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The Columbia University Libraries reserve the right to refuse to accept a copying order if, in its judgement, fulfillment of the order would involve violation of the copyright law. Author: Pennsylvania. Laws, statutes, etc. Title: Bills relating to railroad discrimination Place: Harrisburg Date : 1887 RESTRICTIONS ON USE: FILM SIZE: 3s^ (^ MASTER NEGATIVE # COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DIVISION BIBLIOGRAPHIC MICROFORM TARGET ORIGINAL MATERIAL AS FILMED - EXISTING BIBLIOGRAPHIC RECORD Bxisiness D530.7 P384 1 Pennsylvania, Laws, statutes, etc. Bills relating to railroad discrimination, pub. under authority of concurrent resolution of Senate and House of representatives, Harrisburg,- Pa., Feb., 1887. Harrisburg, E. K. Meyers, state printer, 1887. 42 p. 1. Railroads - Pennsylvania 2. Railroads - U. S. - Rates. Laws, statutes, ^ <>tr. - Rates. I. U. S. 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S Vis «liELsJtesii!httSiji,iii ■;:iiMiiLfe-sL-\jlj4»i' Wt ■.#«««*»iit^m^*«*«fi^i:fe«At»*S««dl*l».aa^^ ■ #5ri' ^"^i: I BILLS RELATING TO Railroad Discrimination Kpt* f\. ,"i* '•'» Published under Authority of Concurrent Resolution of Senate AND House of Representatives, Harrisburg, Pa., February, 1887. No. 1- 2- 3- BILLS. -Introduced by Mr. Watres in Senate. -Introduced by Mr. DraTO in House of Representatives. -Passed by United States Senate in 1886 and commonly known as "The Cullom Bill.^' -Inter-State Commerce Bill (ccnlerence rcjiort approved by Congress.) '-i HARRISBURG: EDWIN K. MEYERS, STATE PRINTER. 1887. -K . ■■. j^/j .Kii-K^i^^^''"'' "*By&^^w''w^^^'^'^^v^' if-. \ ^ '1 I'. *i V ' ^ c F) t ^i, 1 1 t V- I ' »^*' ^i] M&r'^. CQ in en CO INDEX I'n^, No. of bill. BANKING, 2 CANAL, control of not to be obtained by railroad, 2 to be public hijjjhway, . . 2 CIVIL REMEDIES, dama.res 1,2,3,4 by quo ivarranto. ... . . 2 by niandaraus, injunction, attachment, and execution, 2,3,4 conns to dispose of within ninety da\'S by, 2 test^non^^ \ 2 4 findings of commission, ... . . 2,3,4 dismissal of complaint, ... . 2,3,4 appeal, ^ . . 2,3,4 Attorney General to prosecute civilly. 2 option of shipper to make complaint to commission or to bring suit. . . 4 no abridgment of e.Kisting remedies, 1, 3,4 COMMISSION, duties and powers of, 2,3,4 creation of. . . . . . . 2,3,4 to inquire into the management of the business of all common carriers 2,3,4 testimony before 2,3,4 contempt for failure to obey subpoena of, . . 2,3,4 ac ion of, upon omplalnt, ' , ... 2,3,4 findings to be />r?ma Atcic evidence, . . . . 2,3,4 findings to bo G )nclusive. . .... 2 report of investigation of complaint 2,3,4 procedureof. in case of satisfaction of complaint, 2,3,4 procedure of, in case of failure to satisfy com- plj^int " . . 2,3,4 organization of, .... 3,4 salaries, . . . . 2,3,4 ofHces of 2,3,4 expenses. • 2,3,4 to prosecute any inquiry necessary to its duties into any matter or question of fact pertaining to tlie business of a common carrier, . , 2,3,4 annual reports from common carriers, . . . 2,3,4 to prescribe uniformity of accounts 2,3,4 report of, 2,3,4 appropriation to. . ... 2,3,4 to prescribe measure of publicity of rates, . . . 2,3,4 appeal from. " ... 2,3,4 to (jispose of cases within ninety days, .... 2 dismissal of complaint, ' ". . . . 2,3,4 to make classifications of freiarht, ..... 2 costsof, imposed upon railroads 2 CONSOLinVTIOy, prohibiied, ... . . 2 CONSTITUTION, enforcpment of, ' ' 2 CORPORATION.S, defined. . . .2 foreign, to have place of busines«j in State, .' 2 CRIMINAL, penalties. .... . . 1,2,3,4 imprisonment, , . . ..... 1,2 attorney general to prosecute criminally, .... 2 DISCRIMINATION, no undue or unreasonible, .\ . . . 1,2 by drawback prohibited. 1,2,3,4 undue or unreasonable preference or ad- vantage prohibited. ... 3,4 in facilities for interchange of traffic, . . 2,3,4 at terminals, 2.3.4 EXEMPTION, 1, 3,4 No. of page. 10 20 U 13 13,24-27-39 13 13, 30 13,26,38 13,26,37 13,16,28,40 20 36 7-30-42 16-25-36 16,25,36 18-25-37 13,17-25-37 17-25-37 17-20-37 13-26-33 13 17-26-38 18,26-38 18,27-39 28-40 18,29-40 19-29-41 19-29-41 18-29-41. 19-29-41 19-30-41 19-30-42 30-42 15-23-34 13-28-40 17 17-26-37 19 20 11 12 11 10 7-15-24-36 7-15 20 5-11 5-12-21-32 22-32 11-22-32 14-15-22-32 8-30-42 \\^ '■■^f '■■/ '■''^•^ No. of bill. FREE PASSES, prohibition of, 2,3,4 exchange of, 3,4 LONG AND SHORT HAUL, 1,2,3,4 suspension of, . 3,4 POOLING, prohibited, 2, 4 to be inquired into, 3 PUBLICITY OF RATES 1,2,3,4 changes of schedule, . . 1,'2,3,4 posting of names of responsible per- sons, 1 tiling of schedules and contracts, 1,2,3,4 rates on small articles at terminals, 2 joint tarifls of rates, 1,2,3,4 extent of publicity, . . 1,2,3,4 rates on shipments through a for- eign country, 3,4 RAILROAD, defined 2,3,4 included within terms of act, .... ... 3,4 company not to engage in other business 2 supplies to 2 To pav costs of commission, 2 SECRETARY OF INTERNAL AFFAIRS.powersanddutiesof, 2 SHIPMENT, continuous carriage defined, 3,4 STOCK, fictitious increase, 2 STREET RMLWAYS. 2 SUPPLIES TO RMLROADS, 2 TELEGRAPH COMPANIES 2 TIME TO GO INTO EFFKCT, 2, 4 TRANSPORTATION, defined, 2,3,4 VENUE, 1 No. of page. 12-'Z3-42 23-42 5-11-22-32 22-33 13-33 30 5-14-23-33 6_) 4-23-33 6 7-14-23-34-35 14 7-15-23-34 5-15-22-34 24-33 11-15-21-31 21-31 12 12 20 12 24-35 10 12 12 10 20-42 15-21-31 7 P \ rc/,-^. .- t ^V>. tjT ?.' , fi U ' 1 ^' * % *• \t W ' !*''l •* 1 iK*«ly ^^LJMm.'*'' iti^aE//.'i'. i No. 1. Bill introilvced hy Mr. WatrPK in StatP Srtiate. 8kc. 1. Skc. 2. Sec. 3. Prohibltlnjr unjust discrimination— short hanl clanse. [Copy of Sec. 3 of Art. XVII of State nstitution. ] Proliibitinjf discriniination by drawbacks. [Copy of Sec. 7 of Art. XVII of State Constitution.] Publicity of rates. Change of scliedule. Posting of names. Filinj? of contract. Sec. 4. Civil remedy. Damapes for over-charges. Joint tariffs. Sec. 5. Criminal penalties. Imprisonment. Sec. 6. Venue. Skc. 7. Exemption. AN ACT To carry into effect the provisions of the third and seventh sections of Article XVII of the Constitution of this Commonwealth, and to provide penalties for the violation thereof. Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylcania, in General Assembly met, and it is hereby enacted try the authority of the same. That all individuals, associations, and corporations shall have equal right to have persons and property transported over railroads and canals, and no un- due or unreasonable discrimination shall be made in charges for, or in facilities for, transportation of freight or passen- gers within this State, or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant sta- tion; but excursion and commutation tickets may be issued at special rates. Section 2. No discrimination in charges or facilities for transportation shall be made between transportation com- panies and individuals, or in favor of either, by abatement, drawback or otherwise, and no railroad or canal company, or any lessee, manager, or employe thereof, shall make any preferences in furnishing cars or motive power. Section 3. That each railroad or canal company shall adopt, and at each depot where freights are receipted or de- livered, and at each point of connection with other railroads or canals, shall keep posted for public inspection in at least two places, and in such form that they can be conveniently inspected, schedules which shall plainly state — First. The different kinds and classes of freights to be carried therefrom. Second. The different places within the State to which such freights shall be carried. Third. The conditions under which allowances or advan- tages in any form may be granted upon shipments made or services rendered. Sec. 3. Art. XVII, State Constitution. No undue or un- reasonable discrimination. Long and short haul. Sec. 7, Art. XVII, State Constitution. No discrimination by drawback. Publication of rates by schedule. if ^ i ^w^<. •fi'^mwwr'^^^y'^ ^-^iiiiCSiiii W*.^-7.,f-WWs.<'. r'=^_ .•■«ri V .#-. IM '*■: ■^it * - - fal/ . Changes of BcheduU'Sofratefe. Posting of names of persons respon- sible fur t e pr. p- arati«>n, posting, and enforcement of publislied rates. Posting of names of persons respon- t-ible for car supply. Fourth. The charges for moviag or carrying from the particiUar depot, or point of connection at which the said schedule shall be posted to places within this State, and the charges for handling, receiving, storing, shifting, or deliv- ering of freight at said depot, or point of connection. And the bill for the services aforesaid shall show what part of the charges is for moving or carrying, and what part is for the other facilities or services enumerated as aforesaid. Such schedules may be changed from time to time as here- inafter provided, but no such schedule shall be changed in any particular, except by the substitution of another schedule containingthespecitications above required,which substituted schedule shall plainly state the time when it shall go into effect, and copies of which, prepared as aforesaid, shall be posted as above provided, at least two days before the same shall go into effect, and the same shall remain in full force until another schedule shall, as aforesaid, be substituted. The said schedule shall avoid undue and unreasonable discriminations, and it shall be unlawful for a railroad or canal company to charge or receive more or less compen- sation for services rendered than shall be specified in said schedules: Proridcd, That reductions in the published rates, fares, or charges required by said schedule may be made without previous public notice: but whenever any such re- duction is made, notice of the same shall immediately be publicly posted, and the changes made shall injmediately be made public by the issue of new schedules, or shall immediately be plainly indicated upon the said schedules at the timein force, the hour of such change being plainly stated on said schedules. Fifth. In addition to and directly below each schedule posted as aforesaid, there shall be conspicuously posted the name or names and official designation of the person or persons who shall be authorized and empowered to prepare or issue said schedule, and who shall be responsible for said preparation or issue, also the name or names and official designation of the person or persons whose duty it shall be to post said schedules, and the name or names and offi- cial (lesignation of the ])erson or persons whose duty it shall be to charge or receive compensation in ])ehalf of said railroad or canal company for services rendered; and no schedule shall be complete or valid within the meaning of this act unless said name or names shall be posted as afore- said. Siaih. On the first day of each month announcement shall be posted by each railroad or canal com})any at its principal office in this State of the name or names and otH- cial designation of the person or persons who shall be re- sponsible during the ensuing month for the furnishing of cars, and of the place or ])laces at which said person or per- sons shall be located for the distribution of said cars; and the records of said furnishing and distribution shall at all times be accessible to the public at the place or places where said person or persons shall be located Seventh. It shall be the duty of each railroad or canal Fiimg of schedules .1 ■ 1 ' /•! T -^1 j^i o X * of rales and company to file or cause to be filed with the Secretary or contracts. Internal Affairs of the Commonwealth of Pennsylvania, a copy of each schedule, posted as required in this section, and said filing shall be done within fifteen days after post- ing as aforesaid, and it shall be the duty of the said Secre- tary of Internal Afi'airs to file and preserve the same as a part of the record of his office. Every such railroad or canal company shall also file with said Secretary of Internal Aff"airs, copies of all contracts, agreements or aiTangements with other railroad or canal companies to which it may be a party in relation to any service which may be aff'ected by the provisions of this act. Section 4. Any railroad or canal company making any Damages for overcharges for services rendered as enumerated in this act overcharges, shall for each overcharge be liable to pay to the ]^arty thus overcharged a sum equal to three times the entire charges thus made, and for each violation of any other provision of this act be liable to the party injured for damages treble the amount of injury suffered. In actions brought as afore- said, damages sustained in the i)eriod of a year or part of a year may be declared upon or complained of generally and as one separate cause of action, and so, whether such damages be sustained in one calendar year or different years, and each separate cause of action may be joined in one action; but nothing contained in this act shall be con- strued to exempt any railroad or canal com})any from any duty, liability, or penalty imposed by law : Provided, That no railroad or canal company which may be a party to a joint tariff' of rates, or joint schedule of diarges, shall be J;Vm-'of'ra"ei?^°* liable for the failure of any other railroad or canal com- pany to observe and adhere to the aforesaid joint tariff' or joint schedule. Section 5. Any director or officer of any railroad or canal company, or any receiver or trustee or lessee thereof, or any agent or employ^ of any company, receiver, trustee, lessee, or person aforesaid, or one of them alone or with any other corporation, company person or party aforesaid, who shall willfully charge or receive more or less compensa- tion for services rendered, than shall be specified in the posted schedule provided for in section three of this act, or who shall neglect or refuse to post said schedule when re- quired so to do, or who shall prepare or issue for posting, a schedule which shall not conform to the requirements of this act, or who shall unjustly or unreasonably discriminate in the furnishing or distribution of cars, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than 12,000 and be liable to an imprisonment not imprisonment exceeding ten days, for each and every offense: Provided, That any agent or employ^ employed in any capacity by any company as aforesaid, who may, in discharging his duties, be governed by the said schedule, shall not be liable to action or prosecution under this act. Section. 6. That for the purpose of this act the venue Venue. Criminal penalties for violation of Sec. 3. ^m V ■-''I \% l)ia j^fw^^mr^m^ ■fr-f^fy"""-* "' ^^\^i^, ■•y'.':''-^Vff if ■ ■'^i-'^Tw'^ *'-::**?f^>sj?»*'*'''-"^';»:f:«S'Sv ft i ■i -• _ ' I'^'ftH fe :. »\T ■;#*? Exemption. for the institution of anv suit or action at law to recover any damage for the violation of any of the provisions thereof, or any prosecution for unjust or unreasonable discrimi- nation under this act, shall be at the option of the plain- tiff or plaintiffs, prosecutor or prosecutors in any county in which the person or persons or property discriminated against shall have been received for transportation, or shall have been delivered after such transportation, or in any county through which such person or persons or property shall have been actually conveyed or transported : Provided^ That any prosecu tion for neglect or refusal to post the schedule provided for in section three of this act, shall be in the county where said neerlect or refusal shall have occurrpd: Provided further, That nothing in this act contained shall be construed to effect the laws of this Commonwealth relating to change of venue. Section 7. That nothing in this act contained shall be so construed to prevent property of or for the United States or this Commonwealth, or for purely charitable purposes, or for public exhibitions or public fairs, from being carried or transported at lower rates than for the general public. Section 8. Ail acts or parts of acts inconsistent here- with are hereby repealed. No. -2 Bill introduced in House of Representatives by Mr. Dravo. ARTICLE XVI. 1. 2. 3. 4. 6. C. Unused charters to be void. No existing charter to be validated or amended except upon condition that It be held su»)ject to the Constitution. Right of eminent domain not to be abridged or police power limited. The free vote in stocfehoider elections. Foreign corporations to have place of business in the State. Corporations not to engage In bnslness unau- thorized by their charters. 7. The fictitious Increase of stock or bonds for- bidden. 8. Taking or Injury of private property — appeals from assessment of damage. 9. Rank notes or bills to be secured. 10. Repeal or alteration of charters authorized. 11. Notice of bills to create banks. 12. Telegraph companies. 13. The word "corporations defined. ARTIOLP] XYII. s. Railroads and canals public highways, and railroad and canal companies common car- riers — railroads may be constructed and con- nected. Railroad and canal companies to keep offices in this State. Discriminations In charges for freight and pas- sengers forbidden. Cons.lldatlon with competing companies pro- hibited. Common carrier companies not to engage in other business. Officers and employees of any railroad or canal company not to furnish supplies to, or be in- 7. 8. 9. 10. 11. 12. terested In transportation upon the works of such company. No discrimination In charges to transporters. Free passes on railroads prohibited. No c >n8tructlon of street railways without consent of local authorities. Acceptance of this article by companies. Duties and powers of Secretary of Internal Atfilrs as to railroad, canal, and other trans- portation companies. Legislation to enforce this article. iX-':^ ''.^■^^!iiJ&M hll)ited. SEC. Sec. 3. Postinjf of rates. Terminals. SEC. Changes In rates. • Rates to be adhered to. Sec. Charges to be reasonable and just. Filing of schedules of rates and contracts. Joint tariffs of rates. Measrure of publicity of joint tariffs to be Sec. prescribed by commission. SEC. The terms "railroad ■' and "transporta- Sec. tlon " defined. Sec. Terminals. Sec. 4. Criminal penalties. Imprisonment. Sec, Skc. 5. Creation of commission. Commission to Inquire into the manage- ment of the business of all common car- riers. Powers of. Appeal. Testimony, Commission to dispose of cases within ninety days. Action upon comp'alnt to commission. Oismlssal of complaint. Report of investigation of complaint. Commission to make any Inciulry It may see fit. Procedure In case of satisfaction of com- plaint. Salaries. « •flices of commission and expenses. Annual reports from carriers. Uniformity of accounts. Commission to make classifications of freight. Report of commission. To go into effect. Railroads not to obtain control of canals. Attorney General to prosecute civilly and criminally. 16. Costs of commission Imposed upon rail- roads. 8. 9. 10. 11 12, 13. 14. 15. AN ACT To enforce articles sixteen and seventeen of the Constiution. Section 1, Be it enacted by the Senate and Hou^e of Representatires of the Commonwealth of Pe)nisylraiiia, in General Assembly met, and it is hereby enacted by- the au- thority of the same, That, in order to enforce articles six- teen and seventeen, of the Constitution, which reads as fol- lows : ARTICLE XVI. PRIVATE CORPORATIONS. "Section 1. All existing charters, or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place, and business been commenced in good faith, at the time of the adoption of this Constitu- tion, shall thereafter have no validity. " Section 2. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter, or amend the same, or pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitu- tion " Section 3. The exercise of the right of eminent domain shall never be abridged, or so construed, as to prevent the General Assembly from taking property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals, and the exercise of the police power of the State shall never be abridged, or so construed, as to permit corporations to conduct their busi- ness in such manner as to infringe the equal rights of in- dividuals, or the general well being of the State. " Section 4. In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer. Unused charters to be void. No existing charter to be val- idated or amended except upon condi- tion that it be held subject to the Constitution. Right of eminent domain not to be abridged or police power limited. The free vote In stockholder elections. ■.^^4 L:. I Vt ^ IT V. \\V ^ ■ % "^•A A. '^^i Il#^. PJ'T '^. ; I 1 Foreign corpora- tions to have plares of business iu the State. Corporations not to engage iu business unauthor- ized by their charters. Fictitious increase of slock or bonds forbidden. Taking or Injury of private property. Appeals from a^sesbuient of damage. Banti notes or bills to be secured. Repeal or altera- tion of charters authorized. Notice of bills to create bankb. Telegraph com- panies. 10 "Section T). No foreign corporation shall do any business in this State without having one or more known places of business, and an authorized agent, or agents, in the same, upon whom process may be served. "Section 0. No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take, or hold any real estate, except such as may be ne- cessary and proper for its legitimate business. " Sectii.n 7. No corporation shall issue stocks or bonds except for money labor done, or money, or property ac- tually received, and all fictitious increase of stock or in- debtedness shall be void. The stock and indebtedness of corporations shall not be increased, except in pursuance of general law, nor without the consent of the persons hold- ing the larger amount in value of the stocks lirst obtained at a meeting to be held after sixty days' notice, to be given in pursuance of law. " Section 8. Municipal and other corporations and in- dividuals invested with the privilege of taking private prop- erty for public use, shall make just compensation for prop- erty taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid, or secured before such takino:, injurv, or destruction. The General Assemblv is herel)y prohibited from depriving any person of an appeal from anv preliminarv assessment of damaofes acjainst any such corporations or individuals made by viewers or other- wise, and the amount of such damages, in all cases of ap- peal, shall on the demand of either })aity be determined by a jury according to the course of the common law. "Section 9. Every banking law shall provide for the re- gistry and countersigning by an ollficer of the State of all notes or bills designed for circulation, and that ample security, to the full amount thereof, shall be deposited with the auditor general for the redemption of such notes or bills. "Section 10. The general assembly shall have the power to alter, revoke, or annul any charter of incorporation now existing and revokable at the adoption of this constitution, or any that may hereafter ])e created, whenever, in their opinion, it may be injurious to the citizens of this com- monwealth, in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted shall create, renew, or extend the charter of more than one cor- poration. "Section 1 1. No corporate body to possess ])anking and discounting privileges shall be created or organized in ])nr- suance of any law, without three months' previous public notice at the place of the intended location, of the intention to apply for such privileges, in such manner as shall be prescribed by law, nor shall a charter for such privilege be granted for a longer period than twenty years. "Section 12. Any association or corporation organized for the purpose, or any individual, shall have the right to ] 11 construct and maintain lines of telegraph within this state and to connect the same w^ith other lines, and the General Assembly shall, by general law of uniform operation, pro- vide reasonable regulations to give full effect to this sec- tion. No telegraph company shall consolidate wath or hold a controlling interest in the stock or bonds of any other tel- egraph company owning a competing line, or acquire by purchase or otherwise any competing line of telegraph. "Section 18. The term 'corporations' as used in this article shall be construed to include all joint stock compa- nies or associations, having any of the powers or privileges of corporations, not possessed by individuals or partner- ships." ARTICLE XYII. railroads and canals. "Section 1. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. Any association or corporation organ- ized for the purpose, shall have the right to construct and operate a railroad between any points within this state and to connect at the state line with railroads of other states. Every railroad company shall have the right, with its road, to intersect, connect with, or cross any other railroad and shall receive and transport each the other's passengers, tonnage, and cars loaded or empty, without delay or dis- crimination. "Section 2. Every railroad and canal corporation organ- ized in this state, shall maintain an ofiice therein, where transfers of its stock shall be made and where its books shall be kept for inspection by any stockholder or creditor of such corporation, in which shall be recorded the amount of capital stock subscribed or paid in. and by whom the names of the owners of its stock and the amounts owned by them respectively, the transfers of said stock and the names and places of residence of its officers. " Section 8. All individuals, associations, and corpora- tions shall have equal right to have persons and property transported over railroads and canals, and no undue or unreasonable disci imi nation shall be made in charges for or in facilities for transportation of freight or pas- sengers within the state, or coming from or going to any other state. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station, but excursion and commutation tickets may be issued at special rates. "Section 4 No railroad, canal or other corporation, or the lessees, purchasers or managers of any railroad or canal corporation, shall consolidate the stock, property or franchises of such corporation with, or lease or purchase the works or franchises of, or in any way control, any other railroad or canal corporation owning or having under its control a paral- Theword "corpo- rations" defined. Railroads and canals public high- ways and railroad and canal com- panies common carriers. Railroad and canal companies to keep offices in this State. Discrimination in charges forbidden. ConsolidaUon with competing com- panies forbidden. ii '. '2 [Ml "A ■tfi ,^'»S^S^^ ^JTTTr^X M"¥j?t_y» ,s ,_n^ff|*f«^?^r' S^wJ**^*** ^«=c^ ;'»/5i-'**-nfi»r4s«r^^r«T**sssi»*: "Z'i* i "^^ -:\ ¥^ U^ ■> ' 01 Common carrier companies not to enirage In other business. Officers and em- ployees not to furnish supplies. Discrimination by drawbacks pro- hibited. Free passes. Street railways. Acceptance of article by com- panies. Duties and powers of Secietary of Internal Affairs. Appropriate legis- lation. f .. 12 lei or competing line; nor shall any Officer of such railroad or canal corporation act as an officer of any other railroad or canal corporation owning or having control of a parallel or competing line; and the question whether railroads or canals are parallel or competing lines shall when demanded by the party complainant be decided by a jury as in other civil issues. "Section 5. No incorporated company doing the busi- ness of common carrier shall, directly or indirectly, prosecute or engage in mining or manufacturing articles for trans- portation over its works; nor shall such company, directly or indirectly, engage in any other business than that of com- mon carriers, or hold or accjuire lands, freehold or leasehold, directly or indirectly, except such as shall be necessary for carrying on its business; but any raining or manufacturing company may carry the products of its mines and manu- factories on its railroad or canal not exceeding Hfty miles in length. " Section (). No president, director, officer, agent or em- ploy6 of any railroad or canal company shall be interested, directly or indirectly, in the furnishing of material or sup- plies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company. " Section 7. No discrimination in charges or facilities for transportation shall be made between transportation com- panies and individuals, or in favor of either, by abatement, drawback or otherwise; and no railroad or canal company or any lessee, manager or employ^, thereof, shall make any preferences in furnishing cars or motive power. " Section (S. No railroad, railway or other transportation company shall grant free passes or passes at a discount to any person except officers or employes of the company. " Section {). No street passenger railway shall be con- structed within the limits of any city, borough or township without the consent of its local authorities. '• Section 10. No railroad, canal or other transportation company in existence at the time of the adoption of this article shall have the benefit of any future legislation by general or special laws, except on condition of complete ac- ceptance of all the provisions of this article. "Section 11. The existing powers and duties of the Auditor General in regard to railroads, canals and other transportation companies, except as to their accounts, are hereby transferred to the Secretary of Internal Affairs, who shall have a general supervision over them, subject to such regulations and alterations as shall be provided by law, and in addition to the annual reports now required to be made, said Secretary may retpiire special reports at any time upon any subject relating to the business of said companies from any officer or officers thereof. "Section 12. The general assembly shall enforce by ap- propriate legislation the provisions of this article. "The several courts of this commonwealth shall, in ad- W^mi^AMlJ^^^ ^fki-A ' ■:> i/M* .,i,>- ? ; ;■ ' J.iLl'iyi^ii ''?«P»^|Caipr^;-^ ^^WsW**"' 13 dition to the remedies which now are or may hereafter be given by law, have full power by quo ivarrartio, mandamus injunction and attachment to enforce every provision of articles sixteen and seventeen of the constitution, at the suit of the commonwealth, at the relation of the railway commissioners hereinafter provided for, or of the attorney general, or of any district attorney, (who shall therein be subject to the supervision and control of the attorney gen- eral,) or of any person, firm, corporation, or association, or any' mercantile, agricultural, or manufacturing society, or any body politic or municipal organization claiming to be injuriously affected by any act or neglect contrary to the provisions of the said articles sixteen and seventeen of the constitution. The courts shall make all orders necessary to the prompt disposition of such cases, and shall dispose of them within ninety days after the same are at issue. The court shall ascertain the damage sustained by any party to the said proceedings, and shall give judgment therefor. The claim that any testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person in the trial of any criminal or other legal proceeding. No action shall be at any time dismissed because of the absence of direct damage to the relator. "In any proceedings against any common carrier, under this or any other act of assembly now in force, or which may hereafter be enacted, the findings of the railway commission hereinafter provided for shall be conclusive in all actions, except for damages to individuals, and, in such cases, said findings shall be prima facie evidence. "Any testimony taken before said commission may in any proceeding be used as evidence as to all parties who were parties to the proceeding before the commission, and the complainant may demand a jury trial. Complainant's costs therein shall include all outlays which the court shall find to have been necessary for the proper presentation of the cases, together with a reasonable attorney's fee, all of which shall be taxed and paid under the direction of the court. The final judgment of the common pleas shall be subject to review by the supreme court upon the appellant entering such security as shall be approved by the court of common pleas, suffici'ent in amount to protect the appellee from all loss by reason of the pendency of such appeal, which shall not' be a -supersedeas, except by special allow- ance by a justice of the supreme court for reasons assigned by him in writing, and upon notice to the commission." Section 2. That it shall be unlawful for any common carrier to enter into any contract, agreement or combination with any other common carrier or carriers, for the pooling of freights of difterent and competing railroads or canals, or to divide between them the aggregate or net proceeds of the earnings of such railroads or canals, or any portion thereof, and in any case of an agreement for the pooling of Courts empowered to enforce by quo warranto man- damus Injunction and attachment. Courts to dispose of cases within ninety days. Testimony of witnesses. Dismissal of complaint. Findings of com- roission concluslTe in all actions ex- cept for damages to individuals, and In such cases 2>ri ma facie evidence. Testimony. Appeal. Pooling prohib- ited. yi^^ ::x? ^nl I il-c F mf^^^W%r iw^^W>^m mm'^ -if^m\ pi P^ If *^ a r J. Posting of rales. %.H «-i ft % ■*" ., \ ■ %# 15 ' Terminals. Changes In rates. 14 freights as aforesaid, each day of its continuaDce shall be deemed a separate offense. Section 8. That every common carrier shall, under the direction of the commission, print and keep for public in- spection schedules showing the rates and fares and charges for the trans})ortation of passengers and property whTch any such common earner has established, and which are in force at the time upon its railroad or canal. The schedules printed as aforesaid by any such common carrier, shall plainly state the places upon its railroad or canal, between which property and passenger will be carried, and shall contain the classification of freight in force upon such rail- road or canal, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect or determine any part of the aggregate of such aforesaid rates and fares aiid charges. Such schedules shall be plainly printed in large type of at least the size of ordinary pica and copies for the use of the public shall be kept in every depot or station, upon any such railroad or canal, in such places and in such form* that thev can be conveniently inspected: Provided, That special 'terminal charges necessary on single pieces of freight weighing one ton and upwards need not be published or posted. No advance shall be made in the rates, fares, and charges which have been established and published as aforesaid 1)y any common earner, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the in- creased rates, fares, or charges will go into effect, and the proposed changes shall be shown by printing new schedules, lieductions in such published rates, fares, or charges may be made without previous public notice, but wiienever any such reduction is made, notice of the same shall immedi- ately be publicly posted, and ihe changes made shall imme- diately be made i)ublic by [)rinting new schedules. And when any such common carrier shall have established and published its rates, fares, and charges in compliance with the provisions of this section, it shall be unlawful for such common can-ier to charge, demand, collect, or receive from any i)erson or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection therpwith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force. But this act 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. All charges made for any service rendered or to be ren- dered in the transportation of i)assengers or property, or in connection therewith, or for the receiving, delivering.' stor- age, 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. Filing of schedules Every common carrier shall file with the commission Rates to be adhered to. Charges to he reasonable and just. 15 hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and pub- lished in compliance with 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 all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this act, to which it may be a party. And in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers oper- ating such lines or routes establish joint tariff's of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said commission. Such joint rates, fares, and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers when directed by said commission, in so far as may, in the judgment of the com- mission, be deemed practicable, and said commission shall from time to time prescribe the measure of publicity which shall be given to such rates, fares, and charges, or to such part of them as it may deem it practicable for such common carriers to i)ublish, and the places in which they shall be published, but no common carrier, party to any such joint tariff', shall be liable for the failure of any other common carrier, party thereto, to observe and adhere to the rates, fares, or charges thus made and published. 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'' shall include all instrumentalities of shipment or carriage. But this shall not be construed as requiring any such com- mon carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business. Section 4. That any common carrier, or whenever such common carrier is a corporation any director or officer thereof, or any receiver, trustee, or lessee, or person, or persons who make rates, or manage the aff'airs of a common carrier, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall willingly suff'er, or permit to be done, any act, matter, or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall w^illfuUy omit or fail to do any act, matter, or thing in this act required to be done, or shall cause, or willingly suff'er, or permit any act, matter, or thing so directed or rec^uired by this act to be done, or not to be done, or shall aid or abet any such omis- sion or failure, or shall be gnilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be subject to a fine of not to exceed five thousand dollars for each offense. If in any such prosecution the jury find specially that in of rates and con- tracts. Joint lariflf of rates. Meabure of pub- licUy of jt)iut tariffs to be pre- scribed by com- mission. The terms " rall- rojid '"'and "■transportation " defined. Terminals. Criminal penalties. \-m J i-'iS^i^ .M^^^i: t^fm'eifmim'^^ m^^^^^ '■'^^r*?i*' m^^^^mm^m 4 ^4' H * ' . , - \ pi fj "i'i Imprisonment. Creation of commission. Commission to Inquire into llie management of the business of all common carriers. Testimony. Appeal. IE '1 -f * the commission of such misdemeaaor any person was will- fully injured, who was or had been a party to any proceed- ing in court, or before the commission against the defend- ant, or the common carrier, of which he, the defendant, is or was an officer, or employ 6, then, in addition to a fine, the court shall imprison the defendant for a term not exceeding two years. Section 5. That a commission is hereby created and established to be known as the railroad commission, which shall be composed of five commissioners who shall be ap- pointed by the governor, by and with the advice and con- sent of the Senate. The commissioners first appointed under this act shall continue in office for the term of two, three, and four years respectively from the first day of July, Anno Domino one thousand eight hundred and eighty- seven, the term of each to be designated by the governor, but their successors shall be appointed for terms of four years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired time of the commissioner whom he shall succeed. Any commissioner may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office. Not more than three of the commissioners shall be appointed from the same political party. No person in the employ of, or holding any official relation to, any common carrier, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein shall enter upon the duties of, or hold such office. Said commissioners shall not engage in any other business vocation or employment. No vacancy in the commission shall impair the right of the re- maining commissioners to exercise all the powers of the commission. Section 6. That the commission hereby created shall have authority to inquire into the management of the busi- ness of all common carriers, and shall keep itself informed as to the manner and method in which the same is con- ducted, and shall have the right to obtain from such common carriers, full and complete information necessary to enable the commission to perform the duties and carry out the ob- jects for which it was created, and for the purposes of this act, the commission shall have power to re(|uire the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relat- ing to any matter under investigation, and to that end may issue subpoenas requiring the attendance and testimony of witnesses and the production of books, papers, and docu- ments under the provisions of this section, and may enforce its orders herein by attachment. Any person claiming to be injured by the issuing of an attachment may have the same inquired into summarily, but upon notice to the commission by any law judge who may, pending said inquiry, admit the petitioner to l)ail. Both the petitioner and the commission may appeal to the court in banc and to the Supreme Court from any final order upon such petition. Neither appeal shall be a supersedeas except by a written order of a judge 17 of either court assigning the reasons therefor and upon no- tice to the commission. The commission may by an order, in any particular case, or by general orders, provide for the taking of testimony by one or more of the commissioners, or by other compe- tent authority, and the examination and report thereupon by one or more commissioners to the commission, but all final orders shall be made by the commission upon notice and hearing of the parties to the complaint. The records and proceedings of the commission shall be public, and every case shall be heard and finally determined within sixty days after the testimony is closed, and any party may by notice require all the parties to close the taking of testimony in thirty days. The commission may in any case on application of any party, extend the time for taking testimony. The commission shall sit in banc for the trial of com- plaints at least once a month, and shall take up and hear all cases ready for hearing, and no case shall be continued witbouc the consent of the complainant, unless the commis- sion note on their docket the reason for the continuance. The claim that any such testimony or evidence may tend to criminate the person giving such evidence, shall not ex- cuse such witness from testifying, but such evidence or tes- timony shall not be used against sucli person on the trial of any criminal or other legal proceeding. Section 7. That any person, firm, corporation, or associ- ation, or any mercantile, agricultural, or manufacturing society, or any body politic, or municipal organization, complaining of anything done, or omitted to be done, by any common carrier in contravention of the provisions thereof, may apply to said commission by petition, which shall briefly state the facts, and shall furnish the commission a copy thereof, which shall be forthwith forwarded by the commission to such common carrier, who shall be called upon to satisfy the complaint, or to answer the same in writing within a reasonable time to be specified by the commission. If such common carrier within the time specified shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complain- ant only for the particular violation of law thus complained of. If such carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reason- able ground for investigating said complaint, it shall be the duty of the commission to investigate the matters com- plained of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. Section 8. That whenever an investigation shall be made by said commission, it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the commission are based, together with its recommendation as to what repara- 2 Testimony. Commission to dispose of cases wiihin ninety days. Testimony^. Action upon com- plaint to commis- sion. Dismissal of com- plaint. Report of investi- gation of com- plaint. [-'.* -4 T— TT wmwmmm Ki^iS^SiS ■^y;:smm^^K^t*"<:-'^'*^W^^fmmsr' *t ^ y, " pi; *-■ V IS ' ' IS Jl 0: \ r^:^ !> I S^3:;;,^4 Commission to malce any inquiry It icay see St. Procedure in case of satisfaction of complaint. Salaries. 18 tion, if any, should be made by the common carrier to any party or parties, or locality found to be have been injured. All reports of investigations made by the commission shall be entered of record and a copy thereof shall be fur- nished to the parties. In all cases where the commission shall find that there was probable cause for the making of the complaint, the cost of taking testimony, including stenographer's charges, to be fixed by the commission, and the cost of printing shall be paid by the common carrier complained of, and the commission shall compel payment by attachment. The commission may, on its own motion, make any in- quiry it may see fit, and the cost thereof, when audited by the Auditor General and State Treasurer, shall be paid out of the State treasury by warrants drawn by the commission upon said State Treasurer, and the necessary money to meet the same is hereby appropriated from time to time out of any funds in the State Treasury not otherwise appropriated. Section \). That if in any case in which an investiga- tion shall be made by said commission it shall be made to appear to the satisfaction of the commission, either by the testimony of witnesses or other evidence, that anything has been done, or omitted to be done, in violation of the pro- visions of this act, or of any law cognizable by said com- mission, by any common carrier, or that any injury or dam- age has been sustained by the party or parties com[)laining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the commission to forth- with cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such violation, or to make reparation for the injury so found to have been done, or both, within a reasonable time, to be specified by the commission; and if, within the time specified, it shall be made to appear to the commission that such common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in com- pliance with the report and notice of the commission, or to the satisfaction of the party complaining, a statement of that efiPtct shall be entered of record by the commission, and the said common caiTier shall thereu})on be relieved from further liability or penalty for such particular violation of law, except for any pecuniary damage sustained by any person injured by such violation, and the decisions of the commission shall be enforced by the courts as provided in section first of this act. Section 10. That each commissioner shall receive an annual salary of seven thousand five hundred dollars, pay- able in the same manner as the salaries of judges of the courts of the Commonwealth. The commission shall ap- point a secretary, who shall receive an annual salary of three thousand five hundred dollars, payable in like manner. The commission shall have authority to employ and fix the com- pensation of such other employes as it may find necessary to 19 the proper performance of its duties, subject to the approval of the Auditor General and State Treasurer. The commission shall be furnished by the Auditor Gen- eral and State Treasurer with suitable offices and all neces- sary office supplies. Witnesses summoned before the com- mission shall be paid the same fees and mileage that are paid witnesses in the courts of the Commonwealth. All the above expenses of the commission, including all necessary expenses for trans[)ortation incurred by the com- missioners, or by their employes under their orders, in mak- ing any investigation in any other places than in the city of Harrrisburg, and for printing the commission's annual re- port, shall be allowed and paid by warrants drawn by the commission on the State Treasurer, on the presentation of itemized vouchers therefor, approved by the Chairman of the commission and the Auditor General and State Treas- urer, and the necessary money to meet the same is hereby appropriated from time to time out of any funds in the State treasury not otherwise appropriated. Section 11. That the commission is hereV)y authorized to require annual reports from all common c irriers, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific an- swers to all questions upon whish the commission may need information. Such annual reports shall show, in de- tail, the amount of capital stock issued, the amounts paid therefor, and the manner of payment for the same: the dividends paid; the surplus fund, if any, and the number of stockholders; the funded and floating debts, and in- terest paid thereon; the cost and value of the carriers property, franchises, and equipment; the number of em- ployes and salaries paid each class; the amounts ex- pended for improvements each year; how expended, and the character of such improvements: the earnings and re- ceipts from each branch of business and from all sources; the operating and other expenses: the balances of profit and loss and a complete exhibit of the financial operations of the carrier each year, including an annual balance-sheet. Such rej)orts shall also contain such information in rela- tion to rates or regulations concerning fares or freights or ajrreements, arranfjements or contracts with other common carriers as the commissiou may require, and the said com- mission may. within its discretion, for the purpose of en- abling it the better to carry out the purposes of this act, prescribe (if in the opinion of the commission it is prac- ticable to prescribe such uniformity and methods of keep- ing accounts) a period of time within which all common carriers shall have, as near as may V)e, a uniform system of accounts and the manner in which such accounts shall be kept. The commissiou may from time to time make classifica- tions of freight. Section VL That the commission shall on or before the first day of December in each year, make a report to the Offices of the comiuission and expenses. Annual reports from carriers. Uniformity of accounts. Commission to make classifica- tions of ireight. Report of commis- sion. I P I f ■ ; » , Jl '».' i£4k»iimMi CliA-si.k.' dtSiyU'i.rita }m?f^,m^. . , «>--^.;^«..rT^^_;,Jj. ,y ^- .- , >i-f^(^Jf^ mi>f^'?S^^^^^^'W^-^^**' » ■;^'< !**;•; '^^ V* \r To go Into effect. Railroads not to obtain control of canals. Attorney General lo prosecute civilly and criminally. ML Costs of coram is- Blon imposed upon railroads. 20 Governor, which shall be by him transmitted to the legisla- ture, and copies of which shall be distributed under the direction of the commission. This report shall contain such information and data collected by the commission as may be considered of value in the determination of ques- tions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the commission may deem necessary. Section 1-1 That the provisions of this act relating to the appointment and organization of the commission herein provided for, shall take effect immediately, and the remain- ing provisions of this act shall take effect sixty days after its passage. Section 14. No railroad company shall hereafter obtain control of any canal, and those now controlled by railroad companies shall be efficiently maintained. Section 15. The attorney general shall represent the commission in all judicial proceedings, and shall, when re- quired by the commission, at the expense of the common- wealth, prosecute civilly and criminally any corporation or person infringing on the provisions of this act. Section 10. The Auditor General shall annually compute the amount expended by the commonwealth for the salaries of the commission, its secretary, stenographer and clerks, and for all other expenses incurred by virtue of this act, (excej)t such as the commission shall in any proceeding charge to a particular company or companies) and the gross amount shall be divided amongst all the railroad companies and canal companies doing business in the commonwealth in proportion to the amounts paid by the said companies for tax on capital stock, and shall charge the same to said companies in the annual settlements for tax on capital stock. i^f-'^-i 1^ ^ ■% ,' H No. 3. Bill passed by the United States Senate in t886, commonly known as ''The Cullom mil •' 8kc. 1. 'I %i J' <■, k Carriers by rail or by rail and water en- gaged in inter-Slate traffic included within terms of act. Charges to be reasonable and just. Discrimination by drawback or otherwise prohibited. Undue or unreasonable preference, or ad- vantage prohibited. Facilities for interchange of traffic. Terminals. Long and short haul. Suspension in special cases. Filing of rates, and publicity as far as commission may deem practicable. Rates to be adhered to. Exchange of free passes. Changes in rates. Joint tarltfs of rates. Failure to tile or publish schedules of rates. Sec. 6. Continuous carriage from place of ship- ment to place of destination. Criminal penalties. Creation of commission. To inquire Into the business of all com- mon carriers. Sec. Sec. Sec. Sec. 5. Sec. Sec. Sec. 8. 9. Sec. 9. Testimony before commission. Contempt for failure to obey subpoena of commission. Sec. 10. Action upon complaint to commission. Dismissal of complaint. Sec. 11. Findingsof commission tohe prima/ncie evidence injudicial proceedings. Report of investigation of complaint. Sec. 12. Procedure in case of satlsfactlDU of com- plaint. Sec. 13. Procedure in case of failure to satisfy complaint. Sec. 14. Orgaiiization of commission. Sec. 13. Salaries. Offices of commission and expenses. Sec. 16. Commission to prosecute any inquiry nec- efsary to Its duties into any matter or question of fact pertaining to the busi- ness of a common carrier. Sec. 17. Annual reports from common carriers. Uniformity of accounts. Sec. 18. Report of commission. Sec. 19. Pooling. Sec. 20. Exemption. Sec. 21. Approijrlatlon of flOO.OOO. 21 AN ACT To regulate commerce. Be it enacted by the Senate and House of Bepresentatives 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 passen gers or property wholly by railroad, or partly by railroad, and partly by water, when both are used, under a common control, managpment, or arrangement, for a continuous car- riage or shipment, from one State or Territory of the Uni- ted States to any other State or Territory of the United States, or from any place in the United States to an adja- cent 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 trans-shiy)ment, 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 for- eign 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 hand- ling of property, wholly within one State or Territory, and not shipped to or from a foreign country from or to such State or Territory as aforesaid. - The term "railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and the term "transportation" shall include all instrumentalities of shipment or carriage. All charges made for any service rendered or to be ren- dered 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 un- lawful. Section 2. That if any common carrier subject to the pro- visions of this act shall, directly or indirectly, by any spe- cial 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 ren- dered, in the transpo^ tation of passengers or property, sub- ject to the provisions of this act, than it charges, demands, collects or receives from any other person or persons for do- ing for him or them a like and contemporaneous service in the transporation of a like kind of traffic under substan- tially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful; and any common carrier who shall violate the provisions of this section as aforesaid shall be liable to all persons w^ho have been charged a higher rate than was charged any other per- Carrlers by rail or by rail and water engaged in Inter- state traffic in- cluded within terms of act. The terms "rail- road""' and "trans- portation '' defined Charges to be reasonable and just. Discrimination by drawback or other- wise prohibited. 1- z^iiMmsam 'iL^'\iMk.T^tl»- \J^'*&,' fx^fff!fM*i^^-fm;vf.-'^<^- .'«i:W:'»3'<"-i««1ii f\ ^yl 1 i V. Undue or un- reasonable prefer- ence or advantage prohibited. fit*- ^ *"«s»~% Facilities forlnter- ctiange of traffic. Terminals. J Long and sliort haul. M H Wr Suspension In special cases. 74"^- M " ' I. 22 son or persons for the difference between such higher rate, and the lowest rate charged upon like shipments during the same period; or if such lower rate was made on any time contract or understanding, the said common carrier shall be liable to pay a like rebate or drawback to all other shippers over the same route, between the same points, who have shipped goods during the time that such contract or under- standing was in operation. Section. 3. That it shall be unlawful for any common car- rier, subject to the provisions of this act, to make or give any undue or unreasonable preference or advantage to any par ticular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect w^hatso- ever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvan- tage in any respect w^hatsoever. Every common carrier subject to the provisions of this act shall, according to their respective powers, atford all reasonable and proper facilities for the interchange of traffic between their respective lines, and for the receiving, for- warding, and delivering of passengers and property to and from their several lines, and those connecting therewith ; but no such common carrier shall be recpiired to give the use of its tracks or terminal facilities to another carrier en- gaged in like business. Any common carrier who shall willfully violate the provisions of this section of this act shall be liable to the person or persons injured thereby for all damages occasioned by such violation. Section. 4. That it shall be unlawful for any common car- rier subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transpor- tation of passengers or of like kind of property, under sub- stantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, and from the same original point of departure or to the same point of arrival ; 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 longer distance : Provided, hoiccrer, That upon application to the commission appointed under the provisions of this act, such common carrier may, in special cases, 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 make general rules exempting such designated common carrier in such spc^cial cases from the operation of this section of this act ; and when such exce})tions shall have been made and published, they shall, until changed by the commission or by law, have like force and effect as though the same had been specified in this section. Any common carrier who shall violate the provisions of this section of this act, shall be deemed guilty of extortion, and shall be liable to the person or persons against whom 23 any such excessive charge was made for all damages occa- sioned by such violation. Section 5. That every common carrier subject to the pro- visions of this act shall, within sixty days after the appoint- ment of the commission hereinafter provided for, file with said commission appointed under the provisions of this act copies of its tariffs of rates and fares and charges relating to all classes of traffic affected by the provisions of this act, in- cluding classifications and terminal charges which in any wise cliange, affect, or determine any part of the aggregate of such rates and fares and charges, and from time to time all changes made in the same. Such rates, fares, charges, and classifications shall be made public by such common carriers so 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 such rates, fares, charges and classifications, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published. And when any common carrier shall have established and published its rates, fares, charges, and classifications, or any part of the same, in compliance with the provisions of this section, it shall be unlawful for such comipon carrier to charge, demand, collect, or receive from any person or per- sons a greater or less compensation than is set forth and specified in such published rates, fares, charges, and classi- fications, until the same shall have been changed as herein- after provided. But nothing in this act shall prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad com- panies for their officers and em])loy6-;. No advance in such published rates, fares, charges, and classifications shall be made except after ten days' public notice, but reductions in the same may be made without previous public notice; and the commission shall prescribe the manner in which notice of advances and reductions in such published rates, fares, charges, and of changes in classifications shall be given. In cases where passengers and freight traffic pass over 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 of fares or charges, it shall be deemed a compliance with the requirements of this section in respect to the filing of such tariffs if copies of such joint tariffs shall be filed by any one of said common carriers, and the same shall then be published by the com- mon carriers who are parties thereto, in compliance with the provisions of this section; but no common carrier, party to any such joint tariff, shall be liable for the failure of any other common carrier, party thereto, to observe and adhere to the rates, fares, or charges thus made and published. If any common carrier shall neglect or refuse to file or publish its tariffs of rates, fares, and charges as provided in this section, or any part of the same, such common carrier Rates to be filed and made public as far as commis- sion may deem practicable. Kate to be adhered to. Exchange of free passes. Changes in rates. Joint tariffs of rates. Failure to file or publi&h scliedules of rates. '■. *! I'/ It 1k \ i Z!:m'^«^m'^.-^ %-r^r'fy^'e/V'*-::'>*.^^*^>**^)'^:^Y^---nr^:rr.: t,I ^i.t^m.iLi **tl f'S|>5ft"^!il^,US2«-»wWN. im^^' 30 31 \ 'nj r:- ' 'I Uniformity of accounts. \ ii ' •v.. film- . I Report of commis- sion. Pooling. Exemption. No abridgment of existing remedies. Appropriation of (100,000. mation in relation to rates or reofulations coneernine: fares or freights, or agreements, arrangements, or contracts with other common carriers, as the commission may require ; and the said commission may within its discretion, for the pur- pose of enabling it the better to cany out the purposes of this act, prescribe (if, in the opinion of the commission, it is practicable to prescribe such uniformity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as mav be, a uniform system of accounts, and the manner in which such accounts shall be kept. Section. 18. That the commission shall, on or before the first day of December in each year, make a report to the Sec- retary of the Interior, which shall ])e by him transmitted to Congress, and copies of w^hich shall be distributed as are the other reports issued from the Interior Department. This report shall contain such information and data col- lected by the commission as may be considered of value in the determination of ([uestions connected with the regulation of commerce, together with such recommendations as to additional lej^islation relating; thereto as the commission may deem necessary. Section. 19. That the said commission shall specially in- quire into that method of railroad managc^ment or combi- nation known as pooling, and shall report to Congress, what, if any, legislation is advisable and expedient upon that subject. Section 'iO. That nothing in this act shall apply to the carriage, storage, or handling of property free, or at re- duced rates for the United States, State, or municipal gov- ernments, or for charitable purposes, or to, or from fairs and expositions for exhibition thereat, or the issuance of mileage, excursion, or commutation passenger tickets; noth- ing in this act shall be construed to ])rohibit any common carrier from jjivinfj reduced rates to ministers of reliofion: and nothingr in this act contained shall in any way abridgre or alter the remedies now at law [)rovided, l)utthe ])rovisions of this act are in addition to such remedies. But no per- son, association, or corporation shall at the same time prose- cute any complaint before said commission, and pursue his or its remedy at law; and lodging a complaint before such commission shall suspend, until the same is disposed of, the common law remedy; and it is expressly providetl that no pending litigation between railroad companies shall in any way be affected by this act : Provided, That the time when any common law remedy shall be suspended under this section shall not be counted under any statute of limit- ation against such remedy. Section 21. That the sum of one hundred thousand dol- lars is hereby appropriated for the use and purposes of this act for this fiscal year ending June thirtieth, Anno Domini eighteen hundred and eighty-seven, and the intervening time anterior thereto. No. 4. Inter-State Couimerce Bill, (conference report approved by Congress.) Skc. Sec. Sec. Sec. Sec. 1. Carrlersby rail and water engaged In inter- Sec. 11. State traffic, included within terms of act. Sec. 12. Charges to be reasonable and just. 2. Discrimination by drawback or otherwise prohibited. 3. Undue or unreasonable preference or ad- vantage prohibited. Sec. 13. Facilities for the interchange of traffic. Terminals. SEC. 14. Sec. 4. Long and short haul. Suspension in special cases. 5. Pooling prohibited. Sec. 15. 6. Posting of rates. Rates on shipments passing through a for- Sec. 16. eign country. Changes in rates. Sec. 17. Kates to be adhered to. Sec. 18. Filing of schedule of rates and contracts. Joint tariff of rates. SEC. 19. Measure of publicity of joint tariff of rates prescribe(i by commission. Failure to tile or publish schedule. 7. Continuous carriage from place of ship- Sec 20, ment to place of destination. 8. Damages for violation of provisions of Sec. 21. act. SEC. 22. 9. Option of shipper to make complaint to commission, or to bring suit in court. Testimony before courts. Skc. 23. 10. Criminal penalties. Sec. 24, Sec. Sec. Sec. Sec. Creation of inter-State commerce com- mission. To inc] uire into the business of all common carriers. Testimony before commission. Contempt for failure to obey subpoena of commission. Action upon complaints to commission. Dismissal of complaint. Findingsof commission to be prima facie evidence injudicial proceedings. Reports of investigation of complaint. Procedure in case of satisfaction ol com- plaint. Procedure in case of failure to satisfy complaint. Organization of commission. Salaries. Offices of commission and expenses. Commission to prosecute any inquiry nec- essary to its duties into any matter or question of fact pertaining to the busi- ness of any common carrier. Annual reports from common carriers. Uniformity of accounts. Report of commission. Exemption. Exchange of passes. No abridgment of existing remedies. Appropriation of $100,000. To go into effect. AN ACT To regulate commerce. Be it enacted by tiJie Senate ana House of Representatives of the United States of America, in Congress assembted, That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passen- gers 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 ad- jacent 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 trans shipment, 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. The term "railroad," as used in this act, shall include all bridges or ferries used or operated in connection with any Carriers by rail or by rail and water engaged in inter- state traffic in- cluded within terms of bill. V The terms "rail- road " and "trans- portation " defined flip ?§im' ■■^^w^Mf^' *'^^'"' ^^^^"'^f^ww'^^'-f^^:'* *finfYv ^J.-'V 32 33 H. \ 'A- if J' ' Charges to be reasonable and just. Discrimination by drawbaclc or other- wise prohibited. Undue or unreasonable preference or ad- vantage proliib- Ited. Facilities for inter- change of traffic. ii< Terminals. Long and short haul. 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" shall include all instrumentalities of shipment or carriage. All charges made for any service rendered or to be ren- dered 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 un- lawful. Section 2. That if any common carrier subject to the pro- visions of this act, shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, col- lect, 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 traflic 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. Section 3. That it shall be unlawful forany 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 what- soever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of trattlc, to any undue or unreasonable prejudice or disadvan- tage in any respect whatsoever. 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 charsres be- tween 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 euQSLsed in like business. Section 4. That it shall be unlawful for anv 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 substantiallv similar circumstances and conditions, for a shorter thaa 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 Suspension in special cases. Pooling prohibited. longer distance: Provided, however, That upon application to the commission appointed under the provisions of thi^ 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 transportation of pas- sengers 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. Section 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 anv portion thereof; and in anv case of an aorreement for the pooling of freights as aforesaid, each day of its continu- . ance shall be deemed a separate offense. Section 0. That every common carrier subject to the pro- Posting of rates visions of this act shall print and keep for public inspec- tion, schedules showing the rates and fares and charges for the transportation of passengers and pro})erty, which any such common carrier has established, and which are in force at the time upon its railroad, as defined by the first section of this act. 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 upon such railroad, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect, or determine any part of the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type, of at least the size of ordinary pica, and copies for the use of the public shall be kept in every depot or station upon any such railroad, in such places and in such form that they can be conveniently ins{)ected. 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 for public inspection, at every depot 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 States beyond the foreign country to which it acce]:>ts 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- 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 3 Rates on shipments passing through a foreign country. Changes in rates. if'i ^ ■,vv-"'^?v*m^i'^*t=**'' ;§«WT<^i^" 34 35 1 « f^^ V;'' HHk. *< , [fpV^v \'% Hr - V Hn'K\^ \ ^|B*//«''^'' ^ ti' 1 R^' o \ ' F^ * .% . % |> v'.\ % , " ■» *' Kt y'k i*' . Rates to be adhered to. m '■i **. > if .'^-^' ■- Filing of schedules of rates and con- tracts. u * Joint tariffs of rates. Measure of pub- licity of joint tariffs of fjites prt-scribed by comtuission. ?£X;'' any common carrier incompliance with the requirements of this section, except after ten days' public notice, which shall 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 for public inspection. Reductions in such pub- lished rates, fares, or charges may be made without previ- ous public notice ; but whenever any such reduction is made, notice of the same shall immediately be publicly posted, and the changes made shall immediately be made public by printing new schedules, or shall immediately be plainly indicated upon the schedules at the time in force and kept for public inspection. And when any such common carrier shall have established and published its rates, fares, and charges, in compliance with the provisions of this section, it shall be unlawful 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. Every common carrier subject to the provisions of this act shall tile with the commission hereinafter provided for copies of its schedule of rates, fares, and charges which have been established and published in compliance with 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 all contracts, agreements, or arrangements with other common carriers, in relation to any traffic affected by the provisions of this act to which it may be a party. And in cases where passenger? and freight pass over continuous lines on 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 shall also, in like manner, be tiled with said commis- Such joint rates, fares, and charges on such contin- sion. uous lines so tiled as aforesaid, shall be made public by such common earners when directed by said commission, in so 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 such rates, fares, and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published; but no common carrier, party to any such joint tariff, shall be liable for the failure of any other common carrier, party thereto, to observe and adhere to the rates, fares, or charges thus made aad published. If any such common carrier shall neglect or refuse to Mi- file or publish its schedules or tariffs of rates, fares, and charges as provided in this section, or any part of the same, such common can'ier shall, in addition to other penalties herein prescribed, be subject to a writ of mandamus, to be issued by any circuit court of the United States in the judi- cial district wherein the principal office of said common carrier is situated ; or wherein such offense may be commit- ted, and if such common carrier be a foreign corporation, in the judicial circuit wherein such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section; and such writ shall issue in the name of the people of the United States, at the relation of the commissioners ap pointed under the provisions of this act; and failure to com- ply with its requirements shall be punishable as and for a contempt; and the said commissioners, as complainants, may also apply, in any such circuit court of the United States, for a writ of injunction against such common carrier, to restrain such common carrier from receiving or trans- porting property among the several States and Territories of the United States, or between the United States and ad jacent foreign countries, or between ports of trans-shipment and of entry and the several States and Territories of the United States, as mentiont^d in the tirst section of this act, until such common carrier shall have complied with the aforesaid provisions of this section of this act. Section 7. That it shall be unlawful for any common car- rier subject to the provisions of this act to enter into any combination, contract, or agreement, express or implied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of fi'eight from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, stoppage, or interruption was made in good faith for some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage, or to evade any of the provisions of this act. Section 8. That in case any common carrier subject to the provisions of this act shall do, cause to be done, or per- mit to be done any act, matter, or thing in this act prohibit- ed or declared to be unlawful, or shall omit to do any act, matter, or thing in this act required to be done, such' com- mon carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in con- sequence of any such violation of the provisions of this act, together with a reasonable counsel or attorney's fee, to be lixed by the court in every case of recovery, w^hich at- torney's fee shall be taxed and collected as part of the costs in the case. Section 9. That any person or persons claiming to be Failure to llle or publish schedule. Continuous car- riage from place of shipment to place of destination. Damages for viola- tion of provisions of act. " ''■^''"- 'ncp^t'^'f ;^|^|y^^'' -^'^ ■ "* '•^-■?.,.^"S«S»*? .,:^spspiar*'«Y''"^ -*i«4«t ■fifF^'--#iJ.;4''fCr*'-*t 8t) 37 h\,* ■'./f\^i ! BUMF* i « r\ PI Option of shipper to make coinpl.iint to commission orto bring suit in court. Testimony. Criminal penalties. Creation of Inter- St\te Commerce Commission. damaf:fed by any common carrier subject to the provisions of this act may either make complaint to the commission as hereinafter provided for, or may bring suit in his or their own behalf for the recoverv of the damao^es for which such common carrier may be liable under the provisions of this act, in any district or circuit court of the United States of competent jurisdiction : but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one cf the two methods of procedure herein provided for he or they will adopt. In any such action brought for the recovery of damages the court before which the same shall be pending may compel anv director, olhcer, receiver, trustee or agent of the cor- poration or company defendant in such suit to attend, ap- pear, and testify in such case, and may compel the produc- tion of the books and papers of such corporation or com- pany party to any such suit; the claim that any such testi- mony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testi Tying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. Section 10. That any common carrier subject to the j)ro- visions of this act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall willingly suffer or permit to be done, any act, matter, or thing in this act prohibited or declared to be un- lawful, or who shall aid or abet therein, or shall willfully omit or fail to do any act, matter, or thing in this act re- quired to be done, or shall cause or willingly suffer or per- mit any act, matter, or thing so directed or required by this act to be done not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any district court of the United States within the juris- diction of which such offense was committed, be subject to a tine of not to exceed live thousand dollars for each of- fense. Section 11. That a commission is hereby created and established, to be known as the Inter-State Commerce Com- mission, which sha'l be composed of live commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. The commissioners lirst appointed under this act shall continue in office for the term of two, three, four, live, and six years, respectively, from the first dav of Januarv, Anno Domini eighteen hundred and eighty-seven, the term of each to be design.ated by the President : but their successors shall be appointed for terms of six years, except that any person chosen to till a vacancy shall be appointed only for the unexpired time of the com- missioner whom he shall succeed. Any commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. Not more than three of the commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any common carrier subject to the provisions of this act, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold such office. Said commissioners shall not engage in any other business, vocation, or employment. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission. Section 1 '1. That the commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such carriers full and complete information necessary to enable the commission to perform the duties and carry out the objects for which it was created : and for the purposes of this act the commission shall have i)Ower to require the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agree- ments, and documents relating to any matter under investi- gation, and to that end may invoke the aid of any court of the United States in requiring the attendance and testi- mony of witnesses and the production of books, papers, and documents under the provisions of this section. And any of the circuit courts of the United States within the jurisdiction of which such inquiry is carried on may. in case of contumacy or refusal to obey a subprjena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said commission ( and pro- duce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contemy)t thereof. The claim that any such testimony or evidence may tend to criminate the person giving such evi- dence shall not excuse such witness from testifvintr: but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding Section 18. That any person, firm, corporation, or asso- ciation, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization com- plaining of anything done or omitted to be done by any common carrier subject to the provisions of this act in con-' travention of the provisions thereof, may apply to said com- mission by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the commission to such common carrier, who shall be called upon to satisfy the complaint or to answer tbe same in writing within a reasonable time, to be specified by the commission. If such common carrier, within the To Inquire into the manajreiiient of the business of all common carriers. Testimony before commission. Contempt for failure to obey subpoena of commission. ' i«'ai =.^^ \n ^* Testimony. Action upon com- plaints to commis- sion. ^f^T'?"' m^^m^m *i^-s"' tJ^'nUMi-iK M^ ria tf^ft. f '4'A \ Vi^^^'M. Ik-'- ">,, ^n.v-' J Dismissal of com- plaint. Findings of com- mission to be prima facie evidence. Report of investi- gation of com- plaint. Procedure in case of satisfaction of complaint. 38 time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such carrier shall not satisfy the com- plaint within the time specified, or there shall ai)pear to be any reasonable ground for investigating said complaint, it shall be the duty of the commission to investigate the mat- ters complained of in such manner and by such means as it shall deem proper. Said commission shall in like manner investigate any complaint forwarded by the railroad commissioner or rail- road commission of any state or territory, at the request of such commissioner or commission, and may institute any inquiry on its own motion in the same manner and to the same effect as though com})laint had been made. No complaint shall at any time be dismissed because of the absence of direct damages to the complainant. Section 14. That whenever an investigation shall be made by said commission, it shall be its duty to make a re- port in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the com- mission are based, together with its recommendation as to what reparation, if any. should be made by the common can'ier to any party or |)arties who may be found to have been injured; and such findings so made shall thereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. All reports of investigations made by the commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of. Section l"). That if in any case in which an investiga- tion shall be made by said commission it shall be made to appear to the satisfaction of the commission, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the pro- visions of this act, or of any law cognizable by said com- mission, by any common carrier, or that any injury or dam- age has been sustained by the party or parties complaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the commission to forth- with cause a copy of its report in respect thereto tj be de- livered to such common carrier, together with a notice to such common carrier, to cease and desist from such vio- lation, or to make reparation for the injury so found to have been done, or both, within a reasonable time, to be specified by the commission; and if, within the time speci- fied, it shall be made to appear to the commission that such common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the commission, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the commission and the said common carrier shall thereupon be relieved 39 from further liability or penalty for such particular violation of law. Section J 6. That whenever any common carrier, as de- fined in and subject to the provisions of this act, shall vio- late or refuse or neglect to obey any lawful order or require- ment of the commission in this act named, it shall be the duty of the commission, and lawful for any company or person interested in such order or requirement, to apply, in a summary way, b} petition, to the circuit court of the United States sitting in equity in the judicial district in which the common carrier complained of has its prin- cipal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience, as the case may be: and the said court shall have power to hear and determine the matter, on such short notice to the common carrier complained of, as the court shall deem reasonable; and such notice may be served on such common carrier, his or its officers, agents, or servants, in such manner as the court shall direct; and said court shall proceed to hear and determine the matter speedily as a court of equity, and without the formal pleadings and proceedings applicable to ordinary suits in equity, but in such manner as to do justice in the premises; and to this end such court shall have power, if it think tit, to direct and prosecute, in such mode and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition; and on such hearing the report of said commission shall be prima facie evidence of the matters therein stated; and if it be made to appear to such court on such hearing, or on report of any such person or persons, that the lawful or- der or requirement of said commission drawn in question has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction or other proper process, mandatory or otherwise, to restrain such common carrier from further continuing such violation or disobedience of such order or requirement of said commission, and enjoin- ing obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such court to issue writs of attachment, or any other process of said court incident or applicable to writs of injunction or other proper process mandatory or otherwise, against such common car- rier, and if a corporation, against one or more of the direc- tors, officers, or agents of the same, or against any owner, lessee, trustee, receiver, or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise; and said court may, if it shall think fit, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money not ex- ceeding for each carrier or person in default the sum of five hundred dollars for every day after a day to be named in the order that such carrier or other person shall fail to obey Procedure in case of failure to sat- isfy complaint. ■ "M m •'i'li "m I ''"va '"^^M'iJll^^-i ^?$M"^'- '^h^ iiiMkkL^ [^'lii , lij^^kist^^^A mm- J'H »t. !''*! i rj" -« Orjranizatlon of commiseion. Salaries. 40 such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining or into court, to abide the ultimate decision of the court, or into the treasury; and payment thereof may, without prejudice to any other mode of recoverincj the same, be enforced bv at- tachment or order in the uature of a writ of execution, in like manner as if the same had been recovered by a final de- cree in persotKini in such court. When the subject in dis- pute shall be of the value of two thousand dollars or more, either party to such proceeding before court may appeal to the Supreme Court of the Tnited States, under the same regulations now^ provided by law in respect of security for such appeal : but such appeal shall not operate, or stay, or supersede the order of the court or the execution of any writ or process thereon : and such court may, in every such matter, order the payment of such costs and counsel fees as shall be deemed reasonable. Whenever any such petition shall be filed or presented by the commission it shall be the duty of the district attorney under the direction of the At- torney General of the United States, to prosecute the same; and the costs and expenses of such prosecution shall be paid out of the a])propriation for the expenses of the courts of the United States. For the purposes of this act, excepting its penal provisions, the coui-ts of the United States shall be deemed to })e always in session. Section 17. That the commission may conduct its pro- ceedings in such manner as will best conduce to the pi'oper dispatch of business and to the ends of justice. A major- ity of the commission shall constitute a (juorum for the transaction of business, but no commissioner shall partici- pate in any hearing or proceeding in which he has any pe- cuniary interest Said commission may, from time to time, make or amend such general rules or orders as may be re- quisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party may ap})ear before said commission and be heard, in person or by attorney. Every vote and oifieial act of the commission shall be en- tered of record, and its proceedings shall be public upon the retpiest of either party interested. Said commission shall have an official seal, which shall be judicially noticed. Either of the members of the commission may administer oaths and afiirmations. Section 18. That each commissioner shall receive an an- nual salary of seven thousand five hundred dollars, payable in the same manner as the salaries of judges of the courts of the United States. The commission shall appoint a secretary at an annual salary of three thousand Wve hundred dollars, pay- able in like manner. The commission shall have authority to employ and fix the compensation of such other employes as it may find necessary to the proper performance of its duties, subject to the approval of the Secretary of the Interior. «¥>*• .^mipii^^^wf^ .mm''"'"- 41 The commission shall be furnished by the Secretary of the Interior with suitable offices and all necessary office sup- plies. Witnesses summoned before the commission shall l)e paid the same fees and mileage that are paid witnesses in the courts of the United States. All of the expenses of the commission, including all ne- cessary expenses for transportation incuiTed by the com missioners. or by their employes under their orders, in making any investigation in any other places than in the city of Washington, shall be allowed and paid, on the presen- tation of itemized vouchers therefor, approved by the chair- man of the commission and the Secretary of the Interior. Section 19. That the principal office of the commission shall be in the city of Washington, where its general ses- sions shall be held; but whenever the convenience of the public or the parties may be ])romoted, or delay or expense prevented thereby, the commission may hold special sessions in any part of the United States. It may, by one or more of the commissioners, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any com- mon carrier subject to the provisions of this act. Section '20. That the commission is hereby authorized to require annual reports from all common carriers subject to the provisions of this act, to fix the time and prescribe the manner in w^hich such reports shall be made, and torec^uire from such carriers specific answers to all questions upon which the commission may need information. Such annual reports shall show in detail the amount of capital stock is- sued, the amounts paid therefor, and the manlier of pay- ment for the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and float- ing debts and the interest paid thereon; the cost and value of the carrier's property, franchises, and equipment; the number of employes and the salaries paid each class; the amounts expended for improvements each year, how ex- pended, and the character of such improvements; the earn- ings and receipts from each branch of business and from all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance-sheet. Such reports shall also contain such infor- mation in relation to rates or regulations concerning fares or freights, or agreements, arrangements, or contracts with other common carriers as the commission may require; and the said commission may, within its discretion, for the pur- pose of enabling it the better to carry out the purposes of this act, prescribe (if in the opinion of the commission it is practicable to prescribe such uniformity and methods of keeping accounts) a period of time within which all com- mon carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept. Section 21. That the commission shall, on or before the Offices of commis- sion and expensed. Comniisdion to prosecute any Inquiry necessary to Its duties Into any matter or question of fact pertaJnlnx to the business of a coMunon carrier. Annual reports from common carriers. Uniformity of accounts. ■i'.i .\- '■» • »' w .•il .li^.Jit^. ft ^rtl&iit.. 42 ( L>. '.} -.-if m - I? Report of com mis- sion. ExeniptioD. Exchange ©f passes. No abridgment of existing remedies. Appropriation of f JOll, 000. To go into effect. first day of December in each year, make a report to tbe Secretary of the Interior, which shall be by him transmitted to Congress, and copies of which shall be distributed as are the other reports issued from the Interior Department. This report shall contain such information and data col- lected by the commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the commission may deem necessary. Section 22. That nothing in this act shall apply to the carriage, storage, or handling of property free or at re- duced rates for the United States, State, or municipal gov- ernments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the issuance of mileage, excursion, or commutation passenger tickets ; nothing in this act shall be construed to prohibit any com- mon carrier from giving reduced rates to ministers of reli- gion; nothing in this act shall be construed to prevent rail- roads from giving free carriage to their own officers and employes, or to prevent the principal officers of any rail road company or companies from exchanging passes or tick- ets with other railroad companies for their officers and employes; and nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in ad- dition to such remedies: Provided, That no pending liti- gation shall in any way be affected by this act. Section 28. That the sum of one hundred thousand dol- lars is hereoy appropriated for the use and purposes of this act. for the fiscal year ending June thirtieth, Anno Domini eighteen hundred and eighty-eight, and the intervening time anterior thereto. Section 24. That the provisions of sections eleven and eighteen of this act, relating to the appointment and or- ganization of the commission herein provided for, shall take effect immediately, and the remaining provisions of this act shall take effect sixty days after its passage. 'h\ \S m ■M i 'f* ■II I II i i w i mii I nm mmmmmmmimm mmmfmm wmmm HiippM / .^ W^Wi'-^ ''A GAYLAMOUNT i . PAMPHLET BINDER \ Monuf octur«d by ^ >AYLORDB»OS. Inc. » J SyrocuM, N.Y. ] Stockton, Collf . , t " -•\f COLUMBIA UNIVERSITY LIBRARIES 004 406958 M COLUMBIA UNIVERSITY LIBRARIES This book is due on the date indicated below, or at the expiraUon of a definite period after the date of borrowing as provided by the library rules or by special arrangement with the Liibrarian in charge. I OATE BORROWCO DATE DUE DATE BORROWED DATE DUE C28(3-52) 100M I u . D530.7 P384 J D530.7. P384 Pennsylvania. Bills rcli^tinr: to railreae) discrimination . mn on ^7 HJVX 16B94 i I ■mmaKKmnHHummim i iawiiii w awi ii M ii WWIPWWi l i ^ W l W ^ ^ L'.''y' ... V:: V ''''h bouno END OF TITLE