CHAPTER XXXII. SCHEDULES OF RATES. § 1011. Provisions of the statute. 1012. Amendments of 1906. TOPIC A PUBLICATION OF SCHEDULE. § 1013. What rates must be published. 1014. Terminal and refrigerating charges. 1015. Rules and regulations. 1016. Printing and keeping open to public inspection. 1017. Posting in station. TOPIC B-VARIATION FROM SCHEDULE. § 1018. Any variation forbidden. 1019. Devices to avoid the section. 1020. Rate wars. TOPIC C-FILING OF SCHEDULES AND AGREEMENTS. § 1021. Purpose of the filing. 1022. Presumption of legality. TOPIC DJOINT TARIFFS AND SCHEDULES. § 1023. Meaning of joint tariff. 1024. Making and filing. 1025. Whether routes must be published. 1026. Export rates. TOPIC E-FORM OF SCHEDULES. § 1027. Clearness of statement. 1028. Necessary fullness of statement. TOPIC FENFORCEMENT OF THE SECTION. § 1029. Invalidity of the varied rate. § 1011. Provisions of the statute. Filing and posting schedules of rates, individual and joint.Every common carrier subject to the provisions of this Act shall file with the Commission created by this Act and print and keep open to public inspection 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 separately established rates, fares and charges applied to the 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 classification 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 privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the service rendered to the passenger, 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 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. The provisions of this section shall apply to all traffic, transportation, and facilities defined in this Act. 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. Changes in rates.-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 this section, except after thirty days' notice to the Commission 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 changed 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 schedues in force at the time and kept open to public inspection: Provided, That the Commission may, in its discretion and for good cause shown, allow changes upon less than the notice herein specified, or modify the requirements of this 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. Route specified: consent of connecting carriers.-The names of the several carriers which are parties to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the Commission 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 also file copies of the tariffs in which they are named as parties. Filing copies of contracts, &c.-Every common carrier subject to this 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 this Act to which it may be a party. Form of schedules.-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. Carrier must not carry unless rates filed.-No carrier, unless otherwise provided by this Act, shall engage or participate in the transportation of passengers or property, as defined in this Act, unless the rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this Act; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs; Provided, That whenever the word "carrier occurs in this Act it shall be held to mean common carrier." [Interstate Commerce Act, section 6, as amended by Act of June 29, 1906, section 2.] 1012. Amendments of 1906, In the Act of 1906 section 6 of the original act has been recast, so as to make it simpler and more concise. Thus instead of separate clauses for joint tariff's and for filing the schedules with the Commission, the new section applies in each part to both individual and joint rates, and commands in the same clause both the publication and the filing of the tariff. The principal additions in the new act are these: 1. If there is a through route, but no joint rate has been established, the separate rates over the whole route must be published. 2. Special charges and all privileges and facilities granted must be published. This was required previously by decision of the Commission, and is now expressly stated in the act. 3. The schedule is not only to be posted in stations but to be kept posted in two public and conspicuous places in every station. 4. No change in rate shall be made without thirty days' notice to the Commission and the public. Under the original act there must be ten days' notice of an increase in rate and three days' notice of a decrease. Under the new act, however, the Commission may permit the period to be shortened, or modify any of the provisions for publishing, posting and filing. 5. The through route must be specified in the schedule and the consent of the connecting carriers obtained. This was ordered under the original act by the Commission, but the Supreme Court refused to require it. Ante, § 883. 6. Not only is variation from the published rates forbidden but the carrier is forbidden to carry goods or passengers until the rates are filed and published. This provision is especially important on account of the extent of the provisions of the act over pipe lines, express companies and sleeping-car companies. TOPIC A -PUBLICATION OF SCHEDULE. § 1013. What rates must be published. All rates must be published, both for passengers and freight, and such as are offered under all circumstances; if for instance first class and second class rates are given for passengers both must be published, and so for freight carried in one way or another. Thus where passenger excursion rates are offered they must be published. Pittsburgh, C. & S. L. Ry. v. Baltimore & O. R. R., 2 Int. Com. Rep. 729, 3 I. C. C. 465 (1890). So the rates must be given as well on freight which is, as on that which is not, for export. New Orleans Cotton Exch. v. Louisville, N. O. & T. Ry., 3 Int. Com. Rep. 523 (1890). § 1014. Terminal and refrigerating charges. The rate which carriers are required by the Act to Regulate Commerce, § 6, to publish, file, and adhere to without deviation, cover not merely the |