1 of any such common carrier, and the remains of a person. 2 killed in the employment of a carrier, and ex-employees 3 traveling for the purpose of entering the service of any such 4 common carrier; and the term "families" as used in this 5 paragraph shall include the families of those persons named 6 in this proviso, also the families of persons killed, and the 7 widows during widowhood and minor children during mi

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nority of persons who died, while in the service of any such 9 common carrier. Any common carrier violating this pro10 vision shall be deemed guilty of a misdemeanor, and for 11 each offense, on conviction, shall pay to the United States a

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penalty of not less than $100 nor more than $2,000, and

any person, other than the persons excepted in this provision, 14 who uses any such interstate free ticket, free pass, or free 15 transportation shall be subject to a like penalty. Jurisdic16 tion of offenses under this provision shall be the same as that 17 provided for offenses in an Act entitled "An Act to further 18 regulate commerce with foreign nations and among the 19 States", approved February nineteenth, nineteen hundred 20 and three, and any amendment thereof.

21 (8) From and after May 1, 1908, it shall be unlawful 22 for any railroad company to transport from any State, Terri23 tory, or the District of Columbia, to any other State, Ter24 ritory, or the District of Columbia, or to any foreign country, 25 any article or commodity, other than timber and the manu

1 factured products thereof, manufactured, mined, or produced

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by it, or under its authority, or which it may own in whole

or in part, or in which it may have any interest, direct or

indirect, except such articles or commodities as may be 5 necessary and intended for its use in the conduct of its 6 business as a common carrier.

7 (9) Any common carrier subject to the provisions of 8 this part, upon application of any lateral, branch line of 9 railroad, or of any shipper tendering interstate traffic for 10 transportation, shall construct, maintain, and operate upon 11 reasonable terms a switch connection with any such lateral, 12 branch line of railroad, or private side track which may be 13 constructed to connect with its railroad, where such con14 nection is reasonably practicable and can be put in with

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safety and will furnish sufficient business to justify the con16 struction and maintenance of the same; and shall furnish 17 cars for the movement of such traffic to the best of its ability 18 without discrimination in favor of or against any such ship19 per. If any common carrier shall fail to install and operate 20 any such switch or connection as aforesaid, on application 21 therefor in writing by any shipper or owner of such lateral, 22 branch lines of railroad, such shipper or owner of such lateral, 23 branch line of railroad may make complaint to the Com24 mission, as provided in section 13 of this part, and the 25 Commission shall hear and investigate the same and shall

1 determine as to the safety and practicability thereof and 2 justification and reasonable compensation therefor, and the 3 Commission may make an order, as provided in section 15 4 of this part, directing the common carrier to comply with 5 the provisions of this section in accordance with such order, 6 and such order shall be enforced as hereinafter provided 7 for the enforcement of all other orders by the Commission 8 other than orders for the payment of money.

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(10) The term "car service" in this part shall include 10 the use, control, supply, movement, distribution, exchange, 11 interchange, and return of locomotives, cars, and other 12 vehicles used in the transportation of property, including 13 special types of equipment, and the supply of trains, by any 14 carrier by railroad subject to this part.

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(11) It shall be the duty of every carrier by railroad subject to this part to furnish safe and adequate car service 17 and to establish, observe, and enforce just and reasonable 18 rules, regulations, and practices with respect to car service; 19 and every unjust and unreasonable rule, regulation, and 20 practice with respect to car service is prohibited and de21 clared to be unlawful.

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(12) It shall also be the duty of every carrier by 23 railroad to make just and reasonable distribution of cars 24 for transportation of coal among the coal mines served by it, 25 whether located upon its line or lines or customarily depend

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ent upon it for car supply. During any period when the 2 supply of cars available for such service does not equal 3 the requirements of such mines it shall be the duty of the 4 carrier to maintain and apply just and reasonable ratings 5 of such mines and to count each and every car furnished 6 to or used by any such mine for transportation of coal 7 against the mine. Failure or refusal so to do shall be un8 lawful, and in respect of each car not so counted shall be 9 deemed a separate offense, and the carrier, receiver, or 10 operating trustee so failing or refusing shall forfeit to the 11 United States the sum of $100 for each offense, which 12 may be recovered in a civil action brought by the United 13 States.

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(13) The Commission is hereby authorized by general or special orders to require all carriers by railroad subject 16 to this part, or any of them, to file with it from time to 17 time their rules and regulations with respect to car service, 18 and the Commission may, in its discretion, direct that such 19 rules and regulations shall be incorporated in their schedules 20 showing rates, fares, and charges for transportation, and 21 be subject to any or all of the provisions of this part relating 22 thereto.

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(14) The Commission may, after hearing, on a com

24 plaint or upon its own initiative without complaint, estab25 lish reasonable rules, regulations, and practices with respect

1 to car service by carriers by railroad subject to this part, 2 including the compensation to be paid for the use of any 3 locomotive, car, or other vehicle not owned by the carrier 4 using it (and whether or not owned by another carrier), 5 and the penalties or other sanctions for nonobservance of 6 such rules, regulations, or practices.

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(15) Whenever the Commission is of opinion that 8 shortage of equipment, congestion of traffic, or other emer

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gency requiring immediate action exists in any section of 10 the country, the Commission shall have, and it is hereby 11 given, authority, either upon complaint or upon its own 12 initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier

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or carriers, and with or without notice, hearing, or the 15 making or filing of a report, according as the Commission 16 may determine: (a) to suspend the operation of any or 17 all rules, regulations, or practices then established with 18 respect to car service for such time as may be determined 19 by the Commission; (b) to make such just and reasonable 20 directions with respect to car service without regard to the 21 ownership as between carriers of locomotives, cars, and other 22 vehicles, during such emergency as in its opinion will best 23 promote the service in the interest of the public and the commerce of the people, upon such terms of compensation as between the carriers as they may agree upon, or, in the

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