(3) Cost and value of property held for other than common carrier purposes. (4) History of corporate organization; increase or decrease of stocks, etc.; earnings and expenditures. (5) Amount and value of grants, etc., from United States, etc.; value of concessions, etc.; made by carrier to United States, etc. (6) Method of procedure of in- (7) Time for beginning investiga- tigation; access of agents (9) Valuation of extensions and (10) Reports and information to (12) Protests; hearings; changes (15) Mandamus to compel compli- 8592. (1) Annual reports from common carriers and owners of railroads, and answers by carriers to questions of the Commission; contents of reports; uniform system of accounts. (2) Period to be covered by and time for making reports; penalty for failure to make reports or answer questions; monthly and special reports. (3) Recovery of forfeitures. (4) Administration of oath. (5) Forms of accounts, records, etc., required to be kept; access thereto by the Commission, and examination thereof. (6) Penalty for failure to keep accounts, records, etc., as prescribed, or to submit same to inspection. (7) Making false entries in accounts, records, etc., kept by carrier, or destruction, mutilation, alteration, etc., thereof, or failure to make entries therein, or keeping other accounts, records, etc., than those prescribed, etc., punishable; penalty. (8) Examiner divulging facts, etc., coming to his knowledge during examination, punishable; penalty. (9) Jurisdiction of courts to compel compliance with provisions of acts by mandamus. (10) Special agents or examiners to carry out provisions of acts. (11) Bills of lading to be issued by carrier receiving property for transportation; liability to holder thereof for loss, etc., caused by it or by other carrier, etc., without exemption. (12) Recovery by carrier, etc., issuing bill of lading, of amount of loss, etc., required to be paid, from carrier, etc., on whose line loss, etc., was sustained. 8593. Mandamus to compel equal facilities to shippers, etc. 8594. Annual report of Commission. 8595. Restrictions on operation of act. 8596. Interstate Commerce Commission enlarged; increase of number of members, extension of terms of office, and increase of compensation. 8597. (1) Corporation common carriers liable for violations of acts regulating commerce; failure to file and publish tariff punishable, and penalty therefor; rebates, concessions, and discriminations prohibited, and penalty therefor; imprisonment as penalty; jurisdiction of prosecutions. (2) Liabilities for acts of agents, etc.; departure from pub lished rates an offense un- (3) Receiving rebates from car- 8598. Parties to proceedings to enforce 8599. Proceedings in equity for enforcement of tariffs, prohibition of discriminations etc.; duties of district attorneys; recovery of damages; compulsory attendance of witnesses, etc.; precedence to be given hearings. 8600. Common carriers subject to act to designate agent in city of Washington for service of notices and processes; service on agent, or, in default of designation. 8601. Previous proceedings and acts of Commission not impaired by act; powers conferred by act applicable to pending cases, etc.; existing obligations, liabilities, etc., not affected by act. 8602. Commission to investigate issuance of stocks and bonds by railroad corporations; appointment and compensation of members; employment of experts ⚫ and assistants; detail of officials, etc., from departments and bureaus; expenses. 8603. Larceny of goods in interstate commerce; receiving stolen property; fraudulently taking, etc., baggage; receiving, etc., stolen baggage; punishment; prosecutions in district courts; asporting goods, etc., separate offense; punishment; prosecution in district courts. 8604. Jurisdiction of state courts unimpaired; effect of conviction or acquittal in state court. § 8563. (Act Feb. 4, 1887, c. 104, § 1, as amended, Act June 29, 1906, c. 3591, § 1, Act April 13, 1908, c. 143, and Act June 18, 1910, c. 309.) (1) Carriers and transportation subject to regulation, including transportation of oil, etc., by pipe lines and telegraph, telephone, and cable companies. The provisions of this Act shall apply to any corporation or any person or persons engaged in the transportation of oil or other commodity, except water and except natural or artificial gas, by means of pipe lines, or partly by pipe lines and partly by railroad. or partly by pipe lines and partly by water, and to telegraph, telephone, and cable companies (whether wire or wireless) engaged in sending messages from one State, Territory, or District of the United States, to any other State, Territory, or District of the United States, or to any foreign country, who shall be considered and held to be common carriers within the meaning and purpose of this Act, and 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 one place in a Territory to another place in the same Territory, 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 transportation 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, nor shall they apply to the transmission of messages by telephone, telegraph, or cable wholly within one State and not transmitted to or from a foreign country from or to any State or Territory as aforesaid. (2) Terms "common carrier," "railroad," and "transportation" defined; duty of carriers to furnish transportation, and to establish through routes and just and reasonable rates and provide facilities for operation thereof and make rules for exchange, etc., of cars, etc. The term "common carrier" as used in this Act shall include express companies and sleeping car companies. 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 road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease, and shall also include all switches, spurs, tracks, and terminal facilities of every kind used or necessary in the transportation of the persons or property designated herein, and also all freight depots, yards, and grounds used or necessary in the transportation or delivery of any of said property; and the term "transportation" shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported; and it shall be the duty of every carrier subject to the provisions of this Act to provide and furnish such transportation upon reasonable request therefor, and to establish through routes and just and reasonable rates applicable thereto; and to provide reasonable facilities for operating such through routes and to make reasonable rules and regulations with respect to the exchange, interchange, and return of cars used therein, and for the operation of such through routes, and providing for reasonable compensation to those entitled thereto. Wherever the word "carrier" occurred in the Hepburn Act of June 29, 1906, c. 3591, amending this act, it was to be held to mean "common carrier," by a proviso contained in the amendment of section 6 of this act by section 2 of said Hepburn amendatory act, which is incorporated in section 6 of this act, post, § 8569. (3) Charges to be just and reasonable; unjust and unreasonable charge unlawful; classification of telegraph, etc., messages, and rates therefor; contracts by telegraph, etc., companies with common carriers for exchange of services. All charges made for any service rendered or to be rendered in the transportation of passengers or property and for the transmission of messages by telegraph, telephone, or cable, as aforesaid, or in con nection therewith, shall be just and reasonable; and every unjust and unreasonable charge for such service or any part thereof is prohibited and declared to be unlawful: Provided, That messages by telegraph, telephone, or cable, subject to the provisions of this Act, may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government, and such other classes as are just and reasonable, and different rates may be charged for the different classes of messages: And provided further, That nothing in this Act shall be construed to prevent telephone, telegraph, and cable companies from entering into contracts with common carriers, for the exchange of services. (4) Classification of property for transportation; regulations and practices affecting transportation of property and matters relating thereto or connected therewith; unjust and unreasonable classification, regulation, or practice with reference to interstate or foreign commerce, prohibited. And it is hereby made the duty of all common carriers subject to the provisions of this Act to establish, observe, and enforce just and reasonable classifications of property for transportation, with reference to which rates, tariffs, regulations, or practices are or may be made or prescribed, and just and reasonable regulations and practices affecting classifications, rates, or tariffs, the issuance, form, and substance of tickets, receipts, and bills of lading, the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, the carrying of personal, sample, and excess baggage, and all other matters relating to or connected with the receiving, handling, transporting, storing, and delivery of property subject to the provisions of this Act which may be necessary or proper to secure the safe and prompt receipt, handling, transportation, and delivery of property subject to the provisions of this Act upon just and reasonable terms, and every such unjust and unreasonable classification, regulation, and practice. with reference to commerce between the States and with foreign countries is prohibited and declared to be unlawful. (5) Free passes or free transportation for passengers prohibited; exceptions and provisos; privilege and interchange of passes and of telegraph, etc., franks, for officers, etc., of common carriers, and of telegraph, etc., lines; persons included in exceptions of "employees" and "families"; violations of provisions punishable; penalty; jurisdiction of offenses. No common carrier subject to the provisions of this Act, shall, after January first, nineteen hundred and seven, directly or indirectly, issue or give any interstate free ticket, free pass, or free transportation for passengers, except to its employees and their families, its officers, agents, surgeons, physicians, and attorneys at law; to ministers of religion, traveling secretaries of railroad Young Men's Christian Associations, inmates of hospitals and charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute and homeless. persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors' Homes, including those about to enter and those returning home after discharge; to necessary care takers of live stock, poultry, milk, and fruit; to employees on sleeping cars, express cars, and to linemen of telegraph and telephone companies; to Railway Mail Service employees, post-office inspectors, customs inspectors, and immigration inspectors; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the common carrier is interested, persons injured in wrecks and physicians and nurses attending such persons: Provided, That this provision shall not be construed to prohibit the interchange of passes for the officers, agents, and employees of common carriers, and their families; nor to prohibit any common carrier from carrying passengers free with the object of providing relief in cases of general epidemic, pestilence, or other calamitous visitation: And provided further, That this provision shall not be construed to prohibit the privilege of passes or franks, or the exchange thereof with each other, for the officers, agents, employees, and their families of such telegraph, telephone and cable lines, and the officers, agents, employees and their families of other common carriers subject to the provisions of this Act: Provided further, That the term "employees" as used in this paragraph shall include furloughed, pensioned, and superannuated employees, persons who have become disabled or infirm in the service of any such common carrier, and the remains of a person killed in the employment of a carrier and ex-employees traveling for the purpose of entering the service of any such common carrier; and the term “families" as used in this paragraph shall include the families of those persons named in this proviso, also the families of persons killed, and the widows during widowhood and minor children during minority of persons who died, while in the service of any such common carrier. Any common carrier violating this provision shall be deemed guilty of a misdemeanor and for each offense, on conviction, shall pay to the United States a penalty of not less than one hundred dollars nor more than two thousand dollars, and any person, other than the persons excepted in this provision, who uses any such interstate free ticket, free pass, or free transportation shall be subject to a like penalty. Jurisdiction of offenses under this provision shall be the same as that provided for offenses in an Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, and any amendment thereof. The Elkins Act of Feb. 19, 1903, c. 708, mentioned in this paragraph, is set forth, as amended by the Hepburn Act of June 29, 1906, c. 3591, post, §§ 85978599. (6) Transportation by railroad company of article or commodity manufactured, mined, or produced by it, or which it owns, or in which it has any interest, unlawful. From and after May first, nineteen hundred and eight, it shall be |