crimination SEC. 2. That if any common car-Unjust disrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind 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. 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 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 Furnish cars. for the movement of such traffic to the best of its ability without discrimination in favor of or connections. against any such shipper. If any Commission common carrier shall fail to install may order switch 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 provided in section thirteen of this Act, and the Commission shall hear and investigate the same and shall determine 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 comply with the provisions of this section in accordance with 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. [Unchanged except as per note below.] [Only one shipment at less than published rate necessary to violate Elkins Act. See p. 45.] [Unchanged.] SEC. 3. That it shall be unlaw- Unreasonable preference. ful 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, corporation, or locality, or any particular description of traffic, in any 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. lines not to dis Every common carrier subject, Connecting to the provisions of this act shall, criminate. according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective 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 another carrier engaged in like business. SEC. 4. That it shall be unlaw- Long and short ful for any common carrier sub- haul. ject 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 a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier with n 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, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time [Unchanged.] prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act. SEC. 5. That it shall be unlaw- Antipooling. ful for any common carrier subject to the provisions of this act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense. SEC. 6 [as amended March 2, 1889, (25 Stat., 855)]. lished. That every common carrier sub-, Tariffs pubject to the provisions of this Act shall print and keep open to public inspection schedules showing the rates and fares and charges for the transportation [Unchanged.] SEC. 6. That every common carrier subject to the provisions of this Act shall file with the Commission created Tariffs filed. by this Act and print and keep open to public inspection schedules showing all the rates, fares, and charges for transportation between different points on its own. File in lieu of route and between points on its File joint tariff. own route and points on the route of any other carrier by railroad, by pipe line, or by water when a through route and joint rate have been established. If no joint rate over the through route has been joint tariff. established, the several carriers in such through route shall file, print and keep open to public inspection as aforesaid, the separately established rates, fares and charges applied to the through transpor tation. of passengers and property which any such common carrier has established and which are in force at the time upon its route. The schedules printed as aforesaid Schedule by any such common carrier shall state. plainly state the places upon its railroad between which property and passengers will be carried, and shall to The schedules printed as aforesaid by any such common carrier shall plainly state the places between which property and passengers will be carried, and shall |