What are the rulings as to amendments, supple- 
 ments, participating carriers, concurrences, and power of 
 attorney? 
 
 30. What specifications must be contained in the tariffs 
 regarding “terminal charges,” “diversion,” “transit priv- 
 ileges,” “joint switching rates,” “switching absorptions,” 
 and ‘ ‘ distance tariffs ’ ’ ? 
 
 31. Discuss the provisions regarding rail-and-water 
 tariffs as to restoration, suspension, routes, supplements, 
 storage and transit privileges. 
 
 32. What rulings are indispensable to the proper filing 
 of the schedules by the carriers in order that they may be- 
 come legal rates? 
 
 33. What are the rules which apply to the powers of 
 joint agents, and the main features of the forms prescribed 
 in presenting schedules for filing? 
 
 34. Draw up a general plan of a tariff containing all the 
 features required by the commission for making said tariff 
 legal ; also the necessary forms of letters which must accom- 
 pany said tariff in presenting it for filing with the com- 
 mission. 
 
CLASSIFICATIONS AND TARIFFS 
 
 53 
 
 INDEX 
 
 FREIGHT TARIFFS AND CLASSIFICATIONS 
 (Abbreviations: n, note; p. preface. Italic letters indicate paragraphs] 
 
 Section 
 
 Abbreviations, explanation must be shown..., 4a 
 
 Absorption : 
 
 of carrier, withdrawal and adoption of tariffs . ...9» 
 
 switching or terminal road’s charges 10« 
 
 switching charges of connecting carrier 10/ 
 
 Acceptance of tariff not acknowledgment of lawfulness .....146 
 
 Address : 
 
 of issuing officer must be shown on title-page 3i 
 
 to be used in filing tariffs with Commission 14» 
 
 Adjustment, maintenance of relative, under Commission’s formal order 14/ 
 
 Adoption of tariffs : 
 
 by carrier absorbed or transferred 9* 
 
 by receiver 9; 
 
 Agent : 
 
 authority to file classifications and exceptions 16a 
 
 authority to file tariffs must be filed 13a 
 
 authority may be revoked or transferred 13a 
 
 failure of authorization to file classification 166 
 
 filing class rates, carrier’s commodity rates take precedence 13 g 
 
 form of appointment 18 
 
 issuing tariff, title-page must show .....3a 
 
 may not delegate authority 18 
 
 must file tariffs under own I. C. C. number 13c, 16a 
 
 must send copies of joint tariffs to all carriers parties 13e 
 
 power of attorney, to file classification 16c 
 
 power of, under power of attorney 86 
 
 tariff, cancellation by principal 86 
 
 tariff filed by more than one 17 
 
 tariffs must not conflict with carrier’s 13/ 
 
 under power of attorney, may cancel tariff of principal 86 
 
 Allowances to be filed in separate tariffs 10a 
 
 All-bail bates to be used where shipment exceeds cargo capacity 126 
 
 All-water bates : 
 
 may be amended during suspension 12(/ 
 
 suspension and restoration 12 
 
 Alphabetical arrangement: 
 
 of commodity rates to each destination 4 r 
 
 of points in rate tables 4 d 
 
 when used, table of contents shall indicate pages where points are shown. Ad 
 Alterations or erasures must not be made before filing 1 
 
 Alternative use : 
 
 distance tariff under proper provision 10? 
 
 of class and commodity rates 76 
 
54 ELVIN S. KETCHUM 
 
 Ambiguous terms to be avoided . 4 i 
 
 Amendment : 
 
 a change in or addition to tariff. 9a 
 
 item must be printed in supplement in its entirety 9a 
 
 to loose-leaf tariff 9e 
 
 to suspended rail-and-water tariff . 12e 
 
 Analogous abticles, commodity rates not to be applied to 6b 
 
 Appointment, agent, form of 18 
 
 Abbitraries to be filed in separate tariffs 10a 
 
 Association, can not be given authority under FX1 18 
 
 Back haul, to or from point directly intermediate to base point 5b 
 
 Bases : 
 
 if tariff arranged by, index must show proper basis or basis number 4 d 
 
 Basing points: 
 
 combination on, to or from point directly intermediate 5b 
 
 rates to, must be concurred in by intermediate and terminal roads 15b 
 
 in absence of specific rate, tariff may specify basing points for combination. . 5b 
 
 Basing tariffs must be specific 5b 
 
 Billing books: 
 
 of fast freight line 15a 
 
 tariffs may refer to 15b 
 
 Billing instructions to points off line may be shown in tariff 10b 
 
 Book form : 
 
 tariffs may be in 2 
 
 contents 4 
 
 Bureau, can not be given authority under FX1 18 
 
 Cancellation : 
 
 agent’s tariff by principal, when permissible 8b 
 
 by issuance of similar tariff, not by supplement .8e 
 
 concurrence does not confer authority to cancel tariff of concurring carrier.. 8c 
 
 must be by issuing carrier 8c 
 
 must be shown on supplement . 9c 
 
 notice must be by supplement , ... .Sd 
 
 notice to specify where rates thereafter found Se 
 
 of tariff also cancels supplements 8c 
 
 shall be stated when conflicting with part of another tariff Sa 
 
 shall be shown on title-page with I. C. C. number of new tariff 3b 
 
 Carrier : 
 
 or agent issuing tariff shall be shown on title-page 3a 
 
 supplement to contain list participating 9b 
 
 surrendering control no right to abandon tariffs except on lawful notice 9 i 
 
 Cab-service allowances and charges in separate tariffs ...10a 
 
 Change in rate. Bee Notice of changes. 
 
 Change of ownership, adoption of old tariffs 9* 
 
 Circulars announcing compliance with order of court 14<7 
 
 Class, when tariff is, it must be shown on title-page 3d 
 
 Class bates: 
 
 apply when articles not specified in index of commodities 4c 
 
 filed by agent, carrier’s commodity rates take precedence 13^ 
 
 rule for alternative use of 7c, d 
 
CLASSIFICATIONS AND TARIFFS 55 
 
 Classification : 
 
 failure to authorize agent to file 16b 
 
 governing tariff, form of reference on title-page 3e 
 
 issuance by joint agent 16a 
 
 power of attorney to joint agent to file 16c 
 
 rule to be incorporated regarding commodity rates 7e 
 
 tariff not governed by, except when and to extent stated 3e 
 
 Combination bate: 
 
 lowest, via route forwarded, must govern when no specific rate and no 
 
 combination prescribed 5c 
 
 tariff may specify basing points or factors 5b 
 
 to or from point directly intermediate to base point 5b 
 
 unit as of date of original shipment 5c 
 
 where no joint rate, may be used 5a 
 
 Commodities: 
 
 between same points, tariff must contain all rates 4c 
 
 must be grouped in tariffs 4c 
 
 not more than ten, may be named on title-page 4c 
 
 index to be shown in tariffs 4c 
 
 Commodity item containing list of articles taking same rate, indexed but once. .4c 
 Commodity bates: 
 
 alphabetical arrangement to each destination 4c 
 
 carrier’s, take precedence over agent’s class rates 13^ 
 
 must be specific 6b 
 
 named in other tariffs, index shall show 4c 
 
 naming of, takes articles out of classification 7a 
 
 not indexed, not lawful 4c 
 
 not to be applied to analogous articles 6b 
 
 only legal rate 7 a 
 
 rule in tariff for alternative use 7b, c, d 
 
 when tariff contains, title-page must show 3 d 
 
 CONCUBRENCES : 
 
 accompanying tariff 19 
 
 application of various forms n25 
 
 conflicting authority, care must be taken to avoid 26 d 
 
 carrier receiving may act through its agent 16c 
 
 consolidated, use of 13b 
 
 cross-exchange not necessary in joint agent’s tariff 17b, 18 
 
 do not confer authority to cancel tariffs of concurring carrier 8c 
 
 do not relieve concurring carrier from posting 26e 
 
 form and number must be shown in joint tariff 4b 
 
 forms of. See Forms. 
 
 must be filed 13a 
 
 must not conflict 26 d 
 
 of old carrier must be replaced by new carrier 9J 
 
 of subsidiary lines in tariffs of parent lines 26c 
 
 revocation of .26b 
 
 separate for freight and passenger tariffs .18 
 
 serial numbers must be shown 26a 
 
 size of 18 
 
 tariffs issued -jnder, filed for all concurring 13d 
 
56 
 
 ELVIN S. KETCHUM 
 
 Conflicting tariffs : 
 
 cancellation in part 8a 
 
 carrier’s tariffs must not conflict with agent’s .13/ 
 
 Connecting carrier’s switching charges absorbed 10/ 
 
 Connecting lines must publish additional terminal charges lOd 
 
 Consolidated concurrences, use of 136 
 
 Contents of book and pamphlet form tariffs 4 
 
 Copies of joint tariffs must be sent to carriers parties 13c 
 
 Court orders, circulars announcing compliance with 14(7 
 
 Date effective must be shown on title-page 3/ 
 
 Date of issue must be shown on title-page 3/ 
 
 Date of original shipment, combination rate unit 5c 
 
 Description of commodities to be grouped 4c 
 
 Delivering line may demand full local on misroutecl shipment 4; 
 
 Demurrage charges to be filed in separate tariff 10a 
 
 Distance, official list of points and distances 10 h 
 
 Distance tariff : 
 
 alternative use under proper provision 10# 
 
 may be used when no other rates provided .10(7 
 
 Diversion charges to be filed in separate tariffs 10a 
 
 Divisions, though not agreed upon, shipper not to pay overcharge 4; 
 
 Division sheets, lists of, may appear in index of tariffs 11 
 
 Effective date: 
 
 must be shown on title-page 3/ 
 
 none to be shown on index of tariffs 11 
 
 Elevation allowances and charges to be filed in separate tariffs 10a 
 
 Erasures may not be made in tariff before filing 1 
 
 Exceptions : 
 
 to classification not referred to on title-page must be shown 4/ 
 
 to classification should, when practicable, be included in tariff they affect. .16a 
 
 to geographical description not to exceed certain amount * 4 d 
 
 Exception sheet: 
 
 : governing tariff, must be shown by name and number on title-page 3c 
 
 tariff not governed except when and to extent stated 3c 
 
 Expiration notice: 
 
 undesirable 3/ 
 
 form to be used 3/ 
 
 not guaranty that tariff will remain effective 3/ 
 
 Explanatory statements, if necessary, must be given 4(7 
 
 Explosives, tariff must contain notation of compliance with Commission’s 
 
 regulations 4 h 
 
 Fast-freight line billing or instruction books 15a 
 
 tariffs may refer to - 156 
 
 Filing tariffs : 
 
 no account taken of time lost in transmission 14 d 
 
 not acknowledgment of lawfulness 146 
 
 • two copies must be filed 14* 
 
 Forms : 
 
 adoption by new carrier of tariffs of old 9; 
 
 adoption by receiver of carrier’s tariffs 9; 
 
 FX1 (appointment of agent) 18 
 
CLASSIFICATIONS AND TARIFFS 57 
 
 FX2 (specific tariff) 19 
 
 FX3 (to and via, but not from) ; 20 
 
 FX4 (limited form) 21 
 
 FX5 (to and from, and via) 22 
 
 FX6 (consolidated — to and via, but not from) 23 
 
 FX7 (consolidated — to and from, and via) 24 
 
 FX8 (consolidated — limited form) 25 
 
 letter of transmittal 27 
 
 Formal cases, rates made in accordance with orders in 14/ 
 
 Future rates, reference to, when tariff is canceled He 
 
 Gauge books of tank lines may be used 10* 
 
 Geographical description of application of tariff 4 d 
 
 Great Lakes, suspension and restoration of rates 12 
 
 Gross ton, tariff must specify what constitutes 4* 
 
 Groups : 
 
 if. tariff arranged by, index must show group number or refer to list 4 d 
 
 table of contents shall give pages on which rates in each group will be 
 
 found 4 d 
 
 Group descriptions may be used 4 d 
 
 Hectograph reproduction of tariffs, not to be used .1 
 
 Icing allowances and charges to be in separate tariffs 10a 
 
 “In” local or proportional not affected by “out” rate non-effective on date of 
 
 shipment 5c 
 
 Index : 
 
 to individual or joint tariffs — 
 
 commodities to be shown 4c 
 
 commodity, not indexed, not lawful rate 4c 
 
 of points to and from which rates apply 4 d 
 
 to points not necessary when alphabetically arranged 4 d 
 
 supplements exceeding five pages to be indexed 9# 
 
 of effective tariffs — 
 
 arrangement of 11 
 
 change by supplement or reissue 11 
 
 may include passenger and freight and show both I. C. C. numbers ...nil 
 
 need not include supplements or specific circus movements 11 
 
 no effective date 11 
 
 notation on title-page 11 
 
 Initial carrier publishing rate must also show privileges 10a 
 
 Injunction of court, circular announcing attitude of carriers lAg 
 
 Instruction books of fast-freight lines 15a 
 
 tariffs may refer to 156 
 
 Intermediate line may demand full local on misrouted shipment 4; 
 
 I. C. C. numbers : 
 
 agent must file under his own 13c, 16a 
 
 classification or exception governing, must be shown on title-page 3c 
 
 explanation of missing numbers 146 
 
 none to be given circulars announcing attitude on injunction 14 g 
 
 separate for freight and passenger tariffs 36 
 
 shall be shown on title-page 36 
 
 title-page of new, must show number of canceled tariff 36 
 
 Intrastate switching or terminal road must file tariff 10n 
 
58 
 
 ELVIN S. KETCHUM 
 
 ISSUING CARRIER: 
 
 files joint tariff for all parties thereto 13d 
 
 name to be shown on title-page 3 a 
 
 Issuing officer, name, title, and address on title-page 3i 
 
 Joint agent: 
 
 authority must be filed 13b 
 
 issuance of classification 16a 
 
 issuing joint tariffs 17a 
 
 issuing under power of attorney, must show names of carriers 4 b 
 
 must file under his own I. C. C. number 13c, 16a 
 
 power of attorney to file classification .16c 
 
 Joint commodity tariff, must contain all initial carrier’s through commodity 
 
 rates via same route 4c 
 
 Joint rate : 
 
 definition p 
 
 with switching road 10b 
 
 where none, combination may be used 5a 
 
 Joint tariffs : 
 
 are made up of joint rates p 
 
 copies to all parties . 13e 
 
 issued by joint agents 17a 
 
 when such, tariff must so show on title-page 3c 
 
 Kind of tariff, title-page must show 3c, d 
 
 Legal rate: 
 
 combination, if used, must be as of date of shipment 5c 
 
 through rate, if applicable, must be as of date of shipment 10a 
 
 Letter of transmittal, form of 27 
 
 Liability, filing tariff does not relieve carrier 14b 
 
 List of tariffs: 11 
 
 Local rate, “in” not affected by “out” rate non-effective on date of shipment. .5c 
 Local tariff : 
 
 must be filed 13b 
 
 must contain all commodity rates between points named 4c 
 
 when such, must be shown on title-page 3c 
 
 Long ton, tariff must specify what constitutes 4* 
 
 Loose-leaf plan may be used 2 
 
 Loose-leaf tariff, changes only by reprint of pages 9e 
 
 Mail for Commission, time lost in transmission not counted 14 d 
 
 Maintenance of relative adjustment, under Commission’s order 14/ 
 
 Merger, tariffs to show 9i 
 
 Minimum weights must be specifically stated 4* 
 
 Miscellaneous schedules in index of tariffs 11 
 
 Misrouting : 
 
 shipper not to pay higher charge, though divisions not agreed upon 4; 
 
 intermediate line may demand full local 4; 
 
 Mixed shipments, rates for 7 a 
 
 Name: 
 
 change of, withdrawal, and adoption of tariffs 9» 
 
 of issuing carrier and officer, or agent, must be shown on title-page 3a, * 
 
CLASSIFICATIONS AND TARIFFS 
 
 59 
 
 Notice of changes : 
 
 adoption of tariffs of old, by new carrier 9; 
 
 carrier not party to Commission’s order, must secure special permission 
 
 for short notice 14/ 
 
 delay in transmission, no account taken of 14 d 
 
 expiration notice no guaranty of maintenance of rate 3/ 
 
 form of notation of special permission on title-page 3 g 
 
 index of effective tariffs, none required 11 
 
 maintenance of relative adjustment under formal order 14/ 
 
 new points on old lines, full notice required 10// 
 
 old points, elimination of, full notice required 10 b 
 
 rail -and- water rates, suspension and restoration 3//, 12 
 
 rail-and- water rates, via other than Great Lakes 12c 
 
 special permission under formal order, form of notation 14/ 
 
 statutory, required regardless of changes effected 14c 
 
 tariff may be changed, by special permission, on less than thirty days 3/ 
 
 tariff not yet effective 9 b 
 
 telegraphic, no consideration given 14d 
 
 title-page must show full notice, or short-notice authority 3 g, 14® 
 
 Off-line points, billing instructions may be shown 10b 
 
 Orders : 
 
 maintenance of relative adjustment under Commission’s 14/ 
 
 rates in compliance with Commission’s ,. 14/ 
 
 Orders of courts, circular announcing attitude 14# 
 
 Original concurrences, etc., to be filed with Commission 18-25 
 
 “Out” rate, not effective on date of shipment, no effect on local “in” rate 5c 
 
 Ownership of road, change of, withdrawal and adoption of tariffs 9f 
 
 Pamphlet-form tariffs : 
 
 contents of 4 
 
 tariffs may be in 2 
 
 Participating carriers: 
 
 name, form, and number must be shown ,4b, 17c 
 
 supplements must show or refer to tariff ..9b 
 
 Party, carrier not, under Commission’s order must secure special permission 
 
 for short notice 14/ 
 
 Periodical tariff, supplements to 9/ 
 
 Per ton, must be explained in tariff 4 i 
 
 Planograph process may be used for printing tariffs 1 
 
 Points : 
 
 alphabetically arranged, no index required 4 d 
 
 geographical or territorial descriptions of 4 d 
 
 if not more than 12, may be shown on title-page 4 d 
 
 must be briefly shown on title-page 3d 
 
 new, on old lines, rates to or from on statutory notice 10b 
 
 old, withdrawal of rates to or from, on statutory notice 10b 
 
 Postage, must be prepaid on tariffs 14d 
 
 Posting tariffs: 
 
 duty of, not avoided by granting concurrence or authority to issue 26e 
 
 regulations must be posted where schedule posted 4b 
 
60 
 
 ELVIN S. KETCHUM 
 
 Power OF attorney: 
 
 adoption by new carrier 9; 
 
 authority of agent under 8b, 13o 
 
 form and number must be shown 4b 
 
 form FX1 18 
 
 joint agent issuing under, name must be shown 4b 
 
 must be filed 13b 
 
 not to be given association or bureau . 18 
 
 parent line may give and receive concurrences thereunder, in behalf of 
 
 subsidiary line ...,26c 
 
 to joint agent to file classification . 16c 
 
 Prepay stations, tariffs may be filed showing 10b 
 
 Printing : 
 
 on hard calendered paper of good quality 1 
 
 type not less than 6-point full face 1 
 
 Printing-press process, may be used for tariffs 1 
 
 Privileges : 
 
 granted, must be shown in initial carrier’s tariffs 10a 
 
 must be filed in separate tariffs 10a 
 
 Proof sheets, not to be used for posting or filing 1 
 
 Proportional rate, “in” not affected by non-effective “out” rate on date of 
 
 shipment , ..5c 
 
 Proportionate tariff : 
 
 must be specific 5b 
 
 when such, it must be shown on title-page 3c 
 
 Rail- and- water lines, Rule 10 also applies as to storage and transit priv- 
 ileges 12 g 
 
 Rail-and- water bates : 
 
 exception to notice of supplements 3b 
 
 suspension and restoration 12 
 
 Rate tables : 
 
 arrangement must be explicit, simple, and systematic 4 i 
 
 if alphabetically arranged, no index of points 4d 
 
 Receipt : 
 
 letter of transmittal 27 
 
 of tariff, not acknowledgment of lawfulness 14b 
 
 Receiver must file notice of adoption of tariffs, etc., of carrier . 9/ 
 
 Reconsignment charges, in separate tariffs . . 10a 
 
 Reduction, relative adjustment under Commission’s formal order, must 
 
 result in 14/ 
 
 Reference marks, explanation must be given . 4c 
 
 Regulation. See Rules. 
 
 Reissue : 
 
 commission may direct at any time p 
 
 suspended rail-and-water tariff 12 
 
 Reissued items : 
 
 in supplements or tariffs 9 h 
 
 notation in tariff .9 <* 
 
CLASSIFICATIONS AND TARIFFS 
 
 61 
 
 Rejected tariffs : 
 
 not conforming to regulations p 
 
 not to be referred to in subsequent tariff as canceled 14e 
 
 received too late to give thirty days r notice 14 d 
 
 supplements, when too voluminous 9e 
 
 Relative adjustment, maintenance, under Commission’s order 14/ 
 
 Reproduction by hectograph not to be used 1 
 
 Restoration of rail-and- water rates 12 
 
 exception as to notice of supplements 3 li 
 
 Revised pages, changes in loose-leaf tariff 9e 
 
 Revocation : 
 
 agent’s authority on statutory notice 13a 
 
 of concurrences 26b 
 
 Routes : 
 
 may be shown 4/ 
 
 tariff may provide for variance from 4; 
 
 when not shown, rates apply via all lines parties 4/ 
 
 when tariff specifies, none other may be used 4/ 
 
 Rules : 
 
 affecting privileges, etc., to be filed in separate tariffs 10a 
 
 affecting rates, shall be entered, title in bold type 4 h 
 
 filed, may be referred to in other schedules and posted with 4 h 
 
 none authorizing substitution of rates 4 h 
 
 of one schedule may govern another 4 h 
 
 Sectional tariff, for alternative rates 7b 
 
 Serial numbers : 
 
 agent must file under his own 13c 
 
 concurrences 26a 
 
 may be entered on title-page 3b 
 
 separate, for freight and passenger 3 b 
 
 Sheet-form, tariffs may be in 2 
 
 Short-notice changes. See Notice of changes. 
 
 Size: 
 
 powers of attorney and concurrences 18 
 
 tariffs, 8 by 11 inches 2 
 
 Special permission. See Notice of changes. 
 
 State rates, for interstate shipments, must be filed 13/i 
 
 Stations. See Points. 
 
 Statutory notice. See Notice of changes. 
 
 Stereotype may be used for printing tariffs 1 
 
 Storage allowances and charges in separate tariffs 10a 
 
 Storage privileges, Rule 10 applies also to rail-and-water lines 12^ 
 
 Subsidiary line may give power of attorney to parent line to give and 
 
 receive concurrences 26c 
 
 Substituting rate in another tariff, no rule to authorize 4 h 
 
 Supplements : 
 
 amendment must always be printed in its entirety 9a 
 
 canceled by cancellation of tariff 8c 
 
 cancellation by issuance of similar tariff, not by 8c 
 
 cancellation Notice must be by 8 d 
 
 conflicting with part of another tariff shall state cancellations 8a 
 
62 ELVIN S. KETCHUM 
 
 index of effective tariffs need not include 11 
 
 index, when necessary 9# 
 
 items in same general order as tariff it amends 9a 
 
 loose-leaf tariffs, none to 9e 
 
 none to tariff of less than 5 pages 9e 
 
 notice of, and exception as to restoration and suspension of rail-and- 
 
 water rates 3 h 
 
 number permitted and amount they may contain 9e 
 
 numbered consecutively and specify what is canceled 9c 
 
 participating carriers to be shown.. 96 
 
 periodical tariffs 9/ 
 
 rail-and-water rates, suspension and restoration 12 
 
 reissued items without change 9 d 
 
 rejected when too voluminous 9c 
 
 restoring or suspending rail-and-water rates, not counted 12 d 
 
 shall be numbered consecutively 9c 
 
 short notice, must bear notation on title-page 3 g 
 
 tariff filed, but not yet effective 9 h 
 
 to agent’s tariff filed at same time carrier’s tariff is filed 8a 
 
 to carrier’s tariff filed at same time agent’s tariff is filed 86 
 
 to index of effective tariffs 11 
 
 Suspended rail-and-water tariffs reissued or amended 12c 
 
 exception as to notice of supplements 3 li 
 
 Switching allowances in separate tariffs 10a 
 
 Switching chabges: 
 
 absorption of 10c 
 
 connecting carrier, absorption of .10/ 
 
 in separate tariffs 10a 
 
 must be shown in connecting line’s tariff 10 d 
 
 Switching road: 
 
 though intrastate, must file tariff 10c 
 
 joint rate with 106 
 
 Table of contents in book and pamphlet form tariffs 4 a 
 
 may be omitted when title-page discloses contents 4a 
 
 must indicate pages where points are shown when alphabetically ar- 
 ranged 4d 
 
 must refer to pages on which rates in each group will be found 4d 
 
 supplements, when necessary 9 g 
 
 Tank-line gauge books may be used lOi 
 
 Tariffs : 
 
 after September 15, 1909, must conform with all rules p 
 
 agent’s and carrier’s must not conflict 13/ 
 
 Commission may direct reissue ..p 
 
 delivered to Commission free of postage 14 d 
 
 filed prior to May 1, 1907, recognized p 
 
 filed prior to May 1, 1907, may not be supplemented after October 1, 1909, 
 
 except as provided in Rule 9e n 9c 
 
 kind must be shown on title-page 3c 
 
 loose-leaf .*■■■» 2 
 
 periodical 9/ 
 
 sectional, for alternative use 76 
 
CLASSIFICATIONS AND TARIFFS 
 
 63 
 
 size of 2 
 
 subject to rejection p 
 
 table of contents 4 a 
 
 thirty days’ notice on every one 3/, 14c 
 
 two copies must be filed 14i 
 
 what they shall contain 4 
 
 when reference is made to another, I. C. C. number and initials of 
 
 carrier or name of agent must be shown 4 h 
 
 Telegraphic notice, no consideration given to 14 d 
 
 Terminal charges : 
 
 absorption of 10c 
 
 separate tariffs to be filed 10a 
 
 must be shown in connecting line’s tariff. . . * lOd 
 
 Terminal road : 
 
 joint rate with 10b 
 
 must file tariffs, though intrastate 10c 
 
 Terms, such as “common points,” “grain products,” or similar terms, limiting 
 
 use of 6 
 
 Territorial descriptions may be used 4d 
 
 Territory from and to which tariff applies must be shown on title-page 3d 
 
 Through rate: 
 
 if applicable, as of date of shipment 10a 
 
 state rates used in combination must be filed 13b 
 
 Title of issuing officer must be shown on title-page 3* 
 
 Title-page : 
 
 commodities may be shown, if not more than 10 4c 
 
 index to effective tariffs, what must be shown 11 
 
 notation of restoration or suspension of rail-and- water rates to be shown. . .12a 
 
 points may be shown, if not more than 12 4d 
 
 statutory notice or authority for less must be shown 3p, 14a 
 
 supplement to index of effective tariffs 11 
 
 what must be shown a 3 
 
 Ton, tariffs must specify what constitutes 4* 
 
 Traffic, territorial description may be used 4d 
 
 Transit privileges, Rule 10 applies to rail-and- water lines also 12 g 
 
 to be filed in separate tariffs 10a 
 
 Transmittal letter, form to be used .27 
 
 Two copies of tariffs must be filed 14t 
 
 Type, not less than 6-point full face for tariffs 1 
 
 Typewritten sheets, not to be used for tariffs 1 
 
 Uniformity, aim and tendency at all times in direction of n 4* 
 
 Unit : 
 
 combination rate as of date of original shipment 5c 
 
 of weight, in rate tables 4* 
 
 through rate as of date of shipment. 10a 
 
 Water rates, suspension and restoration a 12 
 
 Withdrawal of tariffs on absorption of road 9» 
 
 Writing, alterations in tariffs must not be made by 1 
 
 v