Page:United States Statutes at Large Volume 44 Part 1.djvu/1665

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165%} _ 1 TITLE 49.+-1*12. (b) To the transmission of intelligence bi rrire or wireless wholly ;with.ln one State and not transmltteds to J or from a xoreignl country trod or to any place in the Unltecl States as aforesaid; or ‘ _ · t · A - - (e) To the transportation ot passengers or property by n earrler by water where such transportation would not be sub- . ject to the provisions of this chapter except for the fact that such carrier absorbs, out of its port-t0·port water rates or out or its Qpropbrtional, through rates, any switching, terminal, lighterage, car rental, trackage, handling, or other charges by, a rail `carrier for services within the switching, drayage, lighternge, or corporate limits of a port terminal or district, . · (3) Defl+niH0ns.—The term "-oommou carrier " as used- ln this chapter shall include all pipeyline companies; telegraph, telephone, and mole companies operating by_ w§`·e or wireless; express companies; sleeping-car companies; and all persons nsthral or . artihcial, engaged in such transportation. or transmission as aforesaid as common carriers Yfdr- hire. Whereyer the word " carrier " is used in this chapter it h—all be helé to mean “.common` `carrierfi The termc" railroad " ae. used ir this chapter shall include all bridges,. car floats! lighters, ami ferries used by or operated in connection · with any railroad and also all the road in use by any- oornmon carrier operating a- railroad, whether owned or. operated under a contract, agree mont, or lease, and also all switches, spurs, tracks, terminals and terminal facilities ot every. kind used. or necessary `iu the transportation of the persons or property designated herein ineluding all freight depots, yards, and grounds, used or neces sary in the transportation or dellréry of any? such property The- term i" transportation " as used in this- chapter shall in clude _ locdmotivm, ears, and other vehicles, yessels. and all in strumentalitles and '_iaé1uug8 of shipment or carriage; ‘- irre K spectlve ot ownership or ot any contract, erpress or implied for the thereof, and all services in connection with the re eeipt, delivery, elevation;. and transfer in transit, ventilation {refrigeration or icing, storage, and handling of property trans ported. The term " transmission ” as used in this chapte shall include the % transmission o£_ intelligence through the _ at plleatien o1‘ electriml`energy or other use ot_ electricity, whethe rb by means of wire, cable, radio apparatus, or other wire 9 wirelwsmconductors or appliancw, and all-"instrumentalltles an facilities for and in connection with the receipt, tion wording, and delivery ot inemagw, esmmunleanous, or othe lntelllgenee so transmitted, hereinafter also collectively calle messages, ‘ ,. ._ . ,_ s _ (4) Doty to furnish transportation establish. through — rootes; division of i0int_raies~.-—·—l-It shall be the —cluty` ot ever common carrier subject to this chapter, engaged in the tran: bportation ot on gers .· or property". to provldei ami turnis `such transportation me reasonnb1e_·reqnest theretor, and_t establish, through · routes and just and reasonable rata, (are: andoharges applicable thereto, ands to provide reasonable fscll ties for ope`ratins through routes and to make reasonable rule and regulations with respect. to the operation or through route - and providing f for reasonable compensation to, those `entitle thereto; and in case of joint rates, fares, or charges, to estal lish just, reasonable, and equitable divisions thereof- as b< tryeen the carriers subject to this chapter participating there! which shall not; unduly, nrefer or prejsdiee any oi such pa: ticipatins earriers. · ° · ° ' (5) Just ond reasonable one-rye: required} clossirlootioa ¢ messayes, and rote; ; exchange of eseétoioes.-——-e-·All eharges mai for any service rendered or to be rendered in the transport; tion of passengers or property or in the transmission, of -11 telligence by gvlre or wireless as aforesaid, or` in eonneotio - therewith, shall be Just and _ reasonable, and overs unjust ar: unreasonable charge for such serriee or any part mores; i prohibited and declared to be unlawful: Provided, That me

ANSPORTATION K"- § 1 sages by- wire or wireless subject to the provisions of this chapter may be classihed into dayanight, repeated, unrepcated, letter, commercial, press, Government, and such other classes as are just andreasonable, and dmerent rates may be charged for the diierent clhsscs of messages: Am! provided furgtor, ~ a That nothing in this chapter shall be construed to prevent telephone, telegraphh and cable, companles·§from· entering into ,_ -

contractswith common carriers for the exchange of services. I ‘

» _ (6) Glassiilcation of property for transportation; regulo· - Mons and pmctwes.—It is marie the duty of all common car- · riers subject to the provisions of this chapter to establish, ohl serve, and enforce just and reasonable classihcations of prop- L e1‘ty` forntransportation, with reference to` which rates, tariEs, . regulations, or practices are or may be made or prescribed, i and just, andircasonable`. regulations and ipractices affecting . classlncations, irates, or tarins, the issuance, form, and sub- · stance of· tickets, receipts, and bills of lading, the manner and F method of presenting, marking, packing, and delivering apropl erty, for transportation, the facilities for transportation, the l carrying of personal, sample, and excess baggage, anu all other l ·matters. relating to or connected; with the receiving, handling, » transporting, St01°iIlg',I,&I1d delivery of- property subject to the { provisions of this chapter 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 B. chapter. upon just and reasonable terms, and every unjust and L, unreasonable classification, regulation, and practice is `pro· »- mmteq suoliecxarea to he mineral. - ~, o

 (7) Free transportation for poaseaécrs. prohibited ;_l"e.reop-

" tions ;_ penalty.;-»N0 common carrier subject to the provisions of " this chapter, shall, directly or indirectly, issue or glee ani interf state free ticket, free pass, or free transportation for passen-

  • ¥. gers, except to its employees and their fan1i1ies,_Vits. otncers, ·

" agents, surgeo¤$» Physicians, and attorneys at law; tominlsters '• , ot religion, traréling secretaries of railroad Young ‘?Men’sChrls~ °’, ti9¤ ASSO¢lati0¤8; inmatm of hospitals and charitable and elee- ” xnosynary institutions, and persons exclusively engagedln chori- '” table and eleernosynaryé work; to indigent, destitute and home- ' Ima persons; and to such persons when transported by chari- ' table societies or hospitals, and the necessary agents employed d In ésuch transportation; to inmates of the National _-Homes or — "— State Homes for Disabled Volunteer Soldiers, and of Soldiers "*` and Sallors’ Homes, including them about to enter ancl, those d returning home after discharge; to necessary caretakers of licet stock, poultry, milk, and fruit; to employees. on sleeping cars, h express carshand to lineman of telegraph and telephone com- Y panics; to Railway Mail Service ernployeesy post-·o$ce in- ,- g? spectors, customs inspectors, and ixmnigration inspectors; to h newshoys out trains, baggage agents, witnesses: attending any Y° legal investigation ln; which the comrnon carrier his interested, S· persons injured in wreeks and physicians and nurses attending 1* such persons: Promised, That this: provision shall not be con-

  • 5 strned to prohibit the interchange or posses, for the ohicers,

$·r agents, and employees or common carriers, and their tamilieszlr Ki nor to [prohibit any common carrier from carrying passengers b· tree with jghé object of providing relief in cases ot. general epi- 8- demic; ~P¢Slilence, or other calamltons vlsitationi And mottled ·“l fW’Ul»¤’. That this provision shall not be_ construed to prohibit- F·> the privilege of passes or franks, or the exchange thereof with. each other, for the ohiicers, agentshernployees, and their families if of such telegraph, telephone, and cable lines, land the officers, le , agenfga, employeesland their `familiesof other cornmon carrLe`rs a> subject to the provisions otpthis chapter: P:*o·video! further, ·

1- That theiterm ‘,‘ employees li as used in this pamgrap11 elmll _

rn lnclucle furloughed, pensioned, and Fsuporanmzated employees, ncl persons who have become disabled or infirm in the service or la any such common carrier, and the remains of person killed in as- the employment oi a carrier and cxcnzpioyoet traveling for the