4 BULLETIN 191^ TJ. S. DEPABTMENT OF AGEICULTUEE. 



however, are applied in both States on State traflic. In Idaho, New 

 Mexico, New York, and West Virginia the subject is covered neither 

 by statute nor orders of the commission. However, the roads operat- 

 ing in these States pretty generaUj apply the uniform code, which, in 

 practice, so far as the regulation of demurrage is intrusted to the 

 respective commissions, amounts to State regulation by the adoption 

 of the uniform code. 



Neither Delaware, Utah, nor Wyoming has a railroad commission 

 nor is there any statute relating to demurrage, but the roads operating 

 in these three States apply the uniform code on State traffic. 



It is seen then that in 24 of the States the uniform code is in actual 

 operation on purely intrastate traffic. In the other 24, while the 

 State regulations to a greater or less extent differ from those of the 

 uniform code, many, if not most, of their essential features are the same 

 as the corresponding provisions of the uniform code. Doubtless the 

 commissions of some of the States that have not adopted the uniform 

 code would do so if their statutes permitted. On the whole it would 

 appear far preferable to have demurrage regulated by orders of a 

 commission than by specific statute. Such an arrangement permits 

 greater flexibiUty and makes it possible to adopt changes more readily 

 as changing traffic conditions demand. 



INTERSTATE REGULATION. 



Demurrage on interstate shipments is subject to the jurisdiction of 

 the Interstate Commerce Commission and all tariffs prescribing 

 demurrage rates and regulations affecting such shipments must be 

 filed with that body. While the Interstate Commerce Commission 

 had authority to prescribe a code of demurrage rules and to require 

 aU of the roads to adopt them, the authority was never exercised. 

 The question was discussed from year to year in the annual meetings 

 of the National Association of Railway Commissioners and in 1908 a 

 committee was appointed 'Ho frame a uniform code of demurrage 

 rules." This committee consisted of Mr. Lane of the Interstate Com- 

 merce Commission and one representative from the railway commis- 

 sion of each State. The actual work of drafting a code of rules was 

 intrusted to a subcommittee of five. The subcommittee sought the 

 assistance of practical demurrage men in the person of the managers 

 of two of the leading demurrage bureaus of the country, and of Mr. 

 Arthur Hale, chairman of the committee on car efficiency of the 

 American Railway Association. After much study and public hear- 

 ings the code adopted by the subcommittee was approved by the 

 general committee and in turn adopted by the Association of National 

 Railway Commissioners at its annual session in Washington, D. C, 

 in November, 1909. 



