Tobacco-Danville v. Southern Ry., 8 I. C. C. Rep. 409 (1900). Tomatoes-Rea v. Mobile & O. Ry., 7 I. C. C. Rep. 43 (1897). Turnips-Truck Farmers' Assoc. v. Northeastern Ry., 6 I. C. C. Rep. 295 (1895).

Turpentine-Savannah Bureau of Freight & Transp. v. Louisville & N. R. R., 8 I. C. C. Rep. 377 (1899).

Vanilla Beans-Kindel v. Atchison, T. & S. F. R. R., 9 I. C. C. Rep. 606 (1903).

Vegetables-Delaware State Grange v. New York, P. & N. R. R., 3 Int. Com. Rep. 554, 4 I. C. C. 588 (1891); Re Unlawful Charges for Transportation of Vegetables, 8 I. C. C. Rep. 585 (1900); Truck Farmers' Assoc. v. Northeastern Ry., 6 I. C. C. Rep. 295 (1895).

Wagons-Shippers' Union of Phoenix v. Atchison, T. & S. F. R. R., 9 I. C. C. Rep. 250 (1902).

Wainscoting-Duluth Shingle Co. v. Duluth S. S. & A. Ry., 10 I. C. C. Rep. 489 (1905).

Whalebone and Whale Oil Foots-Kindel v. Atchison, T. & S. F. R. R., 9 I. C. C. Rep. 606 (1903).

Wheat-Evans v. Oregon Ry. & N. Co., 1 Int. Com. Rep. 641, 1 I. C. C. 325 (1887); Milwaukee Chamber of Commerce v. Flint B. & P. M. R. R., 2 Int. Com. Rep. 393, 2 I. C. C. 553 (1889); In re Alleged Excessive Freight Rates, 3 Int. Com. Rep. 93, 4 I. C. C. 48 (1890); Buchanan v. Northern Pac. R. R., 3 Int. Com. Rep. 655, 5 I. C. C. 7 (1891); F. Schumacher Milling Co. v. Chicago, R. I. & P. Ry., 6 I. C. C. Rep. 61 (1894); Newland v. Northern P. R. R., 6 I. C. C Rep. 131 (1894); Evans v. Union P. Ry., 6 I. C. C. Rep. 520 (1896); Board of Railroad Comrs. v. Cincinnati, N. O. & T. P. Ry., 7 I. C. C. Rep. 380 (1897); Chamber of Commerce v. Chicago, M. & St. P. Ry., 7 I. C. C. Rep. 481 (1898); Grain Shippers' Assoc. v. Illinois Cent. R. R., 8 I. C. C. Rep. 158 (1899); Re Export and Domestic Rates on Grain, 8 I C. C. Rep. 214 (1899); Board of R. Comrs. v. Atchison, T. & S. F. R. R., 8 I. C. C. Rep. 304 (1899); National Hay Assoc. v. Lake Shore & Michigan S. Ry., 9 I. C. C. Rep. 264 (1902); Wichita v. Atchison, T. & S. F. R. R., 9 I. C. C. Rep. 558 (1903); Wichita v. Missouri Pac. Ry., 10 I. C. C. Rep. 35 (1904); Aberdeen Group Commercial Assoc. v. Mobile & O. Ry., 10 I. C. C. Rep. 289 (1904); Cannon Falls Farmers' Elevator Co. v. Chicago G. W. Ry., 10 I. C. C. Rep. 650 (1905).

Window Frames and Screens-Duluth Shingle Co. v. Duluth S. S. & A. Ry., 10 I. C. C. Rep. 489 (1905).

Window Shades-6 I. C. C. Rep. 148 (1894), 6 I. C. C. Rep. 548 (1896). Wine, Wire Fence, Woodenware-Shippers' Union of Phoenix v. Atchison, T. & S. F. R. R., 9 I. C. C. Rep. 250 (1902).

Wool-Kindel v. Atchison, T. & S. F. R. R., 9 I. C. C. Rep. 606 (1903). Zinc Sheets, Zinc Slab-Business Men's League v. Atchison, T. & S. F. R. R., 9 I. C. C. Rep. 323 (1902).

TOPIC E-REASONABLE FACILITIES.

[The common law situation is discussed in Chapters VII, IX, XX, XXIII.]

§ 935. Not required by original act.

The original interstate commerce act did not require or give the Commission power to require that carriers should furnish reasonable facilities; though it did forbid any discrimination in furnishing facilities. The common law required the furnishing of such facilities; but since the act was silent, the Commission could not require a carrier to furnish cars. Scofield v. Lake Shore & M. S. Ry., 2 Int. Com. Rep. 67, 2 I. C. C. 90 (1888); Rice v. Cincinnati, W. & B. R. R., 3 Int. Com. Rep. 841, 5 I. C. C. 193 (1891). Nor can it require a railroad to furnish refrigerator cars for the carriage of fruit. Re Transportation & Refrigeration of Fruit, 10 I. C. C. Rep. 360 (1904). So it cannot order a railroad to deliver carload freight in bulk to a connecting road. Railroad Comrs. v. Louisville & N. R. R., 10 I. C. C. Rep. 173 (1904). Nor is a railroad under the act obliged to allow a steamboat access to its wharf. Ilwaco Ry. & Nav. Co. v. Oregon S. L. & U. N. Ry., 57 Fed. 673, 6 C. C. A. 495, 5 Int. Com. Rep. 627 (1895).

936. Switching privileges.

In the same way under the original act a railroad was not bound to provide and maintain a spur track to the premises of a shipper. Mt. Vernon Milling Co. v. Chicago, M. & S. P. Ry., 7 I. C. C. Rep. 194 (1897); Red Rock Fuel Co. v. Baltimore & O. R. R., 11 I. C. C. Rep. 438 (1905). The duty of providing switching privileges was placed upon railroads in England in 1904 (ante, § 874), and now is imposed in the United States by the provision of the act of 1906 given above.

CHAPTER XXIX.

DISCRIMINATIONS BETWEEN PERSONS.

§ 941. Provisions of the statute.

942. Amendments of 1906.

TOPIC A-UNDUE OR UNREASONABLE PREFERENCE OR ADVANTAGE.

§ 943. What discrimination is forbidden.

944. What preference is undue and unreasonable. 945. Device for concealing preference unavailing. 946. Preference in certain services permissible. 947. Effect of illegality on contract of carriage.

§ 955. What amounts to a rebate.

956. Allowance for cars or facilities furnished by the shipper.

957. Division of rate with industrial railway.

958. Sale and delivery of commodities by a railroad.

TOPIC E-EXCEPTIONS.

§ 959. Statutory exceptions not exclusive.

960. Carriage for the government.

961. Ministers of religion.

962. Officers and employees.

963. Mileage, excursion and commutation tickets.

§ 941. Provisions of the statute.

Equal charges for like and contemporaneous service.-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, 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. [Interstate Commerce Act, section 2.]

Discrimination.-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 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.

Interchange of traffic.-Every common carrier subject to the provisions of this act shall, 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 there with, 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. [Interstate Commerce Act, section 3.]

Preference to United States in war time.-That in time of war or threatened war, preference and precedence shall, upon. the demand of the President of the United States, be given, over all other traffic, to the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic.

June 29, 1906, section 2.]

[Act of

Exceptions. That nothing in this Act shall prevent the carriage, storage, or handling of property, free or at reduced rates For the United States, State, or municipal governments, Or for charitable purposes,

Or to or from fairs or expositions for exhibition thereat, Or the free carriage of destitute and homeless persons transported by charitable societies,

And the necessary agents employed in such transportation, Or the issuance of mileage, excursion, or commutation passenger tickets;

Nothing in this Act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, Or to municipal governments for the transportation of indigent persons,

Or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers and of Soldiers' and Sailors' Orphan Homes, including those about to enter and those returning home after discharge, under arrangements with the boards of managers of said homes.

Nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers and employees,

Or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employees;

And nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: