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Just and rea
Just and rea
the exchange of services. 2
(6) It is hereby made the duty of all common carriers
subject to the provisions of this Act to establish, observe, sonable classifica and enforce just and reasonable classifications of property tions of rapsopperty for transportation, with reference to which rates, tariffs,
regulations, or practices are or may be made or presonable transpor- scribed, and just and reasonable regulations and practices and practices res affecting classifications, rates, or tariffs, the issuance, quired.
form, and substance of tickets, receipts, and bills of lading, 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, transporting, 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.
(7)? No common carrier subject to the provisions of
this Act shall, after January first, nineteen hundred and Free passes and seven, directly or indirectly, issue or give any interstate tion prohibited. free ticket, free pass, or free transportation for passenExcepted gers, except to its employees and their families, its officers,
agents, surgeons, physicians, and attorneys at law 3; 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 Soldiery' and Sailors' Homes, including those about to enter and
84 Stat. L., 584.
1 Section 2 of the Act of May 27, 1921 (42 Stat. L., 8), 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.
See section 22, post, page 74. . See provision as to members of the National Guard, post, page 82.
those returning home after discharge ?; 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 such persons: Provided, That this provision shall not be Interchange of 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 carrying passengers free with the object of providing passengers in case relief in cases of general epidemic, pestilence, or other of calamity. calamitous visitation: And provided further, That this 36 Stat. L., 539. provision shall not be construed to prohibit the privilege of passes or franks, or the exchange thereof with each Exchange of other, for the officers, agents, employees, and their fam-between trang: ilies of such telegraph, telephone, and cable lines, and the carriers. officers, agents, employees, and their families of other common carriers subject to the provisions of this Act: Provided further, That the term "employees” as used in employees." and this paragraph shall include furloughed, pensioned, and 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 than two thousand dollars, and any person, other than the persons excepted in this provision, who uses any such 34 Stat. L., 584.
passes or franks
35 Stat. L., 60. What terms
1 See provision as to trustees of the Cincinnati Southern Railway, post, page 82.
2 See provision as to agents, etc., of the Post Office Department, post,
Jurisdiction of offenses der.
34 Stat. L., 584.
tain commodities probibited.
Carriers' duty to construct and
interstate free ticket, free pass, or free transportation hereun- shall be subject to a like penalty. Jurisdiction of offenses
under this provision shall be the same as that provided 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
eight, it shall be unlawful for any railroad company to Transportation by railroad of cer transport from any State, Territory, or the District of
Columbia, to any other State, Territory, or the District of 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 Exception. 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.
(9) Any common carrier subject to the provisions of operate switch 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 84 Stat. L., 684. lateral, branch line of railroad, or private side track
which may be constructed to connect with its railroad, where such connection is reasonably 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 con86 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,
as provided in section thirteen of this Act, and the Commay order switch 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
94 Stat. L., 584. Commission
40 Stat. L., 101. What included
Just and reasonable distribu
ply with the provisions of this section in accordance with such order, and such order shall be enforced as hereinafter Enforcement of provided for the enforcement of all other orders by the Commission, other than orders for the payment of money.
(10) The term car service” in this Act shall include 41 Stat. L., 476. the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, and service." 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.
(11) It shall be the duty of every carrier by railroad 41 Stat. L., 476. subject to this Act to furnish safe and adequate car quired car servservice and to establish, observe, and enforce just and ice
and practices. 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.
(12) It shall also be the duty of every carrier. by railroad to make just and reasonable distribution of cars for tion of coal cars
. 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 when the supply of cars available for such service does
Ratings of not equal the requirements of such mines it shall be the mines during car 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 transportation of coal against the mine. Failure or refusal so to do shall be unlawful, and in respect of each car not so counted
Penalty. shall be deemed a separate offense, and the carrier, receiver, or operating trustee so failing or refusing shall forfeit to the United Ştates the sum of $100 for each offense, which may be recovered in a civil action brought by the United States.
(13) The Commission is hereby authorized by general Commission or special orders to require all carriers by railroad sub-ing of car service ject to this Act, or any of them, to file with it from time tions. to time their rules and regulations with respect to car service, and the Commission may, in its discretion, direct
Incorporation that such rules and regulations shall be incorporated in in schedules ; subtheir schedules showing rates, fares, and charges for transportation, and be subject to any or all of the provisions of this Act relating thereto.
may require fil
rules and regulaSee, 1
ject to Act.
Commission may establish
Power of Commission when
(14) The Commission may, after hearing, on a comdules, regulations, plaint or upon its own initiative without complaint,
establish reasonable rules, regulations, and practices
with respect to car service by carriers by railroad subject Compensation to this Act, including the compensation to be paid for and penalties.
the use of any locomotive, car, or other vehicle not owned by the carrier using it, and the penalties or other sanctions for nonobservance of such rules, regulations, or practices.
(15) Whenever the Commission is of opinion that emergency exists. shortage of equipment, congestion of traffic, or other
emergency requiring immediate action exists in any section of the country, the Commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or carriers, and with or without notice,
hearing, or the making or filing of a report, according as ---suspension of the Commission may determine: (a) to suspend the
operation of any or all rules, regulations, or practices
then established with respect to car service for such time -directions as to as may be determined by the Commission; (b) to make tion of compen- such just and reasonable directions with respect to car
service without regard to the ownership as between carriers of locomotives, cars, and other vehicles, during such emergency as in its opinion will best 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 event of their
disagreement, as the Commission may after subsequent Toinequirementen of hearing find to be just and reasonable; (c) to require
such joint or common use of terminals, including mainline track or tracks for a reasonable distance outside of such terminals, as in its opinion will best meet the emergency and serve the public interest, and upon such terms
as between the carriers as they may agree upon, or, in the Power of Com: event of their disagreement, as the Commission may scription of terms. after subsequent hearing find to be just and reasonable; -preference, pri- and (d) to give directions for preference or priority in ority, embargoes,
movement transportation, embargoes, or movement of traffic under under permit.
permits, at such time and for such periods as it may determine, and to modify, change, suspend, or annul them. In time of war or threatened war the President
use of terminals.