nections be authorized to accept report of this ticket without revenue: Held, That the initial carrier must pay the cost of the return ticket. (Compare ruling 238; see rulings 113, 167, 266, and 277.)

January 4, 1910.

248. COLLECTION OF ESTABLISHED RATES ON RECALLED SHIPMENT.—A shipment had moved 150 miles from the point of origin before the consignor discovered that an error had been made in filling the consignee's order. On inquiry by telephone he was informed by the carrier's clerk that the car could be returned without extra charge; and thereupon the consignor requested its return for a correction of the loading. A part of the carload was exchanged, the shipment was again billed out and moved to destination: Held, That the Commission can not relieve the carrier from the obligation of collecting the published rates for all the movements actually made. (See rulings 237 and 433.)

249.

OUTBOUND CHARGES ON A SHIPMENT MAY NOT BE REFUNDED BY THE CARRIER AND CHARGED BACK AGAINST THE CONSIGNOR.-A shipment having been accepted by the consignee at destination and removed to his place of business was subsequently returned to the delivering carrier, the outbound charges were refunded and included in the return waybill as advance charges. Upon delivery of the returned shipment to the original consignor the return charges, as well as such advance charges, were demanded and collected: Held, That the published rate for the return movement was the only charge that carrier could lawfully exact from the original consignor.

250. DEMURRAGE ON CARLOAD SHIPMENT TRANSFERRED INTO TWO CARS.-(Amended and restated in ruling 357.)

January 10, 1910.

251. NO REPARATION ON BASIS OF RATE NOT FILED. (Restated in ruling 419.)

252. DESTRUCTION OF DOCUMENTS.-The destruction of canceled tariffs that have been posted at the stations of a carrier as required by law is not regarded by the Commission as an offense under section 20 of the act so long as a copy of the same tariff is preserved by the carrier in its general files. (See general orders of Commission relating to preservation and destruction of records.)

February 7, 1910.

253.

MISROUTING

THROUGH ERROR OF JOINT AGENT OF TWO CARRIERS.-A shipment originating on one line and not routed by the shipper reached a junction point with another line where a joint agent was maintained. Instead of delivering the shipment to the other line at that point, the joint agent permitted it to go forward on the originating line to another junction point with the second line, ever which route the charges were substantially higher than if the second line had taken the shipment at its first junction with the originating carrier: Held, That although the agent was a joint agent, he was, with respect to this shipment, acting as agent for the originating carrier, and the cost of his error should be borne by that line alone. (See ruling 286.)

254. NO REFUND ON THE BASIS OF A RATE NOT EFFECTIVE.-Through inadvertence a carrier quoted a northbound rate of 26 cents instead of a southbound rate of 29.5 cents. A sale having been effected on the basis of the rate quoted, application is made for authority to refund on that basis. Within a few months after the date of the movement the southbound rate was reduced to 17 cents: Held, That reparation on the basis of the northbound rate must be denied, but that an application for authority to refund on the basis of the subsequently established southbound rate would be entertained.

255. FREE TRANSPORTATION OF HOUSEHOLD GOODS OF EMPLOYEES.-Upon inquiry, Held, That a carrier can not lawfully transport free of charge and deliver to a connection the household goods of an employee who has left its service to accept a position with another carrier. (Reaffirming ruling 109; see also ruling 208b.)

256. THE LOWEST COMBINATION OF RATES IS THE LAWFUL CHARGES, IN THE ABSENCE OF A JOINT THROUGH RATE, ONLY WHEN BOTH FACTORS ARE FILED WITH THIS COMMISSION.-Upon a movement from a domestic point to a destination in Canada charges were assessed at a combination of rates both factors of which were on file with this Commission, but which made higher than another combination over the same route one factor of which was on file with the Canadian Commission but not with this Commission: Held, That the Commission can not award reparation on the latter combination. (See rule 5, Tariff Circular 18-A, also see ruling 262.)

257. COMMISSARY CAR OPERATED BY A CARRIER UNLAWFUL.-A carrier for 25 years has operated a commissary car making two trip monthly with a staple line of meats, groceries, and a restricted stock of shoes, overalls, and other wearing apparel. The sales are limited to employees of the company and their immediate families and are not made for cash, but on tickets signed by the company foreman showing the amount of wages due the holder. The purchases are limited to two-thirds of this amount: Held, That the practice is illegal.

Upon a subsequent further consideration of this inquiry it was Held, That the operation of such a car is in violation of the commodities clause of the act and also in violation of sections 2 and 3 in that such a practice unjustly discriminates against other persons who pay full tariff rates for the same service.

258. WAIVER OF UNDERCHARGES.-(Rescinded by ruling 472.)

259. FREE TRANSPORTATION FOR RED CROSS SOCIETY. Upon inquiry it was Held, That interstate carriers would not be in violation either of section 1 or section 22 in according free transportation to a car occupied by the American National Red Cross Society and its attendants when traveling for the purpose of giving courses of instruction looking to the prevention of accidents in mines and factories and on railroads and trolley lines, and of methods for first aid to the victims of such accidents, the car being used also for displaying approved safety appliances and illustrating methods followed in relief work.

260. THE CREDENTIALS OF EXAMINERS OF THE COMMISSION MUST BE HONORED BY CARRIERS WHETHER PRESENTED WITH OR WITHOUT SPECIAL LETTERS OF ADVICE.-While it has been the practice of the Commission when examining the accounts of interstate carriers though the board of examiners attached to the Bureau of Statistics and Accounts to give notice in advance to carriers, this is done for the convenience of the Commission and of the carriers and is not a requirement imposed upon the Commission by the law. The credentials of an examiner are all that is necessary to entitle him to free and full access to the carrier's records whether at its general offices or at a station or lesewhere, and the refusal to give access on the preseintation of such credentials by an examiner is in violation of the law. The Commission, except in special cases where another course is desirable, will continue to give previous notice of any such examination in writing, unless the refusal of the carriers to honor the credentials of examiners when presented without such notice shall make it necessary to withdraw the practice,

February 8, 1910..

261. DEMURRAGE ACCRUING BECAUSE OF CARRIER'S FAILURE TO NOTIFY CONSIGNEE.-Although the tariffs of a carrier provided that it would not accept shipments consigned to "Shippers's Order, Notify" where the party to be notified is not located at destination, it nevertheless accepted such a shipment, and because of its failure on the transfer billing to note the shipper's instructions to notify the consignee at a distant point demurrage accrued at destination: Held, That the claim has no standing except upon the carrier's admission that its tariff rule was unreasonable and a showing that it has been changed; and if presented under such conditions and acted upon. favorably, the order would require the maintenance of the newly established rule for a period of one year.

262. MISQUOTATION OF CANADIAN RATES.-Upon inquiry as to the rates on a locomotive "on cars, from a point in New York to a point in the Province of Quebec, the carrier quoted a rate to Sherbrooke and a 7-cent local rate beyond, at 20 per cent less than the actual weight. Charges were col

lected upon that basis and the carrier now applies to the shipper for payment of an undercharge arising out of the fact that the tariff naming the rate beyond Sherbroke contains no provision. for a deduction from the actual weight of the shipment. The shipper makes the point that the rate beyond Sherbrooke is a Canadian rate and that the domestic carrier is therefore not prohibited by the act from adjusting the charges on the basis of the rate quoted by it: Held, That it would be a violation of law to omit the collection of the undercharge. (Also see ruling 256.)

February 14, 1910.

263. FREE INTERSTATE TRANSPORTATION TO OFFICERS AND EMPLOYEES OF BRIDGE COMPANIES.-Upon inquiry by an interstate carrier whether free transportation may lawfully be accorded to the officers and employees of a bridge company which makes annual reports but files no tariffs and collects no charges from shippers or passengers: Held, That free transportation may not lawfully be accorded to the officers and and employees of a nonoperating company. (See ruling 95 and 355.)

The fact, subsequently developed, that trains move over the bridge only on signal and telegraphic orders by employees of the bridge company was held not to be sufficient ground for modifying the ruling.

264 CARLOAD MINIMUM UNDER A JOINT THROUGH RATE. A tariff named a joint through carload rate from A to D of $1 and provided that as to 30 cents of the rate the minimum weight should be 20,000 pounds and as to 70 cents of the rate the minimum should be 12,000 pounds. The Commission declined to entertain an informal request for reparation on the basis of that rate until the tariff was changed; and it was said that if the tariff were not changed a formal complaint would. be entertained: Held also, That where two or more carriers publish a joint through rate they must publish in connection therewith one carload minimum weight for the through movement under that rate. This ruling is not to be understood, however, as condemning the publication in joint tariffs and the use of through rates made up in combination on a specific base point