Sec. 1 -between what points Act applies within United States. Act applies to transportation only within United States. -inapplicable to intrastate transportation. Act inapplicable to water trans because rail by water line. - 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 Territory to another place in the same Territory, or from any place in the United States through a foreign country to any other place in the United States, or from or to any place in the United States to or from a foreign country, but only in so far as such transportation takes place within the United States. (2) The provisions of this part shall also apply to such transporation of passengers and property, but only in so far as such transporation takes place within the United States, but shall not apply (a) 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 place in the United States as aforesaid; (c) To the transportation of passengers or property portation merely by a carrier by water where such transportation would charges absorbed not be subject to the provisions of this part 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limits of a port terminal or district. 13 "(c) The transmission of intelligence by wire or wireless; at this point repealed by Communications Act of 1934, June 19, 1934, c. 652, § 602 (b), 48 Stat. 1102. The dash has been retained in the paragraph as stated above, complementary to the dash following par. (1). 4.66 *" or transmission" at this point repealed by Communications Act of 1934, June 19, 1934, sec. 602 (b). "and transmission of intelligence' at this point repealed by Communications Act of 1934, June 19, 1934, sec. 602 (b). "or transmission at this point repealed by Communications Act of 1934, sec. 602 (b). 7 Saving clause as to intrastate commerce under part II (Motor Carrier Act, 1935), sec. 202 (c), post. 8 "To the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;" at this point repealed by Communications Act of 1934, sec. 602 (b). 99 11 66 66 car Sec. 1 term "common "Carrier " 66 means common term "railroad." (3) The term " common carrier as used in this part What included in shall include all pipe-line companies;10 express com- carrier.” panies; sleeping-car companies; and all persons, natural or artificial, engaged in such transportation 11 as aforesaid as common carriers for hire. Wherever the word rier” is used in this part it shall be held to mean com- carrier." mon carrier." The term "railroad as used in this part what included in shall include all bridges, car floats, 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 property. The term trans-What included in portation " as used in this part shall include locomotives, tation." 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, storage, and handling of property transported.12 66 66 term transpor duties; to pro (4)1 13 It shall be the duty of every common carrier sub- Common carrier ject to this part engaged in the transportation of passen- vide and furnish "Common carrier by motor vehicle" and "transportation" defined, as used in part II (Motor Carrier Act, 1935), sec. 203 (a) (14), (19), post. 10 66 telegraph, telephone, and cable companies operating by wire or wireless; at this point repealed by Communications Act of 1934, June 19, 1934, sec. 602 (b). 11 66 or transmission at this point repealed by Communications Act of 1934, June 19, 1934, sec. 602 (b). 13 "The term 'transmission' as used in this chapter 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," repealed by Communications Act of 1934, June 19, 1934, sec. 602 (b). 13 See section 15 (3), (6), post, establishment of through routes, joint classifications, joint rates, fares, etc., and prescription of divisions thereof, by Commission. Rates, fares, and charges of common carriers by motor vehicle, and joint and through rates, etc., with other motor carriers or forms of transport, see sec. 216 (a)-(c), post. transportation. Sec. 1 and just and reasonable rates. Facilities and rules for through routes. gers or property to provide and furnish such transportation upon reasonable request therefor, and to establish Through routes through routes and just and reasonable rates, fares, and charges applicable thereto, and to provide reasonable facilities for operating through routes and to make reasonable rules and regulations with respect to the operation of through routes, and providing for reasonable compensation to those entitled thereto; and in case Divisions to be of joint rates, fares, or charges, to establish just, reasonunduly preferen- able, and equitable divisions thereof as between the carriers subject to this part participating therein which shall not unduly prefer or prejudice any of such participating carriers. reasonable, not tial or prejudi cial. Transportation charges to be just and reasonable. change of serv ices. (5)14 All charges made for any service rendered or to be rendered in the transportation of passengers or property 15 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: 16 And provided further, Contracts for ex- That nothing in this part shall be construed to prevent telephone, telegraph, and cable companies from entering into contracts with common carriers for the exchange of services. Just and reason able classifica for transporta tion required. Just and reason able transportaand practices re tion regulations (6)17 It is hereby made the duty of all common carriers tions of property subject to the provisions of this part to establish, observe, and enforce just and reasonable classifications of property for transportation, with reference to which rates, tariffs, regulations, or practices are or may be made or prescribed, and just and reasonable regulations and practices affecting classifications, rates, or tariffs, the issuance, 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, quired. "Duty of common carriers by motor vehicle as to reasonable fares, charges, etc., sec. 216 (a)-(c), post. 15 66 or in the transmission of intelligence by wire or wireless" at this point repealed by Communications Act of 1934, June 19, 1934, sec. 602 (b). 10" Provided, That messages by wire or wireless subject to the provisions of this Act may be 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: " at this point repealed by Communications Act of 1934, June 19, 1934, sec. 602 (b). 17 Duty of common carriers by motor vehicle as to reasonable regulations, practices, etc., sec. 216 (a)–(c), post. Sec. 1 reasonable, pro free transporta Excepted classes. 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 part 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 part upon just and reasonable terms, and unjust and unevery unjust and unreasonable classification, regulation, hibited. and practice is prohibited and declared to be unlawful. (7)18 No common carrier subject to the provisions of this part shall, after January first, nineteen hundred and seven, directly or indirectly, issue or give any interstate Free passes and free ticket, free pass, or free transportation for passen- tion prohibited. gers, 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 transportations; 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; 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 passes. construed to prohibit the interchange of passes for the officers, agents, and employees of common carriers, and 18 The provisions of this paragraph shall apply to common carriers by motor vehicles subject to part II of this Act (Motor Carrier Act, 1935), sec. 217 (b), post. Reduced rates for members of National Guard organizations permitted, Act of Aug. 29, 1916 [39 Stat. L. 646]; carriage free of agents and officers of Post Office Department, required, Act of July 28, 1916 [39 Stat. L. 419]; of Federal Coordinator of Transportation, assistants, and agents, and to Commission's employees when engaged in his service, permitted, Act of June 16, 1933 [48 Stat. L 216]. Sec. 1 passengers in case of calamity. Exchange of between trans carriers. 35 Stat. L. 60. What term "families "" include. Free carriage of 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: And provided further, That this provision shall not be construed to prohibit the privilege passes or franks of passes or franks, or the exchange thereof with each mission and other other, for the officers, agents, employees, and their families of such telegraph, telephone, and cable lines, and the officers, agents, employees, and their families of other common carriers subject to the provisions of this part: Provided further, That the term "employees" as used in this paragraph shall include furloughed, pensioned, and "employees" 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 interstate free ticket, free pass, or free transportation 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. Penalty. Jurisdiction of offenses hereunder. Commodities clause. (8) From and after May first, nineteen hundred and eight, it shall be unlawful for any railroad company to Transportation transport from any State, Territory, or the District of certain commodi- Columbia, to any other State, Territory, or the District of by railroad of ties prohibited. Exception. 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 |
