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visions 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 lineman of telegraph and telephone companies; to railway mail service employees, postoffice 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 erchange 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 exemployees 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 person 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.

Paragraph 5 of section one of Act added by Act of June 29, 1906, and as further amended by Acts April 13, 1908, and June 18, 1910, which later Act amended the section by adding part in italics.

The Transportation Act 1920 changed the number of the paragraph to 7.

Paragraph 4 of section one of the Act of June 29, 1906, read as follows:

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 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 and boards of managers of such homes; to necessary care takers of live stock, poultry and fruit; to employees on sleeping cars, express cars, and to linemen of telegraph and telephone companies; to railway mail service employees, postoffice 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. 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 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 original Act did not expressly prohibit free transportation, and it was only when such transportation constituted discrimination and was not in the exception contained in section 22 that it was illegal. Ex parte Koehler, 31 Fed. 315. Re Charge to Grand Jury, 66 Fed. 146.

Evils of free transportation. First Annual Report of Int. Com. Com. 1 I. C. R. 650, 654. Not to be granted for influence. Slater v. N. Pac. R. Co., 2 I. C. C. 359, 2 I. C. R. 243; Harvey v. L. & N. R. Co., 5 I. C. C. 153, 3 I. C. R. 793. Re Carriage of Persons Free, 5 I. C. C. 69, 3. I. C. R. 717. Land and immigration agents not entitled to free transportation. Re Complaint of Illinois Central R. Co., 12 I. C. C. 7. Certain employees of telegraph companies may receive free or reduced transportation. Re Railroad Telegraph Companies, 12 I. C. C. 10. Newspaper employees whose duties are to assort papers on special newspaper trains not entitled to free transCompanies for Free Transportation, 16 I. C. C. 246. The Com12 I. C. C. 15. Not allowed to baggage express companies. Re Exchange of Free Transportation Between Railroads and Baggage Express Companies, 12 I. C. C. 39. Rule between express and railroad companies. Re Contracts of Express Companies for Free Transportation, 16 I. C. C. 2466. The Commission holds that ministers engaged in other than pastora work may legally be accorded special transportation privileges. Re Passes to Clergymen, 15 I. C. C. 45. Act does not affect valid subsisting contracts for free transportation. Mottley v. L. & N. R. Co., 150 Fed. 406, contra, 219 U. S. 467, 55 L. Ed. 297, 31 Sup. Ct. 265, 34 L. R. A. (N. S.) 671. Kurry v. Kansas & C. P. Ry., 58 Kansas 6, 48 Pac. 579. Express franks illegal, even to officers and employees. United States v. Wells Fargo Express Co., 161 Fed. 606; American Ex. Co. v. United States, 212 U. S. 522, 53 L. Ed. 635, 29 Sup. Ct. 315.

Contract to furnish transportation for advertising illegal. United States v. Chicago, etc., R. Co., 163 Fed. 114.

The amendment of 1910 relating to express and telephone passes and franks is indicated by italics.

The decision in the case of United States v. Wells-Fargo Ex. Co., was rendered prior to the amendment of 1910.

Notes of Decisions Rendered Since 1909.

Meaning of “employees on express cars" discussed. Re Contracts for Free Transportation, 16 I. C. C. 246, 249. Evils of giving passes, even though intrastate to interstate shipper discussed. Colorado Free Pass Investigation, 26 I. C. C. 491, 494; Montana Pass Situation, 29 I. C. C. 411; Five Per Cent case, 31 I. C. C. 351, 410. Contract for annual pass not valid. Louisville & N. R. R. Co. v. Mottley, 219 U. S. 467, 55 L. Ed. 297, 31 Sup. Ct. 265, 34 L. R. A. (N. S.) 671. Violation of law to sell a free pass to one not entitled to use it. V. S. v. Martin, 176 Fed. 110.

See notes to Sec. 22 of Act. Sec. 442—post.

Notes of Decisions Rendered Since 1915.

Express franks unlawful. Legality of Express Franks. 50 I. C. C. 599. Passes for caretakers of live stock lawful. Wiley v. Grand Trunk Ry. Co., 227 Fed. 127; Tripp v. M. Cent. R. Co., 238 Fed. 449, 151 C. C. A. 385. A contract for a pass, valid when made, can be liquidated in damages. N. Y. Cent. & H. R. Co. v. Gray, 239 U. S. 583, 60 L. Ed. 451, 36 Sup. Ct. 176. Riding on tender of interstate train by permission of engineer violates this section. Ill. Cent. R. Co. v. Messina, 240 U. S. 395, 60 L. Ed. 709, 36 Sup. Ct. 368.

$ 342A. Excepting Cincinnati Southern Railway.-Nothing contained in the Act to Regulate Commerce, approved February fourth, eighteen hundred and eighty-seven, or the Acts amendatory thereof, shall be so construed by the Interstate Commerce Commission, or by the Courts, as to prevent the lessee of the Cincinnati Southern Railway from complying with its obligation assumed in leasing said railway to furnish free transportation to the trustees of said Cincinnati Southern Railway, their officers and agents. Provided, That the free transportation referred to shall be furnished only when persons entitled thereto are traveling on the business of the company.

Act of Feb. 17, 1917, Chapter 84, 39 Stat. 922, Comp. Stat. Supp. 1919, Section 8563A.

§ 343. Railroad Companies Prohibited from Transporting Commodities in Which They Are Interested, with Certain Exceptions.-From and after May first, nineteen hundred and eight, it shall be unlawful for any railroad company to transport fronı any state, territory or the District of Columbia, to any other state, territory, or the District of Columbia, or to any foreign country, any article or commodity, other than timber and the manufactured products thereof, manufactured, mined, or produced by it, or under its authority, or which it may own in whole, or in part, or in which it may have any interest direct or indirect except such articles or commodities as may be necessary and intended for its use in the conduct of its business as a common carrier.

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