been unable to deliver because of the condition of the private tracks, or because of other conditions attributable to consignee. This shall be considered constructive placement. (b) When delivery cannot be made on specially designated public delivery tracks on account of such tracks being fully occupied, or from other cause beyond the control of the carrier, the delivery will be made at the nearest available point, provided said point is accessible to consignee. (c) Cars containing freight to be delivered on carload delivery track or private sidings shall be placed on the tracks designated within twenty-four hours after arrival, if ordered. (d) When by reason of delay or irregularity of transportation or switching, cars are bunched and delivered to consignee beyond his ability, exercising due diligence, to unload within the free time prescribed in these rules, he shall be allowed by the carrier such free time as he would have been entitled to had the cars been delivered in the order of shipment.

RULE 6.-PLACING CARS FOR LOADING. (a) Cars for loading will be considered placed when such cars are actually placed or held on orders or the consignor. In the latter case the agent must give notice in writing to consignor of all cars which he has been unable to place because of the condition of private tracks or because of other conditions attributable to the consignor. This will be considered constructive placement.

RULE 7.-INABILITY OF CONNECTING LINE TO RECEIVE. When a railroad is unable to receive cars in switching service tendered by a connection to be placed for delivery, owing to the inability of the consignee to receive, it shall promptly notify the line offering, in order that notice may be given the consignee or consignor and other disposition requested. Notice shall be given the consignee within 24 hours by the road offering the car and 24 hours allowed such consignee for its disposition.

RULE 8-DEMURRAGE CHARGE. (a) After the expiration of free time allowed, a charge of one dollar per car per day, or fraction of a day, shall be made. (b) Agents must assess and collect all demurrage due on cars before delivering them when same has accrued between notice of arrival and ordering. When in doubt they shall demand the demurrage at the end of the free time for loading or unloading, and if payment is refused they shall decline to deliver the car or allow the loading to be taken from it, either by sealing or locking the car or by placing it where it is not accessible to shipper or consignee. (c) If a car is ordered to private track for a party who has declined to pay previous bills, agents shall refuse to switch said car to said track until the demurrage due or which may accrue on such car is paid or guaranteed. (d) In case consignee refuses to pay demurrage charges that have accrued while cars have been held for or by loading, agents shall refuse to issue bills of lading or ship the goods until demurrage charges are paid or authorized inserted in bill of lading and billed out as advance charges. (e) Demurrage shall be collected in the same manner and with the same regularity and promptness as other transportation charges, and switching.

RULE 9.-WEATHER. (a) Whenever the weather between 7 a. m. and 6 p. m., during free time, is so severe, inclement or rainy that it is impracticable to secure means of removal or loading of freight, or where the nature of the goods removed or loaded would cause injury or damage, such time shall be added to the free period and no demurrage charges shall be allowed for such additional time. (b) If shippers or consignees fail to avail themselves of the first 48 hours of suitable weather, no additional free time will be allowed by reason of such neglect.

RULE 10-STORAGE CHARGE. (a) Storage will be charged on all less than carload freight held in or on railroad warehouse or platforms over 48 hours from the first 7 a. m. after notice of arrival, not including Sundaysand legal holidays, at the rate of five (5) cents per ton for each 24 hours or fraction thereof, (b) Double these charges shall be assessed on freight of an explosive character. (c) The minimum charge for any one shipment shall be 10 sents. (d) Ten days' free time will be allowed on less than carload shipments when destined to consignees who live at interior points five miles or more from the railroad station. (e) Freight in cars placed on delivery track and subsequently unloaded in railroad warehouses or platforms is subject to demurrage rules while on delivery track, and storage rules thereafter. RULE 11.—COMPLAINTS. All complaints that may arise from nonconformity to any of these rules or from neglect or indiscretion in enforcing same, and all doubtful and complicated cases involving any uncertainty as to the proper meaning and application of these rules, may be referred to the Corporation Commission.

RULE 12. The right is reserved by the Commission to relieve carriers, consignees or shippers from any hardships incident to the enforcement of these rules, whether caused by matters over which they have control or not.

Guthrie. Oklahoma, February 27. 1909.

ORDER NO. 168, Modified and Amended by Orders 763, 780 and 1069.

RULES GOVERNING THE HANDLING AND MOVEMENT OF
FREIGHT.

RULE 1. It is hereby declared to be the duty of each and every Railroad Company doing business in the State to furnish suitable and adequate cars; provided no railroad shall be required to load or furnish for use the cars of a foreign line when said railroad has its own cars available for the service, to any and all persons, firms and corporations, without discrimination as to number, or use or kind, who may apply therefor in good faith, for the transportation of any and all kinds of freight which may be legally conveyed within the State, and to receive, give bills of lading for and transport freight with all reasonale dispatch, and to provide and keep suitable facilities for the receiving and handling of the same at any station or switch on the line of its road, and at or near the intersection, or junction, or crossing of its line with the line of any other railroad, and also to receive and transport in like manner the empty or loaded cars freighted by any connecting, joining, or intersecting railroad to be delivered at any station or switch on its line, or to any other railroad at or near any junction or connection or intersection of any other railroad; to be loaded, discharged or reloaded, and returned to the road so connecting, joining, or intersecting, and for compensation it shall not demand or receive any sum greater or less than is accepted by it from any other person, firm or corporation, or any connecting, joining, or intersecting railroad for a like service.

RULE 2.-RECEIVING LOADED CARS. Freight to be transported in carload lots shall be received by each initial carrier in cars provided by it when same are properly loaded on and tendered on its own tracks, or private, industrial, or other tracks, at the connection with its own lines.

RULE 3.-RECEIVING LESS THAN CARLOAD FREIGHT. Freight to be transported in less than carload lots shall be delivered to and received by each initial carrier at its freight houses, platforms, or sheds, as may be customary, properly packed and marked for shipment.

RULE 4.-SHIPPING ORDER. When freight is tendered as above provided, shipper shall also furnish advice to the agent of the carrier, in writing, the commodity shipped, number of packages, name of consignee, and point of destination, and the freight charges, if demanded in advance.

RULE 5.-ISSUING BILL OF LADING. Upon receipt of freight and notice as herein specified, it shall be the duty of the agent of the carrier to immediately examine same, and if found as described to immdiately issue and deliver to shipper a bill of lading, stating therein name of shipper, number of packages or pieces, commodity, name of consignees and destination, and if freight, as tendered, is in bad order, notation shall be made on the bill of lading. Immediately upon the issue of bill of lading, carrier's control over and responsibility for such freight shall commence.

(This rule shall not be construed as requiring agents to certify as to the number of packages or pieces in cars tendered as carload shipments.)

RULE 6. RATE OF MOVEMENT. It shall be the duty of carriers to begin the forward movement of freight towards its destination within twentyfour hours (24) after the bill of lading is signed and after the movement thus commences, such freight shall be carried toward its destination at a rate not less than fifty (50) miles per day covering the whole period any carrier controls the same and at junction and divisional points, twelve (12) hours additional time shall be granted; excet, that in movement of perishable freight and live stock in less than ten car lots, minimum rate shall be one hundred (100) miles per day and six (6) hours additional time at junction and divisional points.

Provided that agents shall advise shippers of live stock in carloads the time of arrival of the train on which same are to be moved and loading of such live stock shall be completed one (1) hour before the arrival of such train and on shipments of ten or more cars of live stock the minimum rate of movement per day shall be two hundred (200) miles, with no additional time at junction or divisional points.

RULE 7.-EXCLUDING HOLIDAYS. In computing time, Sundays and legal holidays will be excluded.

RULE 8.-PARTIAL DELIVERIES. When for any reason carriers are unable to tender entire shipment to consignee at destination, freight charges shall only be assessed and collected on that part of shipment which is tendered for delivery.

RULE 9. The right is reserved by the Commission to relieve carriers, consignees or shippers from any hardships incident to the enforcement of these rules whether caused by matters over which they have control or not.

Guthrie, Oklahoma, February 27, 1909.

ORDER NO. 169.

RULES GOVERNING THE FURNISHING OF CARS FOR LOADING. RULE 1.—FURNISHING CARS. For freight to be transported in carload

lots initial carriers shall furnish adequate and suitable cars.

RULE 2.-REQUISITION AND RECEIPTS. Request for empty cars for loading shall be made in writing on blanks as shown in Rule 11 (which shall be furnished by the initial carrier), addressed to the agent of the initial carrier at or nearest to the point where said car or cars are wanted, and receipts as shown in Rule 11 shall be given by the agents of initial carriers to each party making such requests.

RULE 3.-DEPOSITS. Before receiving and filing such requests agents may demand a deposit of, or security in the sum of ten ($10.00) dollars per car for each car demanded.

RULE 4.-TIME FOR FURNISHING CARS. Cars ordered as provided in Rule No. 3 shall be furnished and properly set for loading within the time designated below, counting from the next 7 a. m. following receipt of notice. One or two cars... Six or eight cars.... Three or five cars..

.48 hours
.72 hours

RULE 5.-PLACING CARS.

Nine or more cars.......

.120 hours .144 hours

Upon furnishing and setting of such car or cars so demanded, the carriers shall immediately notify the shipper in writing, specifying the kind, initial and number and exact location of said car

or cars.

RULE 6.-RETURNING DEPOSIT. Immediately upon the loading and properly tendering for shipment of cars furnished under preceding rules, the deposits, or security provided for in Rule No. 3, shall be returned to the shipper, provided such deposit or security was demanded by the agent.

RULE 7.-TIME FOR LOADING. Within forty-eight (48) hours after the next 7 o'clock a. m. following the receipt of notice of placing of said car or cars, it shall be the duty of said shipper to properly load and make ready for movement said car or cars and to so notify said carrier in writing, specifying commodity with which loaded, name of consignee and point of destination.

RULE 8.-CHARGE FOR CARS NOT USED. When shippers fail to commence loading within forty-eight hours after the next 7 o'clock a. m. following the receipt of notice that car or cars have been placed as ordered, carriers may remove said car or cars and deduct amount so deposited or secured the sum of five ($5.00) dollars for placing each of said cars and one ($1.00) dollar per day demurrage for each twenty-four (24) hours, or fraction thereof, that cars have remained at disposition of shipper after the next 7 o'clock a, m. following receipt of said notice of the placing of such car or cars. Provided, that if the shipper in writing, states that he desires said cars to remain at his disposal, the carrier shall not remove same until the demurrage that has accrued shall equal the amount deposited.

RULE 9.-EXCLUDING TIME. (a) In computing time, Sundays and legal holidays will be excluded. (b) In case of inclement weather between 7 o'clock a. m. and 6 o'clock p. m. during free time, where the property would be seriously damaged in loading, free time will be extended to an extent equaling the actual duration of such inclement weather so that shippers will have fortyeight hours of suitable weather in which to load the freight. (c) If shippers fail to avail themselves of the first forty-eight hours of suitable weather, no additional free time will be allowed by reason of such neglect.

RULE 10.-INABILITY TO FURNISH CARS. If any carrier, by reason of shortage of cars, is actually unable to comply with all proper demands made upon it, its actual supply of the same shall be ratably and equitably proportioned and furnished.

Where shortaae of cars on any division exceeds twenty-four, for two or more consecutive days, notice of such shortage shall be immediately furnished

this Commission, stating the number of cars ordered, number furnished, and steps taken to supply deficiency.

RULE 11.-FORM OF REQUISITION. Blanks of the following form shall be furnished in duplicate by the carrier to applicant; applicant shall fill out in duplicate, and tender to the agent of the carrier; who shall immediately number, date and sign, placing the original on file in his office, and returning duplicate to the applicant as his receipt:

..of...

..........cars suitable for shipping ; destined to be placed at. ...day.

I hereby make application for...

on the...

Agent.
(Hour)

(Date)

Applicant.

(Provided, that where carriers have on hand supply of Empty Car Requi sitions and Receipts, as outlined in this Commission's Order No. 10, same may be used in lieu of blank outlined above until present supply is exhausted. )

RULE 12.-FURNISHING REQUISITIONS. Each carrier shall keep a sufficient supply of blanks provided for in Rule 11 on hand at all stations at all times, and it shall be the duty of the agent of the carrier to advise shippers that the requisitions are on hand and must be filled out, and, where necessary, shall assist shippers in filling out such applications.

RULE 13.-The right is reserved by the Commission to relieve carriers or shippers from any hardships incident to the enforcement of these rules, whether caused by matters over which they have control or not.

Guthrie, Oklahoma, February 27, 1909.

ORDER NO. 170.

RULES GOVERNING THE RECONSIGNMENT OF FREIGHT. RULE 1.-REFUSAL OF CARS AT DESTINATION. If car or cars are refused at destination by consignee, the carrier shall promptly arrange for telegraphic information to be given the shipper.

RULE 2. RECONSIGNMENT. The destination and consignee of any carload shipment may be changed, and through rate from point of origin to final destination shall be protected subject to conditions named herein.

RULE 3.-CHARGES FOR RECONSIGNMENT. (a) If destination is changed before arrival of car at original destination a charge of one ($1.00) dollar per car shall be made. (b) If destination is changed after arrival at first destination, but before being set for unloading, a charge of two ($2.00) dollars per car shall be made. (c) If destination is changed after car has reached first destination and been set for unloading, a charge of three ($3.00) dollars per car shall be made. (d) Demurrage charges at first destination shall be assessed at the rate of one ($1.00) dollar for each twenty-four hours,