787, 33 Sup. Ct. 474, reversing same-styled case, 13 Ariz. 186, 108 Pac. 467. Elkins law requires tariff to be observed.— Hocking Valley Ry. Co. v. United States, 210 Fed. 735, 127 C. C. A. 285, affirming same-styled case, 194 Fed. 234; Sunday Creek Co. v. U. S., 210 Fed. 747. Applies to demurrage charges.-U. S. v. Erie R. Co., 209 Fed. 283. Expedited service illegal when privilege not shown in tariff.-Englemon v. Chicago, St. P., M. & O. Ry. Co., 210 Fed. 896; Chicago & A. R. Co. v. Kirby, 225 U. S. 155, 56 L. Ed. 1033, 32 Sup. Ct. 648. "In connection with" defined.-Kansas City-So. Ry. Co. v. C. H. Albers Commission Co., 223 U. S. 573, 56 L. Ed. 556, 32 Sup. Ct. 316. Charges must be paid in money.— Louisville & N. R. Co. v. Mottley, 219 U. S. 467, 55 L. Ed. 297, 31 Sup. Ct. 265, 34 L. R. A. (N. S.) 671; Chicago I. & L. R. Co. v. United States, 219 U. S. 486, 55 L. Ed. 305, 31 Sup. Ct. 272. See notes 31 L. R. A. (N. S.) 657, 38 L. R. A. (N. S.) 357, 55 L. Ed. 305. Separate statement of terminal charges. Int. Com. Com. v. Stickney, 215 U. S. 98, 54 L. Ed. 112, 30 Sup. Ct. 66.

Limitation of value in the tariff controls.-Boston & M. R. Co. v. Hooker, 233 U. S. 97, 58 L. Ed. 868, 34 Sup. Ct. 526. Purpose of section discussed.-Hamlen & Sons Co. v. Ill. C. R. Co., 212 Fed. 324, citing Clegg v. St. L. & S. F. R. Co., 203 Fed. 971, 122 C. C. A. 273; C. C. & St. L. R. R. Co. v. Hirsch, 204 Fed. 849, 123 C. C. A. 145, to the effect that any contract imposing a more burdensome liability than that stated in the tariffs is void. Points from and to which rates apply must be stated.-Rates on Slag, 34 I. C. C. 337.

Notes of Decisions Rendered Since 1915.

Section discussed as to separation of charges for different services.-Iron Ore Rate Cases, 41 I. C. C. 181, 203; American Paper & Pulp Asso. v. B. & O. R. R. Co., 41 I. C. C. 506, 512. Demurrage rates not given a retroactive effect.-Horton v. Tonopah & Goldfield R. Co., 225 Fed. 406. Counter claim for damages to goods not allowed in suit for freight charges. -Illinois C. R. Co. v. Hooper, 233 Fed. 135; Johnson Brown Co. v. D. L. & W. R. Co., 239 Fed. 590, 592. Contra, Wells Fargo & Co. v. Cuneo, 241 Fed. 727, 730. Lawful conditions of bills of lading filed with the Commission are as binding

as tariffs. Boston & M. R. R. Co. v. Piper, 246 U. S. 439, 62 L. Ed. 820, 38 Sup. Ct. 354.

Notes of Decisions Rendered Since 1920.

Commission had authority to require the Pullman Co. to file tariffs to collect surcharge for benefit of railroads.— Waters v. Pullman Co., 10 Fed. (2d) 622, 56 App. D. C. 57; certiorari denied, 270 U. S. 651, 70 L. Ed. 781, 46 Sup. Ct. 351. Carrier's intention as to applicable rate competent only to extent it is fairly expressed in language of tariff.-So. Pac. Co. v. Lathrop (C. C. A.), 15 Fed. (2d) 486; certiorari denied, 273 U. S. 742, 71 L. Ed. 869, 47 Sup. Ct. 336. Published rate must be charged regardless of whether it is lawful or not.Pacific Adjustment Co. v. Director-General, 93 I. C. C. 50; American Licorice Co. v. C., M. & St. P. Ry. Co., 95 I. C. C. 525.

§ 450. Regulations as to Printing and Posting Schedules of Rates for Freight Moving Through Foreign Countries from and to Any Place in the United States.-Any common carrier subject to the provisions of this Act receiving freight in the United States to be carried through a foreign country to any place in the United States shall also in like manner print and keep open to public inspection, at every depot or office where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States the through rate on which shall not have been made public, as required by this Act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production.

Paragraph (2) of Section 6. Paragraph as originally enacted. For annotations see next preceding section.

Posting for public inspection is not essential to make effective tariff duly filed with the Commission.-Berwind-White Coal Mining Co. v. C. & E. R. Co., 235 U. S. 371, 59 L. Ed.

275, 35 Sup. Ct. 131. Tariffs relating to import traffic.— United States v. Grand T. R. Co., 225 Fed. 283.

§ 451. No Change of Schedules of Rates Shall Be Made Without Notice.-No change shall be made in the rates, fares, and charges, or joint rates, fares, and charges, which have been filed and published by any common carrier in compliance with the requirements of this section, except after thirty days' notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection: Provided, That the Commission may, in its discretion and for good cause shown, allow changes upon less than the notice herein specified, or modify the requirements of this section in respect to publishing, posting and filing tariffs, either in particular instances or by a general order applicable to special or peculiar circumstances or conditions:

"Provided further, That the Commission is hereby authorized to make suitable rules and regulations for the simplification of schedules of rates, fares, charges, and classifications and to permit in such rules and regulations the filing of an amendment of or change in any rate, fare, charge, or classification without filing complete schedules covering rates, fares, charges or classifications not changed if, in its judgment, not inconsistent with the public interest.

Paragraph (3) of Section 6 of Interstate Commerce Act as amended by Act June 29, 1906, and as further amended, by adding the last proviso, by Transportation Act, 1920, Section 410. For original Act see, post, Section 455.

For administrative rulings, see Tariff Circular 20. Time to be computed from day that notice reaches the office of Commission. Circular March 23, 1889, 2 I. C. C. 656. Export rates cannot be varied from day to day to meet fluctuation.— New York Produce Ex. v. New York C. & H. R. R. Co., 3 I. C. C. 137, 2 I. C. R. 553.

Notes of Decisions Rendered Since 1909. Section stated as to power of the Commission to modify the requirements.-Franke Grain Co. v. I. C. R., 27 I. C. C. 625, 629.

Tariff Circular 18-A (superseded by Tariff Circular No. 20) construed.-Brown & Sons Lumber Co. v. L. & N. R. Co., 37 I. C. C. 507, 509.

§ 452. Names of All Carriers Parties to Schedules Must Be Specified. The names of the several carriers which are parties to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the Commission such evidence of concurrence therein or acceptance thereof as may be required or approved by the Commission, and where such evidence of concurrence or acceptance is filed it shall not be necessary for the carriers filing the same to also file copies of the tariffs in which they are named as parties.

New paragraph of Section 6 added by Act June 29, 1906, made par. (4) by Transportation Act, 1920.

Evidence of an agreement to a joint tariff should be a matter of record.-Re Form and Contents of Rate Schedules, 6 I. C. C. 267, 279, 4 I. C. R. 698, 702. Joint rate can only be made by concurrence or assent.-New York, N. H. & H. R. Co. v. Platt, 7 I. C. C. 323, 333.

For additional citations holding the schedule must be maintained as filed, see Dayton Coal & Iron Co. v. C. N. O. & T. P. Ry. Co., 239 U. S. 446, 60 L. Ed. 377, 36 Sup. Ct. 137, and cases cited therein.

§ 453. Carriers Shall File Contracts Relating to Traffic Arrangements. Every common carrier subject to this Act shall also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this Act to which it may be a party.

Paragraph (5) of Section 6 substantially as in original Act, the words "subject to this Act" being added by Act June 29,

Contracts and agreements for joint rates must be filed.— Tariff Circular 20. So must carriers' contracts for telephone and telegraph service.-Id. Express companies must likewise file contracts for joint rates.

§ 454. Commission May Prescribe Form of Schedules.— The Commission may determine and prescribe the form in which the schedules required by this section to be kept open to public inspection shall be prepared and arranged and may change the form from time to time as shall be found expedient. Paragraph (6), Section 6, of present Act, added March 2,

1889.

Tariff rules and regulations are issued by the Interstate Commerce Commission under authority of this paragraph. Charges should be clearly and definitely stated so that the public can easily determine the rate.-Colorado Fuel and Iron Co. v. So. Pac. Co., 6 I. C. C. 488, 518.

This is an administrative function of the Commission.Norfolk & S. R. Co. v. Chatman, 244 U. S. 276, 61 L. Ed. 1131, 37 Sup. Ct. 499.

§ 455. No Carrier Shall Participate in Interstate Commerce Unless the Charges Therefor Are Published, and No Such Carrier Shall Deviate from the Published Schedules.No carrier, unless otherwise provided by this Act, shall engage or participate in the transportation of passengers or property, as defined in this Act, unless the rates, fares, and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this Act; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs: