GIFT OF R.A.O.A. OVERCHARGE AND AGENCY RELIEF CLAIM RULES (May, 1920, Issue) RAILWAY ACCOUNTING OFFICERS ASSOCIATION 1116 WOODWARD BUILDING WASHINGTON, D. C. GIFT RAILWAY ACCOUNTING OFFICERS ASSOCIATION OVERCHARGE AND AGENCY RELIEF CLAIM RULES Arbitration and Appeal Committees ARBITRATION COMMITTEE A. J. Moran, Chairman 50 Church Street New York City R. V. Onslow Northern Pac. Ry. St. Paul, Minn. (One vacancy.) E. R. Woodson, Secretary 1116 Woodv/ard Building Washington, D. C. APPEAL COMMITTEE E. J. Bloodgood, Chairman Chicago & N. W. R. R. Chicago, 111. W. J. Daller Delaware & Hudson Co. Albany, N. Y. Ed. L. Prince Atlantic Coast Line R. R. Wilmington, N. C. E. R. Woodson, Secretary 1116 Woodward Building Washington, D. C. 420643 R. A. O. A. Overcharge and Agency Relief Claim Rules The following rules, relating to overcharge and agency relief claims, are mandatory and binding upon carriers operating in North America that are members of the Railway Accounting Officers Association: RAILWAY ACCOUNTING OFFICERS ASSOCIATION RULES GOVERNING THE HANDLING OF OVERCHARGE AND AGENCY RELIEF CLAIMS. APPLICATION A-l. These rules and definitions shall apply in the settlement of all interline claims between carriers arising from overcharges in connection with transportation and delivery of freight, except, (a) When in conflict with any Federal or State law or any ruling or order of any regulating body exercising lawful authority. (b) On claims which carriers may have settled or declined prior to becoming members of the Asso- ciation, or which members of the Association may have declined to interested carriers before such car- riers became members of the Association, provided that this restriction will not apply to carriers that become members of the Association up to the time of the formal adoption of this rule by the Association. 2 R. A. O. A. OVERCHARGE fLAfU, RULES 3 DEFINITION , Wherever used in these rules," the ttleaiimg 6f : tji6 Al- lowing terms shall be as set forth herein, unless otherwise specifically stated: D-l. "Carrier :" Any common carrier, including rail- road, steamship (all rail or rail and water), transfer or other transportation company. D-2. "Initial Carrier:" The carrier receiving freight from consignor at original shipping point. D-3. "Delivering Carrier:". The carrier delivering freight to connecting carrier at junction point. D-4. "Receiving Carrier :" The carrier receiving freight from connecting carrier at junction point. D-5. "Destination Carrier:" The carrier delivering freight to consignee at destination. D-6. "Switching Carrier:" A carrier whose service in connection with a given shipment is confined to the handling of the car containing such shipment between connecting carriers, or between a connecting carrier and an industry, private siding or public yard, the service so performed being entirely within a recognized switching district. D-7. "Paying Carrier:" The carrier paying claim to claimant. D-8. "Contributory Negligence:" Want of diligence in any degree, in the use of means to remedy an error made by any other carrier. D-9. "Initial Point:" The original shipping point, where freight is received from consignor. D-10. "Junction Point:" Any point where two carriers interchange freight. (This includes any transfer point at such junction point.) D-ll. "Mileage :" The mileage of the carriers as given in the "Official Guide" published by the National Railway Publication Company of New York. D-12. "Astray Freight:" Less than carload freight which is marked for destination and which has become separated from the regular revenue waybill. D-13. "Unsettled Claims :" Claims unsettled as between carriers irrespective of date, but subject to Rule A-l-B. 4 R. A. O. A. OVERCHARGE CLAIM RULES D-14. "Legal Liability:" The term "legal liability" shall be construed as that fixed by statutory laws, con- d'ticns of bills of lading, tariff or classification provisions lawfully applicable, and in case of doubt the advice of counsel of claimant carrier. D-15. "Uncollectible Deficit:" The net amount remain- ing after deducting the amount realized from sale of freight from aggregate amount of lawful charges (includ- ing storage, demurrage, and accessorial charges) as- sessed against a shipment when the shipper, consignee, or owner of the goods from whom the amount is due is shown to be judgment proof, insolvent, or cannot be locat- ed, or when counsel representing carrier charged with the responsibility for collection renders an opinion in writing that the facts of record make it inadvisable to attempt to force collection through court proceedings. D-16. "Insolvent Carrier:" Any carrier declared by counsel for settling carrier, in writing, to be judgment proof. MISCELLANEOUS RULES AND RECOMMENDATIONS M-l. Cash-Transmitting. Carrier sending money to another carrier does so entirely at its own risk. M-2. Claim Correspondence. It will not be permissible to allow claim correspondence to pass into possession of consignors, consignees, or claimants. M-3. Overcharges on Interline Billing should, so far as practicable, be settled through agents' accounts, and adjustments made through interline freight correction accounts. M-4. Receipts for claim payments should be so worded as to cover the liability of all carriers participating in the haul. M-5. Uniform Blanks. Agents should be provided with standard forms for presentation of overcharge claims (R. A. 0. A. Standard Form No. 300) as provided for in rule No. 1, also forms for furnishing statement of billing on claims. M-6. Uniform Blanks. Statements of billing, excep- tion reports, etc., should not be wider than 8% inches. M-7. Demurrage or Storage refunded under legal lia- bility or when uncollectible owing to negligence in trans- R. A. O. A. OVERCHARGE CLAIM RULES 5 portation, shall be charged to liable carrier or carriers in the event the carrier assessing such charges will not voluntarily waive the same. RULES (1) Presentation of Claims. Carriers should require claimants to present overcharge claims on the standard form approved by the Interstate Commerce Commission, (R. A. 0. A. Standard Form No. 300) to either initial or destination carrier, in accordance with established prac- tices, for investigation and settlement. When claims are presented to intermediate carriers they shall be sent to destination carriers for settlement and claimant so in- formed, except claims in connection with transit arrange- ments, which shall be handled by the carriers granting such privileges. The initial or destination carrier to which a claim is presented or the destination carrier to which a claim is transmitted by an intermediate carrier or the carrier giving transit privilege to which a claim is pre- sented or transmitted by other carriers shall investigate and settle in accordance with these rules. (2) When Documents Missing. The absence of the documents required by the standard form for presentation of overcharge claims, shall be explained on a memoran- dum to be attached to the papers pertaining to the claim under consideration ; and, further, when the original paid freight bill or bill of lading if required, does not accom- pany aforesaid papers the carrier investigating and pay- ing the claim shall indemnify other carriers against loss due to payment of duplicate claim supported by such original documents. ARRANGEMENT OF CLAIM PAPERS (3) Wrappers. Carrier against which claim is made shall place its claim back on papers, which shall not be detached nor covered with other claim backs or papers, nor shall any writing or stamp thereon of said carrier be interfered with, in any way, by any other carrier. (4) Order of Papers. All investigation shall read up- ward from claim back in order of date : : (a) No notation shall be made on back of papers; (b) No notation or underlining of words shall be made by one carrier on another carrier's papers ; 6 R. A. 0. A. OVERCHARGE CLAIM RULES (c) Papers shall be fastened together by means of a paper fastener passing through entire file at upper left corner; (d) No paper shall be mutilated or taken off. If necessary for neatness, papers shall be folded in. (5) Carrier at Fault May Pay Direct. Carrier with which overcharge is located, but to which claim is not presented by claimant, may pay claimant direct, so noti- fying carrier to which claimant presented claim. (6) Unauthorized Rate. Claim for alleged overcharge, when supported by bill of lading or shipping receipt nam- ing a rate which is not a lawfully published tariff rate, shall be referred to the carrier whose agent made such unauthorized contract. (7) Overcharge Caused by Erroneous Rate. Claim for overcharge due to error in rate shall, when supported by the necessary evidence and by specific reference to pub- lished tariff lawfully applicable and in effect at the time of shipment, be investigated and promptly settled. (8) Overcharge in Weight. Claim for overcharge in weight when supported by necessary evidence shall be investigated and settled on the basis of actual weight, subject, however, to the prescribed minimum, estimated weight, or any other condition of the tariffs, or classi- fication applicable. In case of dispute regarding weight in connection with a shipment reweighed at destination according to the rules and regulations of the carriers interested, the actual weight, ascertained by the desti- nation carrier, or such scale or railway association weight as may be approved by the destination carrier, shall govern. The purpose of this rule is to provide a basis whereby the destination weights properly ascertained will be given the consideration warranted by experience and by the circumstances in each case, and to provide a prac- tical method of facilitating the adjustment of claims for overcharge in weight where there is a dispute or some doubt as to which of two or more weights is the correct weight. This rule will apply on all unsettled claims. (9) Overcharge Caused by Erroneous Classification. Claim for overcharge due to error in classification shall be investigated and settled when supported by bill of lading or shipping receipt, specific reference to the tariff or classification lawfully applicable, original or a certified R. A. O. A. OVERCHARGE CLAIM RULES 7 copy of invoice or delivering agent's certificate in lieu thereof, and by other necessary evidence. (10) Evidence of Collection. The carrier investigating and settling a claim on account of overcharge, may accept, as evidence of the amount collected, the original paid freight bill, or original bill of lading showing amount of prepayment and bearing receipt for payment. (11) Papers to Bear Evidence of Payment. When pay- ment of claim is made before interline investigation, evi- dence of such payment shall be clearly shown on bill of lading or shipping receipt, paid freight bill, bill of claim- ant, or invoice in the claim papers. (12) Direct Investigation. The investigating carrier shall communicate directly with agents or other proper representatives of interested carriers whenever practicable and whenever railway mail service cannot be used, return postage shall be enclosed. Inquiries should be addressed to accounting officer in charge of claims of the interested carriers after failure to obtain information from the agents or other proper representatives or when necessary from the nature of the inquiry. When the agent or other proper representative of another carrier fails to furnish the specific information requested or to explain why he cannot do so within 20 days from date of inquiry, copy of the inquiry with request for reply, shall be sent by express, registered mail or messenger, to the proper ac- counting officer of the delinquent carrier. When answer is not received within 30 days to such request, or to a direct inquiry to the proper accounting officer regarding a paid claim, the carrier investigating and settling the claim may charge full amount of claim to the delinquent carrier, or if there are two or more delinquent carriers, then to the delinquent carrier nearest the investigating and settling carrier in direction of destination and shall forward all papers relating to the claims to such delin- quent carrier who shall take the place of settling carrier and make further investigation and distribution of the amount of the claim. (13) Statement of Overcharge. The carrier investi- gating and settling an overcharge claim shall attach to the claim papers a statement showing how the overcharge is arrived at, with full reference to the I. C. C. tariffs and the amount due from each carrier interested. The rates and divisions and basis for claim shall be verified as far 8 R, A. O. A. OVERCHARGE CLAIM RULES as practicable before being sent by the carrier so investi- gating and settling to the other interested carriers. (14) Express Charges. Any carrier forwarding papers by express shall prepay express charges. (15) Relief of Agent's Account. When an agent collects from consignee the correct amount of freight and charges, and the same is less than the amount debited to his sta- tion account, and adjustment cannot be effected through interline correction account, he shall file claim for relief, which shall be investigated and apportioned between in- terested carriers; see Rules 19 and 30. "^ACKNOWLEDGMENT OF CLAIM PAPERS WHEN PASSED BETWEEN CARRIERS (16) Acknowledging Receipt of Claims. When a claim, except arbitrary debit under Rule 38, is received the first time from another carrier, it shall at once be acknowl- edged to carrier from which received, and such acknowl- edgment shall quote sending and receiving carrier's claim numbers. Carriers shall quote each other's claim numbers in all claim correspondence, mail or telegraph. APPORTIONMENT OF CLAIMS FOR OVERCHARGE (17) Overcharge in Rate, Weight, or Classification. Claim for overcharge on account of error in rate, error in weight or error in classification, when investigated and settled in accordance with the provisions contained in Rules 6, 7, 8 and 9, shall be charged to the carrier at fault. If more than one carrier is involved, the amount of the claim shall be apportioned on the basis of the agreed divisions, and all interested carriers shall be obligated to pay their proportions of the amount paid in settle- ment of the claim. (18) Overcharge Caused by Misr outing. Claim for overcharge resulting from improper routing due to error of an agent or other employee, shall be borne by the carrier employing the person at fault. The minimum debit Rule 42 shall not apply in such cases. This rule will apply on all unsettled claims. See I. C. C. Conference Rulings Nos. 214, 286 and 474, or subsequent amendments thereto. (19) Overcharge Caused by Way billing Freight to Erroneous Destination, Unloading Short of, or Carrying R. A. O. A. OVERCHARGE CLAIM RULES 9 Beyond Correct Destination or Stop-off Point. Claim for overcharge, resulting from error or oversight of an agent or employee, by which the shipment is billed to an erron- eous destination, or is unloaded short of destination, or is carried beyond correct destination or stop-off point, shall be borne by the carrier whose agent or employee committed the error, except that when contributory neg- ligence by other carrier or carriers is shown, the claim shall be divided equally between the carriers at fault. The carrier or carriers performing the service shall accept proportion of the through or combination rate from point of origin to erroneous destination, based on estab- lished divisions, or, in the absence of same, revenue shall be divided on basis of mileage. For the movement from the erroneous to the correct destination, charges shall be assessed on the local, through, or combination rates, as per lawfully published tariffs. Carrier or carriers receiv- ing revenue for two hauls on such shipments, shall refund revenue (based on established divisions, or mileage basis, in absence of same) on the return haul to the point at which shipment is placed in its proper route to correct destination, regardless of the route which carrier may select for the return movement. This rule will apply on all unsettled claims. See I. C. C. Conference Ruling 217, or subsequent amendments thereto. (20) Question of Veracity. When question affecting settlement of an overcharge claim between two or more carriers becomes one of veracity between employees of carriers, the claim, or such portion thereof as depends upon the question in dispute, shall be divided equally between such carriers. Changes made in car numbers, car initials or routing on telephone instructions will not be accepted as evidence in the settlement of dispute in- volving veracity unless confirmed in writing. (21) Terminal Charges. Terminal charges shall not be included in the amount of revenue used as a basis for apportionment of an overcharge claim. (22) Disputed Divisions. When a legal rate is pro- tected by a carrier and it is unable to reclaim from its connections, because of disputed divisions the paying carrier shall be relieved of the burden of adjusting the difference between the carriers in interest to the extent and effect as follows: (a) When the rate protected is a through rate, the carrier that issued the bill of lading shall accept 10 R. A. 0. A. OVERCHARGE CLAIM RULES debit from the paying carrier for the amount of the overcharge which the latter is unable to reclaim on account of the dispute as to the divisions, and shall assume the responsibility of adjusting the difference between the carriers in interest. (b) When the rate protected is constructed by combining two or more rates, one or more of them being joint rates, the first carrier (in the direction from origin to destination) which is party to a joint rate the divisions of which are in dispute, shall accept debit from the paying carrier for the amount of the overcharge which the latter is unable to reclaim because of dispute as to the divisions of that rate and shall assume the responsibility of adjusting the difference between carriers in interest. This rule will apply on all unsettled claims. (23) Erroneous Rate Quotation. When a carrier in process of the investigation of an overcharge claim re- quests another carrier to quote a rate between local points on its* line, and pays the claim on basis of that quotation, the carrier making the quotation must honor the bill of the paying carrier on the basis quoted, and in case it is found that the quotation was erroneous, must assume the expense of collecting back the amount necessary to place its charges on a legal tariff basis. This rule will apply on all unsettled claims. INVESTIGATION AND APPORTIONMENT OF CLAIMS FOR OVER- CHARGE ON COAL AND COKE (24) Located Overcharge on Coal or Coke. Claims for overcharge on coal or coke, where such overcharge is located with a particular carrier or carriers, shall be charged to the carrier or carriers upon which the over- charge is located. (A) Unlocated Overcharge on Coal or Coke. Claims for ascertained overcharge on coal or coke, which overcharge is not located, shall be prorated on revenue, on basis of record weights to point where overcharge is discovered subject to paragraph B. (B) Variation of Scale Weights. Claims presented for overcharge on coal or coke where the only evi- dence of such overcharge is the variation in scale weights, shall be subjected to the following investi- gation : R. A. O. A. OVERCHARGE CLAIM RULES 11 First: An ascertainment of the conditions and practices at each scale used as follows: (1) Type of scale and capacity. (2) Character of installation. (3) Standard of maintenance. (4) Frequency of testing. (5) Methods of weighing. (6) Was scale on which weight in question was obtained maintained, tested, and operated in accord- ance with the track scale specifications approved by the American Railroad Association? (7) Scale conditions as outlined in paragraph first 1 to 6. (8) Type of car, i. e., box, gondola, solid bottom, drop bottom, or steel hopper. (9) Were weights affected, either immediately before or immediately after weighing, by rain or snow? (10) Was car reconsigned en route? (11) Obtain official record of the last four tests of scale immediately preceding movement of ship- ment, including amount each section of scale was inaccurate in each test, and the time within which such four tests were made. (12) Did the reweighing include a third weighing as required by American Railroad Association Rules? (C) Scale Shown by Investigation to be Most Accurate Must be Given Preference. In event scale at destination or intermediate point is shown by this investigation to have produced the more nearly cor- rect weight, claims for overcharge shall be prorated on revenue among can iers participating in the over- charge, subject to tolerances, evaporation allowances, and minimum weights, as provided in governing tariffs. (D) In the event scale at initial point is shown by this investigation to have produced the more nearly correct weight, the claim shall not be prorated, except by authority of the initial carrier. (25) Disputed Claims to be Submitted to Counsel. If any carrier should refuse to participate in the payment of such claims on the basis of revenue and record scale weights, the same shall be submitted by the investigating carrier to its counsel, and if such counsel should rule that 12 R. A. O. A. OVERCHARGE CLAIM RULES suit if instituted thereon cannot be successfully defended, the papers shall be returned to the carrier or carriers that have refused to participate in the payment thereof, and in the event it or they shall still refuse to participate in the payment of such claim, and at the same time be unwilling to defend suit, if brought, such suit shall be defended by the carrier against which suit is brought, and if judgment is secured the carrier or carriers refus- ing to participate shall be charged not only with their pro- rata portion of the original claim, but in addition thereto with court costs and counsel fees, and also with any statutory penalty that may be assessed in said suit, pro- vided it appears that the refusal of such carrier or car- riers to participate in such claim resulted in said penalty being imposed. This rule will apply regardless of the amount of claims, subject, however, to minimum debit rule No. 42. (26) Claim Papers to be Submitted to All Interested Carriers Before Payment Not Subject to Arbitrary Debit. Claims for overcharge due to error in weight on coal or coke will not be subject to arbitrary debits, but shall, before payment, be presented to all carriers participating in the haul. COLLECTION OF GUARANTEED CHARGES (27) Guaranteed Charges. When charges are guaran- teed, guaranteeing carrier shall be responsible for such charges when the destination carrier, having used reason- able precautions in effecting delivery, is unable to collect; provided, that request of protection of guarantee shall be made within sixty days after arrival of freight through connections or direct. In the case of perishable freight, if destination carrier cannot deliver and collect charges, guaranteeing carrier shall at once be asked direct or through waybilling station for disposition of freight, which shall be held, when practicable, for such advice. When freight is refused for loss or damage located with carrier, guarantee .shall be void. Provisions with respect to minimum debits (Rule 42) shall not apply to this rule. DISPOSITION OF DEFICITS ARISING FROM UNCOLLECTIBLE FREIGHT CHARGES (28) Sale of Unclaimed or Refused Freight for Charges. Uncollectible deficits in charges against freight R. A. O. A. OVERCHARGE CLAIM RULES 13 which is unclaimed or refused when the result of negli- gence of one or more carriers in the line shall be charged* to the carrier or carriers at fault under appropriate rule. When not the result of negligence of the carriers, the deficit shall be prorated on revenue by all carriers in- terested. Terminal transportation charges, demurrage, storage, and transportation arbitraries shall be included in determining revenue of carriers; provided, however, that freight which accumulates in warehouses and is periodically sold shall be disposed of without reference to other carriers and any loss in charges on such freight shall be borne by the carrier selling. The provisions of this rule shall also apply when the destination carrier takes the unclaimed or refused freight for company's use. The distribution statement of claim covering any uncollectible amount prorated under this rule must bear affirmative declaration of carrier making distribution that the amount is uncollectible by reason of conditions set forth in Rule D-15. (29) Charges on Freight Sent Elsewhere for Sale. If necessary to forward carload freight to another point to be sold, the carrier performing such service is entitled to the tariff rate and charges lawfully applicable thereto ; and in determining the total uncollectible deficit to be prorated; the carrier is entitled to include the amount so charged. (30) Showing Miscellaneous Advances on Waybills. Where there are charges such as demurrage, switching, duty, and entry fees, or any other charges that are in addition to the rate, it is the duty of each carrier to show such charges in detail and separately from the regular revenue, and the agent's failure to do so will make his company responsible for the non-collection of same when uncollectible within the rulings of the Interstate Com- merce Commission (See Ruling M-7). (31) Destination Carrier Responsible for Collection of Correct Charges. While accepting the principle that the destination carrier shall assume the duty of collecting all tariff charges, this will not relieve the initial or inter- mediate carriers from responsibility for their errors that are impossible of detection by the destination carrier. While recognizing the difficulty of enumerating all of the various classes of undercharges, the following are some of the losses which should not be borne by the destination carrier : 14 R. A. O. A. OVERCHARGE CLAIM RULES (a) Miscellaneous charges for switching, demur- rage, storage, icing or feeding, detention or stop-off charges, etc., omitted from billing and not a part of or included in the through rate. (b) Undercharges due to error in rates published in tariffs to which destination carrier is not a party. (c) Undercharges due to failure to collect tariff charges on shipments destined to prepaid or non- agency stations. (d) Undercharges due to the insertion of incor- rect rates in export bills of lading issued by initial or intermediate carrier. (e) Charges waybilled as prepaid, subsequently changed by correction to collect. (f ) Demurrage charges, etc., accruing at point of origin and not noted on bills of lading. . (g) Undercharges due to failure of weighing car- rier to state correct gross carload weight on way- bills when charges are collectible on track scale or shippers' agreement weights. (32) Destination Carrier to Receive Assistance From Other Carriers in Collecting or Refunding. Destination carrier shall receive all possible assistance from initial or intermediate carriers in its efforts to make collections or refunds. (33) Disposition of Amounts Not Chargeable to Desti- nation Carrier. The destination carrier, shall, in the interest of all concerned, use all diligence to determine and collect the correct charges and shall make a demand in writing on the consignee or consignor, or both, if necessary, for charges which are uncollected, owing to error of another carrier and which are undiscoverable by the destination carrier. After two unanswered demands in writing for payment, or after a direct refusal of the debtor to pay, the car- rier in error shall without further action on the part of the destination carrier, accept debit for the uncollected tariff charges or shall authorize the destination carrier at the expense and for the account of the carrier in error, to bring suit for the recovery of these charges. GUARANTEEING ADDITIONAL PREPAYMENT OF FREIGHT AT JUNCTION POINTS (34) Shipments Destined to Agency Stations Requiring Prepayment. When freight destined to an agency sta- R. A. O. A. OVERCHARGE CLAIM RULES 15 tion upon which charges should be fully prepaid or guar- anteed, in accordance with tariff, is tendered connecting carrier and it develops that such prepaid charges are insufficient to carry shipment to destination, the carrier tendering shall authorize its junction agent to guarantee to the connecting carrier a sufficient amount to carry the shipment to destination. Delivery to a connection of such a shipment for an agency station constitutes a guar- antee to the receiving carrier of a sufficient amount to transport the shipment to destination, a specific guar- antee on the billing not being required for each case. The destination agent shall exercise due diligence and employ all means at his command to collect amount due from consignee; but if unable to do so, the deficit shall be adjusted on its merits, the minimum debit rule No. 42 not to apply in such cases. The receiving carrier, how- ever, should not return such shipments to the delivering carrier for additional prepayment. The provisions of this rule shall not apply to additional prepayment covering extra weight on freight resulting from weighing in transit and found to exceed the weight as originally billed, or to freight inspected resulting in increased rating and charges. (35) Shipments Destined to Non-agency Stations. When a shipment destined to a non-agency station is billed collect or insufficiently prepaid, it shall be accepted from connecting carrier and forwarded to destination. The destination carrier shall make reasonable effort to collect the amount due, but if unsuccessful, may upon its statement that it is unable to collect, correct the waybill to read fully "Prepaid" if the shipment is waybilled through from point of origin to destination. When re- billed enroute the final adjustment shall be made through claim channels, the minimum debit Rule No. 42 not to apply in such cases. In either case the adjustment made shall maintain the integrity of the lawful rate. When re-billed en route, settlements under this rule shall be made under Rule No. 38, all papers to accompany debit. FORWARDING SHIPMENTS BILLED SHORT OF DESTINATION (36) Shipments Waybilled Short of Destination. When a shipment has been billed in error to a point short of the proper destination, such shipment shall be forwarded and charges collected at the lawful tariff rate from point of 16 R. A. O. A. OVERCHARGE CLAIM RULES origin to correct destination applicable via the route ship- ment moved. FAILURE TO OBSERVE INSTRUCTIONS FOR DIVERSION (37) Failure to Accomplish Diversion. When in accord- ance with the conditions of the tariffs lawfully applicable, a carrier is requested to divert a shipment, and, through negligence or error of a carrier the diversion is not accom- plished, the carrier responsible for the negligence or error shall be wholly responsible for any lawful overcharge resulting, subject to Rule 19. This rule will apply on all unsettled claims. INTERLINE SETTLEMENT AFTER INVESTIGATION AND PAYMENT (38) Distribution Statements. When the investigation in connection with a claim is complete and the responsi- bility therefor is located, the carrier by which the claim has been investigated shall apportion the amount in ac- cordance with the foregoing rules. Such carrier shall also prepare and forward to each interested carrier a distribu- tion statement for each claim, showing billing reference over all interested carriers, claim numbers when known, the amount charged to each, the route over which ship- ment moved, and when necessary the through rate and divisions via such route and tariff authority, with I. C. C. numbers. Provided that no carrier shall be penalized for any overcharge, unless it has been given the oppor- tunity to develop the fact pertaining thereto prior to the time prescribed by the Interstate Commerce Commission for the destruction of records. This rule will apply on all unsettled claims. (39) Disposition of Papers. When the amount of any claim is divisible between carriers and does not exceed $20.00, the claim papers shall be retained by the settling carrier, except claims coming under Rule 50. When the total amount paid is not proratable or is more than $20.00, and only one other carrier is interested, state- ment and claim papers shall be sent to it, but if two or more other carriers are interested original statement and claim papers shall be sent to the carrier most distant, and a copy of the statement showing disposition of claim papers, to each other carrier interested. R. A. O. A. OVERCHARGE CLAIM RULES 17 Non-members. When paying carrier is an intermediate carrier, claim papers shall be sent to last interested car- rier in the direction of destination. When a non-member carrier is interested in any unsettled claim, settling car- rier may charge out to members their proper proportions under the rules, retaining papers with which to negotiate with the non-member as to settlement of its proportion. Any interested carrier shall have the right to obtain papers from carrier with which they are filed. See Rule 49. (40) Recharge of Disputed Amounts. When amount charged in accordance with Rule No. 38 is for any valid reason unsatisfactory, to debited carrier, it may be re- charged to paying carrier on monthly statement within one year from date of statement in which charge is in- cluded, except that when charge is made under Rule 12, the delinquent carrier shall not have the privilege of recharging without authority. No recharge shall exceed the original amount charged, nor shall any correction be required for less than One Dollar ($1.00). No recharge shall be made except over personal signa- ture of the claim officer, or when authority for other sig- nature is stamped on recharge statement. The objecting carrier shall notify all interested carriers and shall not again be charged until it so authorizes or claim is arbi- trated. Nothing in this rule shall make it obligatory upon any carrier to accept a distribution statement covering any claim in which investigation does not clearly show that such carrier handled the shipment, or to accept a draft covering such distribution statement. This applies on all unsettled claims. (41) Claims less than $1.00. Claims for less than one dollar shall not be consolidated to make an amount over the minimum (one dollar) , but shall be paid and absorbed by the settling carrier; provided shipment moved over its lines, but agents may include in one monthly claim for relief any number of shipments originating on the same road and traveling via the same route. (42) Minimum Debits. No charge shall be made by the carrier settling the claim against another carrier when the entire proportion beyond the settling carrier is less than $1.00, except as provided in Rules 18 (overcharge due to misrouting through error of carrier), 27 (collec- tion of guaranteed charges), 34 and 35 (adjustment of charges on freight insufficiently prepaid). 18 R. A. O. A. OVERCHARGE CLAIM RULES (a) When a^ non-member line is involved, mini- mum debit rufe shall apply between member lines. (b) In computing minimum a fraction of one-half cent or over shall be regarded as one cent. (c) When authority is given on the claim papers, the following will govern as to the minimum (subject to the exceptions stated in this Rule), paying carrier being considered as the first carrier. (d) When two carriers are involved, the second carrier shall not issue authority for any amount less than one dollar. (e) When three or more carriers are involved, intermediate carrier shall issue its authority for any amount less than one dollar when the entire pro- portion of succeeding carrier or carriers is one dollar or more. (f ) When last carrier's proportion is less than one dollar, next preceding intei mediate carrier shall issue authority for its own proportion and that of the last carrier if the two aggregate one dollar or more. (43) Correction Minimum. No correction shall be re- quired in a bill rendered or authority issued for any cleri- cal error less than one dollar ($1.00). (44) First Carrier Beyond Gateway or Rate Prorating Point to Give Divisions of Revenue for Overcharge Claims. When an overcharge is clearly located with a group of two or more connecting carriers beyond a com- mon gateway, crossing, or rate-breaking point, it shall be the duty of the first carrier beyond the gateway to furnish the paying carrier a statement which will clearly set forth the correct divisions to be applied and the pro- portions that were allowed the interested carriers in inter- line settlement, and unless such information is furnished within 60 days, the entire amount of such group propor- tion shall be charged to the said first carrier. It shall also be the duty of the first member carrier beyond the gate- way or rate-breaking point to furnish, upon request, rates and divisions with I. C. C. tariff authority therefor, to or from the rate breaking point when tariffs are not in the possession of the road against which claim is presented, such request to show junctions via which shipment moved. (a) Claims for relief of charges on freight short at junctions, as specifically provided for in Rule 50, shall be handled in accordance with that rule. R. A. 0. A. OVERCHARGE CLAIM RULES 19 (45) Honoring Authorities Granted. When authority has been granted on the strength of which money has been paid which would not otherwise have been paid, such authority shall be honored and no repudiation shall be allowed ; but when authority is simply a clerical error and no loss has resulted therefrom, it shall be susceptible of correction. (46) Insolvent Gamers. Should any carrier be in- solvent, uncollectible amount due from it shall be assumed by other carriers handling shipment. (a) If full amount is due from insolvent carrier it shall be prorated between all other carriers handling shipment on revenue basis. (b) Where two or more carriers are liable, insol- vent carrier's proportion shall be prorated between them, using their proportions of claim as factors. (c) Provided each participating carrier shall furnish by its proper officer a certified statement of account with insolvent carrier showing no credit available for offset. (47) Disposition of Undercharges Discovered. All undercharges occurring through errors in the original divisions of revenue which are discovered in handling overcharge claims shall be credited to the carriers to which they belong in the final apportionment; provided the amount is in excess of the debit minimum (Rule No. 42). STATEMENT OF AMOUNTS DUE AND PAYABLE BY DRAFT (48) Statements of Amounts Due. On or before the 10th of each month (or weekly by special agreement, if necessary to avoid a large accumulation), the paying car- rier should render a statement on R. A. O. A. form of amounts due from each debtor carrier with claim papers, when necessary, and as provided in Rule 38, and distribu- tion statements, to the proper officers by prepaid express, postal mail or messenger. Draft may be made by the creditor carrier on or after the 10th of the succeeding month for totals of statements, or, on agreement between 'carriers in interest, drafts may be made for the balances, which drafts shall be paid by the debtor carrier upon presentation. 20 R. A. O. A. OVERCHARGE CLAIM RULES (49) Return of Claim Papers to Paying Carrier for File. When claim papers are forwarded to another car- rier with bill for its authorized proportion or as provided in Rule 38, they shall be returned to the settling carrier as promptly as possible, and in any event within one year from date of rendition of bill or date of abstract of dis- tribution. Return of the papers shall be made to the officer in charge of claims of the paying carrier unless instructions to the contrary are attached to the papers. Any penalty incurred by the paying carrier for failure to have in its file papers supporting a claim after the time specified shall be with the carrier which has failed to return such papers to the paying carrier, as provided in this rule. This rule will not apply to claims charged out under Rule 50. (50) Relief of Charges on Short Freight. When freight checks short at junction point, intermediate point or des- tination, the carrier delivering the waybill on which freight is short shall, on demand, refund the full amount of revenue, that accrued up to junction point if freight does not reach destination within sixty days. No investi- gation further than the development of the above record shall be necessary. This is to apply to either junction or audit office settlements and on all unsettled claims (D-13) ; subject, however, to a minimum charge of one dollar. When two or more carriers are involved, the prin- ciple of distribution outlined in Rule 42 shall govern. When both the original waybill and the shipment are short at destination (the destination carrier having reported the waybill as result of tracing by the billing carrier), and the shipment fails to reach destination within sixty days, no further investigation is necessary, but destination carrier may arbitrarily charge its next connection the total amount of charge up to junction point, as provided in first paragraph of this rule, and each intermediate carrier may charge its next connection in a like manner. When the destination of short freight is a station on the line of two or more carriers, the agent of the carrier via which the shipment is routed, which holds the way- bill, shall advise the agent of the other carriers of the shortage, giving a description of the freight. The agents should carefully examine their records and warehouses^ and if located, the freight or charges collected, as the case may be, shall be promptly surrendered to the carrier R. A. O. A. OVERCHARGE CLAIM RULES 21 holding the waybill. Provided, however, that when a carrier transports a single shipment of less than carload astray freight, weighing five thousand pounds or more, or a car containing LCL astray freight, weighing five thousand pounds or more, the carrier holding the way- bills shall turn them over to the carrier performing the service. LOADED CARS HANDLED AS EMPTY (51) Loaded Cars Handled as Empty. When a carrier delivers to another carrier a car accompanied by an empty car ticket, running slip, or card waybill, or with advice that the car is empty, the receiving carrier and subse- quent carriers are warranted in handling the car as an empty. Carrier handling loaded car as an empty is entitled to revenue on one-way haul. See Rule 19. OBTAINING INFORMATION IN CONNECTION WITH RATES (52) Obtaining Information in Connection with Rates. When, in investigating overcharge claims, it is necessary to obtain rates from other carriers communications shall,, in all cases, be addressed to the accounting officer hand- ling overcharge claims, who shall be responsible for the furnishing of such information. VOTING POWERS AND PROCEDURE FOR CHANGING RULES (101) Voting Powers. The voting powers on questions relating to overcharge and agency relief claims shall be restricted to members who are in general or direct charge of such claims, and only one vote shall be allowed each member line, provided that this rule shall not be con- strued as permitting any individual member to cast more than one vote. (102) Membership on Arbitration and Appeal Com- mittees. Only members of the Association who are directly in charge of overcharge and agency relief claims shall be eligible for membership on the Arbitration and Appeal Committees. (103) Procedure for Changing Rules. Any member of the Association handling claims may take up with the President of the Association the question of altering or amending these rules. Such communications to be re- 22 R. A. 0. A. OVERCHARGE CLAIM RULES ferred to the Committee on Overcharge and Agency Re- lief Claim Rules, consisting of seven members, for consid- eration, and published in the Agenda. By a majority vote of the members eligible to vote on claim matters, these rules may be amended or altered at any annual meeting of the Association, such changes to be effective 90 days from date of adoption, provided that the Asso- ciation by three-fourths vote of members eligible to vote on claim matters, may make any alteration or amend- ment to these rules effective at once. (104) Penalty for refusing to Comply with Rules, Decisions, etc. Whenever any member of the Association declines to comply with any of its requirements or rules relating to the handling of claims, or declines to abide by decisions of the arbitration and appeal committees, as provided herein, such circumstance shall be reported to the President of the Association, and if he and the two Vice Presidents shall decide by a majority vote, from the written evidence submitted, that the member is guilty of the offense charged, he and the carrier he represents shall be deprived of the privileges of the Association as relating to claims. A member so suspended shall have the privilege of bringing the matter before the Associa- tion at its annual meeting and his reinstatement will be ordered by the President, if favored by a two-thirds vote of members eligible to vote on claim matters at such annual meeting. ARBITRATION AND APPEAL COMMITTEES (105) Arbitration and Appeal Committees. The Asso- ciation shall provide for two additional committees, each composed of three members directly in charge of over- charge claims, one to be known as the "Arbitration Com- mittee," the other as the "Appeal Committee." (106) Personnel of Committees. No two members of either arbitration committee or the appeal committee shall be selected from the same section of the country, but each of these committees shall be made up respectively of one member from eastern territory, one member from western territory, and one member from southern terri- tory. (107) Appointing Members to Appeal and Arbitration Committees. The President shall, within thirty (30) days after each annual meeting, appoint three (3) mem- R. A. 0. A. OVERCHARGE CLAIM RULES 23 bers each to the Appeal and Arbitration Committees. Such committees to serve until the next annual meeting of the Association. The personnel of both committees to be made up in accordance with the provisions of Rule 106. (108) Substitute in Case of Interest. If any member of the Arbitration Committee, or Appeal Committee shall be interested in any question referred to their committee or shall, for any other reason be unable to serve, the Presi- dent of the Association shall appoint disinterested mem- bers of the Association eligible as substitutes for those interested or unable to serve. (a) When a member has acted as arbitrator on a claim, it shall disqualify him from acting as member of the Appeal Committee on same claim, and the President shall appoint a disinterested member of the Association eligible to serve in his place. In case the President is interested or unable to serve, the appointment of a disinterested member shall be made by the First Vice President. If the First Vice Presi- dent be unable to serve for the same or any other reason, then the appointment shall be made by the Second Vice President. (109) Vacancy, How Filled, etc. In the case of death, or inability from any cause which is provided for above, or failure or neglect to render award with reasonable promptness of any member of the Arbitration Committee or the Appeal Committee to act, the President shall have the power to appoint another member. (110) Term of Office and Completing Work of Arbi- tration and Appeal Committees. These committees shall hold office for one year. At the close of each official year the Arbitration and Appeal Committees shall have thirty days in addition to its regular term of service of one year in which to complete the arbitration of such claims as have been submitted to it by the Secretary prior to the annual meeting. Each member of the Arbitration and Appeal Com- mittees shall have not to exceed ten days of such thirty days in which to make his awards on such claims. ARBITRATION COMMITTEE (111) Duties of Arbitration Committee. This commit- shall consider and act upon such claims as may be referred 24 R. A. O. A. OVERCHARGE CLAIM RULES to it in the manner hereinafter provided, and the decision of the majority of the committee shall be binding upon the parties involved, except that they shall have the right of appeal to the Appeal Committee, as provided by Rule 202. (112) Arbitration Committee No Equity Powers. The Arbitration Committee shall have no equity powers, but shall decide upon the evidence contained in the papers, in accordance with the rules in effect when brief is pre- pared by the carrier submitting claim for arbitration in accordance with the rules or rulings in effect at time shipment moved, date of bill of lading shall govern, unless the time of taking effect shall otherwise be specially pro- vided for in the rules or rulings. (113) Rules Applied to be Specified in Awards. The arbitrators shall definitely refer to rule or section of rule under which their award is made, and the arbitrators joining in the majority award shall agree upon and give their decision under the same rule. (114) Equity Power When Allowed. The Arbitration Committee shall not apply a penalty to a rule which does not specifically provide a penalty, provided, however, that if all the parties interested consent thereto in writing, the Arbitration Committee may render an award upon an equity basis on claims covered, or not covered, by these rules. (115) Awards to be Full and Explicit. In giving deci- sions, or awards, on claims, the arbitrators shall give decision on each and every question submitted, and such decision shall be explicit and consistent, so that it may be carried out. (116) No Cause of Action. When no cause of action lies under the rules, the Arbitration Committee shall so decide. In such cases the Ten Dollars Arbitration fee shall be charged to the carrier or carriers arbitrating claims without cause. From the decision so given by the Arbitration Committee, appeal may be taken to the Ap- peal Committee under Rule 202. (117) Claims Must Be Paid and Bear Evidence of Payment. All claims must be paid before they are sub- mitted for arbitration, and must bear evidence of such payment. Evidence of payment shall consist of claim- ant's receipt, or definite statement of auditor, treasurer, or officer in charge of the department controlling such claims that payment has been made. Such evidence shall R. A. O. A. OVERCHARGE CLAIM RULES 25 be embraced in the arbitration statement of the paying carrier or attached to the claim next below that carrier's statement. The statement of relief of agent by an author- ized officer of the accounting department shall be sufficient evidence of payment. (118) Paying Carrier to Submit. When the foregoing requirements have been complied with, the carrier paying the claim may submit it for arbitration, provided, how- ever, that when any interested member carrier accepts charge from another, which investigation afterwards develops should not have been accepted, and the amount for any reason cannot be recharged or collected from liable carrier, then the carrier outstanding the amount shall have the right to submit the claim for arbitration in all respects as though it were the paying carrier. (119) Statements to Be Submitted. A comprehensive statement, based upon the evidence in the papers shall be made, and the points upon which a decision is desired shall be definitely stated. This shall be done over the personal signature of the officer in charge of the claim department of the carrier presenting the claim for arbi- tration. This statement, and all papers, where initial carrier presents claim for arbitration, to move to the next carrier in the direction of destination, and where destination carrier presents claim for arbitration, to move to the next carrier in the direction of the initial carrier and each carrier in its turn shall present its statement in writing over the personal signature of the proper offi- cer, and shall then send such statement and papers to the next carrier interested, provided that where the claim is presented for arbitration by an intermediate carrier, the statement and all papers to be sent to the initial carrier and by it in turn to the next carrier in the direction of destination, except where the next carrier may be the carrier presenting the claim for arbitration, in which case papers shall be sent direct to the next car- rier beyond the carrier presenting claim for arbitration in the direction of destination. The carrier, when sub- mitting papers to next connection, shall forward copy of letter accompanying papers to the carrier requesting .arbitration. Numbering f Papers. Each paper included in the file to be numbered in the upper right corner by the carrier .submitting claim for arbitration, commencing with Num- ber One on the first paper at bottom of file. 26 R. A. 0. A. OVERCHARGE CLAIM RULES (120) Communication Between Interested Carrier and Arbitrators Prohibited. No direct communication, oraL written or printed, shall be allowed between members interested in an arbitration before, during, or after such arbitration, and any member of the Arbitration Com- mittee in connection with such arbitration, save and except as herein made and provided. Any necessary communication for a proper purpose shall be made through the Secretary, and when he is in doubt as to the propriety thereof, he shall refer the matter to the Presi- dent and be guided by his decision. (121) Preferred Attention Required. When papers are submitted as provided for above, they shall receive preferred attention in each claim office, thirty (30) days time being allowed each carrier in which to conduct addi- tional investigation and to prepare brief and forward its argument and papers. When it develops that any inter- ested carrier has failed to comply with the rules and requirements to make and attach its statement and for- ward the claim papers to the next interested carrier, or to the carrier asking for arbitration within thirty (30) days after receipt of claim papers, or where any carrier loses claim papers submitted to it for the purpose of arbitration, notice of such default shall be given by the carrier asking for arbitration to the delinquent carrier by registered mail, securing postal authority receipt therefor, which shall be forwarded by registered mail to the Secretary of the Association, together with carbon of letter transmitting notice. The delinquent carrier, shall within thirty (30) days of receipt of such notice by him, send to the Secretary by registered mail a carbon of his letter forwarding the papers to an interested carrier, and if he fails to do so the Secretary of the Association shall, without further notice, adjudge the delinquent carrier in default of the full amount of claim, and the delinquent carrier, shall be required to pay the same forthwith to the carrier asking for arbitration. When the carrier so adjudged to pay the claim as hereinbefore provided, shall have duly paid the claim, all rights in the claim and all authorities given thereon shall fully pass to such carrier so adjudged. And it is further hereby provided that such adjudged carrier shall have the right to subsequently submit the claim to arbitration in the same manner and with the same rights R. A. O. A. OVERCHARGE CLAIM RULES 27 under the rules and rulings as originally were possessed by the carrier who paid the claimant. (122) Carrier Refusing to Submit Statement Not Re- leased. In the event of any carrier refusing to present a statement of its case, such refusal must be made in writ- ing over the personal signature of person in charge of claims, and the papers forwarded to the next carrier in interest within the specified time. But such refusal to present its statement or argument shall not release any carrier from its liability under the decision of a majority of the Arbitration Committee. (123) Papers Returned Through Interested Carriers. When all carriers interested have stated their case or refused to do so, the papers shall be returned by the last carrier through the interested carriers to the carrier requesting arbitration, which shall then forward the papers at once to the Secretary, first ascertaining that all rule requirements have been complied with, and that papers are in as neat a condition as possible, properly backed and otherwise arranged as provided by Rule 119. If subsequent to the attachment of the brief of any car- rier, another carrier makes additional investigation or attaches copies of previous arbitration or appeal decisions, opinions, of counsel decisions or rulings of any lawfully constituted, administrative or judicial body, tariff publi- cations or rules, contracts, agreements, or other matter not contained in the claim papers or quotes such matters in its brief and the new facts or authorities thus developed or cited purport to affect the liability of carriers whose briefs have already been submitted, then such carrier shall be entitled to further investigation, and one rebuttal only, and the right to see all rebuttals subsequently attached, but this rule shall not be construed as permit- ting further argument over citations, facts, or records, contained in the papers, and which each interested carrier has had an opportunity to present or defend. (124) Methods of Forwarding Papers. All arbitration claims shall be forwarded between interested carriers by express, registered postal mail, or registered railroad mail. The carrier forwarding papers shall prepay all necessary charges. (125) Arbitration Fee. A fee of Ten Dollars shall be charged for arbitrating each claim, such fee to be ad- vanced by the carrier asking arbitration, and must accom- pany papers to the Secretary of the Association. 28 R. A. 0. A. OVERCHARGE CLAIM RULES (126) Arbitration Fund, How Disposed Of. All fees paid for arbitrating claims shall be kept by the Secretary of the Association as a separate fund, to be known as the "Arbitration Fund." One dollar of the fee for each claim arbitrated shall be credited to the general fund of the Association and at the end of the year $3.00 for each claim arbitrated by them during their official year shall be paid to each member of the Arbitration Committee, provided that $3.00 each on such claims as shall have been arbitrated by substitute members of the Arbitration Com- mittee shall be paid to such substitutes. (127) Procedure of Committee, etc. When the fore- going requirements have been complied with (as to which the Secretary of the Association shall be the judge), the Secretary shall attach his acknowledgment of the arbi- tration fee and forward the papers to a member of the Arbitration Committee, not the chairman, who shall render his award in the case, and forward the papers with his award to the other member of the Arbitration Committee, not the chairman, who shall render his award and forward his award and all papers to the chair- man. The chairman shall render his award and forward the award of the Arbitration Committee, together with all papers, to the Secretary, who shall return all the papers together with the award rendered by the Arbitra- tion Committee to the carrier from whom he received them originally. Each member of the Arbitration Committee shall send to the Secretary a carbon of his letter of trans- mittal to the next member of the committee. (128) Secretary to Notify Interested Carriers of Deci- sions. The Secretary shall notify each carrier interested the result of the decision of the Arbitration Committee. Should any carrier so interested question the decision rendered by the Arbitration Committee, that committee shall not be permitted to reopen or reconsider the case except in event of a clerical error, at to which the Sec- retary shall be the judge. Such dissatisfied carrier's recourse shall be to the Appeal Committee, as provided in Rule 202. (129) Paying Carrier to Charge Out Per Arbitration Decision. Upon receipt of papers with Arbitration Com- mittee's award, the paying carrier may in conformity with such award, and in accordance with Rule 42 charge by arbitrary debit, regardless of amount, such carrier or carriers as have been penalized and who accept arbi- R. A. O. A. OVERCHARGE CLAIM RULES 29 trary debits under the plan outlined in Rule 42. The carrier or carriers penalized, who do not accept arbitrary debits, shall issue authority for their proportion within thirty (30) days after receipt of papers. The papers to be sent to the most distant carrier, to be passed in turn to its immediate connection within thirty days, and so on until they reach the paying carrier for file. Papers in all cases to be forwarded between interested carriers by express or registered postal mail. If paying carrier de- sires to appeal claim, it will be required to carry fuL amount, pending decision of the Appeal Committee. (130) Procedure When Papers Are Lost After Arbi- tration Decision. When claim papers are lost after deci- sion has been rendered and diligent search fails to find them, carrier or carriers decided against may be debited Avith their proportion on basis of Arbitration Commit- tee's award without duplication of papers further than a copy of the award, unless one of the interested carriers desires to enter an appeal, in which case a duplicate set will be necessary and must be furnished by carrier losing the papers. ( 131 ) Procedure When the Arbitration Committee Fails to Reach Majority Award. When the Arbitration Com- mittee fails to make a majority award, the chairman of the committee shall refer the papers back to the members of the committee to see if an agreement can be reached. If it cannot be so reached by the committee, then recourse shall be had to the Appeal Committee through the Secre- tary, in accordance with Rule 202, the appeal fee to be paid out of the general fund. (132) Arbitration Fee, How Apportioned. The charge for arbitration shall be borne by the carrier or carriers against which the decision is given, and shall be appor- tioned by the Arbitration Committee (or Appeal Com- mittee in case of appeal) at time decision is rendered, except that such carriers as have agreed in their brief to assume an amount equal to or in excess of that assessed them by the arbitrators, shall be exempt from partici- pation in the fee. The receipt of the treasurer attached to the papers shall be deemed a sufficient voucher for the collection of such amount. (133) When Traffic or Operating Agreements Involved. When submitting claims involving legitimate traffic or operating agreements, such agreements shall be quoted in the arguments presented and acknowledged or repu- 30 R. A. 0. A. OVERCHARGE CLAIM RULES dialed by the other carriers interested therein, and failure to repudiate shall be considered an acknowledgment. If said agreements are of such a nature that it is deemed improper or inadvisable by the parties to make them known to the committee, the claim must not be sent to the committee, but should be referred to and settled by the officers of the carriers parties to such agreements, unless all parties consent to waive said agreements and allow the claim to be arbitrated under the rules of the Association, which waiver shall be duly recorded in the argument of each carrier. (134) Refusal to Abide by Award. It shall be the duty of the members to report to the President of the Asso- ciation the refusal of any member to abide by the awards of the Arbitration Committees, or to take an appeal, as provided for in Rule 202. (135) When Non-member Interested. In cases where any members have a dispute with a non-member carrier, and the member carrier desires to have it arbitrated, the Arbitration Committee shall act on the claim; provided that the member carrier can and does obtain, over the personal official signature of the proper officer of the non- member carrier, his consent to accept the Arbitration Committee as the arbitrators, and that he will comply with the requirements and rules and abide by and fully comply with the decision of a majority of the committee. (136) When Non-member Declines to Arbitrate. If the non-member carrier declines to arbitrate, this will not prohibit arbitration on the claim as between the mem- ber carriers, and such award as may be made against a non-member carrier shall be assumed by the paying carrier when non-member carrier is alone liable. When liability rests jointly between member carrier or carriers and non-member carrier, the amount assessed against non-member carrier shall be assumed by member carrier if but one member carrier. If more than one, the amount of claim shall be assessed against member carriers held liable on basis of the award. (a) Non-member Right of Appeal After Agreeing to Arbitrate. Non-member carriers shall have right of ap- peal from decision of the Arbitration Committee, provided they have agreed to abide by rules of this Association, but they shall not be allowed any initiative arbitration privi- leges. A member not directly interested cannot submit claim for arbitration on account of a non-member carrier. R. A. 0. A. OVERCHARGE CLAIM RULES 31 APPEAL COMMITTEE (201) Appeal Committee to Consider on Same Basis. The Appeal Committee shall be required to consider claims which are referred to them on the same basis as that on which originally presented to the Arbitration Committee. (202) Procedure for Appeal. Should any carrier be dissatisfied with the decision of the Arbitration Com- mittee, an appeal may be taken to the Appeal Commit- tee, provided notification to Secretary, stating date papers first reached the appealing carrier with decision of the Arbitration Committee, with copy or copies to carriers interested, be sent within thirty days after receipt of papers with award. A deposit of $15.00 must accompany notification to the Secretary, and the Secretary's acknowledgment of the $15.00 shall be filed in the claim papers and shall be proof to all concerned that the claim is duly under appeal. In the event a carrier which has filed with the Secretary a notice of appeal, decides later to withdraw such appeal, it shall send carbon copy of notice of with- drawal to all interested carriers, and any other interested carrier will not then be debarred from appealing the case account of the thirty (30) days' time limit having expired. Such other appeal must be made within thirty (30) days after again receiving papers. (203) Statements to Appeal Committee. The carrier asking appeal shall have thirty days after such notice to Secretary in which to prepare its argument, over the per- sonal signature of the officer in charge of the claim office, and the papers shall then be referred with argument by the appealing carrier to the carrier nearest to it in the direction of destination. Each interested carrier shall have the papers and the right to make, within thirty days, one argument to the Appeal Committee, which must be done over the personal signature of the officer in charge of claims. No additional investigation shall be made by any carrier and no new facts or evidence shall be presented; provided, however, that any carrier may cite in its argument any previous decisions of the Appeal Committee. When all carriers interested have so argued their case, or refused to do so over the personal signa- ture of the officer in charge of claims, the papers shall be returned by the last carrier, through interested car- 32 R. A. O. A. OVERCHARGE CLAIM RULES riers, to the carrier making appeal, fifteen days' time being allowed each carrier within which to so return the papers to the next interested carrier. When papers reach the appealing carrier they shall be forwarded within fifteen days to the Secretary, unless such carrier desires to withdraw its appeal and comply with the decision of the Arbitration Committee. When any carrier fails to attach its argument or refusal and forward papers within thirty days, or to return the papers to next interested carrier within fifteen days as provided in this section, or when any carrier loses claim papers submitted to it under this section the procedure and penalty set forth in Rule 130 shall apply. The pro- visions of Rule 131 and 132 shall also apply to claims submitted for appeal. No direct communication, oral, written, or printed, shall be allowed between any member interested in an arbitration before, during or after such arbitration, and any member of the Arbitration or Appeal Committees in connection with such arbitration, save and except as herein made and provided. Any necessary communication for a proper purpose shall be made through the Secretary, and when he is in doubt as to the propriety thereof, he shall refer the matter to the Presi- dent and be guided by his decision. (204) Procedure of Committee. The Secretary, after ascertaining that the foregoing requirements have been complied with (as to which he shall be the judge) shall promptly transmit papers to a member of the Appeal Committee other than the chairman. The member to whom first sent shall attach his award, after which papers shall be passed in convenient order to the other member of the Appeal Committee for like attention; the chair- man to attach his award last. It shall be the duty of the chairman to see that a majo- ity award has been given, which shall be final, after which the papers shall be sent to the Secretary, who shall return them to the carrier originally submitting them for aibitration. (205) Disposition of Appeal Fee. It the Appeal Com- mittee affirm the decision of the Arbitration Committee, the deposit of $15.00 shall be forfeited and credited to the general fund of the Association. If the Appeal Committee do not affirm the decision of Arbitration Committee, the $15.00 deposited shall be credited, to the general fund of the Association, and this amount, together with the arbi- R. A. 0. A. OVERCHARGE CLAIM RULES 33 tration fee of $10.00, shall be charged to the carrier or carriers against which the decision is rendered, provided that if the claim is appealed by other than the paying carrier, that such of the appeal fee as is not charged against the appealing carrier may be charged by the appealing carrier to the paying carrier. Upon receipt of papers with the Appeal Committee's award, the paying carrier may, in conformity with such award and in accord- ance with Rule No. 42 charge by arbitrary debit, regard- less of the amount, such carrier or carriers as have been penalized, and who accept arbitrary debits under the plan outlined in Rule No. 42. The carrier or carriers penalized who do not accept arbitrary debits shall issue authority for their proportion within ten days after receipt of papers. The papers to be sent to the most distant carrier, to be passed in turn to its immediate connection within ten days, and so on until they reach the paying carrier for file. Papers in all cases to be forwarded between interested carriers by express or registered postal mail. When claim papers are lost after decision has been rendered and dili- gent search fails to find them, carrier or carriers decided against may be debited with their proportion on basis of Appeal Committee award without duplication of papers further than a copy of the award. (206) Compensation of Committee. At the end of the year five dollars ($5.00) for each claim reviewed by them during their official year shall be paid out of the general fund of the Association to each member of the Appeal Committee, provided that five dollars each on such claims as shall have been reviewed by substituted members of the Appeal Committee shall be paid to such substitutes. (207) Carbon Copies to Secretary. Each member of the Appeal Committee shall send to the Secretary a car- bon copy of his letter of transmittal to the next member of the committee. (208) Appeal Committee to Complete Work. The work of the Appeal Committee shall be completed by them so far as claims before them are concerned and their unfin- ished labors shall not be turned over to the new committee for the ensuing year. (209) Appeal Committee May Interpret Rules. In case there shall be a dispute between parties, members of this Association, as to the proper interpretation, mean- ing, or effect, of any rule of this Association, any party 34 R. A. O. A. OVERCHARGE CLAIM RULES interested may submit question or dispute to the Appeal Committee for consideration and determination. Each party, in presenting his contention, shall be governed by the rules and provisions applicable to the submission of claims to the Appeal Committee for decision. (210) Previous Decisions as Authority. In quoting previous decisions of Arbitration and Appeal Commit- tees, only such decisions and awards as have been made by the Railway Accounting Officers Association shall be recognized as authority. R. A. O. A. Standard Form No. 300 Size 8^x11 inches. To be printed on yellow paper. Standard Form for Presentation of Overcharge Claims Approved by the Interstate Commerce Commission, December 2, 1913. Railway Accounting Officers Association and National Industrial Traffic League. (Name of person to whom claim is presented) Name of carrier) (Address of claimant) (Date) ( Claimant's Number) Carrier's Number) (Address) This claim for $ is made against the carrier named above by (Amount of claim) (~Name~of claimant ) ~ for Overcharge in connection with the following described shipments : Description of sh pment Name and address of consignor (shipper) IIII-IIIIIIII! Shipped from To (City, town or station) (City, town ~o~r station)"' Final Destination Routed via _. (City, town or station) Bill of Lading issued by Co.; Date of Bill of Lading . Paid Freight Bill (Pro.) Number ; Original Car Number and Initial II Name and Address of Consignee (Whom shipped to) _ " If shipment reconsigned en route, state particulars ^ Nature of Overcharge . (Weight, rate or classification, etc.) DETAILED STATEMENT OF CLAPM NOTE. If claim covers more than one item taking different rates and classification, attach separate state- ment showing how overcharge is determined and insert totals in space below. No. OF PKGS. ARTICLES WEIGHT RATE CHARGES AMOUNT OF OVERCHARGE Charges \ Paid: \ Total \ Should \ have V been: \ Total Authority for rate or classification claimed. Give, so far as practicable, Tariff reference (I. C. C. number, effective date and page" or" item")" IN ADDITION TO THE INFORMATION GIVEN ABOVE, THE FOLLOWING DOCUMENTS ARE SUBMITTED IN SUPPORT OF THIS CLAIM.* ( ) 1. Original paid freight ("expense") bill. ( ) 2. Original invoice, or certified copy, when claim is based on weight or valuation, or when shipment has been improperly described. ( ) 3. Original bill of lading, if not previously surrendered to carrier, when shipment was prepaid, or when claim is based on misrouting or valuation. ( ) 4. Weight certificate or certified statement when claim is based on weight. 5. Other particulars obtainable in proof of Overcharge claimed: f REMARKS : The foregoing statement of facts is hereby certified to as correct. (Signature of claimant) Claimant should assign to each claim a number, inserting same in the space provided at the upper right hand corner of this form. Reference should be made thereto in all correspondence pertaining to this claim.- "Claimant will please place check (x) before such of the documents mentioned as have been attached, 'and explain under "Remarks" the absence of any of the documents called for in connection with this claim. When for any reason it is impossible for claimant to produce original bill of lading, if required, or paid freight bill, claimant should indemnify carrier or carriers against duplicate claim supported by original documents. tClaims for overcharge on shipments of lumber should also be supported by a statement of the number of feet, dimensions, kind of lumber, and length of time on sticks before being shipped. Claims based on rates quoted in letters from traffic officials should be supported by the original or copies of such letters. R. A. O. A. Standard Form No. 308 Size 8%xll inches. To be printed on paper light green in color. NORTH AND SOUTH RAILROAD ABSTRACT OF DISTRIBUTION STATEMENTS-OVERCHARGES No.. 19. MR.. Herewith the following Overcharge Claim Distribution Statements and claim papers, as provided in Railway Accounting Officers Associat : on Rule 38, showing amounts charged your company in the settlement of claims to date. The amount of this account will be included in a draft to be drawn on your Treasurer, on the 10th prox. per Railway Accounting Officers Association Rule No\. 48. OUR NO. YOUR NO. AMOUNT OUR NO. YOUR NO. AMOUNT OUR NO. YOUR NO. AMOUNT TO TAL TO' PAL TOT AL Cross Ruling for double space typewriter. AUDITOR NORTH AND SOUTH RAILROAD COMPANY R. A. O. A. Standard Form No. 304 Size 8%xll inches. To be printed on paper light green in color. NORTH AND SOUTH RAILROAD STATEMENT OF OVERCHARGE CLAIM AUTHORIZATIONS No .19. MR. Herewith statement of authorized debits against your company for Overcharges settled (paid or vouchered) during the month oi AUDITOR OUR CLAIM NUMBER YOUR CLAIM NUMBER AUTHORITY NUMBER AMOUNT OUR CLAIM NUMBER YOUR CLAIM NUMBER AUTHORITY NUMBER AMOUNT - -v ' Cross Ruling for double space typewriter. NORTH AND SOUTH RAILROAD This portion should be used for Voucher memorandum and distribution purposes, according to the individual requirements of the carrier. When draft authority is detached, this sheet should be retained by carrier issuing the authority. The entire sheet should be not less than S^xll inches, and the size of the authority should be 8 1 /&x3% inches. It is intended the draft authority shall always be at the bottom of the sheet. To be printed on yellow paper. R. A. O. A. Standard Form No. 806 THE NORTH AND SOUTH RAILROAD ACCOUNTING DEPARTMENT Authority No N. & S. R. R. Co. Claim No Claim No 19 NOT NEGOTIABLE This document (no other papers required) will be authority for the road paying claim to include Dollars ($ ) in monthly statement to be sent to not later than the 10th of the month. The total of the statement is subject to draft on the Treasurer of this Company ten days later. AUDITOR If amount authorized is incorrect, return all papers for correction to Auditor, OVERCHARGE CLAIM AUTHORITY INDEX GENERAL RULES RULE NO. Changes in rules 103 Failure to comply with rules penalty 104 Membership on committee 101 Rules Changing procedure 103 Failure to comply with, penalty 104 Voting powers J 101 41 INDEX INDEX OF RULES PERTAINING TO THE INVESTIGATION. AD- JUSTMENT AND APPORTIONMENT OF OVERCHARGE CLAIMS. RULE NO. Accounting officers, to furnish rates 52 Acknowledging receipt of claim 16 Additional prepayments at junction, guaranteeing 34-35 Advanced charges to be shown in detail on billing 30 Agency reliefs 15 Amounts due and payable by drafts 48-50 Application of rules A-l Apportionment of claims Astray freight 19 Coal and coke 24-26 Disputed divisions 22 Erroneous rate quotations 23 Misrouting 18 Rates, weight or classification 17 Terminal charges 21 Veracity, questions of 20 Arrangement of claim papers 3-4 Authority granted must be honored 45 Blanks, uniform M-5 Carrier at fault may pay direct 5 Cars, loaded handled as empty 51 Cash, transmitting M-l Charges, collection of correct amount 31 guaranteed 27 on short freight, relief of 50 Claims for less than $1.00 41 presented to intermediate carrier 1 Classification erroneous, apportionment of overcharge- 17 investigation of overcharge 9 Coal and coke claims 24-26 Corrections, adjusting claims by M-3 Collection of additional freight charges 33 of charges, evidence of 10 responsibility for 31 destination carriers to receive assistance of guaranteed charges 27 Correction minimum ! 43 Correspondence, penalty for failure to reply to 12 Damaged freight refused and sold 28-29 Deficits arising from uncollectible charges 28-29 Definitions D1-D16 Demurrage charges M-7 42 INDEX INVESTIGATION, APPORTIONMENT 43 RULE NO. Destination carrier responsible for collection of correct charges 31 to receive assistance from other car- riers in collections or refunding 32 Destruction of records 38 Direct investigation 12 payment 5 Disposition of amounts not chargeable to destination car- riers 33 of deficits from uncollectible charges 28-33- of undercharges discovered 47 Disputed amounts, recharge of 40 claims 25 divisions 22 Distribution statements and disposition of papers 38-39-49 Diversion failure 37 Division of revenue to be furnished by gateway line 44 Divisions of rates 13 Documents, supporting when missing 2 Double haul, carrier handling to refund on return haul 19 Draft settlements :__ 48 Drafts, amounts due payable by 48-50 Erroneous Destination, waybilling freight to 19 rate quotation 23 Evidence of collection of charges 10 of payment in papers 11 to support claim 1-2 Express charges on papers 14 Failure to accomplish diversion 37 to reply to inquiry regarding claim 12 Fees, counsel 25 First carrier beyond gateway to give division of revenue 44 Forms, uniform blanks M-5 Forwarding shipments billed short of destination 36 freight to be sold for charges 29 Freight bill, indemnity required when missing 2 original evidence of collection 10 unloaded short of, or carried beyond correct desti- nation 19 Guaranteed charges 27 Guaranteeing additional prepayment at junctions 34-35 Guarantee of additional freight at junctions 34-35 Honoring authorities granted 45 Insolvent carrier's proportion to be prorated 46 Interline settlements after payment 38-47 Intermediate carriers, claims presented to 1 Investigation and settlement of claims 5-15 direct 12 Laws, Federal or State, conflict with A-l Legal action 25-33 Loaded cars, handled as empty 51 Membership prior to A-l Minimum debits and exceptions 40-41-42-43 Miscellaneous charges to be shown in detail on billing 30 rulings and recommendations M1-M7 44 INDEX INVESTIGATION, APPORTIONMENT RULE NO. Misrouting causing overcharge 18 Non-ir.embers, settlement with 39-42 Notations on papers 4 Numbers, advice of 16 Obtaining information in connection with rates 52 Order of papers 4 Original paid freight bill, evidence of collection 10 Overcharge on coal and coke , 24-26 on interline billing M-3 in rate, weight or classification, investigation of 7-8-9 apportion- ment of 17 statement of, in papers 13 by misrouting 18 by freight going astray '. 19 involving question of veracity 20 Papers, evidence of payment 11 fastening 4 filed with paying carrier 49 mutilation of 4 notations on , 4 order of 3 passing to claimant's possession M-2 presentation of 1 removing from files 4 retained by paying carrier 39 returned to settling carrier 49 submitted to counsel 25 submitting to other carriers 26 supporting documents, missing 2 to accompany charge 39 wrappers 3 Payment, direct 5 evidence of 11 Penalty for failure to reply to inquiry 12 Penalties, papers not on file 49 Personal signatures ; 40 Prepayment of charges 34-35 at junction point 34-35 Presentation of claims 1-2 Prior to membership A-l Question of veracity 20 Rates and divisions, authority for 13 erroneous, investigation of overcharge 7 erroneous, apportionment of overcharge 17 erroneous, responsibility for collection proper charges to be furnished by Accounting Officers 52 unauthorized, not to be protected 6 unauthorized, used on bill of lading-- 6 Receipt of papers, acknowledgment of 16 Receipts for payments M-4 Recharge, personal signature 40 Recharges of disputed amounts 40 INDEX INVESTIGATION, APPORTIONMENT 45 RULE NO. Records, destruction .of 38 Refunds, destination carrier to receive assistance 32 Refused freight sold for charges 28-29 Relief of charges on short freight 44-50 agent's account 15 Responsibility for collection of correct charges 31 Return of claim papers to paying carrier for file 49 haul 19 Revenue divisions 44 Rules, application of A-l Rulings and recommendations, miscellaneous M1-M7 Sale of freight for charges 28 : 29 Settlement after payment 38-47 Shipments destined to non-agency stations 35 destined to agency stations, requiring prepay- ment 34 waybilled short of destination 34 Short freight, relief of charges on 44-50 Showing miscellaneous advances on waybills 30 Statements of amounts due and payable by drafts 48-50 of amounts due and subject to draft 48 of overcharge 13 Stop off, failure to make 19 Storage charges M-7 Suits, legal 25-33 Tariff authorities 13 Terminal charges excluded from revenue in overcharge claims 21 Unauthorized rates 6 Unclaimed freight to be sold for charges 28-29 Uncollectible charges 33 Undercharges, collection of 31 destination carrier not liable 31 to be properly credited 47 Veracity involved on claim for overcharge 20 Weight, erroneous, investigation of overcharge apportionment of overcharge 17 Weights, variations of scales 24 When documents missing 2 Wrappers, or claim backs 3 INDEX ARBITRATION AND APPEAL COMMITTEES AND PROCEDURE IN CONNECTION WITH ARBITRATION OF CLAIMS. RULE NO. Action, no cause of 116 Additional investigation 123 Agreements, traffic or operating 133 Appeal, procedure for 202 under Rule 202, from decision by arbitration committee of, no cause of action 116 time limit 202 Committee 105-110 201-210 appointment of members 107 to complete work 110-208 to consider on same basis as arbitration 201 compensation 206 may interpret rules 209 majority award 204 membership 102 personnel 106 procedure of 204 statements to 203 substitute members 108 term of office 110-208 vacancies 109 Appeal fee 202 disposition of _ 205 Appointing members to Arbitration Committee 107 Arbitration and Appeal Committees 105-136 appointing members to 107 Arbitration Committee, completing work of 110 decisions and awards to be full and explicit 115 decisions binding 111 duties of 111 membership on 102 no equity powers 112 personnel 106 procedure of, etc 127 substitute to be appointed in case of interest 108 term of office 110 vacancy, how filled Arbitration fee 125 how apportioned 132 how to charge 116-129 46 INDEX ARBITRATION AND APPEAL 47 RULE NO. Arbitration fund, how disposed of 126 Arbitrators, communications with, prohibited 120 Attention, required, preferred 121 Authority, previous, decisions as 210 Award, majority, Appeal Committee 204 procedure when Arbitration Commit- tee fails to reach 131 Awards, refusal to abide by 134 rules applied to be specified in 113 to be full and explicit 115 Carbon copies to Secretary . 207 Carrier, interested, Secretary to notify of decisions 128 paying, to submit 118 refusing to submit statement, not released 122 Carriers, interested, communications between 120 interested, papers returned through 123 Claim papers, method of mailing 119 numbering of 119 Claims must be paid and bear evidence of payment 117 Committee, Appeal 105-110 201-210 Arbitration ^ 111-136 personnel of 106 Communications, between carriers and Appeal Committee, prohibited __._ 203 between interested carriers and arbi- trators, prohibited 120 through the Secretary 203 Compensation of Appeal Committee 206 Correspondence copies to Secretary 207 Decisions of Arbitration Committee pending 111 of committee, failure to comply with 104 arbitration, paying carrier to charge out per 129 Secretary to notify of 128 Disposition of appeal fee 205 Duties of Arbitration Committee 111 Equity power 112-114 Failure to comply, decisions, etc., penalty for 104 Fee, appeal 202 appeal, disposition of 205 arbitration 125 arbitration, how apportioned 132 Forwarding papers, method of 124 Fund, arbitration, how disposed of 126 Investigation, additional 123 Lost, papers, after appeal decision . 205 papers, after arbitration decision 130 Majority award, failure to reach 131 Membership on Arbitration and Appeal Committees 102 Method of forwarding papers 119-124 New facts developed 123 No cause of action 116 Non-member, right to appeal after agreeing to arbitrate. _ 136-A when declines to arbitrate 136 when interested _ 135 48 INDEX ARBITRATION AND APPEAL RULE NO. Numbering of papers 119 Operating or traffic agreements^ 133 Papers, methods of forwarding 124 procedure when lost 130 returned through interested carriers 123 Paying carrier to charge out, per arbitration decisions 129 to submit 118 Payment, claims must bear evidence of 117 Penalty for refusing to comply, decisions, etc 104 Personnel of committees 106 Preferred attention required 1 121 Previous decisions as authority 210 Procedure of Arbitration Committee 127 of committee 204 for appeal 202 when Arbitration Committee fails to reach majority award 131 when papers lost, after arbitration decision 130 Rebuttal statements 123 Refusal to abide by awards __ 134 Refusing to submit statement 122 Rules, Appeal Committee may interpret . 209 applied, to be specified in awards 113 decisions, etc., refusing to comply with, penalty for 104 Secretary to notify carrier of decisions 128 Statements, refusing to submit 122 Statements to Appeal Committee 203 to be submitted 119 Substitute, in case of interest 108 Term of office and completing work of Arbitration and Appeal Committees 110-208 Time allowed each carrier to prepare brief 121 Traffic or operating agreements 133 Vacancy, how filled, etc 109 When non-member declines to arbitrate 136 interested 135 When traffic or operating agreements involved 133 Withdrawal of appeal 202 CLAIM OFFICERS BY COMPANIES 49 e-ife QW WO o w oa I s 8 PQ w rt c3 03 3 "SI ^33 I M S.2 i ^ a 1? TJ S^JfltSJ til99l 15 H ^ V H3 S . 2 s 2 iCj ^is ^1 oj r oj S-M 0 *-> rC 5S 43 -O -i-> C c e c .566 oS d eS +$+$ 53 13 OJ PQPQM 50 CLAIM OFFICERS BY COMPANIES ri;rf^ Plii^iijiJifJi ig| CLAIM OFFICERS BY COMPANIES 51 5fe%J rfe'3 r.-g rOo - i|*XSi3^4e^(j fc -iC 6?pu?ti3t*i ..|S*!j?S b b "S .=3 ^ K c; - nT^ ^ *' S u > ^'^.".-^'.JL,-'^*^" 1 !; f2 O! S'H'O .T ^^ 9J ^ cf^j u fe(J "g rf -o flgSSS? Illlja -11 a ^ g-sS ? + J r->'^ ^^03, ^|3 cCM fi ^K ^s6?s iG +> lii^^S^i w a^g|o|2ll ; .2 w U 3 l H l e H|^ ? |l s -||fi|* "T 1 W-tJSrC XX ^ d 6 l"ll |^|1 wl; l^-sl ^WH^ ^ l.f ^rf^.iSad" Wia^S^*! i ?^ Vn-'Z ""! t -. 02 * . X T3 j3 6 c3 :J|Si*aa6| l^^tlJlljeJ Mitl! a *lt tflllfct^tf ||aa|&g3 = r !l2 r l.S : 0) ^ -43 PQ M 60. x *& K* 1 ^^ ^O i% z W S5 . ^^^ -^1 g w o (Dob) i . oS-S ^^i 'S c '-2 0^ 52 CLAIM OFFICERS BY COMPANIES 4|| w'fl *%< HI gg* =35 &? ?fi| 11! ; C*^||<0 3 jfg8" i !l' -|krf fl jts- oa w * . w r l^|slQi^SQ|tll "^d u ^^>^rf fag ^131 1^1* ^JgfjBj rOgg M .^ . c S-aJ-i-J - jftVM ^ * ^^ cd S * as ^^ ^ ^^ ^ S ^ H3 .feoPn.jQ'3^! -r^b:^^ 1 McCaa, Aud. Frt. Schmittgens, Jr. Vance, Treasurer Smith, Gen. Mgr. . DeGette, Frt. Cl Clark, Gen. F. & oran, Aud. Frt. M oa Co W v y nve & E Ry. d Co 666 QQQQQQQQQQQQQQQQP IfAii fe^J e 3 w: s **Ki^ 111JK:i CLAIM OFFICERS BY COMPANIES 53 g o>uO~ - g BB es^I r r ^3HQ-5 S&jtifrjJitirctftfl O O ^ o<5 , .3gM5o*cS t< .. l s .|^|3^C| ^iSlfSill^ ^=3|,|2oS2 it 1 a 6 > 1 d Is I T3 > C 03 d g 00 CO O d) p^j r^ ,rt ga rf s3| & llt^lrfl : I mi^aW g ooooo 3 ^-^ w ^S ee| CLAIM OFFICERS BY COMPANIES 55 HH * 1& il *y** ftflsdo** i-Sx"^ o S 'a s .a H: c r" 11^ ^,5^ M 2 02 03 s ^ +r fH . O 02 ft w 73 ^ .l^ 3 a o i 03 e 5 d ~' 'at-i^ rj . d c <^ i d 1 > : 1 c3 ^J 05 '5 ip" 1,5 In 1 1 1 T3 I llsiiiliiff iiiiillliBiil nl sill r? e3c3rtoJcJoJa)QJflJ."O rt a rf M S^^^ .C *i 2; S S S S S R R 56 CLAIM OFFICERS BY COMPANIES M foi g g2l o H 3 3$** O 3-ofe flw -OB tf> g fit^fft* | < jT .J S^" 1 :^ S^fe": ^ii^iil_gltiii >> 6 -P _Q ^_> * c do M h 02 5* O ^u a Su S CO c c eS >, -1C c . IK !>.2o* 3* MHO^ 5 (S g.-o-Oo M 'S *i^ i^ 5 !^ *% OlifRSi- stg si^vs !p Hlallll 1=5 I^s| OT ^'S : o 3 i?J 5 o B-e'^'-'C a ,s| w p . j, ?S-5^i ;i^l ^g^ 11 5 i^ "B>. "S ti311 | W^|6 C -Sftl-Hli 4 (UM b :!!!!?!!! > jp: s c ^ u^ T3 . e3 O OM ^^o d u ?-O2 ^ "^ ^ " pS l|lii|l| Si I c^ 0) cj >H -M as s ito! ii . ^ ^ r-< - pS fl C S$ oooooooo SMi*2al 0^ * PH PH PH fe PH OH OH CLAIM OFFICERS BY COMPANIES 59 5 ? ^ it , "S -P^o^ g *g -pf*H S ^S S5 S^s-s-a r c ^- fe8 ^S 5>o hj^-?ffi*Si |s^ ^es a ^^1 \M^.>;u-i i-rf 1-Sd^ S^fc'^-d O O O O d< d< PH PH PH d, 60 CLAIM OFFICERS BY COMPANIES 6 * 3 P-|. v., ^^ r ^ j SAX - | oo g^S d ^s^i^.o 5^rf./iS4H|8a it^3*2i!s i o '" fl o OS < ; \if JO &B.S r-=i o r 1 -2 r < J?3*23sidfe^il 5 PC i ? c > PC i i o !a* .^ s I > i ! c C > c/ a ^ ,a '5 ? I >g ^ I ,0 t^ tf g o.SC r^ -- 1 OH 53 otf 2^-M & s^- ^* c PH .S tf g C I 6l H ' CO ^^ " ^O I iSc' I 5^ C CJ & . .44 d sails Mill s H tt:fe ufe^^S tH "' fe ^<:2 M& -H ^pLnWPQW V*%^V ^-P'-J > a 3 ^ CT W > r2 WWi/iWCWWWWW * cr rt " ft S aS e3 O CLAIM OFFICERS BY COMPANIES 61 X V I 1 c-i -<- H ^ W X i* ! pf 5 IJS . rS 5^ ^ .^U . .6-S^^ ^^SSW.-&^^o1| g?^ |.^H8,j98 lll|5s^lll .?>:1 59^os2 -h rw dr? 2-^fef 8 W < ^2^ S r 62 CLAIM OFFICERS BY COMPANIES 131 -sl s c c .2 ^311^ 5 5 ! l fli e P1I K ^'! :ll^!Ul^ ^ to 5 Cp ri 3Q ^o3 5? ^3 fc 1 > pSSx CG OT CC lpi3KiK^P^l !llllllll|l||||si C^ C3 Q^ O Q ^c^ c^ .^5 .^ .^ p.J^r^ P^ .C^ .^H r-H ^H ^> u? fe ^1 fc^ III all ri w * ofe'W r?^ a 8 p& 3 S"S -si" CLA/M OFFICERS BY INDIVIDUALS 63 ,j _j |f ^H i^is r ^ arfio ! r^0 ^O 3^^^ ^' ,,. . 64 CLAIM OFFICERS BY INDIVIDUALS .;jl e y:od.fllWrfjSi aiSo^--op^|^| - , t. ^ ^^ A ^ . ^^ M^ r h /-\ -: P &" >," ftCdT3 CD' -=-^eW I bl* -l^lsfllllJ la^I 1 1* 5g g 1 c r -| "1-S.ls.l S Is 8 1 S s 5 is? HO ^^^ B ^^^ 8 W 1 PQPQ s f~i > ^ ft C .-2 ^3S r v in ^^^ 1(S 5 ro r ga r; 6 M il w'-ig PiS S^ 1-S| "=3^ ^H ^ o > 111 g 3-g fe - . O.Z o s 2 . s a 43 fc.*8-e ^ * bC 11 ' I^SlPl x S d o s ?s 0> . c_| "-o w c3 r i H |L- S'i < ~ 6 6 3 jsfrfi rto o" 5 " u S ; O'S^ P-< j- O ~ OT ,5 . R 1 ^ w >l! J l'U ^ c g.2 -<5 c^ -s'Bjp'^fa ^H R/ OJ O) ^ SW-M- rC J2 Ct| . W - O *8 O ^ fH o<34-> r N c? c o Sg^a^=||| . Trn^ . -T'rt aK -Sw ro i^t re Marquette Ry. Co., Detroit izona Eastern R. R. Co., Tuc; ywnwood North & South Ry. Worth & Rio Grande Ry. C< Louis, San Fran.. & Tex. Ry sas Mexican Railway, Laredc ttle Valley Railway Co., Pen1 ssouri, Oklahoma & Gulf Ry. i. Pacific Co,, Pacific System, nois Traction System, Cham insylvania System (Eastern -M MO ^id ^SS- l^^S iil !*J3 |M "S5.2W C S < ^ c- J a cro3 It fc. ^ tn EL, &. fe sin ^3 O O OOOO CLAIM OFFICERS BY INDIVIDUALS 67 o SSe-sr wwww 68 CLAIM OFFICERS BY INDIVIDUALS < 1 I M m .- o g r fc hfj* ti I " * - I I 2 W W in MM CLA/M OFFICERS BY INDIVIDUALS 69 o o ~ id Stt ^.^-S'S^ a^ll3 Sltiafi^^isl i o c3 ' ^) 9 w & 1 I y ^ v-' -*" *ls IS* T: r- fe ^-q .i?t oT^b 8^40 ^-a-g^v - ^lllls^ill^ *S.^o 1 6 M 41 s ? 70 CLAIM OFFICERS BY INDIVIDUALS TJ 08 "I a *"j jijfc] 115.1* Il4s|8 l^^eli^o r |?|f|a^|^3||?^ SM-S .- SO*uJ 8 ft c c .j . g* .fg g-3 1 1 1 ^ 1 5 *S 1 5 i o o l fa ' 1 ( T3 " ^ <-r y C 0) bfl *~* ^ 0.1 t t 1 c t 1 1 < 1 f- bj 5fc | T3 ^< H - o tils i rtJS 0*3 3 UOOO P o w o CLAIM OFFICERS BY INDIVIDUALS 71 > t f-i O o - o o SS 5 X^S 5 O O O P 3 >> ^SSS 72 CLAIM OFFICERS BY INDIVIDUALS g ( S5.-ilfe-S l2iJJfFl llf^ffg rif^jiH >l3ld!ttsl !eM^/ .M^ll'"'**! fL, PH (1, fL, PH (1, PL, PL, fL, pL, PH PL, Oi PH OH fL. PH PL, tf tf CLAIM OFFICERS BY INDIVIDUALS 73 ! X O C3Q T o 3 s >> tf *JS I* 05 O |s? S w -PS'* o3 o f* 1 S ^ggllgv.s* -^ C3 B^OQ fcclS C50.24 J -S^ l = > F C k 3o3cS.2^ c ^Mpq^o202-ioW^mSobj-^^' hM a>cuK ^^ f-i^^^s T^f^QSCogogpcS.. QJ-^H^ sit ^di^i^iM^lpis ^e3S a2 .'S^ : ^c C ^ '|^|.a)^ >>'S 1 1 1 1 1 1 ll Zf 1 i I ! c . L i 5t ) ^ 1 1 rt, j t f ^ < fe >h " ft E- KtnHHQpaQ^i ti = s J .d H H 5" ss C >-a C oj ^5 >> ^ 03 02 02 ^C f* 3^ gj o3 O 0202 ^ ba <1 SO 5 ii -s fa fe^s ^ ^6.' rl 'O o; 3 X 02 O2 M 3 1 < pd d ( A 74 CLA/M OFFICERS BY INDIVIDUALS cj 2 51 ri 5 5 > c ,2 *"* -* >> 4 SIS ~ bfl'"^ IS*** S D p=i k-H 03 W 5 ^ o 'S 5; B'S c w w 1 1 _| T3 > ^s S 5 ^-5rf s ^ So < |=. 2 rf, iffd^igigaw*^"^*!! i^Ii^liifl^teil!^ rffc^WW^Al^flWi ?#t-gC^a^Uy&Hjte^ !li^l!i^a%^:RS-K^^ c3o3.2 O CS^ ,M gQpjg^^C >>^J r^ ^^ g*H_| slg5 Og fi Nr^ W W O2 O2 W 02 O2 CLAIM OFFICERS BY >\75 . g-^gg Ss3 s 43 M es o rj ^J t" 1 n_i HH GJ d 4j.2f is PH - o .3 o P E-i _2 |||la r ^li|p5"*6 r = r |w s ^ :- ;. - ^ ^_"^^'":5'C^ S > > 76 CLAIM OFFICERS BY INDIVIDUALS II m -- 2 waff* M r" -V o J ,U go.Sco>. u !"1K1| . *$ll!lSj 3l^5i|l 3 *r o r o r - 3 5 3 o o S ^>M ' s^'Sas^M^'Vs.-igd j*jA**&A*&*ll$T. & **8**ZM'4f*-* 5b. .. 3*'Ss? .s^l^gllll^ ^ S ^^,3^ ooS 9Sjlw*jSi ^^lS-fi-3 . Rffi > SlHH r?-^ -7s ^^ 1^ 7*C K^ ^"O | i2g|=|MKg-5-3S^5M o.*f P^ u i3 ^-r! ii a, -i -r.^Cts . I H 9 rt 'S'c5 >H^^ *&*** l^li f|||l|||i '-O ^^ ^go i^-9 i^uM*i*ti ji. -^. > * * aToj^XrC^G 'fl MKg O L> o S ill 13. IJ^M . * w wlf c 1 C C OT $ p Copies of this pamphlet, at ten cents each, may be obtained from Railway Accounting Officers Association 1116 Woodward Building Washington, D. C. 420643 UNIVERSITY OF CALIFORNIA LIBRARY