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ACTS SUPPLEMENTARY THERETO.
[ Approved February 4, 1887, and in effect April 5, 1887 (24 Statutes at
Largę, 379; 1 Supp. to Rev. Stat. U. S. 529; amended by act approved
March 2. 1889 (25 Statutes at Large, 855 : 1 Supp. to Rev. Stat. U. S.,
681), and by act approved February 10, 1891 (26 Statutes at Large, 743;
1 Supp. to Rev. Stat. U. S., 891), and by act approved February 8, 1895
(28 Statutes at Large, 643 : 2 Supp. to Rev. Stat. U. S., 369), and by
act approved June 29, 1906 734 Statutes at Large, 584), and by act
approved April 13, 1908.)
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, Sec. 1. (As amended
June 29, 1906, and April 13, 1908.) That the provisions of this Act
shall apply to any corporation or any person or persons engaged in the
transportation of oil or other commodity, except water and except ans por
natural or artificial gas, by means of pipe lines, or partly by pipe lines tation subject to
and partly by railroad, or partly by pipe lines and partly by water,
who shall be considered and held to be common carriers within the mean-
ing and purpose of this Act, and to any common carrier or carriers
engaged in the transportation of passengers or property wholly by rail-
road (or partly by railroad and partly by water when both are used
under a common control, management, or arrangement for a continuous
carriage or shipment), from one State or Territory of the United States,
or the District of Columbia, to any other State or Territory of the
United States, or the District of Columbia, or from one place in a Ter-
ritory to another place in the same Territory, or from any place in the
United States to an adjacent foreign country, or from any place in the
United States through a foreign country to any other place in the
United States, and alzo to the transportation in like manner of property
shipped from any place in the United States to a foreign country and
carried from such place to a port of transshipment, or shipped from a
foreign country to any place in the United States and carried to such
place from a port of entry either in the United States or an adjacent
foreign country: Provided, however, That the provisions of this Act
shall not apply 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
State or Territory as aforesaid.
The term "common carrier" as used in this Act shall include express Express compacompanies and sleeping car companies. The term “ railroad,” as used dies cand a sleeping in this Act, shall include all bridges and ferries used or operated in
car companies . connection with any railroad, and also all the road in use by any corporation operating a railrord, whether owned or operated under a contract, agreement, or lease, and shall also include all switches, spurs, tracks, and terminal facilities of every kind used or necessary in the
transportation transportation of the persons or property designated herein, and also all freight depots, yards, and grounds used or necessary in the transportation or delivery of any of said property; and the term “transportation shall include cars and other vehicles 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; and it shall be the duty of overy carrier subject
Act does not apply to trans
What the terms " railroad "
Charges must be Just and reason able.
to the provisious of this Act to provide and furnish such transportation
upon reasonable request therefor, and to establish through routes and
just and reasonable rates applicable thereto.
All charges made for any service rendered or to be rendered in the
transportation of passengers or property as aforesaid, or in connection
therewith, shall be just and reasonable; and every unjust and unreason.
able charge for such service or any part thereof is prohibited and de-
clared to be unlawful.
prohlb- No common carrier subject to the provisions of this Act shall, after
January first, nineteen hundred and seven, directly or indirectly, issue
or give any interstate free ticket, free pass, or free transportation for Exceptions.
passengers, except to its employees and their families, its officers, agents,
surgeons, physicians, and attorneys at law; 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 eleemosynary 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 and boards of managers of such Homes; to necessary
care takers of live stock, poultry, and fruit; to employees on sleeping
cars, express cars, and to linemen of telegraph and telephone com-
panies; to railway mail service employees, postoffice inspectors, 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,
employees, etc. agents, and employees of common carriers, and their families; nor to
prohibit any common carrier from carrying passengers free with the
object of providing relief in cases of general epidemic, pestilence, or
other calamitous visitation: Provided further, That the term “emFurloughed. pen. ployees” as used in this paragraph shall include furloughed, pensioned, tonada and super and superannuated employees, persons who have become disabled or plorees, etc., in 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; Meaning of term anıl 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 while in the service of any such common carrier. Any
common carrier violating this provision shall be deemed guilty of a
misdemeanor and for each offense, on conviction, shall pay to the Penalty.
United States a penalty of not less than one hundred dollars nor more
than two thousand dollars, and any person, other than the persons ex.
cepted in this provision, who uses any such interstate free ticket, free
pass, or free transportation shall be subject to a like penalty. Juris-
diction of offenses under this provision shall be the same as that pro-
vided for offenses in an Act entitled “An Act to further regulate com-
merce with foreign nations and among the States," approved February
nineteenth, nineteen hundred and three, and any amendment thereof.
From and after May first, nineteen hundred and eight, it shall be
prohibited. unlawful for any railroad company to transport from any State, Ter.
comm o al ritory, or the District of Columbia, to any other State, Territory, or the
ties in which they District of Columbia, or to any foreign country, any article or com-
Timber and prod: modity, other than timber and the manufactured products thereof,
ex. manufactured, mined, or produced by it, or under its authority, or cepted.
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 necessary and intended for its use in the conduct of its business as
a common carrier,
Any common carrier subject to the provisions of this Act, upon
application of any lateral, branch line of railroad, or of any shipper
tendering interstate traffic for transportation, shall construct, maintain,
and operate upon reasonable terms a switch connection with any such
lateral, branch line of railroad, or private side track which may be con-
structed to connect with its railroad, where such connection is reason-
ably practicable and can be put in with safety and will furnish sufficient
business to justify the construction and maintenance of the same; and
shall furnish cars for the movement of such traffic to the best of its
ability without discrimination in favor of or against any such shipper.
If any common carrier shall fail to install and operate any such switch
or connection as aforesaid, on application therefor in writing by any
shipper, such shipper may make complaint to the Commission, as pro-
vided in section thirteen of this Act, and the Commission shall hear and
investigate the same and shall determine as to the safety and practica-
bility thereof and justification and reasonable compensation therefur
and the Commission may make an order, as provided in section fifteen
of this Act, directing the common carrier to comply with the provisions tions may be or-
of this section in accordance with such order, and such order shall be Commission.
enforced as hereinafter provided for the enforcement of all other orders
by the Commission, other than orders for the payment of money.
SEC. 2. That if any common carrier subject to the provisions of
this Act shall, directly or indirectly, by any special rate, rebate, draw-
back, or other device, charge, demand, collect, or receive from any per-
son or persons a greater or less compensation for any service rendered,
or to be rendered, in the transportation of passengers or property, sub-
ject to the provisions of this Act, than it charges, demands, collects, or Injust discrim.
receives from any other person or persons for doing for him or them ation de
a like and contemporaneous service in the transportation of a like kind den.
of traffic under substantially similar circumstances and conditions, such
common carrier shall be deemed guilty of unjust discrimination, which
is hereby prohibited and declared to be unlawful.
Sec. 3. That it shall be unlawful for any common carrier subject to
the provisions of this Act to make or give any undue or unreasonable
preference or advantage to any particular person, company, firm, cor- reasonable prefer-
poration, or locality, or any particular description of traffic, in any
ence or advantage respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. Every common carrier subject to the provisions of this Act shall,
Facilities according to their respective powers, afford all reasonable, proper, and interchange equal facilities for the interchange of traffic between their respective of traffic. lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to lines forbidden. another carrier engaged in like business.
Sec. 4. That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for Long and short a shorter than for a longer distance over the same line, in the same
baul provision. direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier within the terms of this Act to charge and receive as great compensation for a shorter as for a longer distance: Provided, however, That upon application to the Commission appointed under the provisions of this Act,
Commission bas such common carrier may, in special cases, after investigation hy the
authority Commission, be authorized to charge less for longer than for shorter operation distances for the transportation of passengers or property; and the
Discrimi nation be. tween connecting
re. lieve carriers from the