ing in which the common carrier is interested, persons injured in accidents or wrecks and physicians and nurses attending such persons; to the carriage free or at reduced rates of persons or property for the United States, state or municipal governments, or of property to or from fairs and expositions for exhibit thereat. Nothing in this act shall be construed to prohibit the interchange of free or reduced transportation between common carriers of or for their officers, agents, employees, attorneys and surgeons and their families, nor to prohibit any common carrier from carrying passengers or property free, with the object of providing relief in cases of general epidemic, pestilence or other calamitous visitation; nor to prohibit any common carrier from transporting persons or property as incident to or connected with contracts for construction, operation or maintenance, and to the extent only that such free transportation is provided for in the contract for such work.

Provided further, that nothing in this act shall prevent the issuance of mileage, excursion, or commutation passenger tickets, or joint interchangeable mileage tickets, with special privileges as to the amount of free baggage that may be carried under mileage tickets of one thousand miles or more. But before any common carrier, subject to the provision of this act, shall issue any such mileage, excursion, commutation passenger ticket or joint interchangeable mileage ticket, with special privileges as aforesaid, it shall file with the commission copies of the tariffs of rates, fares or charges on which such tickets are to be based, together with the specifications of the amount of free baggage permitted to be carried under such joint interchangeable mileage ticket, in the same manner as common carriers are required to do with regard to other rates by this act. Nor shall anything in this act prevent the issuance of passenger transportation in exchange for advertising space in newspapers at full rates.

Provisions of the Interstate Commerce Act relative to the giving of passes, see Interst. Com. Act, § 1, post, Appendix B. Copies of tariff schedules filed with the Interstate Commerce Commission are prima facie evidence on investigations before the Commission and in judicial proceedings,- see Interst. Com. Act, § 16, post, Appendix B.

Commissioners and employees of Commissions shall not accept free transportation,- see ante, § 15.

Transportation shall not be permitted at less than the scheduled rates, by means of false billing, false classification, false weight, or any other device or means,— see post, § 34.

Liability of carrier for loss of passengers' baggage,- see post § 38. Actions by aggrieved persons for loss or damage caused by charging other than the published rates,- see post, § 40.

Penalties and forfeitures for charging other than published rates,— see post, § 56.

General power of the state to regulate property devoted to public use, see ante, § 1, notes [1]-[22].

General power of the state to regulate rates and charges,- see ante, § 1, note [2].

Exemption from public control,- see ante, § 1, notes [16]-[21].
General rules of statutory construction,- see ante, § 1, notes
[23]-[40].

Purpose of acts regulating railroads,— see ante, § 1, note [32].
Who are common carriers,- see ante, § 2, notes [2]-[7].
What constitutes a railroad or street railroad,- see ante, § 2, note [8].
Effect of receivership on power to regulate,- see ante, § 2, note [15].
Scope of state and federal power as to rates and charges,- see ante,
§ 25, note [10].

What statutes regulating rates amount to a regulation of interstate
commerce,― see ante, § 25, note [14].

Posted schedules fix rates of shipment in absence of contract,— see ante, § 26, note [37].

Restraining excessive rates,- see ante, § 26, note [48].

Power of state to require posting of tariff schedules,-see ante, § 28, note [1].

Competition created by departures from published schedules not a justification of disparities in rates,- see ante, § 31, note [39]. That charges complained of were duly filed and posted a defense in action for unjust discrimination,- see ante, § 31, note [87].

[1] Duty to charge published rate.

An initial carrier, when it has once established a joint traffic compact to transport property over a certain route between points in different states and has published the rates for such transportation, cannot transport over any connecting route pursuant to traffic arrangement at a less rate than that filed.— U. S. v. Pa. R. Co., 153 Fed. 625; U. S. v. Vacuum Oil Co., 153 Fed. 598.

All goods offered for shipment at a certain point must be carried at the declared rate for such goods from such point, regardless of the place where the shipment originated.- Bigbee & W. R. P. Co. v. Mobile & 0. R. Co., 60 Fed. 545.

No railroad may lawfully stipulate or contract with a telegraph company for the carriage of the latter's officials, employees or property at other than the published rates, except in connection with the construction, operation and maintenance of a telegraph service on its own lines or system. Matter of Railroad Telegraph Companies, 12 Inters. Com. R. 10.

It is manifestly contrary to law and leads to confusion for one line of rates to be retained in published tariffs while others are in fact used on actual shipments.- Cannon v. Mobile & O. R. Co., 11 Inters. Com. R. 537.

Where joint routes and rates have been established, they must be kept open to public use until formally changed or abrogated.- Consolidated F. Co. v. So. Pac. R. Co., 9 Inters. Com. R. 182.

Instructions by a carrier to its agents to disregard the regular published tariff rates to certain points and to use combination rates, whenever the latter are lower, are unlawful, if such rule and practice have not been duly announced on the tariff schedules.- Spillers v. L. & N. R. Co., 8 Inters. Com. R. 364.

A carrier may not directly or indirectly make any charge for any special service not specified in the published schedules.- American Warehousemen's Assn. v. Ill. Cent. R. Co., 7 Inters. Com. R. 556.

A carrier may not charge more nor less than the rate set forth in the schedules. Suffern, H. & Co. v. Ind. D. & W. R. Co., 7 Inters.

Com. R. 255.

Where no special contract is made as to the rates for a shipment, the posted schedules govern.- Kellerman v. K. C. St. J. & C. B. R. Co., 136 Mo. 177, 34 S. W. 41.

[2] Effect of special rules and regulations.

Separate issuance in circulars of rules and regulations affecting the aggregate rate does not authorize any charge in addition or excess of that contained in the carrier's rate sheets.- Suffern, H. & Co. v. Ind. D. & W. R. Co., 7 Inters. Com. R. 255.

[3] Transportation for governmental departments.

Transportation of fish or fish eggs for the United States Commission of Fisheries may be done at less than the published rates.- In re U. S. Commission of Fisheries, 1 Inters. Com. R. 606, 1 I. C. C. R. 21.

[4] Publication of rates condition precedent to right to charge. Publication of rates and charges condition precedent to engaging in interstate transportation,- see Interst. Com. Act, § 6, post, Appendix B.

The Interstate Commerce Act is not self-executing as to the public, and shippers are not affected by rates fixed under it until the required

publication of rates has been made. The burden is on the carriers to show compliance with this condition precedent.-Atlanta, K. & N. R. Co. v. Horne, 106 Tenn. 72, 59 S. W. 134.

[5] When published rate must be tendered.

One who has obtained interstate transportation at a rate specified in the bill of lading, less than the published rates filed with and approved by the Interstate Commerce Commission, and in force at the time, whether or not he knew that the rate obtained was less than the schedule rate, is not entitled to recover the goods or damages for their detention, upon the tender of payment of the amount of charges named in the bill of lading, or of any sum less than the schedule charges; in other words, whatever may be the rate agreed upon, the carrier's lien on the goods, is, by force of the Act of Congress, for the amount fixed by the published schedule of rates and charges, and this lien can be discharged, and the consignee can become entitled to the goods, only by the payment, or tender of payment, of such amount.- Texas & P. R. Co. v. Mugg, 202 U. S. 242, 26 Sup. Ct. R. (U. S.) 628, revg. s. c. 98 Tex. 352, 83 S. W. 800; Gulf, C. & S. F. R. Co. v. Hefley, 158 U. S. 98, 15 Sup. Ct. R. (U. S.) 802; Southern R. Co. v. Harrison, 119 Ala. 539, 24 So. 552.

On tender of the rate set forth in the bill of lading, the consignee is entitled to receive his goods, even though such rate is less than that approved by the Commission, if the carrier does not prove publication of the latter rate.-Atlanta, K. & N. R. Co. v. Horne, 106 Tenn. 72, 59 S. W. 134.

[6] Contracts for shipment.

Reparation will not be allowed a shipper for a breach of a contract by the carrier to accord a privilege not offered to the general public in the published tariffs.— Shiel v. Ill. Cent. R. Co., 12 Inters. Com. R. 242.

A contract for shipment at less than the published rate is void, and no action lies under the Interstate Commerce Act for excessive charges by reason of the violation of such contract.— Red Cloud M. Co. v. So. Pac. R. Co., 9 Inters. Com. R. 216.

All contracts entered into with carriers are presumed to be governed by the classification sheet in force at the time of the shipment. Whether such classification is just or unjust, it is nevertheless binding on both the carrier and shipper so long as it remains in force, regardless of any contract for a greater or less rate.- Smith v. Gt. Northern R. Co., N. Dak. - 107 N. W. 56.

[7] Effect of failure to properly post schedule.

The filing of a tariff of rates by the carrier with the Interstate Commerce Commission and the carrier's freight agents put the rates in force,

even though the copies have not been posted in the carrier's depots, as required by the Interstate Commerce Act.- Texas & P. R. Co. v. Cisco Oil Mill Co., 204 U. S. 449, 27 Sup. Ct. R. (U. S.) 358.

The provision of the Interstate Commerce Act that rates posted shall be charged does not apply where copies of the schedules have been placed with the station agent and a notice posted that he has them and that they can be inspected on application.-Wabash R. Co. v. Sloop, 200 Mo. 198, 98 S. W. 607.

[8] Recovery of excess charges.

Any charges imposed on the shipper pursuant to rules and regulations not published in the carrier's rate sheets may be recovered as excess charges.- Suffern, H. & Co. v. Ind. D. & W. R. Co., 7 Inters. Com. R. 255.

[9] Shipper bound to know lawful rate.

A shipper is charged with knowing the lawful rate if it has been duly published.-U. S. v. Standard Oil Co., 155 Fed. 305.

Shippers and consignees cannot depend for the lawful rate or charge on what is quoted to them by the carrier's agent, but must be guided by the published rate sheets.- Suffern, H. & Co. v. Ind. D. & W. R. Co., 7 Inters. Com. R. 255.

[10] Indictments for failure to exact published rate.

An indictment under the Interstate Commerce Act against a railroad for charging more than the rate published in its schedule, it appearing that after the establishment of a joint through route and the publication of schedules of rates therefor, the defendant transported goods for a shipper over a different route at a less rate, is not insufficient for failure to allege that the rate over the latter route was not published and filed.U. S. v. Pa. R. Co., 153 Fed. 625.

In an indictment under the Interstate Commerce Act against a railroad for charging a greater rate than that published in the schedule, allegations that a common arrangement existed between the defendant and connecting carriers named for a continuous forwarding of property, in interstate commerce, between certain points and that the defendant kept open for public inspection its printed tariff of rates and filed the same as required by law, together with the allegation that the shipment was accompanied by written shipping bills showing a continuous shipment between the named points, sufficiently charge prima facie the establishment of a joint tariff or rates for the commodities in question and it is unnecessary to specifically charge that all the connecting carriers con