The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-15
DEMURRAGE RULES
MUST Be ENFORCED
Special Contracts Not Pub.
lished in Tariffs Are H.
legal and Void.

DcmuiDago is ono OF the most per-
picking and irritating matters connected
with railroadlng Cars cannot be left
on a side track indefinitely for tho ship
per TO use as a private warehouse, yet
! the conditions vary so over the coun-
try and during the year. and even in the
same city, such as in Salt Lake, that
IL seems almost impossible to make a
set Of rules that will solve the irnumer-
able problems that are constantly COM
| Ing up,
| The interstate commerce commission
says very positively that refundng or
waving of charges on cars retained too
| long must not rest on the decision Of
any one person, yet II also says tina I
" the weather prevents the unloading OF
car on time that the dcmurrage may
be refunded or not collected. as the case
may be. Bur who is TO decide about the
weather?
assessed against a shipper or consienec
II the railroad is at fault and does not
do proper switching on the. other hand.
no railroad can legally make any pri-
vate switching or other contracts with
any shipper or ConSlsnee, and on this
point the interstate commerce commits
sion seems somewhat in earnest
IL insists that all such arrangements
must be made open and public and pub
lished in the public tariffs. Otherwise
IL is presumed that certain officials may
even Imprisonment. including all. no mat
ter what their rank, whether in railroad
or shippers employ. who knowingly take
part In such a private arrangement or
deliberately allow the details of IL to
pass through their hands without doing
anything to stop II or 10 report II to
the proper authorities. presumably the
Interstate commerce commission Itself
just as in the case Of any other crime
against the federal government. like
counterfeiting or smuggling. for instance
k,. ,tg-t,, 0 I,.ff ,t1lA
nerce commission, unless reversed by
competent court. have practically the
effect of actual laws. Because OF the i'm
portance OF the subject. not only rail-
roads and shippers, but to the employees
of railroads and shippers who knowing
ly take part in any private or unpub-
lished contract; arrangement or under
Conference Rulings OF the commission.
dated December IS. 1909. and still In ef-
feet. may any time be of vital inter
est especially TO n shipping or weighing
clerk. as in the sugar trust case.
221. Refunds and commissions: The
act prohibits a carrier from demanding
collecting or receiving a greater or less
or different compensation for transporta-
ton than that named in its tariffs in
effect at the time, 1t prohibits the re-
manner or by any device whatsoever.
any. any part Of the lawful charges so col
ment The act requires that carriers shall
publish, post and ale all terminal
charges which in any wise change sffnc, &c,
service rendered to the passenger ship
per or consignee: and all such charges
become q part OF the rates. fares and
charges" which the carriers are required
to demand, collect and retain Such ter
mlnal charges include demurrage
charges.
On March ls. 1908. the commission de-
applicable TO interstate shipments are
governed by the act to regulate COM
, merce, and therefore are within its jur-
Of %@ state state m authorities. ANY N.Y. other cS''SiU,i view
would open a wide door for the use Of
rules and charges 10 effect the discrimi-
nations which the act prohibits.
Demurrage rules and charges must be
observed as strictly as transportation
rules and charges, The commission can
not therefore. recognize as lawful any
tlon of which Is dependent upon the judg-
ment or discretion OF some person. or
which provides for exemption therefrom
in certain exigencies In the creation of
which the carrier has no part. Inter
state tariffs containing such rules must
be corrected or Cancelled.
22o Special reparation on informal
any refund from its published tarifr
charges save with specific authority OF
the commission in accordance with the
or formal reparation order has been made
by the commission. the principle upon
which ii Is based shall be extended to
all like shipments, but no refund shall
be made upon such like shipments ex-
cept upon authority, from the commits
sion therefor.
II is the duty OF delivering carrier to
collect. and Of the consignee to pay, de-
murrage charges as per lawful tariffs
Demurrage charges accruing because of
error OF carrier are considered In the
same light as arc other additional trans
portation charges caused By carriers err
ror. and, If adjusted, the full expense
therefore must be borne by the Carrier
whose agent Is responsible for the error
In connection with the Immediately pre-
ceding sentence In the ruling: attention
Is called to rule No. 221. "any device
whatever" and 10 the fact that any
one taking part in "any device" like
a private contract. understanding or
other illegal arrangement, that is not
published and opeu to public inspection
is subject to criminal prosecution by
the Interstate commerce commission un-
less he promptly reports them 10 the
commission on discovery or Well ground
ed suspicion.