Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-02-16

commerce commission has announced
the following informal rulings, made
in conference:
Certain fares of a carrier had been
published in a joint agents tariff and
also in it's own tariff. The carrier is
sued q new tariff canceling the fares
In its own tariff but without securing
their cancellation In the joint agents
tariff. The new tariff was unlawful
because in conflict with the uncanceled
tariff of the joint agent.
Under a special act of congress the
commission prescribed certain regula-
tons governing the transportation
OF explosives. Such regulations can not
be changed except by act of congress
or by this commission. IT is there
fore not considered necessary for each
carrier to file with the commission a
copy OF such regulations as tariff
issue, but it Is considered necessary
that each tariff which contains rates
for the transportation OF explosives
shall also contain notice that such
rates are applicable in connection and
in compliance with the regulations
fixed by the interstate commerce COM
mission.
Payment TOR Grain Oooro.
Rule rs of Bulletin No. 2 of the con-
ference rulings of the commission is
as follows:
"7S Grain Doors.--A carrier may
not lawfully reimburse shippers for
the expense incurred in attaching
grain doors to boxcars unless express
ly so provided in it's tariff"
There Is material difference be-
tween the furnishing Of service or ia
cilities to carriers by one who Is not
q shipper and the furnishing Of the
same facilities or services by one who
is shipper.
The commission now decides that It's
ruling above quoted and the require
merits of the law Hereunder will, for
the present at least, be satisfied II the
carriers that propose to pay shippers
for grain doors furnished by such
shippers, provide in their tariffs that
where grain doors are necessary and
are furnished by the shipper the car
rler will pay the actual cost Of such
doors, with stated maximum allow
ances per grain door and per car
Such maximum allowances per door,
and per car, must be reasonable. and
where carrier pays for such doors on
the basis Of actual cost certified state
ment from shipper. verified. as to the
number OF doors furnished and the
cars for which furnished, by carriers
agent. should in every instance be re-
quired.
Deportation Of Chinese.
Special fares cannot lawfully be &C
corded by carriers for the transport
tation of Chinese to the ports for de-
portation even tho the expense Is paid
by the government.
The hours Of service law does not
apply to employese on ferry even
tho the ferry be owned by railroad
company. This ruling does not apply
to carferrief.
A carrier gave free transportation to
an employe and his household enects
to point where he was TO De EN-
ployed, and later dismissed him. lhe
commission can not require the car
rier to return the household effects Tree
Of charge to the poirit from which they
were first moved.
A shipper il, 1895 paid 5000 to car
rier as part Of the cost of constructing
a spur track to It's warehouse. Upon
application of the carrier for permls-
sion to repay the amount to the snip
ner. 1t is held, that the repayment
would be unlawful unless the shipper
had some equity or ownership IN the
track which he could transfer to the
carrier in consideration OF the pay
ment.
Chance Of Rate Pending Shipment.
A shinrnent of linoleum left Hamburg
on July 4, at which time there was IN
effect a published thru rate to San
Francisco via New Orleans OF $l.lV-
When the shipment reached New Or
leans the thru rate had been Cancelled
leaving in effect local rate from New
orleans to San Francisco OF 80 cents.
T7non application for permission to re-
ennd down to the $1.10 thru rate, 1T
was held that the application must be
denied.
Tariffs may lawfully provide for Tree
transportation of caretakers OF pees III
hives.
II appears that In some instances
carriers are willing to reconslsn re-
fused shipments to points beyono Tie
first destination and to apply the Jar
iff rate from point Of origin to maj
destination. even tho It be lower than
the rate to first destination, but tnev
IN not feel at liberty to do so In we"
of nara graph 2 of rule Is, Tariff Clrcu-
lar ia. 1t is optional with the car
rier whether or not it will grant recon
SIGNING privilege. If granted, the con-
aitions governing it must be in taf1lI'
and If charges for back haul or OUT
of line haul are to be assessed, fule
must so state.
Redemption Of Unused Tickets.
Because of illness or other cornpei'-
ing reason a passenger sometlhes
ahandons a. trip short of destination ~
which fare has been paid, or returns
from a. point short of that to winch ne
hos purchased q round trip ticket. oI
tho question of the right OF the car
r,er TO refund fare in such case the
commission decides that when the pas
seneer has paid more than lawful TAR
! i'm fares for the journey actually maze
the carrier may lawfully redeem un-
usad ticket and make refund on the
,,osis of lawful tariff fare for the serv-
ice actually rendered, when lnvestlga-
tilon develops clear identity between
purchaser of ticket and the one -
whom refund is made.
In answer to inquiries the commfs-
sion expresses the opinion that under
the law a. carrier, or person or cor
noration operating a railroad or othel
| trsnsnortation line, can not. as shlp-
ner over the lines of another carrier
he given any preference in the apph-
| 49,. of tariff rates on interstate ship