Sec. 1 Act applies to transportation only within United States. 48 Stat. L. 1102. -inapplicable to intrastate transportation. 48 Stat. L. 1102. Act inapplicable to water transportation merely because rail charges absorbed by water line. Federal Trade Commission Act, approved September 26, 1914, sec. 11, 38 Stat. L. 724 [U. S. Code, title 15, sec. 51]; Packers and Stockyards Act, 1921, approved August 15, 1921, secs. 405-6, 42 Stat. L. 168-9 [U. S. Code, title 7, secs. 225–6]; Communications Act of 1934, approved June 19, 1934, sec. 601 (a), 48 Stat. L. 1101 [U. S. Code, title 47, sec. 601 (a)]; Securities Act, 1933, as amended in sec. 214 of part II, infra [U. S. Code, Sup. V, title 15, sec. 77c (6), and title 49, sec. 314], as to "any security issued by a common or contract carrier, the issuance of which is subject to the provisions of section 20a of the Interstate Commerce Act, as amended"; and [U. S. Code, title 15, sec. 77y] as to the submission of information, reports, or other documents now or hereafter required by any provision of law; Fair Labor Standards Act of 1938, approved June 25, 1938, 52 Stat. L. 1067, as amended August 9, 1939, 53 Stat. L. 1266, the provisions of which as to maximum hours of service are by sec. 13 (b) [U. S. Code, Sup. V, title 29, sec. 213] made inapplicable to employees with respect to which the Interstate Commerce Commission has power to establish qualifications and maximum hours of service under sec. 204, infra, or an employee of an employer subject to part I of the Interstate Commerce Act. Comparable general provision as to applicability, part II, sec. 202 (a), infra. Applicability of provisions of part I, II, and III to transportation subject to more than one part, see secs. 202 (c) and 303 (a), (f); and (as to motor and water transportation by an express company, respectively) secs. 203 (a) (14) and 302 (d), infra. (2) The provisions of this part shall also apply to such transportation of passengers and property, but only in so far as such transportation takes place within the United States, but shall not apply (a) To the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State and not shipped to or from a foreign country from or to any place in the United States as aforesaid; (b) [repealed, Communications Act, 1934, sec. 602 (b)] or (c) To the transportation of passengers or property by a carrier by water where such transportation would not be subject to the provisions of this part except for the fact that such carrier absorbs, out of its port-to-port water rates or out of its proportional through rates, any switching, terminal, lighterage, car rental, trackage, handling, or other charges by a rail carrier for services. within the switching, drayage, lighterage, or corporate limits of a port terminal or district. NOTE. Comparable applicability provisions, part II, sec. 202 (a); part III, sec. 302 (i), infra; nonapplicability to intrastate commerce, part II, sec. 202 (b); part III, secs. 302 (i), 303 (j), (k), infra. Sec. 1 54 Stat. L. 899. What included in carrier." term "common 48 Stat. L. 1102. "Carrier" carrier." term "railroad." (3) (a) The term "common carrier" as used in this part shall include all pipe-line companies; express companies; sleeping-car companies; and all persons, natural or artificial, engaged in such transportation as aforesaid as common carriers for hire. Wherever the word "carrier" is used in this part it shall be held to mean "com- means "common mon carrier." The term "railroad" as used in this part shall include all bridges, car floats, lighters, and ferries What included in used by or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract, agreement, or lease, and also all switches, spurs, tracks, terminals, and terminal facilities of every kind used or necessary in the transportation of the persons or property designated herein, including all freight depots, yards, and grounds, used or necessary in the transportation or delivery of any such property. The term "transportation" as used in this part shall include term "transporlocomotives, cars, and other vehicles, vessels, and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof, and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported. The term "person" "Person" as used in this part includes an individual, firm, copartnership, corporation, company, association, or joint-stock association; and includes a trustee, receiver, assignee, or personal representative thereof. NOTE. Comparable provisions, as to "transportation" under part II, sec. 203 (a) (19); under part III, sec. 302 (h), infra; as to "transportation facility" under part III, sec. 302 (g), infra: limitation of act as to transportation intraharbor or by small watercraft, sec. 303 (g), infra. (b) For the purposes of sections 5, 12 (1), 20, 204 (a) (7), 210, 220, 304 (b), 310, and 313 of this Act, where reference is made to control (in referring to a relationship between any person or persons and another person or persons), such reference shall be construed to include actual as well as legal control, whether maintained or What included in tation.' defined. 54 Stat. L. 899. 54 Stat. L. 899. "Control" con strued. Sec. 1 54 Stat. L. 900. Common-carrier duties; to provide and furnish transportation. Through routes and just and reasonable rates. Facilities and rules for through routes. Divisions reasonable, not unduly preferential or prejudicial. 54 Stat. L. 900. Transportation exercised through or by reason of the method of or circumstances surrounding organization or operation, through or by common directors, officers, or stockholders, a voting trust or trusts, a holding or investment company or companies, or through or by any other direct or indirect means; and to include the power to exercise control. (4) It shall be the duty of every common carrier subject to this part to provide and furnish transportation upon reasonable request therefor, and to establish reasonable through routes with other such carriers, and just and reasonable rates, fares, charges, and classifications applicable thereto; and it shall be the duty of common carriers by railroad subject to this part to establish reasonable through routes with common carriers by water subject to part III, and just and reasonable rates, fares, charges, and classifications applicable thereto. It shall be the duty of every such common carrier establishing through routes to provide reasonable facilities for operating such routes and to make reasonable rules and regulations with respect to their operation, and providing for reasonable compensation to those entitled thereto; and in case of joint rates, fares, or charges, to establish just, reasonable, and equitable divisions thereof, which shall not unduly prefer or prejudice any of such participating carriers. NOTE. Compare (as to through routes and joint rates) under part II, sec. 216 (a), common carriers of passengers by motor vehicle; sec. 216 (c), common carriers of property by motor vehicle; under part III, sec. 305 (b), infra. Duty to furnish transportation upon reasonable request, under part III, sec. 305 (a), infra. (5) (a) All charges made for any service rendered or to be rendered in the transportation of passengers or charges to be just property, or in connection therewith, shall be just and reasonable, and every unjust and unreasonable charge for such service or any part thereof is prohibited and declared to be unlawful. and reasonable. 48 Stat. L. 1102. NOTE. Comparable provisions, under part II, sec. 216 (a)–(d); under part III, sec. 305 (a), (b), infra. Words "or in the transmission of intelligence by wire or wireless as aforesaid" following "property" omitted, as repealed, Communications Act, 1934, sec. 602 (b). Sec. 1 services with (b) Nothing in this Act shall be construed to prevent 54 Stat. L. 900. any common carrier subject to this Act from entering Exchange of into or operating under any contract with any telephone, transmission telegraph, or cable company, for the exchange of their services. companies. Just and reason able classifica tions of property for transporta tion required. Just and reason able transporta tion regulations and practices re quired. (6) It is hereby made the duty of all common carriers subject to the provisions of this part to establish, observe, and enforce just and reasonable classifications of property for transportation, with reference to which rates, tariffs, regulations, or practices are or may be made or prescribed, and just and reasonable regulations and practices affecting classifications, rates, or tariffs, the issuance, form, and substance of tickets, receipts, and bills of lading, the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, the carrying of personal, sample, and excess baggage, and all other matters relating to or connected with the receiving, handling, transporting, storing, and delivery of property subject to the provisions of this part which may be necessary or proper to secure the safe and prompt receipt, handling, transportation, and delivery of property subject to the provisions of this part upon just and reasonable terms, and every unjust and unreason- unjust and unable classification, regulation, and practice is prohibited and declared to be unlawful. NOTE.-Comparable provision under part II, sec. 216 (a), (b); under part III, sec. 305 (a), infra. (7) No common carrier subject to the provisions of this part shall, after January first, nineteen hundred and seven, directly or indirectly, issue or give any interstate free ticket, free pass, or free transportation for passengers, except to its employees, its officers, surgeons, physicians, and attorneys at law, and the families of any of the foregoing; to the executive officers, general chairmen, and counsel of employees' organizations when such organizations are authorized and designated to represent employ hibited. reasonable, pro 34 Stat. L. 584. 36 Stat. L. 544. 35 Stat. L. 60. 41 Stat. L. 475. Free passes and free transporta tion prohibited. 54 Stat. L. 900. ees in accordance with the provisions of the Railway Excepted classes. Labor Act; to ministers of religion, traveling secretaries of railroad Young Men's Christian Associations, inmates of hospitals and charitable and eleemosynary institutions, and persons exclusively engaged in charitable and elee Sec. 1 54 Stat. L. 900. mosynary work; to indigent, destitute, and homeless persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors' Homes, including those about to enter and those returning home after discharge; to necessary caretakers of live stock, poultry, milk, and fruit; to employees on sleeping cars, express cars, and to linemen of telegraph and telephone companies; to railway mail-service employees and persons in charge of the mails when on duty and traveling to and from duty, and all duly accredited agents and officers of the Post Office Department and the Railway Mail Service and post-office inspectors while traveling on official business, upon the exhibition of their credentials; to customs inspectors, and immigration inspectors; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the common carrier is interested, persons injured in wrecks and physicians and nurses attending such persons: Provided, That this provision shall not be construed to prohibit the interchange of passes for the officers, agents, and employees of common carriers, and their families; nor to prohibit any common carrier from carrying passengers free with the object of providing passengers in case relief in cases of general epidemic, pestilence, or other Interchange of passes. Free carriage of of calamity. Exchange of passes or franks between trans mission and other carriers. 35 Stat. L. 60. What terms calamitous visitation: And provided further, That this provision shall not be construed to prohibit the privilege of passes or franks, or the exchange thereof with each other, for the officers, agents, employees, and their families of such telegraph, telephone and cable lines, and the officers, agents, employees and their families of other common carriers subject to the provisions of this part: Provided further, That the term "employees" as used in this paragraph shall include furloughed, pensioned, and superannuated employees, persons who have become disabled or infirm in the service of any such common carrier, and the remains of a person killed in the employment of a carrier and ex-employees traveling for the purpose of entering the service of any such common carrier; and the term "families" as used in this paragraph shall include the families of those persons named in this proviso, also the families of persons killed, and the widows during : |