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,
Washington, March 23, 1889.

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

with its order of the date of March 8, 1888, and whether they be individual or joint tariffs the requirement of notice of any change therein is the same as in the case of other tariffs. Imported traffic transported to any place in the United States from a port of entry or place of reception, whether in this country or in an adjacent foreign country, is required to be taken on the inland tariff governing other freights. By order of the Commission. EDW. A. MOSELEY,

Secretary.

ORDER OF THE COMMISSION OF MAY 1ST, 1889, RELATIVE TO THE ANNOUNCEMENT OF CHANGES IN RATES BY TELEGRAPH.

At a general session of the Interstate Commerce Commission, held at its office in Washington, D. C., on the 1st day of May, A. D. 1890:

Present: Hon. William R. Morrison, Hon. Augustus Schoonmaker, Hon. Walter L. Bragg, Hon. Wheelock G. Veazey, commissioners.

The following order was adopted by the Interstate Commerce Commission : Whereas, the act to regulate commerce, amongst other things, provides that "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," and also authorizes and requires the Commission to execute and enforce the provisions of that statute:

And, whereas, some of the carriers subject to the provisions of that statute, recently, in giving notice to the Commission by telegraph of proposed advances or reductions in joint rates, fares, and charges, sometimes fail to give such notice for the requisite time required by the statute, and in some instances fail to forward to the Commission the printed tariffs evidencing the changes of which notice has been so given by telegram, and sometimes give such brief and indefinite statements in their telegrams relating to the proposed changes by reference to tariffs made by other railroad lines as to be unintelligible, and in other instances fail to state the points at, from, or between which such proposed changes are to be effective;

And, whereas, it is distinctly provided by the sixth section of said statute that it shall be unlawful under the penalties provided by said statute for any carrier subject to its provisions to make any advance in joint rates, fares, or charges, shown upon joint tariffs, except in the manner provided by said statute, namely, in case of an advance of rates that there must be "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 increase of rates, fares, or charges will go into effect," and further that "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 case of an advance of joint rates;"

Now, therefore, pursuant to said provisions of said statute, the Interstate Commerce Commission hereby orders and gives notice to every carrier subject to the provisions of said statute

First. That hereafter no notices of advances or reductions by telegraph containing any of the defects or omissions above specified will be recognized or accepted by the Commission as a compliance with the law. Every telegram sent to the Commission by any of said carriers announcing a proposed advance or reduction, as the case may be, must be given to the Commission for the full time in each instance provided by the statute, and must plainly state the changes proposed to be made in any such joint rates, fares, or charges appearing upon any of their printed tariffs in force, and the date when such changes are proposed to be put into effect, the name of the company or line making them, the official designation of the officer sending the telegram, and the telegram in every instance must be immediately followed by a copy of the printed tariff setting forth the changes proposed to be made, forwarded by mail to the auditor of the Interstate Commerce Commission, Washington, D, C., to which printed tariff so sent must be attached a copy of said telegram announcing the changes proposed to be made and set forth in said tariff for the purpose of identifying the same.

Second. It is further ordered by the Commission, pursuant to the provisions of the statute as aforesaid, that any of said carriers giving notice to the Commission by telegraph or otherwise of any proposed advances or reductions in joint rates, fares, and charges shown upon joint tariffs in force, shall, at the same time, post, for the information of the public, at each station upon its line at which such charges are proposed to be made, in two public and conspicuous places, a brief statement plainly setting forth all changes it proposes to make by advance or reduction in joint rates, fares, and charges as shown upon joint tariffs then in force mentioned in its telegram

to the Commission, and the day when the same will go into effect and from and to what points on the line covered by said joint tariffs then in force it is proposed that such advances or reductions shall go into effect, which statement shall bear date the day that it is posted and be signed by the general freight agent or traffic manager or general passenger agent, as the case may be, of every company on whose road said stations are situated, and on the day when said joint tariff as so changed shall go into effect it shall be the duty of the carrier to post two copies of such joint tariff as changed by such advance or reduction in a public and conspicuous place at its depot at each station at which such changes are made as aforesaid, and keep the same so posted, as aforesaid, for public information.

Third. It is further ordered by the Commission, pursuant to the provisions of said statute and the occasional evils resulting from sending telegrams to the Commission by carriers subject to the provisions of the statute in reference to proposed advances and reductions of rates, fares, and charges upon their individual lines, which are not joint rates, fares and charges, and in which telegrams there are sometimes the same defects and omissions as above stated in regard to telegrams sent to the Commission relating to proposed advances and reductions in joint rates, fares, and charges, that so much of this order as declares that the Commission will not recognize or accept as a compliance with law telegrams containing such defects or omissions, shall apply also to cases of rates, fares, and charges made by a single company over its own lines alone, and telegrams in relation to the same must comply in their details and be forwarded to the auditor of the Interstate Commerce Commission, Washington, D. C., in the same manner as telegrams are required to be sent in cases of proposed changes of joint rates, fares, and charges as above set forth.

Fourth. It is further ordered by the Commission that a printed copy of this order be served by the Secretary of the Commission mailing a copy of the same to each of the carriers referred to in this order, properly attested by the seal of the Commission. A true copy.

EDW. A. MOSELEY,

Secretary.

CIRCULAR OF MAY 24, 1890, CONTAINING CORRESPONDENCE IN THE MATTER OF CHANGING RATE SHEETS WHILE ADVERTISED CHANGES ARE PENDING BUT HAVE NOT GONE INTO EFFECT.

BEFORE THE INTERSTATE COMMERCE COMMISSION.

In the matter of changing rate sheets while advertised changes are pending but have not gone into effect. [Circular.]

As the question frequently comes up as to the authority of a carrier that has advertised changes in his rates to make further changes before those already advertised have taken effect, the following correspondence is published:

In September, 1889, the auditor of the Commission received from J. E. Galbraith, traffic manager of the International and Great Northern Railroad Company, a letter, of which the following is a copy:

"Auditor, Interstate Commerce Commission, Washington, D. C. : "DEAR SIR: Referring to our freight tariff No. 50-I. S., applying on cotton, issued September 16th, advances effective September 29th, we wish to make a further advance in some of these rates. Can we lawfully make these advances before the expiration of less than ten days from the time the advances named in the above tariff were effective, provided we give the necessary notice? If we issued that notice on, say, to-day, September 25th, could we lawfully make the second advances in these rates effective on any date between the 5th and 10th of October?

"Yours truly,

Answer was made to this letter, in effect, that the posting and filing of rate sheets establishing rates different from those at the time prevailing did not suspend the power of the carrier to make other changes at any time, and he might do so, provided they were made in conformity with the law; but, in order that they should conform

to the law, the posting and filing should be for the requisite period-that is to say, if the new tariff was an advance upon that then in existence the notice must be for at least ten days; if a reduction, for at least three days.

In August, 1889, the auditor received from G. Maclaine, secretary of the Southern Interstate Association, the following letter:

"Mr. C. C. MCCAIN,

"ST. LOUIS, Mo., August 22, 1889.

"Auditor, Interstate Commerce Commission, Washington, D. C. :

"DEAR SIR: Will you kindly advise if notices of rates to the public can be withdrawn at any time prior to the date of effect, without violation of the interstate commerce law?

"Yours truly,

This letter was understood to ask substantially the same question as that of Mr. Galbraith, and answer was made to it that the rates could be withdrawn any time prior to the date of their taking effect without a violation of the law, it being assumed in answering that the withdrawal would be in accordance with the method which the law points out for that purpose, viz, by the substitution of a new rate sheet in the place of the one to be withdrawn, the new sheet conforming to the law and being published for the length of time required, according as it was an advance in rates or a reduction.

In March, 1890, the secretary received from Charles S. Fee, general passenger and ticket agent of the Northern Pacific Railroad Company, a letter making inquiry upon this subject, as shown below, to which the following reply was made:

"CHARLES S. FEE, Esq.,

"G. P. and T. A., &c., St. Paul, Minnesota :

"DEAR SIR: I find on my table, after returning from a long absence from Washington, a letter from you to the secretary of the Commission, making the following inquiry:

"After having posted and filed with you notice of an advance or reduction in rates, can we legally remove this notice from our stations and advise you that the contemplated change would not be made, and thus avoid placing the new rate in effect?"

"A proper answer to this letter demands some consideration of the purpose for which the statute requires that notice of changes in rates shall be given. No one, I presume, knows better than yourself that the power to make sudden changes in the rate sheets of railroad companies, and especially the rates for the transportation of grain, provisions, &c., as it existed before the passage of the interstate commerce law, was one which was subject to the grossest abuses, and that it was sometimes employed for fraudulent purposes; possibly by the agents of railroad companies themselves in some cases, though I trust not often, but certainly by outside parties who had the means of ascertaining contemplated changes before the public was made aware of them.

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'Congress thought this a very serious evil, and therefore, in the framing of the interstate commerce law and by amendment thereto, it has undertaken to guard against it. To this end the law requires that in every case an advance in rates shall be publicly notified for ten days. Even in the case of a reduction in rates, which is commonly supposed to be to the advantage of the public, the change is not allowed to become effective until after three days' notification.

"When we consider that changes in the cost of transportation are likely to affect the market value of commodities largely dealt in-sometimes to the full extent of the changes themselves-we shall all agree, I think, that the statutory provisions are wise and just, and that the requirements of the statute ought, not merely because they are law, but in common fairness to the public, to be strictly observed.

"The method of giving notice indicated by the statute is quite as important as the time prescribed. This method is by the posting and filing a new rate sheet that shall plainly state the changes proposed to be made in the schedule of rates to be displaced, and the time when the new rates, fares, and charges will go into effect. Nothing, therefore, is notice of a change in rates that does not contain these requirements. A mere notice that rates will be changed, but not informing the public what the new rates are to be, performs no office under the law.

"Your question is whether, after you have posted and filed a new rate, issued in conformity with the law, and have thus prospectively established new rates, you can not legally remove this notice from your stations, and, by advising the Commis