SECTION SIX OF THE ACT TO REGULATE COMMERCE. Section 6 of the act is as follows: That every common carrier subject to the provisions of this act shall print and keep open to public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any such common carrier has established, and which are in force at the time upon its route. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately the terminal charges and any rules or regulations which in anywise change, affect, or determine any part of the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type, and copies for the use of the public shall be posted in two public and conspicuous places in every depot, station, or office of such carrier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public and can be conveniently inspected. Any common carrier subject to the provisions of this act receiving freight in the United States to be carried through a foreign country to any place in the United States, shall also, in like manner, print and keep open to public inspection, at every depot or office where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States, the through rate on which shall not have been made public, as required by this act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production; and any law in conflict with this section is hereby repealed. No advance shall be made in the rates, fares, and charges which have been established and published, as aforesaid, by any common carrier, in compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the increased rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. Reductions in such published rates, fares or charges shall only be made after three days' previous public notice, to be given in the same manner that notice of an advance in rates must be given. And when any such common carrier shall have established and published its rates, fares, and charges in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection there with than is specified in such published schedule of rates, fares, and charges as may at the time be in force. Every common carrier subject to the provisions of this act shall file with the Commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the requirements of this section, and shall promptly notify said Commission of all changes made in the same. Every such common carrier shall also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this act to which it may be a party. And in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said Commission. Such joint rates, fares, and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers when directed by said Commission, in so far as may, in the judgment of the Commission, be deemed practicable; and said Commission shall from time to time prescribe the measure of publicity which shall be given to such rates, fares, and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published. No advance shall be made in joint rates, fares, and charges, shown upon joint tariffs, except after ten days' notice to the Commission, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect. No reduction shall be made in joint rates, fares, and charges, except after three days' notice, to be given to the Commission as is above provided in the case of an advance of joint rates. The Commission may make public proposed advances, or such reductions, in such manner as may, in its judgment, be deemed practicable, and may prescribe from time to time the measure of publicity which common carriers shall give to advances or reductions in joint tariffs. It shall be unlawful for any common carrier, party to any joint tariff, to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of persons or property, or for any services in connection therewith, between any points as to which a joint rate, fare, or charge is named thereon, than is specified in the schedule filed with the Commission in force at the time. The Commission may determine and prescribe the form in which the schedules required by this section to be kept open to public inspection shall be prepared and arranged, and may change the form from time to time as shall be found expedient. If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of rates, fares, and charges as provided in this section or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subject to a writ of mandamus, to be issued by any circuit court of the United States in the judicial district wherein the principal office of said common carrier is situated, or wherein such offense may be committed, and if such common carrier be a foreign corporation in the judicial circuit wherein such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section; and such writ shall issue in the name of the people of the United States, at the relation of the Commissioners appointed under the provisions of this act; and the failure to comply with its requirements shall be punishable as and for a contempt; and the said Commissioners, as complainants, may also apply in any such circuit court of the United States for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property among the several States and Territories of the United States or between the United States and adjacent foreign countries, or between ports of transshipment and of entry and the several States and Territories of the United States, as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section of this act. RULE RESPECTING THE FILING OF TARIFFS BY ASSOCIATIONS, COMMITTEES, ETC. J. N. FAITHORN, Esq., INTERSTATE COMMERCE COMMISSION, Chairman, W. and N. W. Freight Bureau, Chicago, Ill.: DEAR SIR: In the case of schedules of passenger rates, and of joint tariffs of freight charges, and of classifications, circulars, and other matter issued by a freight bureau, association, or other traffic combination, consisting of several carriers, or issued by a committee representing a group of roads, the Interstate Commerce Commission desires a written statement from each corporation to the effect that it is a member of the association in question, and that schedules, tariffs, and classifications, circulars, and other printed matter issued by the committee, or its chairman, or other authorized official, and filed with the Commission are to be treated as if filed by such corporation itself. In case there is a written agreement under which the association works, a copy thereof should also be filed. Upon receipt of the foregoing as evidence of the authority of the bureau, association, or committee, schedules, tariffs, and other documents issued by it will be received by the Interstate Commerce Commission, and credited to each road in the organization, as if filed by such road respectively; and in such case it will not be necessary for each carrier to file such publication individually. A letter of transmittal stating contents should accompany each enclosure. Very respectfully, For the Commission. EDW. A. MOSELEY, Secretary. RULES FOR FILING JOINT PASSENGER RATES COMPILED UNDER AGREEMENTS OF COMMITTEES AND ASSOCIATIONS. : INTERSTATE COMMERCE COMMISSION, DEAR SIR: At present there is no uniform method on the part of the railroads for filing with the Commission joint passenger rates which are compiled under agreement of committees or associations. In this connection the Commission ruled on June 15th last, as follows: "In the case of schedules of passenger rates issued by a committee representing a group of roads the Commission desires a written statement from each corporation to the effect that it is a member of the association which the committee represents, and that tariff schedules filed by the committee are to be treated as if filed by such corporation. In case there is a written agreement under which the association works a copy thereof should also be filed. Upon receipt of the foregoing as evidence of the authority of the committee, schedules of the tariffs and documents issued relating to changes in passenger rates, etc., will be received by the Commission and credited to each road in the association as if filed by such road, respectively. A letter of transmittal stating contents should accompany each inclosure." To further perfect the plan which it was hoped the foregoing ruling would establish you are now requested to comply with the following: First. To advise this office of the names of the committees or associations of which your company is a member, and also of the names of the commissioners or compilers to whom authority and instructions have been given to file tariffs, etc., with the In terstate Commerce Commission for your company, and the names and character of the tariffs so covered. Second. To instruct the commissioner or compiler for such committee or association to file with this office one copy of the contract, agreement, or arrangement under which action is taken for the establishment of joint passenger rates. Third. To instruct the commissioner or compiler of such committees or associations to file with this office all schedules of passenger rates which may be issued by him for your company separately or jointly with other roads. Under a compliance with this arrangement it will not be necessary for each company to file such tariffs as are filed by the commissioners or compilers. Credit for such filing will be given to each road from which advice has been re、 ceived of the authority given representatives of committees or associations. Very truly yours, For the Commission. DELAY IN FILING TARIFFS. C. C. MCCAIN, Auditor. INTERSTATE COMMERCE COMMISSION, DEAR SIR: It appears from the dates given on tariffs received at this office for filing, that many of the companies allow their tariffs to accumulate before forwarding them here. Under such arrangements it frequently occurs that the Commission does not receive advice of a change in rates until weeks after the tariffs are in effect. In this connection your attention is called to section 6 of the "Act to Regulate Commerce," and particularly to the following extract from that section: "Every common carrier subject to the provisions of this act shall file with the Commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the require ments of this section, and shall promptly notify said Commission of all changes made in the same." Very truly yours, C. C. MCCAIN, Auditor. INSTRUCTIONS TO CARRIERS LOCATED WHOLLY WITHIN ONE STATE OR TERRITORY, AS TO THE FILING OF TARIFFS RELATING TO INTERSTATE TRAFFIC. [Circular No. 6.] INTERSTATE COMMERCE COMMISSION, AUDITOR'S OFFICE, Washington, February 13, 1888. Roads located wholly in one State or Territory, which interchange freight or passenger traffic with connections to or from points outside of such State or Territory on through tickets or bills of lading, should file tariffs covering such traffic with the Commission. If such through rates are made by the addition of local rates to the rates of connecting roads, such local tariffs should be filed with the Commission, together with a statement that through interstate rates are made by adding such local rates to the rates of the carrier (naming it) with which connection is made. If joint rates are made on any basis other than by the addition of the local rates to the through rates of connecting carriers, tariffs showing such rates should be filed with the Commission covering all interstate business transacted thereunder. For the Commission: C. C. MCCAIN, Auditor. ORDER OF THE COMMISSION REGARDING THE PUBLICATION OF JOINT TARIFFS ON EXPORT TRAffic, under DATE OF MARCH 8TH, 1888. At a meeting of the Interstate Commerce Commission held in the city of Washington on the 8th day of March, 1888. Present: All the Commissioners. The subject of the publication of joint tariffs being under consideration, the following preamble and order were unanimously adopted, and directed to be sent to all common carriers subject to the act to regulate commerce: Whereas section 6 of the act to regulate commerce authorizes the Commission to direct when joint tariffs shall be made public, and to prescribe the measure of publicity to be given to the same: It is ordered as follows: Every tariff of rates and charges which a common carrier subject to the provisions of the act to regulate commerce, by itself or jointly with one or more other carriers, whether such carriers are or are not subject to such act, shall establish for the transportation of grain, flour, meal, meats, provisions, lard, tallow, canned goods, cotton, tobacco, live stock, or other articles of customary export, from any point within the United States to a seaport thereof, or to any point in or on the boundary of an adjacent country, or to any foreign port or place, is required to be filed with the Commission and shall be made public. In all cases where a tariff is established for such merchandise billed or intended for export by sea, and ocean rates are not specified, either because of their fluctuation or for any other reason, so that only the charge for inland transportation is definitely fixed, the tariff as filed and made public shall show the rate charged by the inland carrier or carriers to the point of export, including all terminal charges or expenses, and shall also show in what manner the through rate to the point of ultimate destination is to be determined, whether by the addition of the ocean rate from time to time prevailing, or how otherwise. When the rate is a gross sum for the transportation of freight from a point within the United States to a port or place in a foreign country, the tariff as filed and made public shall in every case show what part of the whole is allowed to the carrier or carriers for inland transportation to the point of export by sea, including all ternimal expenses or charges; and if such part is subject to be increased or diminished, contingently or otherwise, or if in any other case the charge for inland transportation is subject to any change or modification in case the property carried is exported, the fact, and the manner in which the increase, diminution, or change is to be determined, and the extent thereof, shall be stated. Every such tariff of rates and charges shall be published by plainly printing the same in large type of at least the size of ordinary pica, and copies thereof shall be kept for the use of the public in such places and in such form that they can be conveniently inspected, at every depot or station of any carrier making or issuing the same at which any traffic to which it relates is received or delivered. This order shall become operative on March 20, 1888. A true copy: S. Mis. 31-17 EDW. A. MOSELEY, Secretary. PUBLICATION OF JOINT TARIFFS-EXPORT AND IMPORT TARIFFS-AND OTHER RULES CONTAINED IN THE 6TH SECTION OF THE ACT AS AMENDED MARCH 2D, 1889. [Circular-Superseding that of March 7, 1889.] INTERSTATE COMMERCE COMMISSION, The attention of carriers is called to the act of Congress approved March 2, 1889, entitled "An act to amend 'An act to regulate commerce."" The Interstate Commerce Commission has caused the interstate commerce law as thus amended to be printed for general distribution, and will furnish copies on application by mail or otherwise. Section six of the act as it now stands contains the following provisions in respect to joint tariffs: "No advance shall be made in joint rates, fares, and charges shown upon joint tariffs, except after ten days' notice to the Commission, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect. No reduction shall be made in joint rates, fares and charges, except after three days' notice, to be given to the Commission as is above provided in the case of an advance of joint rates. The Commission may make public such proposed advances, or such reductions in such manner as may, in its judgment, be deemed practicable, and may prescribe from time to time the measure of publicity which common carriers shall give to advances or reductions in joint tariffs." It will be observed that an advance in rates shown upon joint tariffs is forbidden "except after ten days' notice to the Commission," and a reduction in such rates is also forbidden "except after three days' notice to be given to the Commission." The time in each case is to be computed from the day when the notice of advance or reduction reaches the office of the Commission in Washington. All joint tariffs now filed in the office of the Commission will be understood as remaining in force until due notice of any change is given. When no other tariff is filed the rates on traffic carried over or upon more than one line will be the sum of the local rates of the individual roads, or of local and joint rates, as the case may be. The Commission has made order that "All advances and reductions in joint rates, fares and charges shown upon joint tariff established by common carriers subject to the provisions of the act to regulate commerce shall be made public. "Every such advance or reduction shall be so published by plainly printing the same in large type, two copies of which shall be posted for the use of the public in two public and conspicuous places in every depot, station or office of such carrier where passengers or freight, respectively, are received for transportation under such schedules, in such form that they shall be accessible to the public and can be conveniently inspected. Such schedules shall be so posted ten days prior to the taking effect of any such advance, and three days prior to the taking effect of any such reduction in joint rates, fares, and charges." The amendment to the act further provides as follows: "It shall be unlawful for any common carrier, party to any joint tariff, to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of persons or property, or for any services in connection therewith, between any points as to which a joint rate, fare, or charge is named thereon, than is specified in the schedule filed with the Commission in force at the time." It is therefore now a criminal offense for any carrier, party to a joint tariff, to participate in the reception of compensation above or below the established rate. Another provision of the act as amended requires the Commission to execute and enforce the provision of the act, and makes it the duty of any district attorney of the United States, upon the request of the Commission, to institute and prosecute all necessary proceedings for that purpose. The rule heretofore existing, which requires ten days' public notice of any advance in the rates established by individual carriers, is enlarged by adding the following provision: "Reductions in such published rates, fares, or charges shall only be made after three days' previous public notice, to be given in the same manner that notice of an advance in rates must be given." It will be seen that joint tariffs and individual tariffs are now under substantially the same rules. Neither can be reduced without three days' public notice, or advanced without ten days' public notice; and the Commission must also be notified of all contemplated changes; individual and joint tariffs alike must be observed in their integrity. In reference to the application of these provisions of the law to export traffic, the Commission understands that tariffs now on file in its office, established by carriers accepting merchandise billed or intended for export by sea, are made in compliance |