APPENDIX H.

THE ACT TO REGULATE COMMERCE AS AMENDED.

RULES OF PRACTICE AND FORMS IN CASES AND PROCEEDINGS BEFORE THE COMMISSION.

THE ACT TO REGULTE COMMERCE.

(As amended March 2, 1889, and February 10, 1891).

Carriers and transportation

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement for a continuous carriage or shipment 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 any place in the United States to an adjacent foreign country or from any place in the United States through a foreign country to any other place in the United States, and also to the trans- subject to the act. portation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Provided, however, That the provisions of this act shall not apply 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 State or Territory as aforesaid.

What the terms "railroad" and

The term "railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the roads in use by any corporation operating a railroad, whether owned or operated under a transporta contract, agreement, or lease; and the term "transportation" shall include all instrumentalites of shipment or carriage.

All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving,

tion" include.

delivering, storage, or handling of such property, shall be Charges to be reasonable and just; and every unjust and unreasonable reasonable. charge for such service is prohibited and declared to be un

lawful.

SEC. 2. That if any common carrier 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, Unjust dis or receives from any other person or persons for doing for bidden.

crimination 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.

SEC. 3. That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any parreasonable prefUndue or un ticular person, company, firm, corporation, or locality, or any erence or advan- particular description of traffic, in any respect whatsoever, tage forbidden. 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.

traffic.

Every common carrier subject to the provisions of this act Facilities for shall, according to their respective powers, afford all reasoninterchange of able, 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.

haul provision.

SEC. 4. That it shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation Long and short 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 within 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 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 unlawful for any common carrier subject to the provisions of this act to enter into any conPooling of tract, agreement, or combination with any other common freights and division of earn- carrier or carriers for the pooling of freights of different and ings forbidden. 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.) That every common carrier suject 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 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 by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately the terminal charges and any rules or regulations which in anywise change, affect, or determine any part or the aggregate of such aforesaid rates and fares and charges. Such schedPrinting and ules shall be plainly printed in large type, and copies for the posting of sched use of the public shall be posted in two public and conspic- fares, and uous places, in every depot, station, or office of such car- charges. rier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public and can be conveniently inspected.

ules of

rates,

ules of rates on

carried

for

Any common carrier subject to the provisions of this act receiving freight in the United States to be carried through a foreign country to any place in the United States shall also in like manner print and keep open to public inspec- Printing and tion, at every depot or office where such freight is received posting of schedfor shipment, schedules showing the through rates estab- freight lished and charged by such common carrier to all points in through a eign country. the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States, the through rate on which shall not have been made public as required by this act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production; and any law in conflict with this section is hereby repealed.

lic notice of ad

public notice of

No advance shall be made in the rates, fares, and charges which have been established and published as aforesaid by any common carrier in compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the Ten days' pubschedule then in force, and the time when the increased vances in rates rates, fares, or charges will go into effect; and the proposed to be given. changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. Reductions in such published rates, fares, or charges shall only be made after Three days' three days' previous public notice, to be given in the same reduction in manner that notice of an advance in rates must be given. And when any such common carrier shall have established and published rates, fares, and charges in compliance with the provisions of this section, it shall be unlaw- Published ful for such common carrier to charge, demand, collect, or deviated from. receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.

Every commmon carrier subject to the provisions of this

rates to be given.

rates not to be