ORIGINAL AND AMENDING ACTS. Public No. 41, approved February 4, 1887, and in effect April 5, 1887 (U. S. Stat. at Large, Vol. 24, p. 379; Sup. to Rev. Stat., Vol. 1, p. 529). Public No. 125, approved and in effect March 2, 1889 (U. S. Stat. at Large, Vol. 25, p. 855; Sup. to Rev. Stat., Vol. 1, p. 684). Public No. 72, approved and in effect February 10, 1891 (U. S. Stat. at Large, Vol. 26, p. 743; Sup. to Rev. Stat., Vol. 1, p. 891). Public No. 38, approved and in effect February 8, 1895 (U. S. Stat. at Large, Vol. 28, p. —). SUPPLEMENTARY ACTS. Public No. 54, approved and in effect February 11, 1893 (U. 8. Stat. at Large, Vol. 27, p. 443). Public No. 113, approved and in effect March 2, 1893 (U. S. Stat. at Large, Vol. 27, p. 531). Public No. 237, approved and in effect August 7, 1888 (U. S. Stat. at Large, Vol. 25, p. 382; Sup. to Rev. Stat., Vol. 1, p. 602). THE ACT TO REGULATE COMMERCE. 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 Carriers and transportation through a foreign country to any other place in the United subject to the States, and also to the transportation in like manner of act. 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 apply to trans property, or to the receiving, delivering, storage, or han portation wholly dling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid. Act does not within one State. " What the terms include. 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 the term "transportation" "railroad" and shall include all instrumentalities of shipment or carriage. "transportation" 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, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable Charges must charge for such service is prohibited and declared to be and just. unlawful. be reasonable 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 Unjust discrimination de- 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. fined and forbidden. Undue or un 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 reasonable pref- 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. erence or advantage forbidden. Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all Facilities for reasonable, proper, and equal facilities for the interchange interchange of traffic. 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 thereDiscrimination with, and shall not discriminate in their rates and charges ing lines forbid 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. between connect den. 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 substan haul provision. tially 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 has authority to Commission appointed under the provisions of this act, such from the opera common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than Commission relieve carriers tion of this section. 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 contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and 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. Pooling of vision of earnings forbidden. freights and di SEC. 6. (As amended March 2, 1889.) That every common carrier subject 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 any wise change, affect, or determine any part or the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type, and copies for the use of the public shall be Printing and posted in two public and conspicuous places, in every depot, ules of rates, station, or office of such carrier where passengers or freight, charges includ respectively, are received for transportation, in such form ng rules and that they shall be accessible to the public and can be conveniently inspected. posting of sched fares, and regulations af fecting the same, terminal charges and freight classifications. Printing and posting of sched ules of rates on freight carried 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 inspection, at every depot or office where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United through a foreign 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 cus- through rates. country. Freight sub ject to customs duties in case of failure to publish ic notice of ad must be given. toms duties as if said freight were of foreign production; and any law in conflict with this section is hereby repealed. 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 Ten days' pub- this section, except after ten days' public notice, which shall ances in rates plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect; and the proposed 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 manner that public notice of reduction in notice of an advance in rates must be given. rates must be given. ted from. And when any such common carrier shall have established and published its rates, fares, and charges in comPublished rates pliance with the provisions of this section, it shall be unnot to be devia- lawful for such common carrier to charge, demand, collect, or 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. ules of rates, ges must be filed sion. Every common carrier subject to the provisions of this act shall file with the Commission hereinafter provided for Copies of sched-copies of its schedules of rates, fares, and charges which fares, and char have been established and published in compliance with with Commis- the requirements of this section, and shall promptly notify said Commission of all changes made in the same. Every such common carrier shall also file with said Commission Copies of con- copies of all contracts, agreements, or arrangements with tracts, agree other common carriers in relation to any traffic affected by rangements must the provisions of this act to which it may be a party. And Commission. in cases where passengers and freight pass over continuous ments, and ar be filed with must be filed with lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs Joint tariffs shall also, in like manner, be filed with said Commission. Commission. Such joint rates, fares, and charges on such continuous lines so filed as aforesaid shall be made public by such mission to pre- common carriers when directed by said Commission, in so scribe publicity. far as may, in the judgment of the Commission, be deemed practicable; and said Commission shall from time to time prescribe the measure of publicity which shall be given to Power of Com |