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An act to promote the safety of employees and travelers upon railroads

by compelling common carriers engaged in interstate commerce to

equip their cars with automatic couplers and continuous brakes, and

their locomotives with driving-wheel brakes, and for other purposes,

approved March 2, 1893 (27 Statutes at Large, 531), as amended by

an act approved April 1, 1896 (29 Statutes at Large, 85)--

An act to amend an act entitled "An act to promote the safety of em-

ployees and travelers, and so forth," approved March 2, 1893, and

amended April 1, 1896; approved March 2, 1903 (32 Statutes at

Large, 943)--

An act to supplement an act to promote the safety of employees and

travelers upon railroads by compelling common carriers engaged in

interstate commerce to equip their cars with automatic couplers and

continuous brakes, and their locomotives with driving-wheel brakes,

and for other purposes, and other safety-appliance acts, and for other

purposes, approved April 14, 1910 (36 Statutes at Large, 298); also

amendment of March 4, 1911 (36 Statutes at Large, 1397).

An act requiring common carriers engaged in interstate and foreign

commerce to make full reports of all accidents to the Interstate Com-

merce Commission and authorizing investigations thereof by said Com-

mission, approved May 6, 1910 (36 Statutes at Large, 350)---

An act to promote the security of travel upon railroads engaged in

interstate commerce, and to encourage the saving of life, approved

February 23, 1905 (33 Statutes at Large, 743), and regulations pre-

scribed thereunder

An act to promote the safety of employees and travelers upon railroads

by limiting the hours of service of employees thereon, approved March

4, 1907 (34 Statutes at Large, 1415), as amended by an act approved

May 4, 1916 (39 Statutes at Large, 61)_.

THE INTERSTATE COMMERCE ACT,

Being the Act to Regulate Commerce as Amended

Sec. 1

Be it enacted by the Senate and House of Representa- [Feb 4, 1887.] tives of the United States of America in Congress assembled,

41 Stat. L., 474.

SEC. 1. [As amended June 29, 1906, April 13, 1908, June 18, 1910, February 17, 1917, March 2, 1917, May 29, 1917, August 10, 1917, and February 28, 1920.] (1) That the provisions of this Act shall apply to common carriers common carriers engaged in

Act applies to

engaged in

by railroad, or

and water.

(a) The transportation of passengers or property-transportation wholly by railroad, or partly by railroad and partly by by railroad water when both are used under a common control, management, or arrangement for a continuous carriage or shipment; or

-transportation

(b) The transportation of oil or other commodity, by pipe line. except water and except natural or artificial gas, by pipe line, or partly by pipe line and partly by railroad or by

water; or

intelligence.

(c) The transmission of intelligence by wire or wire-transmission of less;

United

from one State or Territory of the United States, or the-between what points Act apDistrict of Columbia, to any other State or Territory of plies within the United States, or the District of Columbia, or from one place in a Territory to another place in the same Territory, or from any place in the United States-transportation through a foreign country to any other place in the United States, or from or to any place in the United eign country. States to or from a foreign country, but only in so far as such transportation or transmission takes place within the United States.

or transmission to, from or through for

transportation or transmission only within United States.

(2) The provisions of this Act shall also apply to Act applies to such transportation of passengers and property and transmission of intelligence, but only in so far as such transportation or transmission takes place within the United States, but shall not apply

1 Do not apply to Porto Rico, Act of March 2, 1917, post, page 83.

1

Sec. 1

intrastate

-inapplicable to (a) To the transportation of passengers or property, transportation. or to the receiving, delivering, storage, or handling of property, wholly within one State and not shipped to

-inapplicable to

transmission.

or from a foreign country from or to any place in the United States as aforesaid:

intrastate (b) To the transmission of intelligence by wire or wireless wholly within one State and not transmitted to or from a foreign country from or to any place in the United States, as aforesaid; or

to water trans

ly because rail

sorbed

water line.

by

Act inapplicable (c) To the transportation of passengers or property portation mere- by a carrier by water where such transportation would ab- not 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

in term "com

"

means common carrier."

What included

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66

(3) The term common carrier as used in this Act mon carrier." 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 car"Carrier" riers for hire. Wherever the word "carrier " is used in 66 this Act it shall be held to mean common carrier." The term railroad 99 1 as used in this Act shall include all bridges, car floats, lighters, and ferries used by or "rail- 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 What included" transportation" as used in this Act shall include locoportation." motives, cars, and other vehicles, vessels, and all instru

in

term road."

in term "trans

mentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof, and all services in connec

1 See Safety Appliance Acts, post, pages 198 et seq.

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Sec. 1

in term "transmission."

tion with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported. The term What included 99 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, or other intelligence so transmitted, hereinafter also collectively called messages.

"Messages

defined.

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Common carrier duties; to

nish transporta

Through routes

(4)1 It shall be the duty of every common carrier subject 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 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 operation of through routes, and providing for reasonable routes. compensation to those entitled thereto; and in case of Divisions to be reasonable, not joint rates, fares, or charges, to establish just, reason- unduly preferential or prejudiable, and equitable divisions thereof as between the car- cial. riers subject to this Act participating therein which shall not unduly prefer or prejudice any of such participating carriers.

rules for through

or transmission

and reasonable.

(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 or 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

See section 15 (8) (6), post, pages 38 and 40.

messages, differ

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