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Act when to take effect.

§ 14. This act shall take effect immediately; except that the building of said road, or the sale of the franchises as provided for in sections seven and thirty-four of the act hereby amended, as so amended, is postponed until, and made dependent upon, the determination of that question by the vote of the people as called for by sections twelve and thirteen of this act.

Chap. 752, Laws of 1894.

See provisions of Greater New York Charter, ante.

Interstate Commerce Act and Kindred Acts,

as Amended to September 30, 1905.

CONTENTS.

(Showing Citations.) An act to regulate commerce, approved February 4, 1887, and in effect April

5, 1887 (24 Statutes at Large, 379; 1 Supp. to Rev. Stat. U. S., 529), as amended by an act approved March 2, 1889 (25 Statutes at Large, 855; 1 Supp. to Rev. Stat. U. S., 684), and by an act approved February 10, 1891 (26 Statutes at Large, 743; 1 Supp. to Rev. Stat. U. S., 891), and by an act approved February 8, 1895 (28 Statutes at Large, 643; 2 Supp. to Rev. Stat.

U. S., 369). An act in relation to testimony before the Interstate Commerce Commission,

and in cases or proceedings under or connected with an act entitled an act to regulate commerce, and amendments thereto, approved February 11, 1893

(27 Statutes at Large, 443; 2 Supp. to Rev. Stat. U. S., 80). An act to further regulate commerce with foreign nations and among the

States, approved February 19, 1903 (32 Statutes at Large). An act to expedite the hearing and determination of suits in equity pending

or hereafter brought under the act of July 2, 1890, entitled an act to protect trade and commerce against unlawful restraints and monopolies, an act to regulate commerce, or any other acts having a like purpose that may be • hereafter enacted, approved February 11, 1903 (32 Statutes at Large). An act supplementary to the act of July 1, 1862, entitled an act to aid in the

construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, and also of the act of July 2, 1864, and other acts amendatory of said first-nained act, approved August 7, 1888 (25

Statutes at Large, 382; 1 Supp. to Rev. Stat. U. S. 602). An act to promote the safety of employees and travelers upon railroads by com

pelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes, approved March 2, 1893 (27 Statutes at Large, 531; 2 Supp. to Rev. Stat. U. S., 102), as amended by an act approved April 1, 1896 (29 Statutes at Large, 85; 2 Supp. to Rev. Stat.

U. S., 455). An act to amend an act entitled an act to promote the safety of employees and

travelers, and so forth, approved March 2, 1893, and amended April 1, 1896,

approved March 2, 1903 (32 Statutes at Large). An act requiring common carriers engaged in interstate commerce to make full

reports of all accidents to the Interstate Commerce Commission, approved March 3, 1901 (31 Statutes at Large, 1446).

AN ACT TO REGULATE COMMERCE.

Carriers and transportation subject to the act.

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 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.

What the terms "railroad " and "transportation" 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, agree. ment, or lease; and the term “transportation ” shall include all instrumentalities of shipment or carriage.

Charges must be reasonable and just.

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 charge for such service is prohibited and declared to be unlawful.

Unjust discrimination defined and forbidden.

§ 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.

Undue or unreasonable preference or advantage forbidden.

§ 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.

Facilities for 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 therewith, 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.

Long and short haul provision.

§ 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 of passengers or of like kind of property, under substantially 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 commission appointed under the provisions of this act, such common carrier may, in special cases, after investi. gation by the commission, be authorized to charge less for longer than 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.

Pooling of freights and division of earnings forbidden.

§ 5. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agree. ment, 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

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