PART II-PREVENTION OF DISCRIMINATION CHAPTER XVII SCHEDULES OF RATES § 810. Provisions of the Act. 811. Scope of its policy. Topic A. Necessity of Filing Schedules § 812. What rates must be published. 813. Effect of scheduling rates. 814. Terminal and transit charges. 815. Rules and regulations. 816. What constitutes sufficient publication. 817. Where rates must be posted. 818. Posting distinguished from filing. 819. Consequences of failing to file. 820. No practice legal without tariff provision. 821. Devices to avoid the section. 822. Only scheduled rates legal. 823. Rate wars no excuse. Topic B. Departure from Published Rates § 824. Reparation for improper charges. 825. Certain technical points discussed. 826. Criminal liability for violation. 827. Essentials of the crime. 828. Requirements relating to filing. 829. Conclusive presumption of legality. 830. Of whom filing required. 831. Provisions cannot have retroactive effect. 832. Schedules working changes in rates. 833. Invalidity of varied rate. 834. Stipulations in bills of lading. 835. Limitations of legal obligations. Topic C. Joint Tariffs and Schedules § 836. Meaning of joint tariff. 837. Making and filing jointly. 838. What particulars must be published. § 839. Rates based upon combinations. 840. What combinations are justified. 841. Whether export rates must be filed. 842. Divisions and proportional rates. 843. Parties liable to prosecution. Topic D. Form of Schedules Required § 844. Clearness of statement. § 810. Provisions of the Act. The original section for the filing of schedules, added to the machinery of regulation in 1889, was recast in 1906, and again amended in 1910. Every common carrier subject to the provisions of section 6 must file with the Commission, and print and keep open to public inspection, schedules showing all the rates, fares, and charges for transportation between different points on its own route, and between points on its own route and points on the route of any other carrier by railroad, by pipe line, or by water when a through route and joint rate have been established. If no joint rate over the through route has been established, the several carriers in such through route shall file, print and keep open to public inspection as aforesaid, the separately established rates, fares and charges applied to the through transportation. The schedules printed as aforesaid by any such common carrier shall plainly state the places between which property and passengers will be carried, and shall contain the classification of freight in force. Such schedules shall be plainly printed in large type, and copies for the use of the public shall be kept posted in two public and conspicuous places in every depot, station, or office of such carrier where passengers or freight, respectively, are received for trans portation, in such form that they shall be accessible to the public and can be conveniently inspected. The provisions of this section shall apply to all traffic, transportation, and facilities defined in this Act. No change in rate shall be made without thirty days' notice to the Commission and the public; however, the Commission may permit the period to be shortened, or modify any of the provisions for publishing, posting and filing. The Commission may reject and refuse to file any schedule not conforming to the requirements of the Act. § 811. Scope of its policy. One of the chief points of the policy requiring scheduling is to make it clear that any departure from the published rate is ipso facto discriminatory. It is to be noted that the Act definitely provides that no carrier shall 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. And, to prevent, so far as may be, the covering of rebates by allowances to shippers incidentally, the Act as amended requires that the schedules filed shall also state separately all terminal charges, storage charges, icing charges, and all other charges which the Commission may require, all privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the service rendered to the passenger, shipper, or consignee. It is proper to add, however, that the require ment of publication found in the law is based upon many other considerations besides that of affording protection to shippers. Topic A. Necessity of Filing Schedules § 812. What rates must be published. The Commission will insist under all circumstances that all rates must be published, both for passengers and freight, together with all terms and conditions relating thereto.70 If, for instance, first class and second class rates are given for passengers, both must be published." And where passenger excursion rates applicable only for the time being are offered, they must be published.72 In order to make any distinction in rating of freight for export, the rates must be given as well on freight which is, as on that which is not, for export.73 It is fundamental that all services and privileges must be scheduled to be available, and adherence to these principles has been demanded by repeated decisions of the Commission.74 Thus the privilege of reconsignment is service requiring publication to make its granting legal. There should be a tariff provision to justify a charge for re-icing when fruit is moving under refrigeration.76 Terminal charges must be scheduled, in order to be made the basis for constructing rates based upon billing for services performed." And there should be no transit rights granted except such as are scheduled.78 And in general it may be said that under the sweeping provisions of the Act as amended no charge 70 Re Tickets, 23 I. C. C. 95. 75 71 Folmer & Co. v. G. W. Ry., 15 I. C. C. 33. 72 Pittsburgh, C. & S. L. Ry. v. Baltimore & O. R. R., 2 Int. Com. Rep. 729, 3 I. C. C. 465. 73 New Orleans Cotton Exch. v. Louisville, N. O. & T. Ry., 3 Int. Com. Rep. 523. 74 Folmer & Co. v. Great W., 15 I. C. C. 33. 75 Bannon v. Southern Express Co., 13 I. C. C. 516. 76 Atchison, T. & S. F. Ry., 18 I. C. C. 310. 77 Neosho Milling Co. v. Kansas City So. Ry., Unrep. op. 433. 78 New England C. & C. Co. v. N. & W. Ry., 22 I. C. C. 398. can be made of the shipper by the carrier for anything connected with the transportation of his goods, so far as they are in course of carriage subject to the jurisdiction. of the Commission, unless the rates therefor are to be found plainly enough set down in the schedules on file. § 813. Effect of scheduling rates. A rate may be unlawful in view of section 1, and at the same time be the legally established rate under section 6. The sole test of the legality of a charge is the publication of the rate in the manner and form prescribed by the statute.79 Thus, although a scheduled rate may be proved unreasonable by proper proceedings before the Commission to have the same reduced, once it is put in effect, not having been suspended by action of the Commission, it remains the legal rate which all must pay so long as it remains unaltered. And conversely no charge can be rightfully collected where there is no tariff provision therefor, as the only basis for making a charge which has the sanction of the law is the schedule itself, open to all alike.80 The jurisdiction of the Commission and the purposes of the law cannot be defeated by the omission or failure of carriers to include in their schedules, and to keep posted and open to public inspection the rates, fares and charges for the entire service, both transportation proper and refrigeration, which under the law they are bound to provide.81 Terminal charges being part of transportation and demurrage charges being included in the term "terminal charges," the failure by a carrier to observe demurrage tariffs filed and published by it and the soliciting and receiving of concessions with respect to demurrage charges are misdemeanors for which a prosecution will lie under the Act.82 79 Crescent Coal & Mining Co. v. C. & E. I. R. R., 24 I. C. C. 149. 80 Beekman Lumber Co. v. L. Ry. & N. Co., 19 I. C. C. R. 343. 81 Waxelbaum v. A. C. L. R. R., 12 I. C. C. 178. 82 Lehigh V. R. R. 188 Fed. 179. V. United States, |