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The Columbia University Libraries reserve the right to refuse to accept a copying order if, in its judgement, fulfillment of the order would involve violation of the copyright law. Author: Fraser, Alfred Title: Rules and regulations governing freight traffic Place: New York Date: 1892 MASTER NEGATIVE # COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DIVISION BIBLIOGRAPHIC MICROFORM TARGET ORIGINAL MATERIAL AS FILMED • EXISTING BIBLIOGRAPHIC RECORD fss :6.30,64 dp 86 I I, J W IL li U ■ >i^KM" P »»~^ g' -t Eraser, Alfred L. Kules and regulations governing freight traffic ; by Al- fred L. Fraser ... New York [Rochester, N. Y., Press of Gelhaar, Fleming & Fuller] 1892. 200 p. 23"". 1. Railroads— Freight. Library of Congress O TF662.F84 6-28942 -l^ RESTRICTIONS ON USE: TECHNICAL MICROFORM DATA FILM SIZE: 33m/v^ REDUCTION RATIO: . (^■•\ DATE FILMED =j#i IMAGE PLACEMENT: lA (^NA) IB IIB INITIALS: TRACKING # : /MS// 0lZ2i FILMED BY PRESERVATION RESOURCES. 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W^"^ A't /*>. » ^t>^ m"^^^^^ '^^^mt^M'' ''. ^M^^.-^' W3^^^^''^' ^^^^m }i>^ >f'. «i. «i» -V.ij-j ZiJS. raoocLUi: ..,>.'iu.>iu. *--»£■ .^W -^* •*uB0^ . '-^-atm - ^ L>J, ^--^ M* fi^H >P-5«*- ^ 1 4 ^if^^l School of Business ^^-^t. *9K^*^gcr'liW^.. «A >:. ^*^ :^A'la^ ,i.^^<^' Given by ' %^ T^** THE 8EHCMAN LIBRART ■^^^'^ ■ft- *fe^J iv':^ mm fi i«i> •^^ ^^y^^ifrM^l^^ :riM:c/',' Ui^W^r: 't^""# ^tw!^^^- M^^ 'ftc^^^rM^^^S^. ^.« 5?!' """i- -: ■ SW-' %^ '»so3 M". W- A ^■^ >^.^^ ■ -. v- "l--_. Rules and Regulations GOVERNING — 11 — IT H H H BY ALFRED L. ERASER, Of the General Freight Department of the New York Central & Hudson River Eail- road ; Chief Clerk, General Freight Office, Rome, Watertowa & Ogdensburg Railroad, (N. Y. C. & H. R. R. R. Co., Lessee). NEW YORK, 1892. FROM THE SELIGMAN LIBRARY CX)PYBIGHT, 1892, BY ALFRED L. FRASER. 3 530. (^'^ — F2t \ , I PRKKACK. This work has been prepared after a careful and com- prehensive study of the various details involved in freight transportation and of the rules and regulations of the leading railways of America. It is designed for the information of agents, conductors and other railroad employes, as to gen- eral railway practice in the transaction of business relating to freight traffic, and as an aid to them in the proper perform- ance of their duties. The rules of each particular road are, of course, observed by its employes in preference to any rules conflicting therewith. A L F II Hi Press of Gelhaar, Fleming^ & Fuller, Kochester, N. Y. TERMS AND CONDITIONS UNDER WHICH PROPERTY IS RECEIVED FOR TRANSPORTATION.* f . Responsibility assumed for property when receipted for only. The railroad company will assume responsibility for property only when receipted for by a duly authorized agent ; and no agent or other employe is authorized to receive or agree to transport any property unless thus receipted for. 2. Train or time not guaranteed. The transportation of freight by any particular train or within any specified time is not guaranteed by the railroad company, and agents have no authority to give receipts or bills of lading containing such a guarantee. 3. All freight subject to transfer. All freight is subject to transfer en route, as the necessity or convenience of the company may require, and agents are not authorized to ^iv^ receipts or bills of lading guaranteeing that property shall go through without transfer. 4. Responsibility for loss or damage. The railroad company will not be responsible for any loss or damage arising from the inherent nature of goods, or occurring from providential or unavoidable causes, or without the negligence or fault of the company or its employes, or which, under the terms and conditions upon which the pro- perty is received for transportation, should be assumed by the shipper, consignor, consignee or owner. ♦ In the le^al adjudication of questions as to responsibility, etc., the contract for carnafre and the various attendant circumstances in each particular case are of course, considered, aqJ may qualify general rules adopted by the carrier. The lim'ita tions as to liability, as set forth herein, are as usually provided for by the shinning receipts or bills of lading given for property. snippmg I O TERMS AND CONDITIONS. 5. Basis of settlement for loss or damage, (sh wot sore. pa« 5.) In case any loss of or damage to property occurs for which legal liability attaches to the railroad company, settle- ment will be made therefor in accordance with the actual value or cost of the goods at the time and place of shipment, unless a lower valuation shall have been agreed upon with the shipper and the property consigned and receipted for accord- ingly, when such valuation shall govern. # 6. Responsibility for property destined beyond the company's line. When freight is destined to a point beyond the railroad company's line and is to be forwarded to destination by a connecting line or carrier, the responsibility of the railroad company shall cease upon delivery of the goods to such line or carrier, and no responsibility shall attach to the railroad company for any loss or damage which may arise from the refusal, failure or inability of the said connecting line or carrier to forward the property after tender of delivery has been made. (See paragraph 20, a.) 7. Responsibility for freight awaiting removal by consignees. Responsibility will be assumed by the railroad company as warehouseman or depositary only, for freight held beyond a reasonable time awaiting removal by the consignees or parties entitled to receive it ; all risk of loss or damage, including loss or damage by fire, must be assumed by the owner of the property, unless such loss or damage be clearly traceable to negligence or default on the part of the railroad company or its employes. t 8. Responsibility for freight on private tracks or sidings, or at stations having no agents. Freight will be at the risk of the owners while on private tracks or sidings, or at stations, sidings or platforms where there are no freight agents, whether awaiting, acceptance by the railroad company for transportation, or removal by con- TERMS AND CONDITIONS. 7 signees. Freight delivered at such points will be accounted for as it is weighed or tallied into the cars by the railroad com- pany's agent at point of shipment ; and freight taken from such points will be accounted for as weighed or tallied out at des- tination. (See paragraph 9.) 9. Responsibility for freight loaded by the shipper. When freight is loaded by the shipper, and taken at the shipper's weight or tally, the railroad company will not be responsible for any loss or damage arising from improper packages or improper stowage, nor for any discrepancy in count, measurement, weight or grade, as between the shipper and the consignee, due care having been exercised in trans- porting the property. 1 0. Cars furnished to shippers subject to their Inspection, etc. Cars furnished to shippers for loading with grain, or other freight, are subject to their inspection as to condition, and may be rejected if not found satisfactory ; if accepted and loaded, the contents will be at the risk of the owner as to leakage, discrepancy in quantity, or damage, unless caused by an accident for which the railroad company is responsible. 1 1 . Freight in open or platform cars taken at risk of owner. Freight that is liable to damage from the weather, fire, falling off the cars, or other causes, or to loss by pilferage, will be taken only at the risk of the owner when shipped in open or on platform cars. 12. Articles not received. Bank bills, notes, drafts, deeds, mortgages or other val- uable papers, or writings of any kind, jewels, gold or silver coin, or other articles of great intrinsic or representative value, and not provided for in the classification or by special agreement, will not be received for transportation as freight. Should parties secure the reception of such articles for trans- portation as freight by misrepresentation, or without the 8 TERMS AND CONDITIONS. knowledge of the railroad company, the company will not be responsible for their loss or injury. 13. Bulk freight taken in carloads only. Bulk freight will be taken in'carloads only, unless other- wise provided for in the classification or by special arrange- ment, and it will be at the risk of the owner as to deficiency in weight or measurement, proper care having been exer- cised in transportation. (See paragraph lo). If shipped in bulk in less than carload quantities the minimum carload weight will be charged for. Such freight will not be taken for delivery at stations without sidings. Shippers and con- signees are required to load and unload bulk freight, or assume the cost of loading and unloading, unless otherwise expressly stipulated. (See paragraph 19.) 14. Explosives and other dangerous articles taken by special agreement only. Gunpowder, and other explosives and goods of a danger- ous nature, will be taken only by special agreement, and under special conditions made by the railroad company. Any party securing the reception of such goods by misrepresentation, or without the knowledge of the railroad company, will be held responsible for any damage which may arise therefrom. 15. Articles subject to U. S. revenue tax; empty packages. Casks, kegs, or packages containing distilled spirits, malt liquors, or other articles subject to United States revenue tax, will not be received unless they bear the stamps, brands or marks required by law ; and empty casks, kegs, or pack- ages which have contained such articles will not be received unless such stamps, brands, or marks are canceled or removed. 16. Payment of Charges. Responsibility for back charges. All charges, except such as are prepaid, are payable upon delivery of freight to the consignees or parties authorized to receive it. The railroad company will not be responsible for TERMS AND CONDITIONS. 9 the correctness of amounts advanced by it in good faith to other corporations or to individuals as back charges. 17. Articles on which prepayment is required. Acceptance of guarantees. Prepayment of charges will be required on all freight destined to stations having no freight agents ; on property which, in the judgment of the railroad company's agent, would not realize a sufficient amount, at forced sale, to cover transportation charges ; on perishable property ; and on all other articles on which prepayment of charges is required by the classification, tariffs, or rules governing their transporta- tion. Agents may accept guarantees in lieu of prepayment of charges only when so provided by the classification or when authorized by the general freight department. 18. Freight not promptly removed, subject to storage and sale. Perishable freight.* The railroad company reserves the right to charge stor- age on freight which is not removed from its possession within the prescribed period allowed for its removal after arrival at destination, or to send it to public warehouse for storage at the risk and expense of the owner ; the property to be subject to all charges due thereon, and customary storage and com- mission charges, and sale, if necessary, as provided by law. Perishable freight will be sold or disposed of at the discretion of the company, for account of the owner, when it is not taken away by consignees and there is risk of loss or decay. 19. The right to charge for detention of cars, or unloading of freight, reserved.* The right to make the established charge for detention of cars by shippers or consignees beyond the prescribed period allowed for loading or unloading, is reserved by the railroad company; the right to unload freight ''to be unloaded by consignee," and to make a reasonable charge therefor, in case the consignee fails to unload it within the prescribed period allowed for unloading, is also reserved. * Shipping- receipts and bills of lading usuallj' contain these provisions. 10 TERMS AND CONDITIONS. SHIPPING ORDERS. 20. Shipping orders required for all freight. Parties offering freight for transportation, must furnish for each consignment, a shipping order, signed by the shipper' givmg a correct list of the articles, with marks, and the name of the consignee and destination of the shipment in full including the State or Territory. The county must be given when there are two or more places of the same name in the same State or Territory. Shipping orders must be in writmg; no property will be forwarded upon verbal orders."^ A. Route to be specified. When it is desired that property shall be forwarded via any particular line or route, such line or route must be speci- fied in the shipping order, and the goods marked accordingly. B. Freight for Interior points. When freight is destined to interior points, not on the line of any railroad, the route the shipment is to take and the station where it finally leaves the railroad must be noted on the shipping order by the shipper, and the property marked accordingly. C. Freight consigned to "order." Shipping orders for freight consigned to -order" should give the name and full address of the party or firm to be notified of arrival at destination. When such shipments are held at destination beyond the customary period allowed for the remova l of freight, pending the surrender of the original * It is the custom for the railroad companies to furnish shippers with the neces- sary bhinks for Shipping orders and receipts (unless the use ofTc^ms pr^pai^a Ty themselves shall have l»een authoriml), the receipts, with the except^onTsi^ 1/ beiuK made out by them, as well as the shipping orders. The shipp nrreceipt blank is sometimes used for both the order and the receipt, the forms bein^ made out in dupl ! ;r rth^hrs ir """ '^-'^ '""^-"^^^ " ^^^ «^^^-^ -^ '^^ -•- --^-^X TERMS AND CONDITIONS. I I bill of lading, or shipping receipt, properly indorsed,* which will in every c^se be required, they will be subject to demur- rage or storage charges. *' Order" shipments will not be received for delivery at stations having no freight agents. D. Freight for the railroad company. * Freight for the railroad company must be consigned to the railroad company, in care of the officer or employe to whom delivery is to be made ; regular shipping orders must be furnished and receipts given, the same as for other freight. E. Grain. Shipping orders for grain must specify the kind of grain, and, when destined to points where grain Is allowed by grade, whether or not it is to be graded. Track delivery for shipments of grain destined to points at which elevators have been estab- lished for their reception and delivery, or the privilege of stop- ping off or milling in transit, will be granted only when authorized by the general freight department. In case shipments are made under such an arrangement, the shipping orders therefor must contain the information necessary for the guidance of agents. F. Lumber and coal. Shipping orders for lumber should specify the kind of lumber — as hemlock, oak, white pine, etc. ; and for coal, the kind of coal — as anthracite, bituminous, etc. C. Ale and beer. Returned packages. Shipping orders for consignments of ale and beer must specify the number and size of the packages in detail — as so many eighth-barrels, quarter-barrels, half-barrels, barrels, etc. Empty packages should also be similarly described. When empty packages, such as beer kegs, g^^^ crates, etc., are to be returned to shippers at rates especially provided for returned empties, the shipping orders therefor should specify that they are *• returned," and they should be sent 7^/^ the route over which they were originally received when full. *(See parag-raph 254, c-G). Stamped indorsements on "order" bills of lading or shipping reoeiF)ts are not sufficient unless accompanied by the written signature of some one holding a power of attorney, and agents should see that this is undei-stood by those to whom such bills of lading or shipping receipts are issued. jl 12 TERMS AND CONDITIONS. TERMS AND CONDITIONS. 13 |i H. Describing freight In shipping orders. Misrepresentation. Shipping orders for shipments consisting of a variety of articles or packages, must specify the different items in detail, unless a car be chartered and the railroad com- pany released from all responsibility as to the contents of the car, a distinct agreement to that effect being made between the agent of the railroad company and the ship- per, and the goods consigned and receipted for accordingly. No freight will be receipted for or forwarded as a -lot." The •number of articles comprised in crates, or in bundles tied or wired together, should be shown in the shipping orders there- for, if so put up that they may be checked in handling. Cast- ings and similar articles should be fully described, as -plow castings," -stove castings," etc. When an article is differ- ently classified when differently prepared or packed, the actual character of the article must be specified ; otherwise the highest rate provided for such articles will be charged The contents of all packages should be given in full, as far as practicable; such terms as -mdse.," -merchandise," -sun- dries," - fancy goods, " or -wood in shape," should not be used m describing freight. When it is not practicable to give the names of all the articles contained in a package, the names of the leading articles should be given. Packages' con- taining articles which are differently classified, will be charged for at the rate provided for the article of the highest class included in such packages. If it be discovered before deliv- ery to consignees that the contents of packages or the kind or quantity of freight shipped have been misrepresented or wrongly reported by shippers, thus securing a lower rate, charges will be collected in accordance with the proper classi- fication, rate and quantity. Responsibility will be assumed for property as consigned and receipted for only. I. Agreed valuation to be entered on shipping orders. When two rates are provided, one being conditioned on the property being taken at an agreed or fixed valuation, the shippers must, if they desire to avail themselves of the lower rate, state in their shipping orders the agreed value at which they desire the goods carried ; if this is not done, the higher rate will be charged, on the basis of full value. J. Owner's risk." Notations to be made on shipping orders. When two rates are provided, the lower rate being con- ditioned on the transportation of the property at the owner's risk, the words -owner's risk," or -owner's risk of break- age," etc., as may be specified by the classification or agree- ment under which the goods are carried, must be noted on the shipping order by the shipper, or the higher rate will be charged. K. Releases required. When two rates are provided for the transportation of an article, the lower rate being conditioned on a release, the shipper must sign a release, of the form prescribed by the railroad company, or the higher rate will be charged. L. Articles provided for " Released " or at "Owner's Risk" only. When articles are given in the classification -released" or at - owner's risk " only, and are not otherwise provided for by the rules of the classification, the property, if received for transportation at the carrier's risk, will be charged for in accordance with special instructions issued by the general freight department.* M. Guarantees required. When freight is to be forwarded, ' ' charges guaranteed, " a guarantee of the form prescribed by the railroad company must be signed by the guarantor. Guarantees of responsible parties only will be accepted. WEIGHTS. 2 I . Weights to be charged for. All freight will be charged for at actual gross weight, subject to the prescribed carload minimums, unless otherwise * A rate one class higher than the " owner's risk " or " released " rate is usually charged. 14 TERMS AND CONDITIONS. * provided for in the established classifications or tariffs, or by special arrangement, without regard to the weight given by shippers and inserted in shipping receipts or bills of lading. On carload shipments, all excess over the prescribed mini- mums will be charged for. PREPARING FREIGHT FOR SHIPMENT. 22. Articles to be properly packed or secured. Subject to cooperage, etc. All articles designed for shipment must be properly packed in suitable boxe^i, bales, or packages, or secured in such a way as to insure their safe transportation to destina- tion, with the exercise of ordinary care on the part of the carrier. Freight will be subject to charges for any cooper- age, baling or* repacking which may be necessary. 23. Boots and shoes, hats and caps, etc. Cases or packages containing boots and shoes, hats and caps, hosiery, or other articles liable to pilferage or fraudu- lent abstraction, must be strapped with iron and wood, or otherwise securely protected against loss, or the railroad com- pany will not assume responsibility for any diminution of the original contents. 24. Trunks containing personal effects, etc. Trunks containing personal effects and wearing apparel will not be received for transportation as freight unless boxed, except when forming part of a carload shipment of household goods. 25. Fruit and vegetables. Fruit or vegetables in baskets or in open crates, boxes or barrels, must be cc^vered with canvas, or otherwise securely protected against pilferage, or the railroad company will not be responsible therefor. 26. Liquids. Liquids in carboys, bottles, demijohns, jugs, or cans will not be received unless protected by boxes, kegs, jackets or other suitable packages. TERMS AND CONDITIONS. 15 27. Carriage curtains, cushions, etc. , • The railroad company will not be responsible for any loose articles, such as curtains, cushions, etc., belonging to carriages or other vehicles, when shipped unboxed. All loose articles should be boxed by the consignor and shipped separately, no extra charge being made. 28. Cigars and Cigarettes. Cigars and cigarettes must be packed in new cases, and the cases well strapped. 20. Sewing Machines. Sewing machines must be boxed or crated. 30. Goods in bundles or paper boxes. Fine furs in bundles or sacks, goods in paper bundles, and goods in paper boxes will not be received. IVIAAKING. 31. All freight to be marked. All freight must be marked with the information neces- sary to carry it to destination and insure its delivery to the proper consignee, the name and address of the consignee being given in full on each article or package, whenever practicable. Any necessary directions as to routing or care in handling, etc., should also be shown. Shipments consist- ing of articles or packages which cannot be marked with the name and address of the consignee in full, must be so marked, numbered, or branded, that they may be readily distinguished from other consignments of a similar nature. Particular attention should be given to cotton, wool, paper stock and rags, flour, dressed hogs, hides, pelts, leather, etc. A card showing the date and point of shipment and name of con- signee and destination in full, should be placed in a conspic- uous place on the inside of every car containing bulk freight. In the case of carload shipments of package freight, two or more packages, placed near the doors of the car should be marked in full, and all should bear distinguishing marks or brands. i6 TERMS AND CONDITIONS. A. Method of marking. Brush and stencil ink or paint, should be used in marking n every case where their application is practicable ; stouf tags o other suitable means of marking may be employed chak h' ";'"^\°' ^ shipment requires it ; paper labels or Chalk should not be used. B. Old marks to be obliterated or effaced. When property is packed in second-hand boxes, barrels or other packages for transportation, all old marks must b; obliterated or effaced ; shipments must bear but one address (See paragraph 282.) erty receipted for accordinj^ly, but such a practice is objectionable: all freiifht should I>e properly prepared for shipment. RECEIVING AND RECEIPTING FOR FREIGHT. 39 are not defaced in handling the property. It must also be seen that the stamps, brands or marks on empty packages •which have contained such articles are completely removed or effaced before receiving them for transportation. Beer stamps should always be found over the spigot hole, and are canceled by having the spigot driven through them. (See Appendix). 89. Removal of distilled spirits from distilleries, etc. The United States revenue law prohibits the removal of any distilled spirits in any cask or package containing more than ten gallons from any premises or building where the same may have been distilled, redistilled, rectified, com- pounded, manufactured, or stored, at any other time than after sunrise and before sunset ; agents must, therefore, be careful not to remove such casks or packages or switch cars loaded therewith from such buildings or premises except within the time specified. 90. Explosives and dangerous articles. Shipments of gunpowder and other dangerous or explo- sive articles, destined to points on other lines, must not be accepted without first ascertaining whether they will be received by such lines ; nor for points on the railroad com- pany's own line, without proper authority. Such articles must in no case be received for transportation by steamers carrying passengers. (See Appendix). 9 I . Carload shipments, etc., for stations without sidings. Carload shipments, or articles so heavy or bulky that they cannot be readily handled and unloaded by trainmen, must not be received for delivery at stations without sidings. When desired by shippers, such freight may be forwarded to the station nearest destination at which there is a siding. 92. Shipments coming from or destined to other lines. Shipments offered by other lines should not be received or receipted for until regular billing is furnished therefor, except where through billing arrangements are in force and cars are allowed to run through under slip manifests, when j(i 40 RULES FOR INFORMATION AND GUIDANCE Ol' AGENTS. the regular manifests are for any reason delayed. Ship- ments should not be accepted and forwarded on billing bearing such notations as -Memorandum bill," -Regular bill to follow/-- - Weight and charges to follow," etc., e.xcept where it IS necessary to so forward astray freight, without special authority from the general office. Agents at junction points must keep a record of all shipments received from or delivered to other lines, showing particulars of consignment, giving full reference to billing, date and time of receipt and forwarding or delivery of freight and manifests, car door or other fastenings on arrival and departure, any discrepancy discovered as to the quantity or condition of freight and any corrections or changes made in billing. Manifests should not be accepted from other lines in advance of the freight, except where through billing arrangements are in force and cars are sent through on slip manifests, and the acceptance and forwarding of the regular manifests in advance of the freight authorized. Any refusal or failure on the part of other lines to promptly receive and forward freight, or any delay in furnishing mani- fests, should be reported. Receipts, stating the condition of the freight and the time of its delivery, and receipts showing the date and time of delivery of manifests, should in every case be required for freight or manifests delivered to other lines. 93. Issuing shipping receipts. Duplicates or copies. A separate receipt of the form prescribed or authorized by the railroad company, showing the station at which the goods are received and the actual date of their receipt, filled out and signed in inkf must be given for each and every con- signment received for transportation, and must be signed either by the agent or by a person duly authorized to act for him ; in the latter case, the name of the agent mu.st be used in addition to that of the person actually signing. The sign- ing of receipts by clerks or other employes indiscriminately should no t be permitted. If the receipts cannot for any -^iip manife>sts are sometimes designated as ''Memorandum bills" or bear the specification - Ke>rular bill to follow by express train ; " in such ca^s the rules govern- mjr slip manifests ai)ply. H">eru i"^ ...-200. RECEIVING AND RECEIPTING FOR FREIGHT. 41 reason be signed by the agent personally, he should assign the duty to some responsible person. Receipts must not be issued until all the property covered thereby is actually in the possession of the railroad company. Shipping receipts must not be given on blanks furnished by shippers, unless their use shall have been authorized by the general freight department. Duplicate shipping receipts may be issued only when their issue has been authorized by the general freight depart- ment ; copies, however, may be furnished to shippers when necessary, if so marked. The word "Duplicate" must in every case be written, printed or stamped in ink on the face of duplicate receipts, and the fact that a duplicate has been issued should be noted on the shipping order. 94. Receipts to be compared with shipping orders before signing. Before shipping receipts are signed, they must in every case be compared with the shipping orders to see that they agree as to consignee, destination, route, articles shipped, quantity, condition, marks, responsibility, valuation, direc- tions as to grading or not grading, stopping off, notify- ing of arrival, delivery, etc. ; that the receipts as well as the shipping orders are dated in accordance with the actual date of completion of delivery to the company, and that the name of the station at which the goods are received for shipment, and the name of the station at which they will leave the road, are shown. (See paragraph 95). Receipts must not be given bearing any notations which do not appear on the shipping orders. Notations showing that receipts have been issued, must be made on shipping orders by agents at the time of issue. 95. Receipts not to be given beyond the company's line. Shipping receipts must not be given agreeing to deliver freight at any point beyond the railroad's own line, or at a point not a railroad station or at which delivery cannot be made. When a shipment is destined to a point on or vza a connecting line, the receipt should be given to the junction point or point of delivery to such line only ; through rates, 42 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. however, may be inserted if requested by shippers, when such rates are authorized by the general freight department via the route the shipments are to go. 96. Issuing bUls of lading. Agents must not issue bills of lading unless duly author- ized to so issue. If application be made to an agent not having this authority, he should refer the applicant to the general freight department or to an official of the company having the necessary authority. 97. Blanks to be used. Original receipts to be taken up, etc. In issuing bills of lading, blanks of the forms prescribed by the railroad company must be used. Bills of lading may be issued only upon the surrender of the original shipping receipts, with which they must exactly agree as to date and particulars of consignment, articles, marks, etc. All nota- tions, such as "Owner's risk," -Released," -Charges guaranteed," " Shipper s weight and loading," -Shipper's tally," notations as to valuation, condition, etc., which appear on shipping receipts must also be entered on bills of lading when they are issued and the receipts taken up. These notations should be written out in full. More than one consignment should not be included in the same bill of lading, nor shipments made- on different days. If in any case it is absolutely necessary that goods delivered to the company on different days be included in the same bill of lading, they should be entered on the bill of hiding separately and the dates of receipt noted against the corresponding entries. Bills of lading for -part lots " (parts of shipments covered by the same shipping order) should contain a refer- ence to the bills of lading for the balance of the lot. This will also apply to shipping receipts. 98. Filing original receipts. Issuing duplicate bills of lading, copies, etc. Original shipping receipts surrendered at the time of issue of bills of lading, must be filed away and carefully pre- RECEIVING AND RECEIPTING FOR FREIGHT. 43 served, the fact that a bill of lading has been issued and date of issue being noted thereon, and the rate, if any, and the points between which it applies shown ; if no rate has been inserted, that fact must be noted. This is necessary in order that true copies or exact duplicates may be furnished in case they are wanted at any time. Original bills of lading should be marked -Original;" duplicates, - Duplicate;" triplicates, -Triplicate," etc.^ Copies should be marked -Copy." Copies of bills of lading may be furnished to shippers when necessary, but duplicate bills of lading, etc., may not be issued unless their issue shall have been authorized by the general freight department, t 99. Bills of lading not to be given beyond delivering station. Care must be taken not to give bills of lading calling for delivery at points not railroad stations, or at which delivery cannot be made by the railroad company or its connections. (See paragraphs 43 and 44). 100. Guaranteeing train, time, or through carriage. Shipping receipts or bills of lading must not be given, nor verbal agreements made, guaranteeing transportation by any particular train or delivery within any specified time or Exception.— ♦ Bills of lading are sometimes issued in sets of two or three, or more, especially in the case of foreign shipments, each being duly affirmed and of equal validity until one of the set is accomplished, when the others become void, a provision to this effect being contained therein. This is done in order that the bills of lading may be forwarded by different conveyances and delay or accidental loss thus guarded against; or where more than one is necessary in order to meet Cus- toms re8 taken to secure the detec- tion and punishment of the thieves, such shipments being much more liable to pilfer- age than others, owing to the fact that the chances of detection are less. OVER, SHORT OR DAMAGED FREIGHT, ETC. 99 second-hand, or show defective or improper cooperage, the fact must be noted. Particular attention must be given to any packages which have been corded, sealed, or strapped, in order that it may be ascertained whether the fastenings have been disturbed. Conductors and trainmen of trains from which goods are short or received in bad order should be questioned as to the cause of the discrepancy or dam- age, and any information obtained recorded, and given in making reports. Broken or leaky barrels or packages, pack- ages in a loose condition, or damaged freight, should be put in as good order as possible and coopered when necessary to prevent further loss, any expense incurred being charged against the property. 247. Reports to be made by yard masters. Yardmasters must report to the superintendent (who will make the necessary reports to the general freight depart- ment) all cars or freight arriving without the proper manifests or with seals broken, defective or missing, and all cars or freight arriving in a damaged condition or damaged while in their charge, and all cases of apparent loss from theft or other causes. 248. Reports and notations to be fuli and expiicit. All reports and notations as to over, short or damaged freight must be full and explicit as to the number and kind of articles or packages affected, marks, condition, etc.; the use of such terms as " B. O.," ''Bad order," or " Broken," simply, in describing goods which are in bad order is not sufficient ; it should be stated of what the bad order or damage consists — that is, in what way the goods are dam- aged — whether packages have been broken open, etc. ; when the damage appears to have been caused by improper load- ing, or by rough or careless handling, or to have arisen from other causes which can be apparently determined, it should be so stated. Seals and other car door, window or hatch r lOO 1^ I RULES FOR INFORMATION AND GUIDANCE OF AGENTS. fastenings should be accurately described in making reports, and the seals preserved for future reference. 249. Over, short and damage reports to be given prompt attention. Agents receiving over, short or damage reports must give them immediate attention, take the necessary action, and see that the proper notations are made and the reports forv^arded to the general office, or to the other agent inter- ested, as the case may be, without delay ; and they must also keep a record of the receipt of such reports and the disposition made of them, showing the station received from, the discrepancy or damage claimed, number of report and date on which returned or forwarded, and to whom, etc. Requests for billing or for proper destination or orders for disposal of shipments must be promptly responded to ; also requests for the hurrying forward of delayed freight. Over freight must be sent on to its proper destination as quickly as possible, if it is ascertained that it does not belong at the station where it is found over, in accordance with instructions for the forwarding of astray freight. (See paragraph 195). 250. Over or short freight accounted for. When freight which has been reported over or short is afterwards accounted for, a report must be promptly sent to the general office and to any agent that may be interested, with a reference to the over or short report relating thereto. (See paragraph 344). 251. Written reports in addition to reports by wire. The usual written reports should in all crises be made when goods are over, short or damaged, in addition to any reports which may be sent by telegraph, the proper notations being made as to what action has been taken. 252. Perishable freight. When perishable freight is refused, over, short or received without a manifest, or it cannot for any other reason be promptly delivered, the receiving agent should imme- NOTICES OF ARRIVAL. lOI diately take the matter up by wire with the general office and the billing agent, (or the agent at the station from which the goods are supposed to have been forwarded), giving*the facts and asking for instructions by wire. (See paragraph 275). NOTICES OF ARRIVAL.* 253. Notices of arrival. Written advice of the arrival of property should in every case be sent to consignees, or the parties to be notified, as soon as it is received and ready for delivery, unless the goods are called for and delivery made immediately, making the sending of the notices unnecessary. Written notices should be sent, even though a verbal notice may have been given or the goods offered for delivery and been refused. These notices should give reference to manifest number, car number, etc., articles, and amount of charges due, (See paragraph 214), and should be sent to the address indicated by the manifests, regardless of any knowledge the agent may have as to the actual place of business, residence or address of the con- signee or party to be notified ; if, however, the actual address is known to be different from that shown by the manifests, a notice should also be sent to that address. If one notice does not have the desired effect, others should be sent. The notices should be deposited in the post office or delivered by messenger, the date they are sent being entered in the freight received book, or in a book provided for the purpose ; and the agent or party mailing or delivering them should write his name or initials opposite each entry so that he can testify as to the fact of the mailing or delivery if called upon to do so. Messengers delivering notices should take receipts therefor from the parties noti- fied, showing the time of delivery. A record must also be kept of the exact time of mailing notices. Directories should be examined, where there are directories, to ascertain *The sending: of these notices is for the carrier's convenience— to insure the prompt movement of freight and prevent accumulation in its warehouses or cars. No obligation to send such notices is acknowledged by the carrier. 102 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. the correct address of the consignees or parties to be notified of the arrival of freight, when a street and number are not given as a part of the address, and if found a notice should be sent to that address in addition to the one sent to the address given in the manifest. When notices are returned by the post office authorities by reason of their not having been called for or because of inability to find the party to whom they are addressed, the billing as well as the goods should be examined to see if any error has been made in the address ; if so, another should be sent at once. If it is found that no error has been made and the correct address cannot be ascertained in any way, the notice should be filed for future reference, with the envelope attached or a notation showing thaf it has been returned. If it is found in examin- ing freight at the time of unloading, or subsequently* that there is a discrepancy between the address as billed and as marked on the goods, the billing agent should at once be advised and the correct address ascertained. DELIVERY OF FREIGHT. 254. Delivering freight. The following rules should be observed by agents in delivering freight : A. When consigned to a certain party, deliver the freight to that party only, or upon his written order. B. When consigned to one party "In care of" a second party, deliver the freight to the second party only, or upon his written order. "'^ C. When consigned to one party, "Notify" a second party, notify the second party, but deliver the freight only upon the presentation and surrender of the original shipping receipt or bill of lading, properly indorsed by the first party. *Thl8 is in accordance with general railway practice. The rules of some com- panies allow delivery to be made to either party, or upon the written order of either. DELIVERY OF FREIGHT. 103 D. When consigned simply "To Order, "or "To Order of Shipper," deliver the freight only upon the presentation and surrender of the original shipping receipt or bill of lading, properly indorsed by the party to whom it was issued. E. When consigned "To Order" of a certain party, deliver the freight only upon the presentation and surrender of the original shipping receipt or bill of lading, properly indorsed by the party to whose order the property is con- signed. F. When consigned simply ' * To Order, " or " To Order of Shipper," "Notify" a certain party, notify the said party, but deliver the freight only upon the presentation and sur- render of the original shipping receipt or bill of lading, properly indorsed by the party to whom it was issued. C. When consigned ' ' To Order " of one party, * ' Notify" a second party, notify the second party, but deliver the freight only upon the presentation and surrender of the original shipping receipt or bill of lading, properly indorsed by' the first party. H. When consigned to the express company, or to the care of the express company, deliver only to their agent, or upon his written order. I. Retain and carefully preserve the original shipping receipts or bills of lading and written orders called for in all of the foregoing cases as authority for the delivery of the property, noting across the face of the shipping receipts or bills of lading the fact that delivery has been made and the date of delivery, and signing the notation.* J. Allow no freight to be removed from the warehouse or premises of the railroad company until all the charges due thereon have been paid (unless the extension of credit shall * Requests from conslgrnees or others for the return of bills of lading or shipping" receipts for use in the substantiation of claims, or for other purposes, should be referred to the general freight department. 104 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. have been authorized) and the property receipted for by the consignee or party duly authorized to receive it. DeHver no part of a consignment until the charges upon the entire ship- ment are paid. (See paragraph 265). 255. Freight not duly accounted for, "over," etc. Over freight, astray freight forwarded from other sta- tions v^^here it has been found over, or freight received on memorandum or slip manifests or v^ith weight and charges to follow, should not be delivered to consignees until the weight and charges are properly accounted for, except in urgent cases or where damages are likely to arise if delivery is delayed, when the surrender of the original shipping receipt or bill of lading covering the property, bearing the necessary indorsements, the payment of a sufficient amount to cover all probable charges, and the execution of a satisfactory guar- antee to make good any additional charges which may be found to exist against the goods, should be required. (See paragraph 256). If the necessary documents cannot be obtained, or if agents are unable to deal satisfactorily with a case, the general freight department should at once be wired for instructions. When freight is received on memorandum or slip manifests or as ''astray freight," etc., and the charges are not duly accounted for, the necessary billing should be asked for at once. 256. Identification required. Delivery where the original ship- ping receipt or bill of lading cannot be produced, etc. No property, however small its apparent value may be, should be delivered without some reasonable evidence that the party claiming it is entitled to receive it ; when neces- sary, the identification of strangers by some person who is well known should be required— the person identifying, to sign the receipt with the party receiving the freight. Property should not be delivered to strangers who assume to be of the same name and the same business as well known persons or firms (or in other business) until their right to receive the DELIVERY OF FREIGHT. 105 goods is properly established, the shipper being communi- cated with, if necessary, either directly or through the for- warding agent, or the general freight department asked for instructions. When there is any doubt as to the right of parties to receive goods claimed by them, they should be required to execute a bond to the railroad company, with one or more well known and responsible parties as surety, for double the value of the property. Such a bond should in every case be required where the original shipping receipts or bills of lading (the surrender of which is required before making delivery of "order" shipments) are claimed to have been destroyed, lost or miscarried. Deliveries of this kind, however, should not be made without first communicating with the general freight department. 257. Delivery to draymen and others. Consignees desiring to have their goods delivered to draymen, or to any party other than themselves, should be required to furnish a written order authorizing such delivery. When general orders are given, covering all consignments, their renewal should be required at least once a year. A renewal should also be required in case of a change of firm. All delivery orders and delivery receipts must be carefully preserved, and filed in such a way that they may be readily referred to if wanted. 258. Shipments for other lines, etc. Shipments destined to other lines must be receipted for by such lines, or by their authorized agents. Receipts from draymen or expressmen transferring goods from one depot to another are not sufficient, unless such draymen or expressmen are authorized by the lines to which the shipments are destined to receive and receipt for the property, and a written order to that effect furnished. This will also apply to shipments which are turned over to "outside" ferry or lighterage companies, etc. , for delivery. I06 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. 250. Shipments for the railroad company. Shipments for the railroad company must be receipted for by the officer or employe to whose care they are consigned, or who is authorized to receive them. 260. Delivery receipts. Allowing examination of property, etc. Delivery receipts should show the station at which deliv- ery is made, and the date and exact time of delivery, give full reference to billing, the name and address of consignees, articles, marks, weight, charges, etc., as shown by the cor- responding expense bills, and state the condition of the goods when delivered. The employe under whose supervis- ion delivery is made, should initial the receipts, or write his name thereon, in the margin, in order that he may testify to the delivery, if necessary. When packages are apparently in good condition, consignees should not be allowed to open them or unpack the goods before taking delivery ^nd receipt- ing therefor. Where carload shipments are loaded by con- signors or shippers and are to be unloaded by consignees, it is usually required that the property be receipted for before breaking bulk, and before removing seals if the car and seals are in apparent good order.* It is sometimes advisable, however, as in the case of perishable freight which has been long on the way, or where it is probable that a loss or damage has occurred, that the car be opened and the con- tents examined in the presence of the agent before the property is receipted for. Receipts should be obtained for cars placed on private tracks or sidings for unloading at the time they are thus placed, if practicable, unless receipted for before being placed; •' order" shipments should not be placed on such tracks or sidings until the original shipping receipts or bills of lading therefor, properly indorsed, have been surrendered. (See paragraph 254, c-o.) Where any loss or damage is claimed by consignees at the time cars are * If any controversy should arise as to breakinR seals and examinlnir property, the matter should at once be referred to the ijeneral freight department and a ruling obtained. DELIVERY OF FREIGHT. 107 opened and property removed by them, agents should give the matter a prompt investigation, enter the facts on the station records, and see that the necessary reports are made, as directed in paragraph 237. 261. Freight delivered at stations having no agents. Agents receiving manifests for freight delivered at points where there are no freight agents, must see that delivery is properly certified to by conductors, on the face of the mani- fests. (See paragraph 356). 262. Checking freight at time of delivery. All property for which the railroad company is held responsible as to quantity or condition must be carefully checked with the expense bills when delivery is made. If a discrepancy is discovered, the manifests should be referred to, to ascertain whether they bear notations showing that it existed at the time of unloading ; if not, notations must be made on the manifests showing how the property checked out to the consignee or party to whom delivery is made, and reports sent in the usual way. It must be seen that the freight agrees with the expense bills, and also with the shipping receipts or bills of lading when they are required or are at hand at the time of delivery, as to marks. Damaged freight, or freight showing signs of short- age, or of having been tampered with, must in no case be delivered until it has been properly examined. 263. Expense bills. Particulars to be given. Expense bills should be dated in accordance with the date on which they are made out, and be made clear and explicit, showing the station at which the property is deliv- ered, date of payment of charges as directed in paragraph 271, the billing station (and the original point of shipment if other than the billing station), date and number of manifest, number and initials of car in which the freight was for- warded from the billing station, original car number and w tl 1 08 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. initials in case of transfer at or beyond the billing station, and intermediate transfers, if any, the name and address of the consignee, articles and marks, weight and charges, and any further particulars called for by the forms used. 'The names of consignors should be given when required by special instructions. The particulars contained in expense bills should be taken directly from the manifests, after their correction, if corrections be necessary. (See paragraph 214). Where manifests bear notations affecting the rates or condi- tions under which the property is carried, such as "Owner's risk," "Released," etc., these entries should also be made on the expense bills and delivery receipts. Expense bills and delivery receipts should be numbered in consecutive order, each bill bearing the same number as its corresponding receipt, and the numbers entered on the station records against the entries to which they refer. 264. "Order" shipments. Notations referring to loss, dam- age, or shortage; division of rates. Weights. The notation, "This freight must not be delivered with- out the surrender of the original bill of lading, properly indorsed," should be made on all delivery receipts and expense bills for "order" shipments. Notations referring to loss, damage or shortage, or divisions of through rates should not be made on expense bills rendered to consignees ; the charges on shipments coming from connecting lines, billed at a through rate, should be extended at the through rate, without showing the divisions, the original charges, if any, beyond the point from which the through rate is made, being added as advanced charges. The weight shown in expense bills should be that on which the charges are collected. 269. Collection of charges in case of shortage. When part of a consignment is "short," all the freight billed not being received, the expense bill and receipt should be made out for the entire consignment, a notation showing the shortage being made on the receipt. In case consignees DELIVERY OF FREIGHT. 109 refuse to pay the charges on the whole consignment when a por- tion of it is short, the expense bill and receipt may be made out for the goods received, subject to their proportion of the charges, as near as it can be determined, notations being made on the receipt showing the amount paid and explaining the transaction in full. Agents should avoid making such settlements when it is possible to collect the entire amount of charges, and thus avoid complicated accounts. If the goods short are not found, or if it is ascertained that they were billed in error and should be short, the charges paid thereon can be refunded in due course. The foregoing has reference to shipments for which the railroad company is held responsible as to quantity. When a shortage of bulk grain or other freight loaded by the shipper or taken at the risk of the owner as to shortage is claimed, the payment of the full amount of charges should be required, unless other- wise directed, the matter being referred to the general freight department, in case of controversy. 266. Goods short and afterwards received. When goods short from a consignment are afterwards received, the expense bills and delivery receipts must give reference to billing for the shipment of which it is a part. Reference to delivery of the goods short should also be noted on the original delivery receipts, and other station records. (See paragraph 344). 267. "Part lots." Expense bills and delivery receipts for parts of consign- ments or "part lots" should contain a reference to the billing for the balance of the shipment. 268. Prepaid shipments. When charges are prepaid in full, the rate and the amount of charges should not be shown in expense bills ren- dered to consignees ; the word " Prepaid " should be inserted in the charges column ; when the charges shown by mani- -g^ I lO RULES FOR INFORMATION AND GUIDANCE OF AGENTS. fests are partly prepaid and partly "to collect," the total amount of charges, amount prepaid, and amount due, should be shown. 260. Demurrage, storage, cartage, etc. Demurrage, or car service,* storage, cartage, or other charges other than the regular transportation charges, and which are to be collected from consignees, should be shown as separate items in expense bills. 270. Separate expense bills and delivery receipts for each consignment. Separate expense bills must be made and separate receipts taken for each and every consignment ; even though there may be two or more shipments for the same consignee, from the same station, on the same day and in the same car, they must be treated separately, if so billed. 271. Receipting expense bills. Expense bills must in no case be receipted until all the charges covered thereby are actually paid. The date of pay- ment must in every case be shown, it being written or stamped on the expense bill at the time. 272. Furnishing duplicate expense bills. Duplicate expense bills, or copies of expense bills, must in no case be furnished to consignees or , others without authority from the general freight department. Duplicates should be issued only when the originals have been lost or destroyed. The word *♦ Duplicate" must in every instance be noted across the face of duplicates, and copies must be marked ** Copy." 273. Furnishing expense bill blanlts. Expense bill blanks must not be furnished to private individuals or firms, or to any outside parties. ♦Sepunitc bills are sometimes made for switchinjf, ia the same route over which FREIGHT STORED.— SEIZED UNDER LEGAL PROCESS. II 5 it was received, unless otherwise directed, if practicable to so send. Goods ordered sent to another destination should be forwarded by the most feasible route, in the absence of specific directions. 282. Marking goods returned or reshipped. When goods are returned to shippers or forwarded to another destination, they should be marked anew, the origi- nal address being crossed off, but not completely erased. 283. FREIGHT PUT IN STORE. When goods are put in store, the billing agent should be notified, the reason for storing the property being stated and the name of the warehouse given. When consignees can be reached, they should always be notified of the company's intention of putting goods in store, or charging storage, before taking such action.^ When consignees do not use due diligence in the removal of property, the general freight department should be advised. 284. GOODS SEIZED UNDER LEGAL PROCESS- When any freight in the possession of the railroad com- pany is seized under a writ of attachment or replevin, or other legal process, by a sheriff or other officer having proper authority, the agent should secure a copy of the writ from the officer making the seizure, and at once notify the con- signee, consignor, and all parties interested, in order that they may take such action as they may deem proper for the protection of their rights ; all charges due should be collected and a receipt taken for the property from the officer making the seizure, before allowing the goods to be removed from the company's possession. If there should be any question or controversy as to the right of the officer to take possession of the property, or any doubt as to the proper course to ♦Notices of arrival usually contain a clause to the effect that if protKjrty is not reuiovea within a specified period, Keuerally twenty-four or fortv-eiffht houi-s it will be stored at the risk and exjKMise of the owner. ! I' I 1 6 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. pursue, the facts should be immediately telegraphed to the nearest attorney of the company. All cases of seizure of freight under legal process must also be reported to the general freight department by wire, full particulars being forwarded by first mail. TRANSPORTATION OF MERCHANDISE IN BOND BETWEEN PORTS IN THE UNITED STATES. 285. By whom carried, etc. Merchandise in bond may be carried only by duly bonded common carriers, over such routes as may be designated by the Secretary of the Treasury, and under such conditions as are prescribed by the laws relating thereto and the regula- tions of the Treasury Department. 286. Entry and transfer from vessel or warehouse, etc. The proper entry of goods intended for transportation in bond having been made by the owner, agent or consignee, a delivery permit and directions as to the lading of the prop- erty will be issued by the Collector to the Customs Inspector under whose supervision the shipment is to be made, the transfer from the importing vessel or bonded warehouse to the vessel, car or vehicle of transportation, being made at the expense of the owner, by Customs draymen or lightermen designated by the Collector in the delivery permit ; and the Customs Inspector in charge will take a receipt for the goods on the back of the entry, which receipt must be signed by the duly authorized agent of the common carrier. 287. Customs manifests. In addition to the regular railroad manifests, separate Customs manifests* in triplicate must be prepared by the carrier's agent for each car used for the transportation of merchandise in bond, and certified by the Customs Inspector * DeaiRnated as "Carrier's SjM'rial ManilVsta" in Treasury Department Ke^ula- tions. MERCHANDISE IN BOND, ETC. I I supervising the shipment, one copy being returned to the carrier and the others retained by the Customs authorities for use at the port of shipment and port of destination. If the route is such that a transshipment is required, a fourth copy of the manifest must be prepared, and certified in the same manner. 288. Car door fastenings, etc. The doors or openings of cars containing merchandise in bond must be secured by such locks, seals or other fasten- ings as may be prescribed by the Secretary of the Treasury, which are to be placed thereon by Customs officers and described in the certificate of lading entered on the manifests. Any unauthorized person removing, injuring, breaking or defacing Customs locks or seals is liable to imprisonment. *t * " Any person maliciously opening, breaking, or entering, by any means what- ever, any car, vessel, vehicle, warehouse, or package containing any such merchandise so delivered for transportation, or removing, injuring, breaking, or defacing any lock or seal placed upon such car, vessel, vehicle, warehouse^ or package, or aiding, abetting, or encouraging any other person or persons so to remove, break, injure or deface such locks or seals, or to open, break or enter, such car, vessel, or vehicle, with intent to remove or cause to be removed unlawfully any merchandise therein, or in any manner to injure or defraud the United States ; and any person receiving any merchandise unlawfully removed from any such car. vessel, or vehicle, knowing it to have been so unlawfully removed, shall be guilty of felony, and in addition to any penalties heretofore prescribed shall be punishable by imprisonment for not less than six months nor more than two years."— Sec. 3998, R. S. " No railway-car or engine or other vehicle, or team, used by any person or cor- poration, as common carriers, in the transaction of their business as such common carriers, shall be subject to forfeiture by force of the provisions of this title [Title xxxiv, 2517-3129] unless it shall appear that the owner, superintendent, or agent of the owner in charge thereof at the time of such unlawful importation or transportation thereon or thereby was a consenting party, or privy to such illegal importation or transportation "—Sec. 3063, R. S. + Transit seals, placed upon cars containing goods not in bond, passing from one point in the United States to another through Canadian territory, may be removed by the carrier at any time after the cars have again reached the United States and been passed by the Customs authorities, the seals then having served their purpose— the prevention of the substitution of goods while the car is passing through foreign ter- ritory. These seals, which are placed upon the cars at the frontier port of exit from the United States, by the Customs authorities, have distinctly imprinted thereon the words, " In Transit." Delay in making delivery at destination sometimes arises through the supposed requirement that " In Transit " seals be removed by Customs officers only, as in the case of bonded freight. Customs seals, placed on cars containing freight in bond, bear the words, "In Bond," and in addition the cars are required to be carded, as described in paragraph 291. I l8 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. 289. Record to be kept of car door fastenings. Agents must keep a record of all Customs locks or seals placed on cars at their stations, showing lock number and register number, giving a full description of seals, etc. The only cases in which the placing of Customs fastenings upon car doors may be omitted, are where appraised goods are corded and sealed by Customs officers and their transporta- tion under the railroad company's seals authorized, or where the goods are of such a nature that they cannot be loaded in cars which can be sealed. (See paragraph 290.) 290. Articles on platform or flat cars. Dutiable merchandise in bulk, transported on platform or flat cars, must be weighed by a United States Weigher before shipment, and the ascertained weight noted on the Customs manifests, the entry at the port of destination being made for the full quantity thus ascertained. ' Such freight may be transported on cars of this kind only when it is impracticable to load in cars which can be locked or sealed. 291. Carding cars. Cars containing appraised merchandise in bond must be carded at the port of shipment with red cards, 3J by 4.^ inches in size, with the following words printed thereon, in black letters, in the following order : UNITED STATES CUSTOMS. BONDED MERCHANDISE. APPRAISED. Prom Departure. Date 18 To. Arrival. Date , 18 Notice.— Seals to be removed from this car by Customs officers only. Penalty for violating this rule is imprisonment. MERCHANDISE IN BOND, ETC. 119 Cars containing unappraised merchandise in bond must be carded at the port of shipment with yellow cards, 6 by 6 inches in size, bearing the following inscription : UNITED STATES CUSTOMS. UNAPPRAISED MERCHANDISE IN BOND. From Forwarded 18 To. Arrived is Notice.— Seals are to be removed from this car by Customs officers only. Any unauthorized person who wilfully breaks, cuts or removes these seals is liable to a fine of $1,000, or imprisonment not exceeding- five years, or both. These cards, as described above, which must be fur- nished by the carrier, are required to be placed in close proximity to the doors or openings on which the Customs locks or seals are placed. If the cards become detached and lost in transit, the conductor, agent or other employe of the carrier in charge should see that they are replaced with the least possible delay. 292. Customs manifests to accompany cars. Conductors or agents accepting cars containing bonded merchandise must see that each car is accompanied by a separate Customs manifest, properly certified, in accordance with paragraph 287, which must always be in their posses- sion while the cars are in their charge, being attached to and transmitted with the regular or slip manifests of the railroad company, which must bear notations showing that they are attached. In delivering the manifests to others, receipts must be taken therefor. I •f I 20 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. 293. Examination of car door fastenings, etc. Conductors or agents on taking charge of cars contain- ing bonded merchandise must give them a careful examina- tion to determine whether or not the seals or locks are intact and in accordance with the Customs manifests. In case the locks or seals are broken or show signs of having been tampered with, or if there is any discrepancy, the facts should at once be reported to the superintendent, in order that he may notify the nearest Customs officer and have the goods examined, the result noted on the Customs manifest, and the cars resealed or relocked by such officer. Shipments in bond, offered by other lines, should not be received if it is found that there is any discrepancy as to the condition or the description of the fastenings of the cars until the necessary action relative to the examination of the goods, etc., has been taken by such lines. It should also be seen that the cars bear the necessary cards. 294. Transferring. When it is necessary to transfer the contents of cars containing bonded merchandise by reason of the cars having become disabled, or for any other cause, the seals or locks must be removed by a Customs officer, who will supervise the transfer, fasten the cars in which the goods are reloaded, and certify to the facts on the Customs manifest. In case there is no Customs officer at the point where the transfer is to be made, the conductor or agent in charge should at once com- municate with the superintendent, by wire, in order that the attendance of the proper official may be arranged for. If, however, a fire or other accident occurs on the road, the nature of which requires immediate action in order to save the goods, and it is impossible to secure the attendance of a Customs officer, the locks or seals may be removed from the car by the conductor, agent or wreckmaster in charge and the contents transferred to another car or to a suitable place of safe-keeping, the condition of the fastenings, lock number MERCHANDISE IN BOND, ETC. 121 and register number, or the kind of seals and impressions thereon, the condition of the goods, (which must be carefully examined and checked), and any discrepancy found to exist, being noted on the Customs manifest and an affidavit made by the person removing the fastenings and supervising the transfer, stating the circumstances under which the fasten- ings were removed and giving the full particulars, which affidavit, together with the broken locks or seals, must accompany the Customs manifests to the port of destina- tion, unless otherwise directed by the Customs authorities, the attendance of a Customs officer being secured to give such directions as may be necessary, examine the goods, certify to his finding on the Customs manifest, and fasten the car in which the property is reloaded, when it may again be sent forward, the goods being carefully guarded in the meantime.^ 295. Loading free and bonded goods in same car. Free goods may be placed in the same car with goods in bond when such goods are destined to the same point, or where the free goods are destined to a port or place beyond the destination of the bonded freight, but not otherwise ; the cars to be fastened and carded in accordance with para- graphs 288 and 291. • 296. Arrival at destination or port of entry. Delivery. On the arrival of bonded freight at destination or the proper port of entry, the conductor or agent should report to the Collector the fact that the goods have arrived, and deliver to him the Customs manifest in order that he may compare it with the manifest and other documents forwarded to him by the Customs officials at port of shipment, have the car door fastenings examined by an Inspector, and take such further action as may be necessary. The fact that freight is * Thesecurintf of the attendance of a Customs officer should in no case be omitted except where the Customs authorities rule, on being: notified of the facts, that the property may be sent on to the port of destination or to a point where there is a Customs olflcer without such special attendance. I 22 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. in bond and placed in charge of the Customs authorities does not affect the railroad company's lien for freight charges, and the importer or consignee cannot obtain possession of the property until the freight charges have been paid or secured provided the Customs authorities have been duly notified in writing, of the existence of the lien. "**'■ ""cJsTomschr"''"" "'""o""" "»"<» to be Shown. \/UStom8 charges. All receipts, manifests, expense bills, or other papers in connection with bonded freight, should be marked -In Bond." Care must be taken in manifesting to see that all private marks, numbers or brands which the property may bear are given, as well as the name and address of the consignee. Customs charges (not duties) paid by the railroad company should, unless otherwise directed, be entered on the railroad manifests and collected from consignees. CANADIAN MERCHANDISE IN TRANSIT THROUGH THE UNITED STATES. (Treasury Reoulat.onsO "CIRCULAR. MODIFYINC; DEPARTMENT REGULATIONS OP MARCH 30. 1875 GOVERN- 7iiz::zT:r::r °*' ^^'^^■^"'^ MKHCHANt,isE%rouoH 1884. Department No. 68. Socretarj's Office— (S. A.) IVas/iington, D. C, May 2, 1884. ' ' To Collectors and other Officers of the Customs : "The following regulations of the Canadian Government governing the transportation of merchandise in transit through the territory of the United States, having been submitted by the British Minister, through the Department of State for the consideration and approval of this Department, and' having been so approved, are published for the information of cus- toms officers : MERCHANDISE IN BOND, ETC. 123 treasury 'b^x>axim^xKi^ Regulations for the transportation of goods in transit through the United States. \ "I. Goods of domestic origin, duty paid or free of duty, may be transported from one port to another of Canada over the territory of the United States, with the consent of the proper United States authorities, by routes duly designated and bonded for such purpose. "Cars must be specially appropriated for such transpor- tation, placed under customs lock, and sealed by an officer of the customs at the port of departure in Canada, and remain thus fastened and sealed until they shall have passed through such foreign territory and again arrived in Canada, when all goods of domestic origin, duty paid or free, may be released from further customs surveillance. '• Railroad-iron, sugar and molasses in hogsheads, and all other merchandise in bulk, which is incapable of being put in locked cars, may be transported on platform-cars, duly corded and sealed. *' 2. Imported goods in bond may be transported in like manner, under the usual transportation entry and bond. "3. The owner or shipper must, before the merchandise is laden, present to the Collector at the port of departure manifests, in triplicate, for each car, subscribed by the proper agent of the railroad or other company, which shall be pre- pared by the said company at the port of departure, and shall contain a particular description of the merchandise by packages, marks, numbers, and contents ; the ports of desti- nation, to whom consigned, and the route over which the transportation is to be made, distinguishing articles that are of native from those of foreign growth, production, or manu- facture, and those free of duty or duty paid from goods in bond subject to duty. The manifest shall be in the follow- ing form : fl I 24 RULES FOR INFORMATION ikND GUIDANCE OF AGENTS. (form.) .S>vV,/ Ma>,i/.s/ of Merchandise in transit tl.ronsh the United States. Port of -. 1 8- ♦ ' We certify that the following described merchandise has been laden on car No. , of the . railroad, at for transportation to , across forei^^n territory, by way of , and that said car has been duly secured with customs seal (or) lock : Marks. NumlK'rs. PHcktiKt's. CONTENTS. Articles. Free or In bond. Consitrnor. Consitfnee A^enl of Railroad Company. [SEAL.] -, Collcctcyr. Laniliug Waiter. "4. The landing waiter, charged with the lading and seahng of cars, shall see that manifests are provided for each car. and that they are correct by an actual comparison with the lading. He shall then seal the car. certify each of the triplicate manifests, deliver one to the conductor of the car and immediately return the other two to the custom-house' One of such manifests shall be filed at the custom-house, and the other, verified by the signature and official seal of the Collector, forwarded by the first mail to the Collector of the port of entry where the car is expected to re-enter Canada. Care will be taken to score with lines the blank portion of each manifest, so that no additional articles can be interpo- lated after signin^^ MERCHANDISE IN BOND, ETC. 125 " 5. On arrival at the frontier port of exit from Canada, the manifest accompanying the car shall be presented to the Collector, who shall cause the fastenings and seals of the car to be examined, and if they appear intact he shall so certify, with the date on the manifest, and return the same to the conductor. "6. On arrival at the first port in Canada after the transit, a careful examination must be made of the seals and other fastenings, and the seals having been removed, the contents of the cars shall be unladen and carefully compared with the manifest received from the port of departure, as well as with the copy accompanying the goods, except as hereinafter provided. ' ' If the car arrived at such port before the manifest sent by mail, the contents of the car will be compared with the manifest accompanying it, and that manifest, with the copy subsequently received by mail. "If found correct, the merchandise will, if in bond, be forwarded to its destination to be rewarehoused in like man- ner as other goods transported in bond, or if not in bond, delivered to the consignee. The officer who compares the manifest with the merchandise will certify the result on the back of one of the manifests, and the Collector will return the other with a similar certificate to the Collector from whom it issued. '* If the merchandise does not correspond with the mani- fest, if the seals be lost or broken, or if the packages, cars, or seals appear to have been tampered with, the goods will be detained, if the circumstances justify it, for seizure and condemnation. In ordinary cases a comparison by marks and numbers will be sufficient, but if there be any well- grounded suspicion of fraud, the examination will extend to the contents of packages. ♦'7. Cars may pass to a port of destination not on the frontier without being unladen or opened, if a careful exami- it IBM- |. Ir li I 26 RULES FOR INFORMATION AND GUIDANCE OF AGENTS iom, for i„.,ruc,i„„. ' '" "" =«"■■»"«»»' «' Cu- States: customs officers of the United United^l'T '?/■■'"" '^'""•^" ^"'^'^ ^* ^ f'-°"tier port of the or to'rr„ 'tt,"7"'7'' ^^"^'''^" seals, Lanifes Shan he «,edwith the CoC:!" ^T^^^-J^lr^i^ there is no reason to doubt thut th^ r ' " ....en,e„, „, ,h. cent;,' „,' 'h. tr""!:!"''."' " ''" copy wi„ b, d.„ver.d ,„ ,k. cordJCor":, the „:* """ °" the manifest. If the seals are found to be intact and h .s no reasonable ..ound for suspicion that such seals h " been tampered with .„ ..„,,, he shall perm t he a to ^ orw r, , ^^^^ ^^^^ the'mani est o oicf and file the manifest or invoice in his office. ' •' If the seals are broken on arrival at the port of exit MERCHANDISE IN BOND, ETC. 127 CANADIAN REGULATIONS REGARDING TRANSPORTATION OF DUTIABLE GOODS IN OR THROUGH CANADA. (Effective May 1st, 1883.) (( ORDKR IN COUNCIL. REGULATIONS RESPECTING TRANSPORTING, MANIFESTING AND REPORT- ING DUTIABLE GOODS BY RAILWAY IN OR THROUGH CANADA. "I. All goods removed in Bond ex-warehouse under Removal Entry when the transportation is intended to be partly through a foreign country shall be manifested to the Customs Port of destination in Canada, and one copy shall be forwarded by mail to the Frontier port of exit to be there recorded and remailed without delay to the port of desti- nation. •• 2. All goods exported in Bond, ex-warehouse or other- wise, shall be manifested to the Frontier port of exit, from Canada, but the foreign port of destination shall be recorded on the face of the manifest. *'3. All goods forwarded from one port in Canada to another, under Frontier or general bond, shall be forwarded under manifest. "4. All goods received at Frontier ports, to be forwarded under bond to other ports in Canada, shall be forwarded to the ports of destination under manifest. '•5. Manifests shall be in such form as maybe prescribed by the Minister of Customs, who shall also direct the infor- mation to be given therein. * * 6. Manifests shall be made in triplicate for each car, one copy to be attached to the way bill and forwarded therewith to the Customs port of destination, one to be forwarded to the same port by mail or first train, and the third copy to be retained on file at the sending port, provided that instead of a third copy of separate car manifest a general or train mani- fest may be substituted, to be kept on file at the sending port. 128 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. Which' Lv'Lrt;;:rthTL"ira:; '-''-'' *° -^• CustotVoffi " "''P' '" ^'^^ P'^^^"« °f - Canadian Customs Officer, except as hereinafter provided. " 8. In the case of accidents between stations, where an officer cannot be procured to supervise the transfe , the con" ductor shall rnake and subscribe to a declaration to h effect hat he goods described in the manifest have been trans erred under his supervision from the wrecked or damaged car, giving the No., etc., to car No.- using the forms pro d^ittr "^'^^"°" ^° '^ ^°— -• '^ -^ -rbiKTo- "9- A separate consecutive number must be given at sending ports to manifests for each port of destination ; where there ,s more than one station at such ports, under charge of different officers, from which manifests may be forwarded the ser,es o numbers at each station to be kept distinct by station at which such manifests are made. Manifests of foreign goods in transit through Canada must be separately recorded at^the ports of entrance and departure. '•10. Duplicate and triplicate manifests must be com- pared w.th the original and with the way bill, before being forwarded ; and the way bill numbers must be shewn on h! manifest. - 1 1. Manifests are to be recorded at the receiving ports with consecutive numbers in the order of their arrival with ships or other Reports Inwards, and the sending port num bers also recorded. When the packages are all checked o"t of the cars the manifests are to be receipted and one copy returned to the sending port, the receiving port number anj the entry or re-manifest number and stamp of the port being MERCHANDISE IN BOND, ETC. 129 first placed thereon, with overs and shorts, if any, marked on both copies. All manifests received are to be returned to sending port within thirty days from date of reception as . above, but if any goods received have not been entered the item must be marked with the number of the unclaimed list or the page of the book in which account of the unclaimed goods is kept. '* 12. Transit manifests are to be cancelled at the frontier port of exit by the officer whose duty it is to see that the cars have passed out* with unbroken seals, and, if any seals are found broken or the car bears evidence of having been tam- pered with in Canada, the officer shall satisfy himself as to the correctness of the contents by a comparison of the pack- ages with the manifest. "13. Manifests must be legibly filled in with ink ; in no case is a pencil of any kind to be used for the purpose. * ' 1 4. Excise goods when removed or exported by Railway under Customs supervision must be manifested in same man- ner as Customs goods, but such excise goods must be delivered to the Customs Officer by the proper Officer of Excise with a removal entry or warrant, otherwise they are not to be taken charge of by Customs Officers. • * * 1 5 . Enquiries as to goods short received should be made by officers of both receiving and sending ports, as both are responsible for the due discharge of all goods called for by manifest. *' 16. Should receipted manifests not be received within 30 days after the forwarding of the goods, the Collector of the sending port will cause a copy of the missing manifest to be sent to the port in arrear, with request that it may be returned with receipt or explanation. "17. Each Canadian Railway Company, before being • permitted to manifest goods in bond, shall enter into a gen- eral bond to be duly executed in the penal sum of eighty I 30 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. thousand dollars conditional for the due and faithful produc- tion at the respective ports of destination in Canada of all packages passing over such road under manifest, and for the general compliance with the Customs laws and regulations governmg such traffic. 'M8. All Railway Companies shall provide secure and commodious sufferance warehouses, and other necessary premises, in connection with their stations at every Customs port or out-port, for landing, storing, transferring, delivering and forwardmg bonded goods ; also, suitable office accom- modation, with fuel and light, for the Officers of Customs appointed to attend such stations. All such premises to be made secure to the satisfaction of the Collector or proper Officer of Customs. "19. Loading, transferring or landing bonded goods before or after regular Customs hours, or on Sundays or legal holidays, shall only be permitted upon application to the Col- lector or proper Officer of Customs, and Railway Companies shall pay such sum or sums for the extra services of Officers either weekly or monthly, appointed to attend to such duty to the Collector of the port, as may be considered fair and reason- able ; but no such money shall be paid by any Railway Com- pany to any Officer of Customs, except through the Collector of the port, who will in every case give his receipt for the same. "20. All goods under bond, in charge of any Railway should have preference over other goods, and be promptly landed in presence of the Officers of Customs in attendance. *'2i. Such locks, seals or other fastenings for freight cars as may be approved by the Minister of Customs shall be pro- vided by the Customs Department, and furnished for use of Railway Companies at their expense. ''22. All former Regulations inconsistent with the fore- going are hereby cancelled. "PRIVY COUNCIL. "Ottawa, 19th March, 1883." LIVE STOCK. 297. Conditions under which carried. Live stock is carried under special contract only, and must in all cases be "released," unless otherwise author- ized by the general freight or live stock department. 298. Responsibility for loss or damage. The railroad company will not assume responsibility for any damage that animals may do to themselves or to each other ; nor for injury or loss resulting from the over- loading of cars, excessive crowding, exhaustion, suffocation, heat or cold, or which may arise from delay to trains ; nor for stock escaping, unless properly secured when placed in the car. 299. Owners to load, unload and care for, etc. The owners are required to load and unload live stock and care for it while at stations and en route, at their own risk and expense, with such assistance from the agents of the railroad company as they may be able to render. The expense of feeding and watering, if advanced by the railroad company, must be paid by the owner or consignee upon delivery of the stock at destination, in addition to transpor- tation charges. Agents should see that parties offering stock for shipment understand that the responsibility of the rail- road company does not begin until the animals are placed in the car, and that it is to cease upon the arrival of the car at its destination, or upon its delivery to a connecting line. Care must be taken to see that men in charge have proper facilities for taking care of stock while at stations and in transit. 300. Time not guaranteed. The agents of the railroad company are not authorized to agree that live stock shall be forwarded by any particular train, or that delivery shall be made within any specified 131 132 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. time, or in time for any particular market or event or to sign receipts or contracts containing such a guarantee ; nor will the railroad company assume responsibility for any loss or damage which may arise by reason of the refusal, failure or inability of a connecting line to receive or forward stock after tender of delivery has been made. 30 i. Execution of contracts. * Live stock contracts should be executed in duplicate both copies being made out in the same manner, signed by the agent of the railroad company and by the owner of the stock, or his authorized agent, and properly witnessed. One copy should be marked -Original" and the other -Dupli- cate," the original being retained on file by the agent of the railroad company, unless otherwise directed, and the dupli- cate given to the shipper or the man in charge. Contracts should not be issued beyond the company's own line unless the issuing of joint contracts in connection with other lines be authorized. • 302. Not to be receipted for until loaded. Live stock must not be receipted for, or contracts signed, until the loading has been completed. 303. Receiving late In week. Where regular Sunday running arrangements are not in effect, agents should not receive live stock for shipment so late in the week that it cannot go through to its ultimate desti- nation before Sunday, except when the stock is in charge of the owner or his agent, and he fully understands that the car may necessarily lie over short of destination during that day Before live stock is loaded it must be known that the train on which it is designed to forward the car will stop at the ^^^^^^" ^Q ^hich it is to be forwarded, and if necessary in *On some roads the live atock contract answers the purpose of both a bill of adingrand a release; on other roads, regular shipping receipt^ o^WlIs of lading -^ ssued With the necessary notations as to valuation, etc., andin add „„ ti^'^Lr tion of a contract (or release) is required. «uuii-ic>n uic execu- LIVE STOCK. 133 order to insure its being taken, the train despatcher should be advised by wire that it is to go. If it is found that a ship- ment will probably arrive at destination at night, or at an unusual hour, the agent should be advised, so that there may be some one in attendance to make delivery. 304. Valuable race-horses, etc. Very valuable race-horses, stallions or other high-priced animals should not be accepted for shipment without first communicating with the general office. 306. Fancy stock. Live poultry. * Very valuable calves, sheep, lambs, hogs or other fancy stock, requiring more than ordinary care, should be shipped in cages or crates, or boxed. Agents should recommend the forwarding of such stock by express. When animals are shipped in boxes or other enclosures it should be seen that the boxes, etc., are of suitable size, well ventilated, and ■ otherwise comfortable, and that the necessary provision is made by the shipper or owner for food and water while in transit ; this will also apply to shipments of live poultry. En- closures must be large enough to enable animals or fowls to stand erect. 306. Vicious or spirited animals. Animals which are known to be vicious or so spirited that they cannot safely be placed alongside of other stock, should not be received for transportation unless a special arrangement be made for space. 307. Use of entire car required. When the owners or men in charge of live stock request the use of an entire car for a shipment, or a shipment is loaded in such a way or is of such a peculiar nature that the use of an entire car is required, the carload charge should be made, even though there may be but one animal to go. Where cattle, hogs or other stock are so heavy or so fat as I 34 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. to require extra space for their transportation, the carload charge should be made for every car occupied, without regard to the number of animals loaded therein. 308. Cars not to be overloaded. Agents should carefully estimate the average weight of animals offered for shipment in carloads, and see that not more than the proper number are loaded in each car. When double-deck cars are used, it must be seen that the weight is properly distributed and not too great a load placed upon the upper deck. - 309. Men in charge. Live stock should not be received for transportation unless accompanied by a competent person in charge, except when otherwise authorized. The transportation of men in charge of and accompanying live stock, will be in accordance with special instructions and the rules of the classification. 310. Marking. When live stock from more than one shipper or for more than one consignee is loaded in the same car, or in a way car, each animal should bear a distinguishing mark.* 311. Examination of cars. Cars which are to be used for live stock should be care- fully examined by agents before loading, or before they are assigned to shippers for loading, to see that they are in safe running condition, that there are no protruding nails or spikes ; that there are no loose boards or broken slats; and that the floors, doors and fastenings are in good order. When necessary, as a precaution against escape, strong boards should be nailed across the inside of doorways, to a proper * A tag securely fastened to the halter, will be sufflcient for horses or mules. Upon cattle or small stock, one or more initial letters should be marked upon the side of each head of stock. Upon calves the marks should be clipped or shaved. Correspond- ing: initials should be placed opposite the name of consigrnee on the way bill or mani- fest, so as to insure correct and prompt delivery at point of destination.— Oi»ctol Classification. LIVE STOCK. 135 height, and sufficiently close together to prevent the stock from getting through them. After loading and before departure from the station, the cars must be examined and care taken to see that the cross bars are properly placed, and that the doors are securely fastened. Live stock should not be loaded in cars which have been used for the transporta- tion of lime or salt in bulk, unless the cars shall first have been thoroughly cleaned. 3 1 2. Loading different kinds of stock in same car. Different kinds of live stock must not be loaded in the same car unless separated by substantial partitions, erected at the risk and expense of the owner. Hogs or sheep must in no case be loaded under cattle. 313. Doubie-deckingor partitioning cars. The double-decking of single deck cars must not be allowed without special permission ; and the expense, and the risk of any damage that may result from defective con- struction or by reason of the animals being overcrowded or heated in consequence of the double-decking, must be assumed by the owner of the stock ; the same charge should be made for such cars as for regular double-deck cars, unless otherwise provided. The assumption by owners of the risk and expense of double-decking or partitioning cars should in every case be noted on receipts, contracts and manifests. 3 1 4. Partitions and decks to be properly constructed. Agents must see that the partitions and decks placed in cars are properly and safely constructed, and in such a way as not to interfere with the movement of the car doors or the loading and unloading of the stock. 3 1 0. Loading in cars containing merchandise. Live stock must not be loaded in a car with merchan- dise, or goods of any kind, unless separated from it by a sub- stantial partition, or otherwise so secured as to admit of no JL I 36 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. possible damage to either from contact with the other. When in less than carloads, all animals should be properly tied or secured, whether there is any merchandise in the car or not, and agents will be held strictly accountable for any neglect of this precaution. 316. Assisting in ioadingand unloading; oountinganimals. Agents must render shippers, under their direction, all the assistance they reasonably can in loading and unloading live stock, see that the cars are not overloaded or excessively crowded, and, as far as practicable, ascertain by actual count the number of animals loaded in each car. 3 1 7. Numberof animals to be shown by receipts, contracts, etc. The number of animals and kind of Hve stock loaded in each car should be entered on receipts, contracts and mani- , fests ; when shipments are in carloads or when it is imprac- ticable to ascertain the number by actual count, the shipper should be required to state the number and it should be entered with the specification "More or less, shipper's count." It should also be shown whether single or double- deck cars are used. 318. Names of consignors and consignees to be given. The full names of both consignors and consignees of live stock should in every case be shown in receipts, con- tracts and manifests ; initials only are not sufficient. 310. Valuation. The maximum valuation under which live stock is car- ried and upon which the rates are based, must be noted upon receipts, contracts and manifests. 320. Marks to be entered on receipts, contracts and manifests. Any distinguishing marks which stock may bear should be entered upon receipts, contracts and manifests. 321. Advanced charges. Charges advanced upon shipments of live stock must be entered upon receipts, contracts and manifests. LIVE STOCK. 137 322. Notations. The notation " Live stock " should be made on the out- side of live stock manifests, in red ink. 323. Timeof loading to be shown. The time of loading should be entered on the outside of live stock manifests by forwarding agents, and when the stock is unloaded at any station in transit for rest, water and feed- ing, the agent at such station should note under the original notation the time of reloading. Live stock must not be allowed to remain in the cars for a longer period than pro- vided for by law* without being unloaded for rest, water and feeding ; when stock is delivered to other lines at junction points without passing through stock-yards, or unloading from cars, agents should note on the transfer manifests the time of loading as shown by the last notation on the manifests. Regular manifests must in every case accompany shipments of live stock. 324. Stock transferred or unloaded In transit. When live stock is transferred in transit for any purpose, agents should see that a notation is made on the contract in the possession of the party in charge, and on the manifest, showing the time, place and cause of transfer. One or more animals should not be taken out of one carload of live stock and placed in another car, unless both carloads are shipped by and consigned to the same party, and, in the latter case, when such a transfer is made, a notation should be made on the contract and manifest, explaining the transaction. Stock unloaded en route, for rest, water and feeding, should, when practicable, be reloaded in the same cars from which un- loaded. 325. Expense of feeding and watering. Where the expense of feeding and watering stock in transit is advanced by the railroad company, a separate ♦ See Appendix. i h i I I 38 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. manifest, giving car number, initials, and full particulars should be n^ade therefor to the point at which collection 1 • Z^l '"^J^- ^"'^.the amount (with a reference to the mani- fest by wh,ch .t ,s covered) entered in red ink on the origi- r, h u k" '^' '•''P'"'"*' *° "^'^'^ 'he additional mani- fest should be attached. 326. Animals left in transit. When crippled or dead animals are unloaded and left in ransit notations should be made on the contract and on the sto'c? T Tf^""'' '" *"''' showing the number, and kind of stock, why left, name of station, and date, so that the short- age may be properly accounted for on arrival at destina- lon. An.mals should not, when avoidable, be unloaded from cars except at destination or at the regular stock-yards designated by the company. . ^ 327. Hay, straw, etc., loading in cars containing stock. The loading in open stock cars of hay, straw, or other ' combust^le articles for feed or bedding for live stock while in transit should m no case be allowed, and when put in box cars all risk of damage to stock which may arise from the burn- ing of such material or from fire traceable to such loading must be assumed by the shipper or the owner of the stock Sand, sawdust or tan should be used for bedding. 328. Delivery. Discrepancies. Steele refused or uncalled for Cars containing live stock should be placed for unload- ing as quickly as possible after arrival at destination, and the shipments checked with the manifests at the time of unload ing. the animals being carefully counted and examined and any discrepancy or damage discovered promptly reported to the forwarding agent and the general office. When more animals are received than billed, the surplus number should be retained until instructions are received as to disposition When animals are thus retained, or when shipments are refused or uncalled for by consignees, or cannot for any other LIVE STOCK. 139 reason be delivered, they should be carefully cared for until delivery can be made or instructions are received as to further disposition, any expense incurred being charged against the property. If agents have not the proper facilities for taking care of the stock they should not allow it to suffer damage from the lack of proper attention, but should have it taken care of by some responsible party, who should be instructed to make delivery only upon the payment of all charges, in- cluding the charge of the care-taker, and the presentation of a written order from the railroad company for such deliv- ery, and the signing of a proper receipt for the property. Cattle, sheep, hogs or calves which are so injured as to be worthless except for the butcher or market-man, and which are not taken charge of by consignees or their represent- atives, should be sold to the best advantage possible, and the proceeds remitted as directed by the treasurer, a full report being made to the general office. Dead animals not taken by consignees should also be disposed of. Consignees should, if possible, in every case be induced to accept injured animals, when they may present claim if they consider the railroad company liable, a claim being in no way invalidated by the receiving of their property. (See paragraph 329). All cases of refusal of stock, or of stock remaining on hand uncalled for, should at once be reported to the billing agent and the general office by wire, and instructions asked for. 1 i\ h 1 i i) CLAIMS. 328. Refusal or consignees to receive property clalmln.. « Charge, deficiency or damage. °'"'*1'''""""'"8 «>»•'- When consignees refuse to pay charges and receive freight on arrival at destination, on account of alleged oTr charge, deficiency or damage, seemingly forgetting or not" fully understanding that the property is their own. anStha tTonTnd th ' f "''°" l^' ""''' °' '^' goods at destina- lon and the allowance of a reasonable time for removal and that the recewmg of their property would in no wayta^ date ,,.„, ,he agent should explain the matter to them o hat they may act understandingly. accept the freight and save ,t from any damage which may occur after t!nd'er "f clZl\lV:r "^'^ '"' '°' "^''^'^ ^'^^ -"-^d company the"; risk ad "'P^""''^- ^"^ '^°- "^-"g P"t in store at their risk and expense ; and advise them that the railroad company will under no circumstances pay for the good and re a.„ them, but that, when the property's taken away th^y may present cla.m. which will be forwarded to the general office without delay and adjudged in accordance w'h the merits of the case ; agents, however, must not admi that the company ,s liable, or promise the payment of dai^s without authority from the general office.'as it is only af'T a proper investigation that the facts can be fully determined and the position of the company definitely ascerta ned if consignees persist in their refusal of the property the receiv mg agent should take charge of it and at one; report th." facts to the billing station and the general office g""^:;' i' erence to billing, the reasons assigned by consignees Tor refusal and the actual condition of the goods, if rmled and asking that orders for disposal . be furnished. The name and address of the consignees should in every case be gJven In reporting to the general office, the value of the goods 140 CLAIMS. 141 should be stated, estimates being procured from competent parties as to their value in case of damage (if the actual value cannot be ascertained), and the actual extent of the damage. 330. Examination and report to be made in case of damage or shortage. When articles or packages show any signs of damage or shortage, or of having been tampered with, a prompt and careful examination must be made and all the facts in con- nection with the case determined as accurately as possible, a full report being made and a record kept for reference in the event of the presentation of claim, as directed in para- graph 246. 331. Preparation of clalnns. When claims are presented to agents, they should receive and prepare them for examination, procuring from the claim- ants such papers as may be required (see paragraphs 335-342), together with a statement of the facts upon which the claims are based, attaching copies of manifests or statements of bill- ing to or from their stations, as the case may be, and sub- mitting them to the general office with as complete informa- tion as possible as to all the particulars having a bearing upon the case. If the original shipping receipts or bills of lading, expense bills, etc., cannot be furnished, the reason must be given. When copies of original invoices are to accom- pany claims, in lieu of the originals, they should be exam- ined and compared with the originals by the agent of the railroad company, and certified to by him if found correct. Where the invoices, or certified copies, deemed necessary for the proper determination of a claim cannot be furnished, the agent should, if practicable, examine the accounts of the claimants and certify to his finding as to the correctness of the bill. If not fully satisfied as to the correctness of a bill, the agent should require that the claim be supported by affidavits. ■'I ' i 1 42 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. 332. Unjust clarms, etc. It is the duty of agents to discourage the presentation of claims known to be unjust, or which are founded upon a mis- conception of the duties and responsibilities of the railroad company as a common carrier, or of the conditions under which the freight is received for transportation, thus saving the claimants disappointment and the general office unnec essary labor. 333. Correction of overcharges by agents. Overcharges owing to errors in billing, should be cor- rected by agents, if possible, in accordance with the instruc- tions of the auditor, the necessary correction notices, etc being sent and the matter thus adjusted without recourse to the presentation of a claim by the consignee or shipper. When overcharges are thus adjusted after the charges on a shipment have been paid, the excess bemg refunded, the pro- duction of the original expense bill should be required and the date and the amount of the refund, and to whom paid noted across its face in red ink and signed by the agent A receipt should also be taken for the amount refunded, and the particulars entered on the station records. In case an agent IS unable to refund an overcharge owing to the fact that the original expense bill cannot be produced, or by rea- son of the party entitled to the refund not being found or failing to claim the amount, remittance should be made to the treasurer, and a report made to the auditor. 334. Claims presented by shippers. Claims presented by shippers, or for account of any one other than the consignee, should be accompanied by the original shipping receipt or bill of lading, the original expense bill and, (unless otherwise arranged), by a statement in writing, signed by the consignee, releasing his claim in favor of the party by whom or for whose account it is presented he consignee being considered the owner of the property as tar as the carrier is concerned. CLAIMS. 143 335. Rebate or overcharge in rate. Claims for rebate or overcharge in rate should be accom- panied by the original shipping receipts or bills of lading, copies of manifests or statements of billing, original expense bills, and bills for the amounts claimed, with a reference to the tariff or special arrangement upon which the claims are based. If based on an error in the description of the con- tents of packages, the original invoices, or certified copies, or other proper certificates as to the actual contents, must be furnished. 336. Overcharge in weight, count or measurement. Claims for overcharge in weight, count or measurement should be accompanied by the original shipping receipts or bills of lading, copies of manifests or statements of billing, original expense bills, bills for the amounts claimed, and cer- tificates of the actual weight or quantity, the original in- voices or certified copies being attached when they have a bearing upon the case. When shipments are apparently overcharged in weight, or an overcharge in weight is claimed by the consignees, agents should, if practicable, weigh the property, so that they may be able to certify to the actual weight. 337. Total loss or damage. Claims for total loss of shipments received by the rail- road company for transportation but never delivered to the consignees, or for shipments damaged to such an extent as to be worthless, should be accompanied by the original shipping receipts or bills of lading, the original invoices, or certified copies, copies of manifests or statements of billing (if mani- fested), bills for the amounts claimed, copies of "short" or '* damage" reports, and a full explanation of the case. 338. Partial loss or damage. Claims for partial loss or damage, apparent upon deliv- ery of property to the consignees, should be accompanied by i^ III; 144 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. the original shipping receipts or bills of lading, the original invoices, or certified copies, copies of manifests or statements of bilhng, original expense bills, bills for the amounts claimed and copies of -loss" or -damage" reports. Affidavits will also be required when deemed necessary for the proper adjustment of the loss or damage sustained. 339. Concealed loss or damage. Claims for concealed loss or damage, the property hav- ing been delivered to the consignees in apparent good order, will not be considered unless made immediately upon the discovery of the loss or damage, and supported by affidavits of the shippers and consignees as to the quantity, condition and value of the goods when delivered to the railroad com- pany for transportation and when first examined by the con- signees. Such claims must also be accompanied by the or- igmal shipping receipts or bills of lading, copies of manifests or statements of billing, original expense bills, bills for the amounts claimed, the original invoices, or certified copies ; and when necessary, by certified estimates of two disinter- ested persons as to the extent of the loss or damage. 340. Loss by leakage. Claims for loss by leakage should in every case be accom- panied by the original shipping receipts or bills of lading the original invoices, or certified copies, copies of manifests or statements of billing, copies of ♦ ' short "or - damage ' ' reports if such reports have been issued, original expense bills, guag- ers' certificates prior to shipment and upon receipt by con- signees, and bills for the amounts claimed. 341. Switching, drayage, transfer or lighterage, dockage handling, cooperage or dunnage, etc. ' Claims for switching, drayage, transfer or lighterage. dockage, handling, cooperage, dunnage, etc.. should be accompanied by copies of manifests, or statements of billing showing dates and numbers of manifests, numbers and initials CLAIMS. M5 of cars, weights, etc. ; by the original expense bills or receipted vouchers, where the amounts claimed have been actually paid out ; and, when necessary, by the original shipping receipts or bills of lading. 342. Relief from charges. Agents standing charged with freight or other charges on goods which have been lost en routes or damaged to such an extent as to be worthless, or upon other shipments on which collection cannot for any reason be made, should, after a reasonable time has elapsed, make application to the general office for relief, the application being accompanied by copy of manifest, original expense bill, original shipping receipt or bill of lading if possible, and an explanation of the causes requir- ing such relief. When goods are short or damaged, a copy of the ''short" or "damage" report should also be attached. If the property is on hand, the reasons for non-delivery should be given, and orders for disposal asked for. The post-office address of the consignee, when known, should in every case be given. 343. Guaranteed shipments. Where shipments on which the charges are guaranteed are refused, or are not promptly taken and the charges paid, the receiving agent should communicate with the billing agent, or the agent at the junction point, if the freight comes from a connecting line, asking for authority to expense back the amount of charges due and that orders for disposal of the property be furnished. If this authority is not received and the charges still remain unpaid, application should be made to the general office for relief, in the usual way. Forward- ing agents, when notified of the non-payment of charges on guaranteed shipments, should at once call upon the guar- antors for the amount due, and advise the office from which the notice is received, as to adjustment. In case payment is refused, the facts should be communicated to the general office without delay. \^ J, I 146 RULES FOR INFORMATION AND GUIDANCE OF AGENTS. 344. Freight short and afterwards received. When property "short" is afterwards received, the genera] office should at once be advised, with reference to claim, if a claim has been presented. 345. Record to be kept of claims, etc. When agents receive from the general office papers re- ferring to any claim on shipments forwarded from or received at their stations, or are advised that such a claim has been made, they should enter the claim number on their manifests, or tissue impression book, or the proper station record,' against the shipment to which the claim relates. If it is in any case found that a previous claim has been made on the same shipment, the general office should be advised. 346. Notations on envelopes enclosing claims. In enclosing claims to the general office, the notation "Overcharge," "Rebate," or "Loss and Damage," etc., as the case may be, should be made on the outside of the envelope. RULES FOR THE INFORMATION AND GUIDANCE OF FREIGHT CONDUCTORS. MISCELLANEOUS. 347. Responsibilities of freight conductors. Freight conductors are held responsible for the proper management of their trains and for the safe-keeping and proper handling of all freight while in their charge. 348. Articles not to be taken charge of. Freight conductors or other freight employes are not authorized to take charge of bank bills, notes, drafts, or other valuable papers, jewels, gold or silver coin, or other articles which are not received for transportation as freight. 349. Moving cars. Car door fastenings. Making up trains, etc. Loaded cars which are ready to go, or empties which are to be moved, should never be left if the engine can safely haul them. If compelled to leave them, the facts should be reported to the superintendent. All cars taken into the train should be examined to see that they are in proper condition, and that all doors are securely fastened, before leaving the station, special attention being given to cars containing live stock. Loaded cars taken from non-sealing stations must be sealed at the first sealing station at which a stop is made. (See paragraph 149). Cars which are taken on or offered for movement as "empty," must be examined to see that they are empty, and if they contain freight, a manifest must be procured therefor, or the goods unloaded, before taking the cars forward. In making up trains, cars containing live stock should be placed next to and ahead of the caboose, or in that part of the train which will insure the most careful usage and the avoidance of unnecessary switching. Cars containing oil, hay, cotton, powder, or other inflammable or 147 fill II I' III i 148 RULES FOR GUIDANCE OF CONDUCTORS. explosive articles, should be placed as far from the engine as practicable. Freight cars fitted up with air-brakes should be placed in the forward part of trains, and care taken to see that connections are properly made, and that the brakes are in working order. When trains are made up partly of freight and partly of passenger cars, the passenger equipment should be hauled in the rear part of the train. ^ Cars that are loaded beyond the prescribed maximums as to weight or dimensions, or loaded in an unsafe manner, should not be taken forward until the defect is remedied. All cases of improper or unsafe loading by agents or failure to furnish proper manifests, should be reported to the superintendent. Cars having drop bottoms should not be taken from stations unless the bottom doors are securely fastened. Cars that have been put out at stations or sidings and evidently neglected, should be reported. 360. Manifests to accompany freight. Freight must not be taken from any station where there is a freight agent without the proper manifests therefor (See paragraph 351). Separate manifests, or slip manifests, must accompany each loaded car. unless otherwise directed! Manifests, or slip manifests, should in no case be accepted unless accompanied by the proper cars or freight. The attention of the agent, yardmaster or other person from whom the manifests are received should be called to any discrepancy as to car numbers or initials or other particulars, in order that the necessary correction may be made or explanation given, a record being kept of the facts. Cars should not be moved under manifests or slip manifests giving car numbers or initials which do not agree with the numbers or initials of the cars which are to go. or under manifests or slip manif ests containing altered car numbers or initials, * 1° the state of New York, the law makes the following provision : "A person being an officer or employe of a railway company, who knowingly places, drectsT suffers a freight, lumber, merchandise or oil car to be placed in rear of a car used for the conveyance of passengers in a railway train is guilty of a misdemeanor " Chap. 367, of the Laws of 1889, amended ; Section 422 of the Penal Code, "'^^™^""°'^- MISCELLANEOUS. 149 unless the reason for the change be noted thereon over the signature of the yardmaster or other official making the alteration. (See paragraph 203 a-f). Conductors should fill in their train numbers, dates, etc., and their own names, on manifests, or slip manifests, in the places provided for the purpose. 351. Freight from stations having no freight agents. When freight is taken from a station or siding where there is no freight agent, without a manifest, it must be reported at the first billing station beyond, where a manifest must be made showing the point at which the property was loaded, as well as the station from which it is billed. Such freight may be taken upon receipt of notice that it is ready to go forward and the furnishing of the necessary shipping orders by the shippers, which must be delivered to the agent at the station where the manifest is to be made, and retained by him as his authority for billing and the issuing of shipping receipts or bills of lading. 352. Examining manifests. Upon taking charge of their trains and upon taking on any cars or freight in transit, conductors should examine the manifests or slip manifests therefor, in order that any special directions in regard to weighing, stopping off, delivery, etc. , may be noted, and also to see that the destination indorsed on the back of the manifests is the same as that given within. When there is a difference in the destination shown, the goods should be delivered in accordance with the destination given on the inside of the manifests, unless otherwise directed. Cases of this kind should be reported to the superintendent, and notations should also be made on the manifests calling attention to the discrepancy. When cars are to be weighed en routCy the attention of the agent or weighmaster at the weighing station should be called to the fact, and any neces- sary assistance rendered. (See paragraph 165). '1 B ;' II ■■I ^1.^ 150 RULES FOR GUIDANCE OF CONDUCTORS. 353. Transferring freight. Conductors should deliver at destination, or at the end of their freight runs, if going beyond, all freight taken into their trains, except when the engines are unable to haul it or the cars are unfit to run, or where the time and facilities for transfer, when a transfer is necessary, cannot be secured. When freight is transferred from one car to another, the number and initials of the car into which the property is reloaded must be noted on the manifest ; also the place where the transfer is made, the date, the condition of the freight, and any discrepancy found to exist as to the quan- tity, the goods being carefully checked with the manifests. If the regular manifests are not at hand, full memoranda of the freight and its condition should be made and attached to the slip manifest. Conductors must keep a complete record of all transfers made under their supervision. ■ 354. Care of freight; ioading, handiing, etc. Car doors must be kept closed and securely fastened, except when goods are being loaded or unloaded, and no unauthorized person permitted to enter the cars or handle manifests or freight. Freight must be handled with care, and every effort made to prevent loss or damage. In loading, different consignments should be kept separate and the goods stowed in such a way as to facilitate unloading and obviate damage from chafing of bales, from leakage of liquids, or from other causes. When goods are unloaded, it must be seen that any articles remaining in the car are so placed as to prevent damage by falling, etc. Employes in delivering to each other packages or boxes containing glass or fragile articles, should call attention to the nature of the contents. When property bears cautionary marks, such as "With care," -Fragile," -This side up," "Keep dry." etc., it should be handled accordingly. MISCELLANEOUS. 151 355. Checlcing freight in ioading or unloading. Deiivery, plac- ing cars, etc. All freight taken into or unloaded from cars in their trains should be carefully examined by conductors and checked with the manifests in the presence of the agent, or his representative, if at a station having an agent, and any discrepancy or damage found to exist, and the cause, when known, noted on the face of the manifests. Conductors should in every case sign their notations. Agents should call out the marks and contents of packages when they are • being loaded, and conductors when they are being unloaded. Freight unloaded from cars in way trains must be delivered on the freight-house platform, or at such other reasonable and proper place as the agent may designate. In doing work at stations, the wishes of the agent as to the placing of cars, etc. . should be complied with. Should the agent's requests be unreasonable, the facts should be reported to the superin- tendent, controversy with the agent being avoided. In switching cars at stations and in yards, where it is necessary to disturb cars that are being loaded or unloaded, great care must be taken to warn all persons in the vicinity of the same, and give them an opportunity to get away and out of danger before the cars are moved. When cars are thus moved, they should be returned to the same position in which they are found, or placed in an equally convenient and satisfactory place for loading or unloading. 356. Delivery of freight for stations having no agents. All freight left at stations having no freight agents should be carefully examined and checked, and delivery certified to on the face of the manifests by conductors, the condition of the freight and any discrepancy as to quantity being noted, and the notations dated and signed in the usual way. When cars are left at such stations and it is impracticable to check the contents, the notation -Car set out and freight not checked," and the car door fastenings, should be entered on the face of the manifests. The manifests must be left with r, «, I ! 152 RULES FOR GUIDANCE OF CONDUCTORS. the agent at the next regular station, by whom they will be duly accounted for. Nothing except carload shipments and freight which is not liable to loss or damage should be deliv- ered at stations where there are no freight agents, unless the consignee or some duly authorized party is present to receive and receipt for the property — if the consignee or his repre- sentative is not present, the property should be carried to the next station where there is a freight agent, who should at once notify the consignee that he holds the goods for delivery and also report any loss or damage noted by conductors, the same as though the goods were for his own station. The receipts taken by conductors should be delivered to the agent at the station where the manifests are left. * 357. Over, short, or damaged freight. Conductors should record in their car books and note on their trip reports, the facts in regard to any freight over or short, or any leakage of liquids, leakage of grain, etc., com- ing under their notice, and any known damage resulting to cars or their contents from rough handling or from any cause whatever, the point being shown at which the discrepancy was ascertained or at which the damage occurred or was dis- covered. Receiving agents should be furnished all the information possible in regard to over, short, or damaged freight. 368. Freight over for stations having no agents. Freight not covered by manifests should not be unloaded at a station where there is no agent ; any freight which may be over for such stations should be delivered at the next reg- ular station, and reported by the agent. 359. Overfreight marked, not marked, etc. Conductors finding any freight over, which is marked for a station included in their run, should unload it at the * Receipts tor freight delivered to conslif uees by conductors, are sometimea taken on the face of the manifests. MISCELLANEOUS. 153 station for which it is marked (if a regular freight station), if discovered in time ; if not discovered until after passing the proper station, it should be left at the first regular station reached and the facts of the case stated to the agent, who will make the necessary reports and attend to the return- ing of the freight to its proper destination. When articles found over are not marked, or are marked for a station beyond the conductor s run, he should call the attention of the agent or yardmaster at the end of the run to the matter in order that he may make the proper reports, take charge of the property, and take any further action that may be necessary. 360. Freight carried past destination. When freight is carried past its proper destination, it should be left at the first regular station reached after the discovery of the error, a full explanation of the case being made to the agent, who will see that the property is returned with the least possible delay, and the necessary reports made. 361. Correspondence. Correspondence in regard to freight over, short, or dam- aged, or other matters pertaining to the business of the com- pany, must be given prompt attention. 362. Cars left at stations or on sidings. Conductors must see that cars left at stations or on sidings are clear of the main track, and that the brakes are set, and the cars blocked when necessary. Cars left on a grade should be coupled together, and the wheels blocked, in addition to the setting of the brakes. 363. Cars disabled. When it becomes necessary for a conductor to cut a loaded car out of his train short of destination by reason of its having become disabled, or for any other cause, he should in every case leave the car, together with the manifests for i] 154 RULES FOR GUIDANCE OF CONDUCTOR. MISCELLANEOUS. % the freight contained therein, in charge of an agent, if pos- sible. When such cars are left at stations or sidings where there are no agents, the conductor must see that the doors are properly fastened, and that notations showing when, where and why left, and the car door or other fastenings, are made on the manifests, which must be delivered to the agent at the next regular station. No merchandise or light articles should be thus left if it is possible to transfer to another car without too much delay ; when merchandise cannot be trans- ferred, it should be left in charge of a brakeman or other em- ploye until arrangements can be made for transfer. Any car deemed unsafe for hauling and which cannot be repaired on the spot, should be moved with the greatest care to the near- est station or siding, and there left, the facts being immedi- ately reported to the superintendent by telegraph. The number and initials of the car, where from, its contents, and destination, should in every case be given. When cars are in bad order, the words -Bad order " should be written in chalk on both sides of the car, and the nature of the defect specified, thus, "Broken bumper," etc., or as the case may be, the defective part being marked with a cross ; cards pro- vided for cars out of repair should also be placed on the cars, if such cards are at hand. 364. Delays and accidents. All detentions to trains containing live stock, perishable property, or freight which may be affected by delay, and all accidents resulting in damage to rolling stock or damage to or loss of freight must immediately be reported to the superin- tendent, who will make the necessary reports to the general freight department. In case of wreck of loaded cars, the manifests for the freight should be handed to the superin- tendent or his representative in charge, who will see that they are sent on to destination with the property, (or without it, if destroyed), with the proper notations. 155 365. Records and reports. Conductors' records and reports should give the number of the engine hauling the train, the actual time of leaving the starting point, actual time of arrival at and departure from stations or sidings where cars are taken on or left, or at which the train stops, and the actual time of arrival at desti- nation, and show the number, initials, kind, number of wheels and car door or other fastenings of each car moved and the points between which it is moved, and whether loaded or empty. The engine and car numbers, initials, etc., should be recorded by conductors in their car books and entered on their reports on assuming charge of their trains, or at the time the cars are taken on, the particulars being ascertained from a personal examination of the engine and cars as they stand in the train (commencing with the engine), or at the time they are offered for movement, and not taken from station yard lists, from the manifests, or from memo- randa made by others. Agents should be notified of all empty or loaded cars taken from or left at their stations or moved from or left at switches or sidings under their charge. In case cars are handled at night, and there is no one in attendance, the necessary memoranda as to the move- ment of cars should be left for the information of the agent. The numbers and initials of all cars must be given in full. When cars in ' * line" service bear f he name or initials of a road, as well as of the line, both th^road and line initials should be given. Where the numbers of cars have a cipher or letter prefixed or affixed, as 05600, B3400, or 4700E, the cipher or letter should be considered a part of the number, and never omitted. Express, baggage, mail or passenger cars forwarded on freight trains must be reported the same as other cars. '* Dead" engines and tenders hauled on their own wheels, should be treated the same as cars, and reported accordingly, being specified as engines and tenders. il 156 RULES FOR GUIDANCE OF CONDUCTOR. 366. Care of live stock. Conductors should be courteous and obliging to stock- men, and render them all the assistance possible in taking proper care of shipments en route. Men in charge should be notified when stops are to be made which will give them an opportunity to look after their stock. Every attention should be given to stock in case of accident. When animals get down, they should be gotten up, if possible, and care taken to prevent them from getting injured. 367. Unloading for rest, water and feeding. Before accepting live stock manifests it should be seen that the time of loading has been properly noted thereon. Stock must not be confined in the cars for a longer period than provided for by law without unloading for rest, water and feeding. (See paragraph 323). 368. Men in charge. The passes of men in charge of live stock, when such passes are used, must be examined to see that they are properly made out and signed by a duly authorized official ; and they must be taken up at the end of the trip, and accounted for, as directed by special instructions. Where . the authority for carrying men in charge is given in the mani- fests or live stock contracts, it must be seen that such persons only as are designafed therein are carried under that authority. ^ APPBNDIX. THE ACT TO REGULATE COMMERCE. As amended March 2, 1889, and February 10, 1891. Carriers and Be it enacted by the Senate and House of liepresentatives of transportation ., tt • i o ^ subject to the the United States of America in Congress assembled, That the act. . . provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement for a continuous carriage or shipment from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country : Pro- vided, however, That the provisions of this act shall not apply to the transportation of passengers or projxirty, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not ship- ped to or from a foreign country from or to any State or Territory as aforesaid. What the The term "Railroad" as used in this act shall include terms *'rail- ,, , . , , . road" a n d all bridges and ferries used or operated in connection with "trans port a- m j j tion " include, any railroad, and also all the roads in use by any corpora- tion operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term " transportation " shall include all instrumentalities of shipment or carriage. 157 158 APPENDIX. THE ACT TO REGULATE COMMERCE. 159 (I Cham's to ix" All char^'es made for any s.u'vicro rondert^d or to be rend- ered in the ti-anspDi-tution of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such projK^rty, shall l)e reasonable and just ; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. orYi" i " ^ t i'^*^" ^^^' ^' "^^^^ ^^ ^"^ common carrier subject to the provis- lorbidden. ions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passen- gers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and conterajjoraneous service in the transporta- tion of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. ^ Undue or un- Sec. 3. That it shall be unlawful for any common carrier preference or subject to the provisions of this act to make or ffive anv aavuntage for- ° ^ bidden. undue or unreasonable pi-eference or advantage to any particular person, company, firm, corporation, or locality, or any par- ticular desci-iption of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any par- ticular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatever. inferehaiSe*^of ^^^^''^ common carrier subject to the provisions of this traffic. act shall, according to their respective powers, afford all reasonable, pro^)er, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines ; but this shall not be con- strued as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business. shor^thaui^n? ^^'^' ^* "^^^^ ^^ ^^^^^ ^^ unlawful for any common carrier visions. subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar cir- cumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance ; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance : Provided^ however, That upon application to the Commission appointed under the provisions of this act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or prop- erty ; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this feection of this act. Pooling' of Sec. 5. That it shall be unlawful for any common carrier fi-elKbts and , . . division of subject to the provisions of this act to enter into any con- Burning's for- bidden, tract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of siich railroads, or any portion thereof: and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense. Printing and Sec. 6. {As amended). That every common carrier subject posting "f , ., . . f ... . , 1, schedules of to the provisions of this act shall print and keep open to and charges. ' public inspection schedules showing the rates and fares and chai'ges 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 classifica- tion 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 or 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 thfi public shall be posted in two public and conspic- uous 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 conven- iently inspected. i6o ni\i APPENDIX. P o s 'ui"f "o? ^"^ common carrier subject to the provisions of this act mSlonnviKhf receiving freight in the United States to be carried through SKh'i''foroiKn ^ ^'"''''^° country to any place in the United States shall country. also in like manner print and keep open to public inspec- tion, at every depot or office where such freight is received for ship- mens, 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. PuT.lic illico ^"^ ^d^'^nce shall be ma^e in the rates, fares, and charges rafes'^yS^^'b" "^^'""^ ^^^^ ^^^"^ established and published as aforesaid by given. 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, pJblfc^ no?S ^''''''^' '''* charges shall only be made after three days' ?ate'i"''to "bS P''^;''^^"'*^ P"^^i*^ notice, to be given in the same manner that teiven. notice of an advance in rates must be given. rafesnot tob2 ^""^ "^^'^^ any such common carrier shall hare estab- deviated from. Hshed and published rates, fares, and charges in compli- ance 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 service in connection therewitli, than is specified in such published schedule of rates, fares, and charges as may at the time be in force. schedules oJ ^'^^''^ '''''"°'''" ''*^"^'* '"^J^^* ^ ^^^ provisions of this rates,fare8,ancl ^^ shall file with the Commission hereinafter urovidftd ttled with Com- ^^^ ^^P^®« ^^ i<^8 schedules of rates, fares, and charges which mission. have been established and published in compliance with the THE ACT TO REGULATE COMMERCE. I6l requirements of this section, and shall promptly notify said Commission of all changes made in the same. Every such common carrier shall also Copies of con- file with said Commission copies of all contracts, agree- tracts and agreements to ments, or arrangements with other common carriers in be filed with , . Commission. 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 Joint tariffs establish joint tariffs of rates or fares or charges for such to be filed with . Commission, 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 Commission *to ^^de public by such common carriers when directed by licity" ^" ^ s^i^ 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. Tendaj's'no- No advance shall be made in joint rates, fares,and charges, tice to Com- , ...... mission of ad- shown upon joint tariffs, except after ten days' notice rat°e8!fire8and ^ ^^® Commission, which shall plainly state the changes pro- cliarges. posed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect. No reduc- tion shall be made in joint rates, fares, and charges, except after Three days' three days' notice, to be given to the Commission as is notice to Com- ^ ■> o mission of re- above provided in the case of an advance of joint rates. d u c t i o n in . joint rates, The Commission may make public such proposed advances, charges. ^^ such reductions, in such manner as may, in its judg- Co^^nJis^ion ^o *^®"*' ^ deemed practicable, and may prescribe from time make advances to time the measure of publicity which common carriers •or reductions public. shall give to advances or reductions in joint tariffs. Joint rates. It shall be unlawful for any common carrier, party to anj?^ f&.l!*(58 fl.Ild charges'not to joint tariff, to charge, demand, collect, or receive from any bedeviated from. 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 i . I'. I'' k 1 62 APPENDIX. is named thereon than is specified in the schedule filed with the Com- mission in force at the time. mayTcL'Jlbo . ^'"' ^""""'^^'O" "nay determine and prescribe the form .'1^0"/ mt™ '" "^""^ '»>« s«hed"leH required by this section to be Icept ules of rates, r^n^n ♦« .,> i !• • . " "^ "'" ^^ ^ ^^ J open to public inspection shall be prepared and arranged '• find iiiiiv <.Viane -, , . v,- * ^ i.i- • • * damaged may aged by any common carrier subject to the provisions of complain to ^^-^^ g^^ ^^^y either make eomplaiijt to the Commission as Commission or •' f •• bring suit in hereinafter provided for, or may bring suit in his or their United States ^ » j fe courts. own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act, in any district or circuit court of the United States of competent jurisdiction ; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt. In any such action brought OflBcei-s, etc., for recovery of damages the court before which the same of defendant ,„, ,. , j-^^wt- may be com- shall be pending may compel any director, officer, receiver, tify. trustee, or agent of the corporation or company defendant in such suit to attend, appear and testify in such case, and may compel the production of the books and papers of such corporation or company party to any such suit ; the claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. H 164 APPENDIX. viSonf of ^^^' ^^' ^^^ (iriiernkd.) That any common carrier subject their'offlJeraS ^'' ^^^ Provisions of this act, or, whenever such common SSS" imprSS! ''*''"®'* ^^ * corporation, any director or officer thereof, or ment. any receiver, trustee, lessee, agent, or person, acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall willingly suffer or permit to be done, any act, matter, or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall willfully omit oi- fail to do any act, matter, or thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter, or thing so directed or required by this act to be done not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any district court of the United States within the jurisdiction of which such offense was committed, be subject to a fine of not to exceed five thousand dollars for each offense : Provided, That if the offense for which any person shall be convicted as aforesaid shall be an unlawful discrimination in rates, fares, or charges, for the transpor- tation of passengers or property, such person shall, in addition to the fine hereinbefore provided for, be liable to imprisonment in the peniten- tiary for a term of not exceeding two years, or both such fine and imprisonment, in the discretion of the court. faf^TiVn n K** "^"^ common carrier subject to the provisionsof this act, fhelroffiee^T; ""'*' whenever such common carrier is a corporation, any agfl" impSson' ''^''^'* '''* ^^^'"^ ^^^^•^^^' ^^ ^">^ I^«^««" ^^^''^S ^or or em- meut. ployed by such corporation, who, by means of false billing, false classification, false weighing, or false report of weight, or by any other device or means, shall knowingly and willfully assist, or shall willingly suffer or permit any person or persons to obtain transportation for property at le^ than the regular rates then established and in force on the line of transix)rtation of such common carrier, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offense. THE ACT TO REGULATE COMMERCE. 165 Penalties for Any person and any officer or agent of any corporation false billing, ,. .#^ ^i.- etc., by ship- or company who shall deliver property for transportation pens and other . , . , . . * .1 • 4. persons : Fine to any common carrier subject to the provisions of tnis act, and imprison- , , . . la- ment, or for whom as consignor or consignee any such carrier shall transport property, who shall knowingly and willfully, by false bill- ing, false classification, false weighing, false representation of the con- tents of the package, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent or agents, obtain transportation for such property at less than the regular rates then established and in force on the line of transpor- tation, shall be deemed guilty of fraud, which is hereby declared to be a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject for each offense to a fine of not exceed- ing five thousand dollars or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court. inducfrlff^com- ^^ ^"^ ^"^^ person, or any officer or agent of any such ™ di8cr?minate corporation or company, shall, by payment of money or and"1mp'ri8on^ other thing of value, solicitation, or otherwise, induce any liabHi^V ^with common carrier subject to the provisions of this act, or any damatrS*^ ^°^ of its officers or agents, to discriminate unjustly in his, its, or their favor as against any other consignor or consignee in the trans- portation of property, or shall aid or abet any common carrier in any such unjust discrimination, such person or such officer or agent of such corporation or company shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of com- petent jurisdiction within the district in which such offense was com- mitted, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentiary for a term not exceeding two years, or both, in the discretion of the court, for each offense ; and such person, corporation, or company shall also, together with said common carrier, be liable, jointly or severally, in an action on the case to be brought by any consignor or consignee discriminated against in any court of the United States of competent jurisdiction for all damages caused by or resulting therefrom. Sec. 11. That a Commission is hereby created and established to be U If f h Vri-" Mt 1 66 APPENDIX. Com^mVr^cc ^"«^" »« ^^e Inter-State Commerce Commission, which eS-"how' apl '^^^^ ^ composed of five Commissioners, who shall be pointed. appointed by the President, by and with the advice and consent of the Senate. The Commissioners first appointed under this CoTnmiSi«ne''r8' ^^ '^'''^^ continue in oflico for the term of two, three, four, • five, and six years, respectively, from the first day of Jan- uary, anno Domini eigrhteen hundred and eij^hty-seven, the term of each to be designated by the President ; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired time of the Commissioner whom he shall succeed. Any Commissioner may be removed by the President for inefficiency, negrlect of duty, or malfeasance in office. Not more than three of the Commissioners shall be appointed from the same political party. No person in the employ of or holding any official rela- tion to any common carrier subject to the provisions of this act, or own- ing stock or bonds thereof, or who is in any manner pecuniarily inter- ested therein, shall ent^r upon the duties of or hold such office. Said Commissioners shall not engage in any other business, vocation, or employment. No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commis- sion. Com"r^t^ion "to ^^^^' ^- ^^^ amended.) That the Commission hereby cre- ffiessofcir" ^^^^ *^^^^^ ^^'^^^ authority to inquire into the management ^•*'''«- of the business of all common carriers subject to the pro- visions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the ri<.ht to obtain from such common carriers full and complete information "neces- sary to enable the Commission to perform the duties and carry out the reyi^i?;Tto ^^J^^^^ ^«^ ^^^^^'h it was created ; and the Commission is pml Ksions ^of ^^^^^^ authorized and required to execute and enforce the the act. provisions of this act; and, upon the request of the Com- mission, it shall be the duty of any district attorney of the United States to whom the Commission may apply to institute in the proper court and to prosecute under the direction of the Attorney-General Proceedings, of the United States all necessary proceedings for the enforcement of the provisions of this act and for the punishment of all pro^ctltio^r' '^''''^*'^"' ^^^"^^f' ^"^ ^h« «««t« and expenses of such prosecution shall be paid out of the appropriation for the THE ACT TO REGULATE COMMERCE. 167 expenses of the courts of the United States ; and for the purposes of this CtmfnJ^fSion °o ^^^ ^^^ Commission shall have power to require, by sub- daictf and"t^"' ^^'^^' ^^® attendance and testimony of witnesses and the ilT"'^' ^I '^'^- P^'oduction of all books, papers, tariffs, contracts, agree- nesses and pro- x 1 ? i ■> & doeum^'t "^ ™®^^s, and documents relating to any matter under evidence. investigation. Attendance Such attendance of witnesses, and the production of such fn"the"uDited ^^^"'"^"^ary evidence, may be required from any place in states. the United States, at any designated place of hearing. iJ^uhp^n^'^s- ^"^ ^" ^^^® o^ disobedience to a subpoena the Commission,' mfs^iom ^""' ^^ a"y party to the proceeding before the Commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section. Power of U. And any of the circuit courts of the United States within courts to order ^^^ jurisdiction of which such inquiry is carried on may, wifn'i^s^tifap- ^" ^^^ ^^ contumacy or refusal to obey a subpoena issued pear and testi- to any common carrier subject to the provisions of this fy or punish ^ for contempt, act, or other person, issue an order requiring such common carrier or other person to appear before said Commission (and produce books and papers if so ordered) and give evidence touching the matter in question ; and any failure to obey such order of the court may be Testimony of punished by such court as a contempt thereof. The claim to ^be^^^usTd ^^at any such testimony or evidence may tend to criminate cHmhmi 'pro" ^^^ person giving such evidence shall not excuse such cee inff. witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal pro- ceeding. • Testimony by "^^^ testimony of any witness may be taken, at the eposi ion. instance of a party in any proceeding or investigation depending before the Commission, by deposition, at any time after a cause or proceeding is at issue on petition and answer. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or ■i 3 1 68 APPENDIX. judgre of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties nor interested in the event of the proceeding or investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposi- tion to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled miVb?^com!^'' *^^^*' ^"*^ ^^P^"^' ^"^ ^« P^*««^"^-« a documentary pelir^uS T. ^^i^«"««' i'^ the same manner as witnesses may be com- pose, pelled to appear and testify and produce documentary evidence before the Commission as hereinbefore provided. r>e positions, how taken. Every person deposing as herein provided shall be cau- tioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced U) writing, be sub- scribed by the deponent. howT^e?Tn " "" '''^"'''' ''^''^^ testimony may be desired to be taken foreign coun" ^^ deposition l)e in a foreign country, the deposition may tries. be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing, to Filing of de- ^ ^^®^ ^^^^ t^® Commission. All de[)ositions must be positions. promptly filed with the Commission. poHU'^wu: Witnesses whose depositions are taken pursuant to nosses. this act, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of fho United States. Sec. 13. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any body politic, Complaints ^r municipal organization complaining of anythine- done toCommission. «„^'*4.^ai., , "wuo How and by ^r omitted to be done by any common carrier subject to the wnora made. • • * ^^ . «- »v/ provisions of this act in contravention of the provisions thereof, may apply to said Commission by petition, which shall briefly state the facts ; whereui>on a statement of the charges thus made shall THE ACT TO REGULATE COMMERCE. 169 be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the Commission. If such Reparation common carrier, within the time specified shall make fore investiga- reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said Investiga- complaint, it shall be the duty of the Commission to inves- tions by the Commission, tigate the matters complained of in such manner and by such means as it shall deem proper. Said Commission shall in like manner investigate any complaint forwarded by the railroad commissioner or railroad commission of any State or Territory, at the request of such commissioner or commission, and may institute any inquiry on its own motion in the same manner and to the same effect as though complaint had been made. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. Findings of jjvm Co m m i 8 s i o n SEC. 14. (As amended. ) That whenever an investigation o r i tu ft f fl. c i 6 evidence in shall be made by said Commission, it shall be its duty to judicial pro- , . ... ceedings. make a report in writing in respect thereto, which shall in- clude the findings of fact upon which the conclusions of the Commission are based, together with its recommendation as to what reparation, if any, should be made by the common carrier to any party or parties who may be found to have been injured ; and such findings so made shall there- after, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of. Reports and The Commission may provide for the publication of its re- declsions. Au- . j -, • • • v * a , , thorized publi- ports and decisions in such form and manner as may be best cationtobe competent evi- adapted for public information and use, and such authorized publications shall be competent evidence of the reports and I I' s 4 I70 APPENDIX. If I i; decisions of the Commission therein contained, in all courts of the and'^^dlstniT- ^""'^^ ^^*^^^'' ^"^ ^^ *h« «^^eral States, without any r^porTsoTcoml ^"'*^^' ^"^^ ^" authentication thereof. The Commission Tnnua"' re rt""^^ *^'*'' ""^"^^ ^'^ ^ ^""^^"^ ^'''* *'^'*^-^ distribution its Sec. 15. That if in any case in which an investigation shall be made by said Commission it shall be made Uy appear to the satisfaction of the Commission, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the pro- visions of this act, or of any law cognizable by said Commission, by any common carrier, or that any injury or damage has been sustained by the party or parties complaining, or by other parties aggrieved in con- sequence of any such violation, it shall be the duty of the Commission to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to common %ar- ^®^«« «"^ Resist from such violation, or to make reparation fJ-om WolSio'S ^""^ ^^^ ^"J"^3^ so found to have been done, or both, within of act. a reasonable time, to be specified by the Commission ; and if, within the time specified, it shall be made to appear to the Com- mission that such common carrier has ceased from such violation of law Comphance „„n ^ „ j .. - v/x *«»», with notice to ^nd has made reparation for the injury found to have been C6as6 from /i-._ • ,. . violation of ^o°e, m compliance with the report and notice of the Com- ae t. Repara- ,^ • • . , ■«^v7iu tion. mission, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the Commission, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law. Petit ion to 0^,^ lo / ^ ^ •. v United States ^EC. 16. {As amended.) That whenever anv common courts in cases „„„ • j « , . v.v^xxiujl;u of disobedience carrier, as defined in and subject to the provisions of this Commission.** ^-^t, shall violate, or refuse or neglect to obey or perform any lawful order or requirement of the Commission created by this act, not founded upon a controversy requiring a trial by jury, as provided by the seventh amendment to the Constitution of the United States, it shall be lawful for the Commission, or for any company or person interested in such order or requirement, to apply in a summary way, by petition, to the circuit court of the United States sitting in equity in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or require- ment shall happen, alleging such violation or disobedience, as the case THE ACT TO REGULATE COMMERCE. 171 may be ; and the said court shall have power to hear and determine the matter, on such short notice to the common carrier complained of as the court shall deem reasonable ; and such notice may be served on such common carrier, his or its officers, agents, or servants in such manner as United Vtates ^^® court shall direct ; and said court shall proceed to hear and^dlte°rmfne ^^^ determine the matter speedily as a court of equity, and bedlence. ^^'^' without the formal pleadings and proceedings applicable to ordinary suits in equity, but in such manner as to do justice in the premises ; and to this end such court shall have power, if it think fit, to direct and prosecute in such mode and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition ; and on such hearing the findings of fact in the report of said Commission shall be prima facie evidence of the matters therein stated ; and if it be made to appear to such court, on such hearing or on report of any such person or persons, that the lawful order or requirement of said Commission drawn in question has been violated or disobeyed, it shall be lawful for such court j un'cUon o^r *^ issue a writ of injunction or other proper process, manda- HK^ains^t^af-- ^^^ ^^ Otherwise, to restrain such common carrier from di8S)ed?eSce?^ further continuing such violation or disobedience of such order or requirement of said Commission, and enjoining obedience to the same ; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such for^ refusai^to court to issue writs of attachment, or any other process of ?i!jKinctioi^ ol s^id court incident or applicable to writs of injunction or pro^t'ei:^ fS^ other proper process, mandatory or otherwise, against such common carrier, and if a corporation, against one or more of the direct- ors, officers, or agents of the same, or against any owner, lessee, trustee, receiver, or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise ; and said court may, if it shall think fit, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money, not exceeding for each carrier or person in default the sum of five hundred dollars for every day, after a day to be named in the order, that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or other- wise ; and such moneys shall be payable as the court shall direct, either to the party complaining or into court, to abide the ultimate decision of the court, or into the Treasury ; and payment thereof may, without !72 APPENDIX. THE ACT TO REGULATE COMMERCE. II m t prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner IpVeau'^tr ^^^ ^^^° recovered by a final decree in personam in such of ^[h™tFS *^^"^*' ^^^" *^® subject in dispute shall be of the value of the United * ♦ *. ' ^^ ^^^ thousand dollars or more, either party to such pro- States. ceeding before said court may appeal to the Supreme Court of the United States, under the same regulations now provided by law in respect of security for such appeal ; but such appeal shall not operate to stay or supersede the order of the court or the execution of any writ or process thereon ; and such court may, in every such matter, order the payment of such costs and counsel fees as shall be deemed reasonable. Whenever any such petition shall be filed or presented by the Commission it shall be the duty of the district attorney, under the direction of the Attorney- General of the United States, to prosecute the same ; and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. If the matters involved in any such order or requirement of said Commission are founded upon a controversy requiring a trial by jury as provided by the seventh amendment to the Qonstitution of the United States, and any such common carrier shall violate or refuse or neglect to obey or perform the same, after notice given by said Commission as provided in the fifteenth section of this act, it shall be lawful for any company or person interested in such order or requirement to apply in a U^i^'ci H'tSt'^ '"^""^"^ ^*y ^y P«^i^i«" ^« the circuit court of the United SHSoVe'SI! States sitting a^ a court of law in the judicial district in ITfun'sn^- "'^'''^ ^^^ ^^'"^^" c^^Pl^ined of has its principal office, or essary. in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience as the case may be; and said court shall by its order then fix a time Ind place for the trial of said cause, which shall not be less than twenty nor more than forty days from the time said order is made, and it shall be the duty of the marshal of the district in which said proceeding is pending to forthwith serve a copy of said petition, and of said order upon each of the defendants, and it shall be the duty of the defendants to file their answers to said petition within ten days after the service of the same upon them as aforesaid. At the trial the findings of fact of said Commission as set forth in this report shall be prima facie evidence of the matters therein stated, and if either party shall demand a 173 Trial by jury, jury or shall omit to waive a jury the court shall, by its order, direct the marshal forthwith to summon a jury to try the cause : Trial by ^"^ if all the parties shall waive a jury in writing, then the court shall try the issues in said cause and render its judgment thereon. If the subject in dispute shall be of the value of two Appeals to thousand dollars or more either party may appeal to the SupremeCour^ g^p^^^^ ^^^^.^ ^^ ^^^ United States, under the regulations States. now provided by law in respect to security for such appeal : but such appeal must be taken within twenty days from the day of the rendition of the judgment of said circuit court. If the judgment of the circuit court shall be in favor of the party complaining, he or they shall Counsel or be entitled to recover a reasonable counsel or attornev's attorney' 8, , fees. fee, to be fixed by the court, which shall be collected as part of the costs in the case. For the purposes of this act, excepting its penal provisions, the circuit courts of the United States shall be deemed to be always in session. Sec. 17. [As amended.) That the Commission may conduct its pro- ceedings in such a manner as will best conduce to the proper dispatch of cim^mlrlfl business and to the ends of Justice. A majority of the ForS^f'pricel Commission shall constitute a quorum for the transaction dure. of business, but no Commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. Said Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party may appear before said Commission and be heard, in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. Said Comission shall have an official Official seal, seal, which shall be judicially noticed. Either of the members of the Commission may administer oaths and affirmations, and sign subpoenas. Salaries of Commission- Sec. 18. {As amended.) That each Commissioner shall ers, receive an annual salary of seven thousand five hundred dollars, payable in the same manner as the judges of the courts of the Secretary United States. The Commission shall appoint a secretary, —how appoint- , , ,, . , , . , ed; salary. who shall receive an annual salary of three thousand five 174 APPENDIX. hundred dollars, payable in like manner. The Commission shall have authority to employ and fix the compensation of such other employees as it may find necessiiry to the proper performance of its duties. Until otherwise supp^ie^' *°^ provided by law, the Commission may hire suitable offices for its use, and shall have authority to procure all neces- ^^it nesses' ^ary office supplies. Witnesses summoned before the Com- ^- mission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. th!itrmmi'J "^^ ^^ the expenses of the Commission, including all 8ion-how paid, necessary expenses for transportation incurred by the Com- missioners, or their employees under their orders, in making any investi- gation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission. fl r;'"ST"t he ^*''^- ^'- '^^^^ '^^ principal office of the Commission Commissiou. shall be in the city of Washington, where its general sessions shall be held ; but whenever the convenience of the public or th?"t'om m is' *^^ P^''*^^^ "^^y be promoted or delay or expense prevented «ion. thereby, the Commission may hold special sessions in any part of the United States. It may, by one or more of the Commissioners prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act. jec?^^\r act- ^^''- '^- '^^^^ '^" Commission is hereby authorized to Turannuafre' '^"^""'^ ^"""^^ '^^'*' ^"'''^ ^^^ ^^'"^^^ ^^^^^^"-^ subject to ports to Com- ^^^ Provisions of this act, to fix the time and prescribe the mission. manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the Com- mission may need information. Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same ; the dividends paid, the surplus fund If any, and the number of stockholders ; the funded and floating debtJ and the interest paid thereon ; the cost and value of the carrier's prop- erty, franchises, and equipments; the number of employees and the salaries paid each cla^s ; the amounts expended for improvements each year, how expended, and the character of such improvements ; the earn- ings and receipts from each branch of business and from all sources • the THE ACT TO REGULATE COMMERCE. 175 >1 operating and other expenses ; the balances of profit and loss ; and a complete exhibit of the financial operations of the carrier each year, including an annual balance-sheet. Such reports shall also contain such information in relation to rates or regulations concerning fares or freights, or agreements, arrangements, or contracts with other common carriers, as the Commission may require ; and the said Commission may, within its discretion, for the purpose of enabling it the better to carry may ^resSibe ^"^ *^® purposes of this act, prescribe (if in the opinion of methods of the Commission it is practicable to prescribe such unifor- keeping ac- * counts. mity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept. Annual re- SEC. 21. (As amended.) That the Commission shall, on portu of the ^j. ^fop^ ^he first day of December in each year, make a Commission to '^ J t ""^^ «* CoDKress. report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the Commission may deem necessary ; and the names and compensation of the persons employed by said Commission. Pei-sons and SEC. 22. {As amended). That nothing in this act shall property that ^ ^. . ^ , ,,. may be carried prevent the carriage, storage, or handling of property free rates. or at reduced- rates for the United States. State, or muni- cipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies, and the necessary Mileage, ex- agents employed in such transportation, or the issuance cu rsion, or . commutation of mileage, excursion, or commutation passenger tickets; tickets. nothing in this act shall be construed to prohibit any com- mon carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors' Orphan Homes, including those about to enter and these returning home after discharge, under arrange- », 1 1 l|; 176 APPENDIX. ments with the boards of managers of said homes ; nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers and employees, or to prevent the principal officers of any f r^ee' frlSs*! ''^'^''''^^ company or companies from exchanging passes or SfflclVJ''SnS ^'"'^''^^ ^'^^ ''^^^'' ^•«il»'o*^d companies for their officers and . mnfoad^^m! employees; and nothing in this actcontained shall in any way Tending liti- *^"^S:e or alter the remedies now existing at common law f ffec'ied^by ""'' ^^ Statute, but the provisions of this act are in addition act. to such remedies : Provided, That no pending litigation shall in any way be aflFected by this act. Jurisdiction . tlj^ ,. , ^, 5.L«F ° ^ ^ ^^ ^ "" section). That the circuit and district courts of the ouiijcs courts TT 'A. J rj. of^rcmirtor' t>tates shall have jurisdiction upon the relation of rammaidVi''' ""^ P"™"" '"' Persons, Hrm, or corporation, alleging such on "t°e?SaM ''''''''"*'° ^^ * common carrier, of any of the provisions of furSshPn/o? ""* ""* '■° "'''°'' *'° '*' * '"??'«•"<">•■ ""d all acts amenda- ??a'L.po«St?on '""^^ "'«'"«"f' as prevents the relator from having int«r- racilities. °° 8tat« traffic moved by said common carrier at the same rates a« are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and trans- port the traffic, or to furnish cars or other facilities for transportation or the party applying for the writ: Provim, That if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremp- tory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the determination of the question of fact : ProtiVJed, That the remedy hereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this act or the act to which it is a supplement. EXTRACTS FROM THE RBYISHD STATUTES OF THE UNITED STATES RelatlYe to Distilled Spirits and Fermented Liquors. Sec. 3.320 R. S. Whenever any cask or package of rectified spirits containing five wine-gallons or more is filled for shipment, sale, or de- livery, on the premises of any rectifier who has paid the special tax re- quired by law, it shall be the duty of the United States ganger to gauge and inspect the same, and to place thereon an engraved stamp, signed by the collector of the district and the said ganger, which shall state the date when affixed, and the number of proof-gallons, and shall be as follows : STAMP FOR RECTIFIED SPIRITS No Issued by collector district, State of rectifier of spirits in the district, State of 18...., proof-gallons. United States Ganger. Sec. 3324 R. S. Every person who empties or draws off, or causes to be emptied or drawn off, any distilled spirits from a cask or package bearing any mark, brand, or stamp, required by law, shall, at the time of emptying such cask or package, efface and obliterate said mark, stamp, or brand. Every such cask or package from which said mark, brand, or stamp is not .effaced and obliterated as herein required, shall be forfeited to the United States, and may be seized by any officer of Internal revenue wherever found. And every railroad company or other transportation company, or person who receives or transports, or has In possession with intent to transport, or with intent to cause or procure to be transported, any such empty cask or package, or any part thereof, having thereon any brand, mark, or stamp, required by law to be placed on any cask or package containing distilled spirits, shall forfeit three hundred dollars for each such cask or package, or any part thereof, so received or trans- ported, or .had In possession with the Intent aforesaid ; and every boat, railroad-car, cart, dray, wagon, or other vehicle, and all horses and other animals used In carrying or transporting the same, shall be forfeited to the United States. Every person who falls to efface and obliterate said mark, stamp, or brand, at the time of emptying such cask or package, or 177 178 APPENDIX. any part thereof, with the intent aforesaid, or who transports the same or knowingly aids or assists therein, or who removes any stamp provided by law from any cask or package containing, or which had contained distilled spirits, without defacing and destroying the same at the time of such removal, or who aids or assists therein, or who has in his possession any such stamp so removed as aforesaid, or has in his possession any canceled stamp, or any stamp which has been used, or which pur- ports to have been used, upon any cask or package of distilled spirits, shall be deemed guilty of a felony, and shall be fined not less than five hundred dollars nor more than ten thousand dollars, and imprisoned not less than one year nor more than five years. Sec. 3327 R. S. No person shall remove any distilled spirits at any other time than after sun-rising and before sun-setting in any cask or package containing more than ten gallons from any premises or building in which the same may have been distilled, redistilled, rectified, com- pounded, manufactured, or stored ; and every person who violates this provision shall be liable to a penalty of one hundred dollars for each cask, barrel, or package of spirits so removed; and said spirits, together with any vessel containing the same, and any horse, cart, boat, or other conveyance used in the removal thereof, shall be forfeited to the United States. Sec. 3339 R. S. There shall be paid on all beer, lager beer, ale, porter, and other similar fermented liquors, brewed or manufactured and sold, or removed for consumption or sale, within the United States, by what^ ever name such liquors may be called, a tax of one dollar for every barrel containing not more than thirty-one .gallons ; and at a like rate for any other quantity or for any fractional part of a barrel. In estimating and computing such tax, the fractional parts of a barrel shall be halves, thirds, quarters, sixths, and eighths; and any fractional part of a barrel containing less than one-eighth shall be accounted one- eighth ; more than one-eighth, and not more than one-sixth, shall be ac- counted one-sixth ; more than one-sixth, and not more than one-fourth, shall be accounted one-fourth ; more than one-fourth, and not more than one-third, shall be accounted one-third ; more than one-third, and not more than one-half, shall be accounted one-half; more than one-half, and not more than one barrel, shall be accounted one barrel ; and more . than one barrel, and not more than sixty-three gallons, shall be accounted two barrels, or a hogshead. IMPORTED LIQUORS. 179 Sec. 3342, R. S., as amended by Act of March 3, 1875 (18 Stat, 484). That every brewer shall obtain, from the collector of the district in which his brewery or brewery-warehouse is situated, and not otherwise unless such collector shall fail to furnish same upon application to him, the proper stamps, and shall affix upon the spigot-hole in the head of every hogs- head, barrel, keg, or other receptacle in which any fermented liquor is contained, when sold or removed from such brewery or warehouse (ex- cept in case of removal under permit,) a stamp denoting the amount of the tax required upon such fermented liquor, which stamp shall be de- stroyed by driving through the same the faucet through which the liquor is to be withdrawn, or an air-faucet of equal size, at the time the vessel is tapped, in case the vessel is tapped through the spigot-hole (of which there shall be but two, one in the head and one in the side,) and shall, also, at the time of affixing such stamp, cancel the same by writing or imprinting thereon the name of the person, firm, or corpora- tion by whom such liquor was made, or the initial letters thereof, and the date when canceled. Sec. 3343, R. S. Whenever any brewer, cartman, agent for trans- portation, or other person, sells, removes, receives, or purchases, or in any way aids in the sale, removal, receipt, or purchase, of any fermented liquor contained in any hogshead, barrel, keg, or other vessel from any brewery or brewery warehouse, upon which the stamp, or permit, in case, of removal, required by law, has not been affixed, with knowledge that it is such, or on which a stamp, or permit, in case of removal, once can- celed is used a second time, he shall be fined one hundred dollars and imprisoned for not more than one year. imPORTCD I^IQUORS. . ^ Packages containing imported liquors must bear such stamps, brands, or marks, as are required by law and by the regulations of the Treasury Department. The stamps, brands, or marks, on empty packages w^hich have contained imported liquors must be obliterated or effaced at the time the liquors are drawn oflf, the same as in the case of domestic dis- tilled spirits. (20 Stal., 327 ; 21 Stat., 145). Merchandise must be transiwrtcd in bond in the original packages in which imported (Art. 721 General Treasury Regulations and R. S. 2980 and 3,000). I i8o APPENDIX. ¥ Unless entered for immediate transi)ortation without appraisement, imported liquors are gauged and the casks, vessels or cases branded or otherwise marked at the port of ori^^inal landing before removal from wharf. (R. S. 2882 and 2884, and 20 Stat. ;}42, section 11). Internal revenue skimps are not pla<3ed on imported liquors; and the practice of stamping with Internal Revenue stamps spirits and liquors reimported under the provisions of Sec. 2500, R. S., was discon- tinued by Treasury Department decision of Oct. 19, 1881. (Synopsis 5029). In the case of withdrawal for transportation customs stamps are not affixed by the United States Gauger until the arrival of the liquors at the port of destination or on withdrawal for consumption. (Synopsis De- cisions 4281 and 9099). EXTRACTS FROM THE REVISED STATUTES OF THE UNITED STATES Relative to Transportation ol Live Stock. Sec. 4380, R. S. No railroad company within the United States whose road forms any part of a line of road over which cattle, sheep, swine, or other animals are conveyed from one State to another, or the owners or masters of steam, sailing, or other vessels carrying or transporting cat- tle, sheep, swine, or other animals from one State to another, shall con- fine the same in cars, boats, or vessels of any description, for a longer period than twenty eight consecutive hours without unloading the same for rest, water and feeding, for a period of at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes. In estimating such confinement the time during which the animals have been confined without such rest on connecting roads from which they are received shall be included, it being the intent of this section to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon contingencies hereinbefore stated. Sec. 4387, R. S. Animals so loaded shall be properly fed and watered during such rest by the owner or person having the custody thereof, or in case of his default in so doing, then by the railroad company or owners or masters of boats or vessels transporting the same at the expense of the owner or jxirson in custody thereof ; and such company, owners, or masters shall in such case have a lien upon such animals for food, care EXTRACTS FROM REVISED STATUTES. I8l and custody furnished, and shall not be liable for any detention of such animals. Sec. 4388, R. S. Any company, owner, or custodian of such animals who knowingly and willingly fails to comply with the provisions of the two preceding sections, shall, for every such failure, be liable for and forfeit and pay a penalty of not less than one-hundred nor more than five- hundred dollars. But when animals are carried in cars, boats or other vessels in which they can and do have proper food, water, space, and opportunity to rest, the provisions in regard to their being unloaded shall not apply. EXTRACTS FROM THE REVISED STATUTES OF THE UNITED STATES Governing Steamboat Service. *Sec. 4278, R. S. It shall not be lawful to transport, carry, or convey, ship, deliver on board, or cause to be delivered on board, the substance, or article known or designated as nitro-glycerine, or glynoin oil, nitroleum or blasting oil, or nitrated oil, or powder mixed with any such oil, or fibre saturated with any such article or substance, upon or in any vessel or vehicle used or employed in transporting passengers by land or water. * * * * *Sec. 4279, R. S. It shall not be lawful to ship, send, or forward any quantity of the substances or articles named in the preceding section, or to transport, convey, or carry the same by vessel or vehicle of any descrip- tion upon land or water, unless the same shall be securely inclosed, de- posited, or packed in a metallic vessel surrounded by plaster of Paris, or other material that will be non-explosive when saturated with such oil or substance, and separate from all other substances, and the outside of the package containing the same be marked, printed, or labeled in a conspicuous manner with the words " Nitro-glycerine— dangerous." *Sec. 4472, R. S. No loose hay, loose cotton, or loose hemp, camphene, nitro-glycerine, naphtha, benzine, benzole, coal oil, crude or refined petro- leum,or other like explosive burning fluids,or like dangerous articles shall be carried as freight or used as stores on any steamer carrying passengers * * nor shall gunpowder be carried on any such vessel except under l82 APPENDIX. special licenses ; nor shall oil of vitriol, nitric or other chemical acids be carried on such steamers except on the decks or guards thereof, or in such other safe part of the vessel as shall be prescribed by the inspectors. * * Oil or spirits of turpentine may be carried on such steam- ' ers when put up in good metallic vessels, or casks or barrels, well and securely bound with iron and stowed in a secured part of the vessel ; and friction matches may be carried on such steamers when securely packed in strong, tight chests or boxes, the covers of which shall be well secured by locks, screws, or other reliable fastenings, and stowed in a safe part of the vessel at a secure distance from any fire or heat. *****»***♦» *Sec. 4475, R. S. All gunpowder, nitro-glycerine, caraphene, naphtha, benzine, benzole, coal-oil, crude or refined petroleum, oil of vitriol, nitric or other chemical acids, oil or spirits of turpentine, friction matches, and all other articles of like character, when packed or put up for shipment, shall be securely packed, and put separately from each other and from all other articles ; and the package, box, cask, or other vessel containing the same shall be distinctly marked on the outside, with the name or description of the article contained therein. *Sec. 4476, R. S. Every person who packs or puts up, or causes to be packed or put up for shipment, any gunpowder, nitro-glycerine, camphene, naphtha, benzine, benzole, coal-oil, crude or refined petroleum, oil of vit- riol, nitric or other chemical acids, oil or spirits of turpentine, friction matches, or other articles of like character otherwise than as directed by the preceding section, or who knowingly ships orattempts toship the same, or deliver the same to any such vessel as stores, unless duly packed and marked, shall be deemed guilty of a misdemeanor, and punished by fine not exceeding two thousand dollars, or imprisonment not exceeding eighteen months, or both ; one-half of the fine to go the informer, and the articles to be liable to seizure and forfeiture. *Sec. 6353, R. S. Every person who knowingly transports or delivers, or causes to be delivered, nitro-glycerine, nitroleum or blasting-oil, or nitrated oil, or powder mixed with any such oil, or fibre saturated with any such substance or article on board any vessel or vehicle whatever, employed in conveying passengers by land or water between any place in a foreign country and any place within the United States, or between a place in one State, Territory or district of the United States, and a EXTRACTS FROM REVISED STATUTES. 183 place in any other State, Territory or district thereof, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars ; one-half to the use of the informer. *Sec. 5354, R. S. When the death of any person is caused by the explo- sion of any quantity of such articles, or either of them, while the same is being placed upon any vessel or vehicle, to be transported in violation of the preceding section, or while the same is being so transported, or while the same is being removed from such vessel or vehicle, every per- son who knowingly placed or aided, or permitted the placing of such articles upon such vessel or vehicle, to be so transported, is guilty of man- slaughter, and shall suffer imprisonment for a period of not less than two years. *Sec. 5355, R. S. Every person who knowingly ships, sends or forwards any quantity of the articles mentioned in section fifty-three hundred and fifty-three, or who transports the same by any mode of conveyance upon land or water, between any of the places specified in that section, unless such articles be securely enclosed, deposited, or packed in a metallic vessel, surrounded by plaster of Paris, or other non-explosive material when saturated with such oil, and separated from all other substances, and the outside of the packages to be marked, printed or labeled in a conspicuous manner with the words " NlTRO-GLYCERlNE, DANGEROUS,'' shall be punished by a fine of not less than one thousand nor more than five thousand dollars ; one-half to the use of the informer. INDEX. A Ku • *.' Paragraph. ADDreviations not to be used for names of stations or agents 69 use of in describing freight iqo 133 " use of for " Care of," *' Order of," etc V. "' 181 Absence from duty 30 Accidents, thefts, losses, etc., reporting ok Accounts, etc kc Advancing charges "6 i 1 1 Agents, responsibilities of ........*.*.'.* * ii Articles found on tracks, etc * '. 63 64 Astray freight, forwarding, rates on, etc. i 95 249 281 Buildings, grounds, switches, etc., care of !.'!.*...!.. .63,66 Carding Cars. All cars to be properly carded at commencement of loading 154 Discrepancies between carding and billing * "159 Explosives and dangerous articles !!.!!!!.!... 156 Freight transferred en route 158 Merchandise in bond 291 Notations to be made on shipping orders and manifests.*.'.*.". .*. 157. 180 Old cards 117 159 l*erishable or time freight .................'..".'.'.'. '155 Point to which cars should be carded ........................[,., 157 Slip manifests and carding to agree i«q Way cars i ^* .'.*!.*!!!."]!!!!..'!!*.!! 154 Cars. it 4( Applying for. Promising ^^ Arriving with seals broken, defective or missing. 143 Dangerously loaded 210 Disabled or delayed in transit V. '.'.*.*.'.'.'.'.'.''.'.*. 206', *2Yl' 363 Distribution of U^ Economy to be exercised in use of 126 For freight liable to damage from water 121 *' grain, feed and other freight in bulk 121 hay, straw, cotton and other inflammable articles. 122 livestock 312 merchandise, flour, butter, cheese, eggs, etc! 119 tankage, fertilizers, petroleum, etc 1 20 Foreign or line, loading . . ' * Jjg Furnished to shippers 10 118 Inspection of '.*.*.*.V.".*.'.'.'.'.'.V.*.*1*0,* il?' 118 141 Left m transit or at stations having no agents. . . .' .'263F, 206! 356! 363 Lieft standing on side tracks, etc 66 362 Lining cars ; use of stoves, etc. ; men in charge . .'."..'.'.'.*. * 124 Not to be loaded beyond safe carrying capacity 127 Open or stock, use of for apples, vegetables, etc ! 123 Out of repair |V-' "o^jo Overloaded, receipting for, etc! !!!!!!!!!!!!!!!! ' 82 Placing for competing lines at junction poiritsVetc! ! ! ! ! ! ! ! ! ! ! ! ! ! ! *35 loading or unloading (57 * 995 Record to be kept of numbers and initials -^no '^okl n time of receipt and forwarding 207 INDEX. 185 Paragraph, Cars — continued. Refrigerator, cleaning, icing, etc 125 Refused by conductors 205 Reports 113 Special (refrigerator, heater, horse, etc.,) use of 45 Unauthorized persons not to be allowed to interfere with .66 Car service association rules to be observed 37 Cash book. Remittances 57 Changing destination or consignee 279-282 Checks, drafts, or notes, receiving in payment of charges, etc 59 Circulars, tariffs, etc., filing, posting, etc 51, 52 Claims. Basis of settlement for loss or damage 5 * Correction of overcharges by agents 333 Correspondence, tracers, etc., giving to consignees or shippers, . . ,53 Declension of; returning papers 53 Duplication of to be prevented ; record to be kept 50, 345 Examination of freight in case of damage or shortage, etc 246, 330 For loss by leakage 340 *' " or damage, concealed 339 " " *' " partial 338 " " " "• total 337 " overcharge in rate 335 " " " weight, count or measurement 336 *' rebate 335 " relief from charges 342 *' " " " on guaranteed shipments 343 *' switching, drayage, transfer, lighterage, dockage, hand- ling, cooperage, dunnage, etc 341 Freight short and afterwards received 344 Notations on envelopes enclosing claims 346 Preparation for examination, etc 331 Presented by shippers or parties other than consignees 334 Refusal of consignees to receive property, claiming overcharge, deficiency or damage 329 Unjust claims 332 Classification — instructions to be asked for in case of doubt 38 Collection of Charges. Agents held responsible for , 59 Demurrage or storage charges . . * 37, 44 Freight not to be delivered before payment of charges 254j In case of controversy 226 " " " an overcharge which may be apparent only 230 " " *' apparent undercharge 231 '* " '* shortage 265, 342 On freight destined to other lines 55 " " not duly accounted for, over, astray, etc 255 '* Government freight 112 *' guaranteed shipments, etc 343 " perishable freight sold for less than amount of charges 275, 342 Company's business and transactions of customers confidential 53 Competitors, doings of to be reported ; allowing use of company's facilities by 35 Complaints of patrons 36. 1 86 INDEX. (I (( u Paragraph. Conductors. Altering- manifests or slip manifests 350 Articles not to be taken charge of by 348 Care of freight, stowing, handling, etc Iib4 Car door fastenings, examination of 349 Cars disabled or out of repair 363 forwarded as ''empty" 349 improperly or unsafely loaded 349 left at stations or on sidings 362, 363 not to be left when possible to take forward ;U9 Correspondence 361 Delays and accidents 364 Delivery, checking and examining freight delivery 355, 356 Discrepancies as to car numbers or initials, etc 350 Entering name, and number of train, on manifests 350 Examining manifests 352 Failure of agents to furnish manifests 349, 350 Freight carried past destination 360 " for stations having no freight agents 356 ** from *' " " " " ...351 *' left in transit 363 '* over, short or damaged . . 357-360 Live stock, care of 366 men in charge of 368 not to be confined in cars beyond period prescribed by law 367 Makihg up trains. Moving cars 349 Manifests or slip manifests to accompany freight 350 Placing cars for loading or unloading, etc 67, 205 Refusal to take cars or freight 67, 205 Reporting neglected or forgotten cars 349 Reports and records 203a, 365 Responsibilities of conductors 347 Sealing cars 349 Transferring freight 212, 353, 363 Transmission of manifests 203 Correspondence, Etc. Books, etc., not to be opened to public inspection 53 Communications to treat of but one subject : delays in an- swering, etc 47 Copies of correspondence, corrections, reports, etc., to be kept 49 Copies of manifests, etc., furnishing 49, 50, 202 Dates, writing ()9 Filing correspondence, station records, etc 51 Not to be handed to shippers or consignees 53 Pen and ink to be used {See also Adcknda, page 200) 69 Record to be kept of reports, tracers, claims, issue of duplicate shipping receipts, duplicate expense bills, etc 50, 249 Requests for copies of tariffs, circulars, rate orders, etc 47 Tracers 48, 243, 244, 249 Use of telegraph 47 Credit, giving 59 Dating stamps, care of 61 Delivery of Freight. Allowing consignees to examine contents of packages or break car seals before making deliverv 260 INDEX. 187 Paragraph. Delivery of Yrieigut— continued. Bills of lading or shipping receipts to be retained 254i Bonds of indemnity to be required in doubtful cases, etc 256 Charges to be paid and property receipted for before re- moval 59, 254j Checking and examining freight 62, 262, 356 Date and time of delivery, receipts to show, etc 260 Delivering straight consignments 254a freight consigned to one party "In care of" an- other 254b freight consigned to one party * 'Notify" another 254c " " "To order" or "To order of shipper " 254d freight consigned *' To order " of a certain party 254e (( (4 t( (k U u or "To order of 44 44 (4 (4 t( shipper," " Notify " a certain party 254 F freight consigned " To order " of one party, " Notify " another party 254G freight consigned to express company 254H for stations having no agents 261, 356 in bond — See Merchandise in bond. " lighterage free, etc 44 over or not duly accounted for 241, 255 to connecting lines, ferry or lighterage companies, etc 258 freight to draymen or others 257, 258 ' ' parties other than original consignees, etc. , 279 " strangers; identification required 256 way freight 235, 355, 356 Delivery orders; renewal, etc 254, 257, 258 receipts 260, 270 Expense bills ; particulars to be given 263 Advanced charges 264 Cartage, storage, demurrage, icing charges, etc 269 Dating and receipting 263, 271 Divisions of through rates not to be shown 264 Duplicate expense bills, or copies. Furnishing blanks 50, 272, 273 Freight to be checked with expense bills 262 Goods short and afterwards received 263 In case of shortage 265 Notations referring to damage or shortage 264 Numbering 263 " Part lots " 267 Prepaid shipments 268 Separate expense bills to be made for each consignment 270 Weights 264 Special directions, when necessary, to be noted on manifests. .169, 173 Stopping delivery 278, 279 Demurrage or car service charges, etc 19, 37, 198 Describing freight; use of terms "Mdse.," "Fancy goods," etc 20h, 83, 102, 183 Distilled spirits and malt liquors to bear U. S. revenue stamps, etc. .15, 88 removal from distilleries, etc 89 stamps, etc. on empty packages to be removed or effaced 88 (4 14 4( 4( 4( (( 4( 44 44 (4 i88 INDEX. Paragraph. Divisions of rates ; instructions to be asked in case of doubt 38 *' " " not to be given to siiippers or consignees 42, 264 Dunnage 121 Duplication of claims, tracing, etc., prevention of 50, 345 Engineers and conductors to comply with agents' instructions as to station work 67, 205 Examination and Correction of Manifests. Adjustment of debits and credits 232 All manifests to be examined by forwarding and receiving All manifests to be examined at junction points 227, 228 Amount to be collected in case of an overcharge which may be apparent only 230 Amount to be collected in case of an apparent undercharge 231 Authority for corrections to be shown 215, 233 Canceling or changing destination of manifests 199, 215 Changing consignee or destination 279. 282 Correcting advanced charges 222, 223, 228G charges on refused shipments 226 " "to collect " 222, 228 errors as to consignee or destination 279 " " shipping directions, route, marking, etc 71,84,172, 227, 240 overcharges on "prepaid " shipments 225 prepaid charges 223-226 rates 221 undercharges on ' ' prepaid " shipments 224 weights 167, 229 Correction notices, accepted 217 copies to be retained 49 correcting 219 issuing 201, 214 not accepted 218 notations to be dated and signed 220 original figures not to be erased 216 particulars to be given in 215 record to be kept of 49, 50, 56 (( (( ii ii 4( (( n (( .1 u i( Explosives or Other Dangerous Articles. Carding cars containing 156 Forwarding, delivering, etc 146 Loading, stowing, etc 143-145 Marking 145 Over or uncalled for 146 Receiving 14, 90, 145 Separate place to be provided for; lights not to be allowed near 143, 145 Forwarding Cars and Freight. Prompt dispatch to be given 100, 204 Record to be kept of time of arrival and departure 207 Refusal of conductors to take cars or freight 205 Freight billed as marked or consigned, but not wanted 195 " to wrong consignee or destination 195,279 left in transit 203f, 206, 363 ti INDEX. 189 Paragraph. Freight put in store 283 " seized under legal process •.•"•. ^^^ *' stopping delivery of, changing consignee or destination,^ reshipping, returning, etc 195, 278-282 Freight Unclaimed, Uncalled for or Refused. Action to be taken by billing or forwarding agents 276 '* " '* receiving agents 274,275,277 Combustible or dangerous articles 146 Failure to receive orders for disposal 275, 277 Notice to be given of disposal 277 Perishable freight ^. • .275 Putting in store 18, 276, 283 Refusal on account of alleged loss, damage or overcharge — 274, 329 " " "■ '* charges 226 Bhirnishing lists of compan3''s officers or agents 54 " " " names, with particulars as to financial standing, etc 54 Government freight, advancing charges on Ill *' " delivery of, and collection of charges 112 ** *' preparing for shipment 110 " " receiving ; Government bills of lading 109 Grain doors, use of ; material for, etc 121 '* graded or not graded ; elevator or track delivery ; stopping off or milling in transit, etc 20e, 94, 184 " weights, receipting for 101 Guarantee or prepayment, articles required on 17, 76, 76 " neglect to require. Agents held responsible 73 ** on freight coming from other lines 73 Guarantees, acceptance of in lieu of prepayment 17 " and releases, execution of, etc. ; filing 20m, 71, 73 " collection of charges under 73, 343 Holding freight for rates or shipping orders 89 Icing cars — examination of iced cars, etc 125, 169 " charges if any to be provided for in receipts, etc 44 " '' entering on manifests and expense bills 198,269 Inspection of books, papers, etc., allowing 53 Instructions of superior officers to be complied with 34 " to be asked for in case of doubt 34, 38 Insurance, issuing shipping receipts or bills of lading covering 77 Laws, interstate and state to be complied with 52 Lighterage ; providing for extra charges ; free lighterage, etc 44, 194 Live Stock. Advanced charges on 321, 325 Animals to be tied or secured when in less than carloads 315 Cars not to be overloaded 308 Conditions under which carried 297 Contracts, execution of 301 Counting number of animals; entering on receipts, con- tracts, etc 316, 317 Delivery; discrepancies; stock refused or uncalled for 328 Double-decking or partitioning cars 313, 314 Examining cars 311 Expense of feeding and watering 325 Giving preference in case of scarcity of cars 115 Hay, straw, etc., loading in cars containing stock 327 190 INDEX. INDEX. 191 rt- hand Review. I have examined the books you sent me, with great interest, and think you have greatly improved and simpified the Pitman system.— Prof. Peter T. Austen. Ph D . F. C. S., of the Faculty of Rutger's College. Like all your other work, able and sincere.— Pro/. F. O. Morris. ffe' f^ ^Vf\ 'ii^ \^ % "* ferity* A^f ■MiSL-^ s^^ .%■ L,. .*. "^'vV'^i? -tn^ ^i*^«^ ' I '/If^'^ffi '«^^Ai:= /i'''t^ '^ ^'^V"^^' f^ «^A* ,^^ A^ ■-^^ V -D ,^if; ^;^i^ ■W' &*g.^'V ^^ i3j> i'w m '^ M^'^ ^. '^^ ^ END OF TITLE