Lapas attēli
PDF
ePub

act. It would seem at least doubtful whether this initial liability could be enforced in such a case. As to the effect of the enactment upon state legislation enacted during the non-action of congress, see § 35, supra. This is the first legislation by congress in the exercise of its power in interstate and foreign commerce over bills of lading other than maritime traffic.

See also opinion of Rogers, J., in Smelzer v. St. L. & St. F. R. Co., 158 Fed. 649, C. C. W. D. Ark. in 1908, sustaining this provision.

§ 408. The employment of special examiners.-This provision for the employment of special examiners, with power to summon witnesses and receive evidence, which was first enacted in 1906, adds very materially to the effectiveness of the act, in that it relieves the members of the commission from the necessity theretofore imposed of attendance in different parts of the country in taking testimony.

§ 409. The effectiveness of the publicity provisions of the section. The enactment of this section prescribing the form of accounts and records kept by the carrier, with the right of inspection, was strongly urged by the commission in its report for the year 1905, page 11, where it said that probably no one thing would go further toward the detection of rebates and kindred wrong-doing. The provision of the section for a uniform system of accounts for railroads and other common carriers, for a board of examiners of accounts, and for annual, monthly or special reports, has been found most effective for the end of preventing illegal practices and of procuring the desired publicity in railway operations. The commission has organized a bureau of statistics and accounts, which has co-operated with the state railway commissioners, and also with the carriers, in making a uniform system of railway accounting. The commission in its report for 1910 has urged upon congress the bringing of all water line carriers doing an interstate business under its jurisdiction, so far, at least, as the twentieth section of the act is concerned.

By the act of 1910, telegraph and telephone companies doing an interstate business are placed under the jurisdiction of the commission. The commission in its report for 1910, says that steps have been taken for the formulation of a system for operating and accounting for these companies, and it is expected

that the system will become effective on July 1, 1911. With regard to telephone companies, the commission says that there are from twenty-five to thirty thousand telephone companies which make provision for interstate communication, and the commission is in doubt whether it was the intent of congress to place all of these companies under its supervision and control.

SECTION 21.

410. Section 21 as amended.

411. The annual reports of the commission.

[Annual reports of the commission to congress.]

§ 410. Section 21 as amended.-SEC. 21. (As amended March 2, 1889.) That the Commission shall on or before the first day of December in each year, make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations, as to additional legislation relating thereto as the Commission may deem necessary; and the names and compensation of the persons employed by said Commission.

§ 411. The annual reports of the commission.-The annual reports of the commission published by the Government Printing Office have been regularly issued since the organization of the commission and are now (1911) 24 in number. The reports contain a discussion of the work of the commission during the year with recommendations for further legislation; a full report of decisions during the year and of pending litigation both civil and criminal in the enforcement of the act to regulate commerce. A statement of the clerical force and other employes of the commission several hundred in number at an annual expense of $1,385,000 during the past year 1910 is also included. The reports contain a digest of reported cases during the year, a digest of the court decisions relative to the commission and to the enforcements of the act, and also of cases in Interstate Commerce relative to matters arising before the commission. The vast range of the duties of the commission, and their great expansion under the successive acts of congress are indicated in these annual reports.

SECTION 22.

§ 412. Persons and property that may be carried free or at reduced rates, etc.

413. Amendments to section.

414. The section illustrative and not exclusive.

415. The section permissive only.

416. Withdrawal of commutation tickets.

417. The commission on excursion rates.

418. The jurisdiction of the commission as to commutation rates.

§ 412. Persons and property that may be carried free or at reduced rates, etc.-SEC. 22. (As amended March 2, 1889, and Februay 8, 1895.) [Sec section 1, 4th par.] That nothing in this act shall prevent the carriage, storage, or handling of property free or at provided rates for the United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable so

[Mileage, excursion, or commutation passenger tickets.]

cieties, 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

[Passes and free transportation to officers and employes

of railroad companies.]

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

[Provisions of act are in addition to remedies existing
at common law. Pending litigation not affected by
act.]

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: Provided, That no pending litigation shall in any way be affected by this Act: Provided further, That nothing in this Act shall prevent the issuance of joint interchangeable five-thousand-mile tickets, with special

[Joint interchangeable five-thousand-mile tickets. Amount
of free baggage.]

privileges as to the amount of free baggage that may be carried under mileage tickets of one thousand or more miles. But before any common carrier, subject to the provision of this Act, shall issue any such joint interchangeable mileage tickets with special privileges, as aforesaid, it shall file with the Interstate Commerce Commission copies of the joint tariffs of rates, fares, or charges on which such joint interchangeable mileage tickets are to be based, together with specifications of the amount of free baggage permitted to be carried under such tickets, in the same manner as common carriers are required to do with regard to other joint

[Publication of rates.]

rates by section six of this Act; and all the provisions of the said section six relating to joint rates, fares, and charges shall be observed by said common carriers and enforced by the Interstate Commerce Commission as fully with regard to such joint interchangeable mileage tickets as with regard to other joint rates, fares, and charges referred to in said section six. It shall be unlawful for any common carrier that has issued or authorized to

[Sale of tickets.]

be issued any such joint interchangeable mileage tickets to demand, collect, or receive from any person or persons a greater or less compensation for transportation of persons or baggage under such joint interchangeable mileage tickets than that required by

[Penalties.]

the rate, fare, or charge specified in the copies of the joint tariff of rates, fares, or charges filed with the Commission in force at the time. The provisions of section ten of this Act shall apply to any violation of the requirements of this proviso.

§ 413 (304). Amendments to section.-The amendment of March 2, 1889, incorporated in the Act to Regulate Commerce, a provision as follows:

"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."

Notwithstanding the collocation of this provision in the twentysecond section, it clearly is to be construed with all of these sections, and relates to all the remedies provided by the act and has been so construed by the courts. See section 8 of act, supra.

The amendment of 1895 incorporated a second proviso concerning the issuance of joint interchangeable five thousand mile tickets.

This section in its regulation of passes and free transportation,

« iepriekšējāTurpināt »