6 BULLETIN" 191, U. S. DEPARTMENT OF AGRICULTURE. 
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 the relations between | 
private car owners and the railroads. Under the introductory clause j 
of rule 1 private cars in storage would be excepted; since, under those I 
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 f 
whether on carrier's or private tracks. " Railroad service" is care- jl 
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 they are placed by the 
carrier for loading or tendered for loading on the orders of a shipper. Private cars | 
under lading are in railroad service until the lading is removed and cars are reuglarly 
released. Cars which belong to an industry performing its own t switching service | 
are in railroad 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 j 
are subsequently returned empty, they are out of service when withdrawn by the \ 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 I 
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, I 
by the Interstate Commerce Commission in favor of the railroad |) 
company (19 I. C. C, 556). On appeal the view of the commission j 
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 railroad 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, 
