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within the switching, drayage, lighterage, or corporate

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(3) The term “common carrier” as used in this part 4 shall include all pipe-line companies; express companies ; 5

sleeping-car companies; forwarding carriers; and all persons, 6 natural or artificial, engaged in such transportation as afore7 said as common carriers for hire. Wherever the word 8 "carrier” is used in this part it shall be held to mean “com9

mon carrier.” The term “railroad” as used in this part shall 10 include all bridges, car floats, lighters, and ferries used by or

operated in connection with any railroad, and also all the 12 road in use by any common carrier operating a railroad, 13 whether owned or operated under a contract, agreement, or 14 lease, and also all switches, spurs, tracks, terminals, and 15 terminal facilities of every kind used or necessary in the 16 transportation of the persons or property designated herein, , 17 including all freight depots, yards, and grounds, used or

necessary in the transportation or delivery of any such 19 property. The term “transportation” as used in this part 20 shall include locomotives, cars, and other vehicles, vessels,


21 and all instrumentalities and facilities of shipment or carriage,

22 irrespective of ownership or of any contract, express or

23 implied, for the use thereof, and all services in connection

24 with the receipt, delivery, elevation, and transfer in transit, 25 ventilation, refrigeration or icing, storage, and handling of 1 property transported. As used in this paragraph the term 2 "forwarding carriermeans any person which, in the per3 formance or discharge of an undertaking to transport prop4 erty in interstate or foreign commerce to which this Act 5 applies, for compensation, utilizes or employs the instru6 mentalities or services of any transportation agency; but 7

no person shall be subject to regulation as a forwarding car8 rier under this part with respect to operations of such person 9 which are otherwise subject to regulation under this Act.



(4) It shall be the duty of every common carrier sub11 ject to this part engaged in the transportation of passengers

Of property to provide and furnish such transportation upon 13 reasonable request therefor, and to establish through routes 14 with other such carriers, and just and reasonable rates, fares,

15 and charges applicable thereto, and thereto; and it shall be

16 the duty of common carriers by railroad subject to this part

to establish through routes with common carriers by water


18 subject to part III, and just and reasonable rates, fares, and

19 charges applicable thereto. It shall be the duty of every 20 such common carrier establishing through routes to provide 21 reasonable facilities for operating through such routes and to 22 make reasonable rules and regulations with respect to the 23 operation of through routes, their operation, and providing

24 for reasonable compensation to those entitled thereto; and

25 in case of joint rates, fares, or charges, to establish just, 1 reasonable, and equitable divisions thereof as between the 2 carriers subject to this part participating therein thereof, 3 which shall not unduly prefer or prejudice any of such par4 ticipating carriers.


(5) All charges made for any service rendered or to

6 be rendered in the transportation of passengers or prop


erty as aforesaid, or in connection therewith, shall be just



and reasonable, and every unjust and unreasonable charge 9 for such service or any part thereof is prohibited and declared to be unlawful: And provided further, That nothing in this

shall be construed to prevent telephone, telegraph, and 12 cable companies from entering into contracts with common 13 carriers for the exchange of services.




(6) It is hereby made the duty of all common carriers 15 subject to the provisions of this part to establish, observe,

16 and enforce just and reasonable classifications of property 17 for transportation, with reference to which rates, tariffs,

regulations, or practices are or may be made or prescribed, 19 and just and reasonable regulations and practices affecting



classifications, rates, or tariffs, the issuance, form, and sub


stance of tickets, receipts, and bills of lading, the manner 22 and method of presenting, marking, packing, and deliver23 ing property for transportation, the facilities for transporta24 tion, the carrying of personal, sample, and excess baggage, 25 and all other matters relating to or connected with the


1 receiving, handling, transporting, storing, and delivery of 2 property subject to the provisions of this part which may be 3 necessary or proper to secure the safe and prompt receipt, 4 handling, transportation, and delivery of property subject 5 to the provisions of this part upon just and reasonable terms, 6 and every unjust and unreasonable classification, regula7 tion, and practice is prohibited and declared to be unlawful.

(7) No common carrier subject to the provisions of 9 this part shall, after January 1, 1907, directly or indirectly, 10 issue or give any interstate free ticket, free pass, or free 11 transportation for passengers, except to its employees and 12 their families, its officers, agents, surgeons, physicians, and 13 attorneys at law; to the executive officers, general chairmen, 14

and counsel of employees' organizations when such organi15 zations are authorized and designated to represent employees 16 in accordance with the provisions of the Railway Labor Act; 17

to ministers of religion, traveling secretaries of railroad

18 Young Men's Christian Associations, inmates of hospitals 19 and charitable and eleemosynary institutions, and persons 20 exclusively engaged in charitable and eleemosynary work; 21 to indigent, destitute, and homeless persons, and to such

22 persons when transported by charitable societies or hos

23 pitals, and the necessary agents employed in such trans

24 portations; to inmates of the National Homes or State

25 Homes for Disabled Volunteer Soldiers, and of Soldiers' 1 and Sailors' Homes, including those about to enter and




2 those returning home after discharge; to necessary care3 takers of livestock, poultry, milk, and fruit; to employees 4

on sleeping cars, express cars, and to linemen of telegraph 5 and telephone companies; to Railway Mail Service em

ployees, post-office inspectors, customs inspectors, and immi7

gration inspectors; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the com

mon carrier is interested, persons injured in wrecks and 10

physicians and nurses attending such persons: Provided, 11

That this provision shall not be construed to prohibit the 12 interchange of passes for the officers, agents, and employees 13 of common carriers, and their families; nor to prohibit any 14

common carrier from carrying passengers free with the object 15 of providing relief in cases of general epidemic, pestilence, 16 or other calamitous visitation: And provided further, That 17 this provision shall not be construed to prohibit the privilege 18

of passes or franks, or the exchange thereof with each other, 19 for the officers, agents, employees, and their families of such

telegraph, telephone, and cable lines, and the officers, agents, 21

employees, and their families of other common carriers sub22

ject to the provisions of this part: Provided further, That 23 the term "employees” as used in this paragraph shall in


24 clude furloughed, pensioned, and superannuated employees,


persons who have become disabled or infirm in the service

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