6 BULLETIN 191^ U. S. DEPARTMENT OF AGEICULTUEE. 



experienced with this class of equipment. The question of its 

 equitable distribution has been before the Interstate Commerce 

 Commission many times until a code of rules has been evolved that 

 does justice to all and avoids discrimination in periods of car shortage. 

 It would appear to be altogether unnecessary to make an excep- 

 tion of empty private cars in storage. The exception is rather an 

 explanation of the status of private cars and is to be read in the 

 light of the history of their development and th""e relations between 

 private car owners and the railroads. Under the introductory clause 

 of rule 1 private cars in storage would be excepted, since, under those 

 circumstances, they are not ''held for or by consignors or consignees." 

 The rule and its explanatory notes go into details explaining that 

 private cars are subject to demurrage rules while in railroad service 

 whether on carrier's or private tracks. "Railroad service" is care- 

 fully defined both as regards private cars on private tracks switched 

 by the carrier and on private tracks of an industry performing its 

 own switching service. Quotation of the whole paragraph will make 

 the matter entirely clear. 



Empty private cars are in railroad service from the time tliey are placed by the 

 carrier for loading or tendered for loading on the orders of a shipper. Private cars 

 under lading are in raih'oad service until the lading is removed and cars are reuglarly 

 released. Cars which belong to an industry performing its own switching ser^/ice 

 are in raih'oad service from the time they are placed by the industry upon designated 

 interchange tracks and thereby tendered to the carrier for movement. If such cars 

 are subsequently returned empty, they are out of service when withdrawn by the 

 industry from the interchange; if returned under load, railroad service is not at an 

 end until the lading is duly removed. 



The right of carriers to collect demurrage on loaded private cars 

 standing on private tracks, where cars and tracks are of the same 

 ownership, makes impossible any discrimination in demurrage prac- 

 tices. It was contested in the case of Procter & Gamble v. Cincin- 

 nati, Hamilton & Dayton Railroad and decided November 14, 1910, 

 by the Interstate Commerce Commission in favor of the railroad 

 company (19 I. C. C, 556). On appeal the view of the commission 

 was later sustained by the United States Supreme Court (225 U. S., 

 282). 



Attention should be called here to the fact that empty cars of 

 railroad ownership may not be retained under the guise of storage 

 on private tracks of industries performing their own switching 

 service. Loaded cars of raihoad ownership received by such an 

 industry are subject to demurrage rules until returned by the indus- 

 try to the interchange track. 



FREE TIME ALLOWED. 



Rule 2 allows 48 hours for loading and unloading all commodities. 

 Twenty-four hours are allowed in holding cars for switching orders, 



