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to walor trans
sorbed by water lino.
in term “com- : mon carrier."
in term road."
Sec. 1 Act inapplicable (c) To the transportation of passengers or property by portation meron a carrier by water where such transportation would not charges a b: be subject to the provisions of this Act 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. What included. (3) The term “common carrier” as used in this Act
shall include all pipe-line companies; telegraph, telephone, and cable companies operating by wire or wireless; express companies; sleeping-car companies; and all persons, natural or artificial, engaged in such transportation or
transmission as aforesaid as common carriers for hire. "Carrier" Wherever the word “carrier" is used in this Act it shall be
held to mean "common carrier.” The term "railroad” 1 as
used in this Act shall include all bridges, car floats, What included lighters, and ferries 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 What included property. The term “transportation" as used in this Act
shall include locomotives, 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, What included storage, and handling of property transported. The term
“transmission” as used in this Act shall include the transmission of intelligence through the application of electrical energy or other use of electricity, whether by means of wire, cable, radio apparatus, or other wire or wireless conductors or appliances, and all instrumentalities and facilities for and services in connection with the receipt,
forwarding, and delivery of messages, communications, Messages” de- or other intelligence so transmitted, hereinafter also fined.
collectively called messages.
1 See Safety Appliance Acts, post, pages 182 et seq.
tial or prejudicial.
Sec. 1 (4)' It shall be the duty of every common carrier sub- riconduties: cato ject to this Act engaged in the transportation of passen-provide and furgers or property to provide and furnish such transporta- tion. tion upon reasonable request therefor, and to establish through routes and just and reasonable rates, fares, and Through routes
1 and just and reacharges applicable thereto, and to provide reasonable sonable rates. facilities for operating through routes and to make reasonable rules and regulations with respect to the Facilities and
rules for through operation of through routes, and providing for reasonable routes. compensation to those entitled thereto; and in case of Divisions to be joint rates, fares, or charges, to establish just, reason- unduly preferenable, and equitable divisions thereof as between the carriers subject to this Act participating therein which shall not unduly prefer or prejudice any of such participating carriers.
(5) All charges made for any service rendered or to be rendered in the transportation of passengers or property Transportation or in the transmission of intelligence by wire or wireless charges to be just as aforesaid, 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: Provided, That messages by wire Classification of
messages, differor wireless subject to the provisions of this Act may be ent rates! classified into day, night, repeated, unrepeated, letter, commercial, press, Government, and such other classes as are just and reasonable, and different rates may be charged for the different classes of messages: And provided further, That nothing in this Act shall be construed to prevent telephone, telegraph, and cable companies from entering into contracts with common carriers for the ex-ex
he ex-exchange of seront change of services.
(6) It is hereby made the duty of all common carriers subject to the provisions of this Act to establish, observe, and enforce just and reasonable classifications of property Just and reafor transportation, with reference to which rates, tariffs, tion of property regulations, or practices are or may be made or pre-required." scribed, and just and reasonable regulations and practices Just and reaaffecting classifications, rates, or tariffs, the issuance tation regulations form, and substance of tickets, receipts, and bills of lad- quired. ing, 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, trans
Contracts for exchange of services.
sonable classification of property
See section 15 (3) (6), post, pages 41 and 42. 2 Section 2 of the Act of May 27, 1921, relating to the landing and operation of submarine cables in the United States provides that such Act does not affect the jurisdiction of the Commission with respect to the transmission of messages.
porting, storing, and delivery of property subject to the provisions of this Act 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 Act upon just and reasonable terms, and every unjust and unreasonable classification, regulation,
and practice is prohibited and declared to be unlawful. 34 Stat. L., 584. (7)1 No common carrier subject to the provisions of this
Act shall, after January first, nineteen hundred and seven, Free passes and directly or indirectly, issue or give any interstate free free transportation prohibited. ticket, free pass, or free transportation for passengers, cepted except to its employees and their families, its officers,
agents, surgeons, physicians, and attorneys at law 2; 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 3; 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, post-office 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 Interchange of 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 Free carriage of carrying passengers free with the object of providing piesain mers.n case relief in cases of general epidemic, pestilence, or other 36 Stat. L., 539. calamitous visitation: And provided further, That this
provision shall not be construed to prohibit the privilege Exchange of of passes or franks, or the exchange thereof with each between trans- other, for the officers, agents, employees, and their fam
ilies of such telegraph, telephone, and cable lines, and the officers, agents, employees and their families of other com
passengers in case
us visita general epich the objecon carri
passes or franks
mission and other carriers.
1 See section 22, post, page 74. * See provision as to members of the National Guard, post, page 81. See provision as to trustees of the Cincinnati Southern Railway, post, page 81. See provision as to agents, etc., of the Post Office Department, post page 81.
mon carriers subject to the provisions of this Act: Pro- 35 Stat. .., 60. vided further, That the term "employees” as used in employees” and this paragraph shall include furloughed, pensioned, and clude. 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 widowhood and minor children during minority of persons who died, 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 United States a penalty of not less than one hundred dollars nor more Penalty. than two thousand dollars, and any person, other than the persons excepted in this provision, who uses any such 34 Stat. L., 584. interstate free ticket, free pass, or free transportation shall be subject to a like penalty. Jurisdiction of offenses Jurisdiction of under this provision shall be the same as that provided der. for offenses in an Act entitled “An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, and any amendment thereof.
(8) From and after May first, nineteen hundred and 34. Stat. L.: 584. eight, it shall be unlawful for any railroad company to clausens transport from any State, Territory, or the District of by railroad of cerColumbia, to any other State, Territory, or the District of prohibited. Columbia, or to any foreign country, any article or commodity, other than timber and the manufactured products thereof, manufactured, mined, or produced 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 Exception. necessary and intended for its use in the conduct of its business as a common carrier.
(9) Any common carrier subject to the provisions of to construct and 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 34 Stat. L., 584. which may be constructed to connect with its railroad, where such connection is reasonably practicable and can
operate switch connections.
may order switch connections.
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 con36 Stat. L., 539. nection as aforesaid, on application therefor in writing
by any shipper or owner of such lateral, branch line of railroad, such shipper or owner of such lateral, branch
line of railroad may make complaint to the Commission, 34 Stat. L., 584. as provided in section thirteen of this Act, and the Comswitch mission shall hear and investigate the same and shall de
termine as to the safety and practicability thereof and justification and reasonable compensation therefor, and the Commission may make an order, as provided in section fifteen of this Act, directing the common carrier to com
ply with the provisions of this section in accordance with Enforcement of such order, and such order shall be enforced as hereinafter
provided for the enforcement of all other orders by the
Commission, other than orders for the payment of money. 41 Stat. I., 476. (10) The term “car service” in this Act shall include
; the use, control, supply, movement, distribution, exin term “car serv- change, interchange, and return of locomotives, cars, and
other vehicles used in the transportation of property, including special types of equipment, and the supply of
trains, by any carrier by railroad subject to this Act. 41 Stat. L., 476. (11) It shall be the duty of every carrier by railroad quired car serv-subject to this Act to furnish safe and adequate car
service and to establish, observe, and enforce just and reasonable rules, regulations, and practices with respect to car service; and every unjust and unreasonable rule, regulation, and practice with respect to car service is
prohibited and declared to be unlawful. Just and rea- (12) It shall also be the duty of every carrier by railtion of coal cars road to make just and reasonable distribution of cars for
transportation of coal among the coal mines served by it, whether located upon its line or lines or customarily
dependent upon it for car supply. During any period Ratings of when the supply of cars available for such service does
car not equal the requirements of such mines it shall be the
duty of the carrier to maintain and apply just and reasonable ratings of such mines and to count each and every car furnished to or used by any such mine for transporta
tion of coal against the mine. Failure or refusal so to do Penalty. shall be unlawful, and in respect of each car not so counted
shall be deemed a separate 'offense, and the carrier, receiver, or operating trustee so failing or refusing shall for
ice, and rules and practices.
Just and reasonable distribu
mines during car shortage.