The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-05-07
Clothed With Authority This Important Body Has Had
to Proceed Without Guidance in the lnterpre.
tation Of the Rate Law
the storage charges might lawfully be
refunded.
Use of Pullmnns us Stopoycr.


Use of Pullmnns MS Stopovcr.
a carrier desiring to make excursion
rates to point where a convention is
to be held wishes to accord to mem
bers of certain clubs the privilege of
occupying the sleeping cars while the
convention is in session; held: That
the carrier may lawfully arrange an
excursion rate to such point and re-
turn, the rate to include sleeping car
accommodations to and from that point
with the privilege of occupying the
but that the commission does not I'M
lerstand that the carrier may limit
the privileges to the members of any.
particular club
Transit Privilege After Expiration Of
Limit.
consignor of sheep, which were
being grazed in transit. was unable,
because of a severe snow-storm, to get
the sheep to the station before the
grazing privilege expired, according to
the published time limit. Upon inquiry
of the carrier 1t was held that it can
not lawfully take the sheep forward on
the rates which would have been APP
Dlicahle under the tariff had the sheep
been shipped within the time limit.
Rate Eastbound Can't BE Applied Vest
bound
A mixed carload of meat eastbound
was diverted at the Ohio River on ac-
count of a flood, and by order of the
shipper. was taken by roundabout
route to a point east Of it's destination
and thence hauled weStbound to des-
tination. The mixed carload rate APP
piled on eastbound shipments, but the
tariffs provided no mixed carload rate
on westbound shipments. Held: That
such interruption of the eastbound
movement would not justify the appli-
kcat!on of mixed carload rate on the
westbound movement TO destination.
| Dennrrage on Interstate Ship ncnts.
Questions Of demurrage and car ser-
vice on Interstate shipments are within
the jurisdiction of the Interstate Com
merce Commission. which does not con-
cur In the view that such matters, even
when pertaining to intrastate ships
ments. are within the control of State
commissions.
Cannot onset Claim Against Carrier.
| A shipper having a money demand
against IN Interstate carrier sought to
freight dill which he owed the carrier
upon shipment of merchandise. May
this lawfully be done? Held: That tho
two transactions have no relation one
/ 10 lIe olilcI, uliu WHY SuCIl IL lcuNC-
| ton from the lawful charges on the
Eshpment could not be made.
Rcpnratiun Orders Extend to All Like
Cases.
| No carrier may pay any refund from
Hts published tariff charges save with
tho specific authority of the commits
| sion. When an informal or formal
I reparation order has been made by
the commission the principle upon
| which 1t Is based extends to all like
4 shipments but no refunds may he
| made BY the carrier upon such like
| shipments except upon specific author
.iity from the commission therefor.
/ Eject nf Not Cnncclllng Old Rate.
The published tariffs Of an inter
state carrier named rate of 20 cents
ION a given commodity between spec
|ifed points, On October |, 1907. under
i a proper power of attorney, Joint
mgent Of ali carriers serving those
4 two points published u rate of %
4 cents, He failed to cancel the 30-cent
rate and 1t was not formally cnn-
celed by tho carrier that publishel
HIT until january IA, 1908. Held. That
because Of the failure of the joint
ngent and of the carrier that pub
iished ii toMcancel that rate u, the
manner required by section 9 of the
lacl, and rule of tariff circular Y -n,
tho e0-cent rate remained the lawful