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"The rates and charges made effective by this schedule are initiated by the President of the United States through the Director General, United States Railroad Administration, and apply to both interstate and intrastate traffic.

"This schedule is published and filed on not less than one day's notice with the Interstate Commerce Commission under General Order No. 56 of the Director General, United States Railroad Administration, dated 19th day of November, 1918."

If some of the rates and charges therein are to apply on interstate traffic and others to intrastate traffic, use the following:

"The rates and charges made effective by this schedule are initiated by the President of the United States through the Director General, United States Railroad Administration, and apply to interstate and intrastate traffic, as provided herein.

"This schedule is published and filed on not less than one day's notice with the Interstate Commerce Commission under General Order No. 56 of the Director General, United States Railroad Administration, dated 19th day of November, 1918."

Given under my hand this the 19th day of November, 1918.
W. G. McADOO,

Director General of Railroads.

GENERAL ORDER No. 57.

WASHINGTON, November 26, 1918.

RULES GOVERNING

THE

INSPECTION, SELECTION AND COOPERING OR

REJECTION OF CARS FOR BULK GRAIN LOADING, THE RECORDING OF LOSS OF GRAIN FROM CAR BY LEAKAGE (IF ANY) DURING TRANSIT, AND THE

DISPOSITION OF CLAIMS FOR LOSS AND DAMAGE OF GRAIN.

Claims on grain shipped in bulk constitute a large proportion of loss and damage claims. Some of the widely varying practices of both shippers and carriers with respect thereto are of doubtful propriety, and in many cases result in undue preference and unjust discrimination.

This condition may be attributed largely to the great number of intricate factors entering into the grain business; the condition of scales and weighing practices, which, in many instances, result in weights of doubtful accuracy. Grain in bulk is sometimes loaded at large terminal elevators where so-called official weights are obtained; in other instances, at country elevators where weights are obtained on small scales in many drafts; and in other instances where scale weights are not used but loading weights obtained on measurement basis; and at some points where no elevators are located, grain is

weighed over wagon scales, loaded into cars and the sum of the wagon scale weights used to represent the amount shipped.

Destination weights are arrived at in as many different ways as the loading weights, but, as a general rule, the bulk of the grain shipped is destined to terminal markets where official weights are secured, and the differences between these loading and destination weights constitute the basis of claims, although losses resulting from the taking of samples for inspection purposes and the failure of consignee to unload all the grain and other wastage, over which the railroad has no control, are not taken into consideration or accounted for. In view of the foregoing, there is no good reason why carriers should assume responsibility for claims, the basis of which is solely the difference between these loading and out-turn weights.

Therefore, claims for loss of bulk grain will be recognized only where there is evidence of negligence on the part of the carriers. Leaks due to improper coopering of cars or placing of grain door boards are not to be considered as evidence of negligence on the part of the carrier, and the following rules shall apply until superseded by others that may be adopted as a result of investigation and study of the subject now being carried on by carriers and shippers in connection with the Interstate Commerce Commission.

At the present time there is lack of uniformity in the disposition of grain claims. One purpose of these rules is to clear up this present situation and dispose of promptly such claims as come within these regulations.

RULE 1.-SELECTION OF CARS FOR LOADING.

Suitable cars will be furnished for bulk grain loading. (See Definition.)

DEFINITION.-A suitable car for bulk grain loading is one that is grain tight and fit or can be made so by the shipper at time and place of loading by ordinary and proper care in use of cooperage material and by a reasonable amount of cleaning.

RULE 2.-REJECTION BY SHIPPER.

While carriers are expected to furnish suitable equipment, it is the duty of the shipper to reject a car which is unfit for the loading intended.

Shippers should not load bulk grain in a car with door post shattered or broken, or with other defects of such character as to render car obviously unfit, or with inside showing the presence of oil, creosote, fertilizer, manure, coal or other damaging substance of like or kindred character.

RULE 3.-COOPERAGE.

Grain doors, or grain door lumber of proper quality and dimensions will be furnished by the carrier and installed by the shipper to cooper side and end doors and other openings of cars used for bulk grain loading.

NOTE 1.-Carrier's agent at loading station will ascertain the number of temporary sectional grain doors, or the number of feet (board measure) of grain door lumber used to cooper the car and the approximate weight thereof, and note same on waybill.

NOTE 2.-Should the carrier's supply of grain door material run short, local agent will promptly notify his superintendent, who will immediately send the required material or authorize local agent to purchase a supply to take care of the emergency.

NOTE 3. Shippers or consignees must not appropriate carriers' grain doors or grain door material, neither shall they use the same without specific authority from the carrier.

Accessories such as nails, paper, cheesecloth, burlap or similar material for calking or lining cars, required to prevent loss of grain by leakage, shall be supplied by the carrier and applied by the shipper or at his expense.

RULE 4.-CONSIGNOR, CONSIGNEE OR OWNER REQUIRED TO LOAD AND UNLOAD CARLOAD FREIGHT.

Except as otherwise provided by tariff, owners are required to load into or on cars grain carried at carload ratings, and consignee or owner is required to unload the car, which includes the removal of entire contents, including sweeping the car. Loading includes adequate securing of the load in or on car, also proper distribution of the weight in the car by trimming or leveling.

RULE 5.-SHIPPING WEIGHTS.

Where shipper weighs the grain for shipment, he shall furnish the carrier with a statement of the car initials and number, the total scale weight, the type and house number of the scale used, the number of drafts and weight of each draft weighed, the date and time of weighing, and state whether official Board of Trade, Grain Exchange, State or other properly supervised shipping weights; also state number and approximate weight of grain doors used. This information shall be furnished as soon as practicable, forwarding of car not to be delayed for this record.

RULE 6.-DESTINATION WEIGHTS.

Consignee shall furnish the carrier with a statement of the car initials and number, the total scale weight, the type and house num105889°-1923

ber of the scale used, the number of drafts and weight of each draft weighed, and date and time of weighing, and state whether official Board of Trade, Grain Exchange, State or other properly supervised unloading weight.

RULE 7.-LEAKAGE OR DAMAGE RECORD.

If damage to or leakage of grain is detected while in carrier's possession, the necessary repairs must be made to prevent further loss or damage and a complete record made thereof. In case of a disputed claim, the records of both carrier and claimant on said car shall be made available to both parties.

If shipper, consignee, owner or his or their representative should discover leakage of grain from car, he must immediately report the facts to carrier and afford reasonable opportunity for verification. The result of hammer testing will not be accepted as proof of loss.

RULE 8.-CLAIMS ON CLEAR AND DEFECTIVE RECORD CARS.

(a) CLEAR RECORD CARS: If, after thorough investigation by the carrier, no defect in equipment or seal record is discovered, such record shall be considered to show that the carrier has delivered all of the grain that was loaded into the car. If evidence is produced by the claimant indicating a defective record, such evidence shall be investigated and given due consideration.

(b) DEFECTIVE RECORD CARS: Where investigation discloses defect in equipment, seal or seal record, or a transfer in transit by the carrier of a car of grain upon which there is a difference between the loading and unloading weights, and the shipper furnishes duly attested certificates showing correctness of weights, and the carrier can find no defect in scale or other facilities and no error at points of origin or destination, then, the resulting claims will be adjusted subject to deduction of one-eighth of 1 per cent of the established loading weight as representing invisible loss and wastage.

NOTE.-Transfer in transit, as referred to in Section "b" of this rule, is a transfer for which the railroad is responsible, and not a transfer because of a trade rule, Governmental requirement, or because of orders of consignor, consignee, owner or their representative.

(c) Leaks over or through grain doors and other leaks due to improper coopering by shipper shall not be considered defects for which the carrier is responsible.

W. G. McADOO,

Director General of Railroads.

LIST OF CIRCULARS.

1. First seven staff appointments.
2. Creation of Car Service Section.
3. Creation of Locomotive Section.

4. Creation of Interregional Traffic Committee.

5. Creation of Marine Section.

6. Creation of Committee on Inland Waterways.

7. Creation of Safety Section.

8. Railroads instructed to furnish certain employees statements to facilitate income-tax returns.

9. Creation of Division of Capital Expenditures.

10. Expenses re New York offices.

11. Supplemental instructions re General Order No. 9.

12. Instructions re cash on hand December 31, 1917.

13. Liberty loan investments by railroads.

14. Creation of Protection of Railroad Property Section.

15. Creation of Inspection and Test Section.

16. Creation of Car Relief Section (corrected to Apr. 1).

17. Instructions re expense of officers, etc., not connected with operation.

18. Railroad subscriptions to third Liberty loan.

19. Appointment of acting treasurer.

20. Alleged protests re General Order No. 8.

21. Fire insurance contracts.

22. Organization of Railway Board of Adjustment No. 1.

23. Creation of Coastwise Steamship Advisory Committee.

24. Comments re Railroad Wage Commission investigation and plea to buy Liberty bonds.

25. Progress of authorized editions and betterments and equipment.

26. Appointment of Walker D. Hines as Assistant Director General of Railroads. 27. Appointment of Theodore H. Price actuary.

28. Appointment of C. H. Markham regional director, Allegheny Region.

Supplement No. 1. Railroads included in Allegheny Region July 10, 1918. 29. Appointment of B. L. Winchell regional director, Southern Region. 30. Appointment of N. D. Maher regional director, Pocahontas Region.

Supplement No. 1. Pocahontas Region-Ashland Coal & Iron Railway-
Included July 10, 1918.

31. Organization of Board of Railroad Wages and Working Conditions.
32. Division of Operation created.

33. Appointment of R. H. Aishton regional director, Northwestern Region. Supplement No. 1. Railroads included in Northwestern Region July 10, 1918.

34. Appointment of Hale Holden regional director, Central Western Region. Supplement No. 1. Central Western Region-Railroads included July 10, 1918.

35. Appointment of B. F. Bush regional director, Southwestern Region.

Supplement No. 1. Southwestern Region-Railroads included July 10, 1918.

36. Urging railroad employees to invest in War Savings Stamps.

37. Appointment of Oscar A. Price Assistant to the Director General of Railroads. 38. Organization of Railway Board of Adjustment No. 2.

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