174 



CONGRESS. (ISTTEESTATE COMMEBCE.) 



in any respect whatsoever, or to subject any particu- 

 lar person, company, firm, corporation, or locality, or 

 any particular description of traffic, to any undue or 

 unreasonable prejudice or disadvantage 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 deliver- 

 ing of passengers and property to and from their sev- 

 eral lines and those connecting therewith, and shall 

 not discriminate in their rates and charges between 

 such connecting lines ; but this shall not be construed 

 as requiring any such common carrier to give the use 

 of its tracks or terminal facilities to another carrier en- 

 gaged in like business. 



SEC. 4. That it shall be unlawful for any common 

 carrier subject to the provisions of this act to charge 

 or receive any greater compensation in the aggregate 

 for the transportation of passengers or of like kind of 

 property, under substantially similar circumstances 

 and conditions, for a shorter than for a longer distance 

 over the same line, in the same direction, the shorter 

 being included within the longer distance ; but this 

 shall not be construed as authorizing any common 

 carrier within the terms of this act to charge and re- 

 ceive as great compensation for a shorter as for a long- 

 er distance : Itovided, however, That upon application 

 to the commission appointed under the provisions of 

 this act such common carrier may, in special cases, 

 after investigation by the commission, be authorized 

 to charge less for longer than for shorter distances for 

 the transportation of passengers or property ; and the 

 commission may from time to time prescribe the ex- 

 tent to which such designated common carrier may be 

 relieved from the operation of this section of this act. 



SEC. 5. That it shall be unlawful for any common 

 carrier subject to the provisions of this act to enter 

 into any contract, agreement, or combination with any 

 other common carrier or carriers for the pooling of 

 freights of different and competing railroads, or to di- 

 vide between them the aggregate or net proceeds of 

 the earnings of such railroads, or any portion thereof; 

 and in any case of an agreement for the pooling of 

 freights as aforesaid, each day of its continuance shall 

 be deemed a separate offense. 



SEC. 6. That every common carrier subject to the 

 provisions of this act shall print and keep for public 

 inspection schedules showing the rates and fares and 

 charges for the transportation of passengers and prop- 

 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 sched- 

 ules 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 ter- 

 minal 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 inspected. 



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 pub- 

 lic inspection, at every depot where such freight is re- 

 ceived 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 accepts i'reight 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 re- 

 quired by this act, shall, before it is admitted into the 



United States from said foreign country, be subject 

 to customs duties as if said freight were of foreign 

 production ; and any law in conflict with this section 

 is hereby repealed. 



No advance shall be made in the rates, fares, and 

 charges which have been established and published as 

 aforesaid by any common carrier in compliance with 

 the requirements of this section, except alter 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 tor public inspection. Seductions in such pub- 

 lished rates, fares, or charges 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 imme- 

 diately 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 in- 

 spection. 



And when any such common carrier shall have es- 

 tablished and published its rates, fares, and charges 

 in compliance with the provisions of tnis 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 tne transportation 

 of passengers or property, or for any services in con- 

 nection 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 file with the commission hereinafter pro- 

 vided for copies of its schedules 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 car- 

 rier 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 liuesor routes operated by more than one 

 common carrier, and the several common carriers op- 

 erating 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 filed with said commission. Such joint 

 rates, fares, and charges on such continuous lines so 

 filed as aforesaid shall be made public by such com- 

 mon carriers 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 car- 

 rier 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 such common carrier shall neglect or refuse 

 to 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 carrier 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 judicial district wherein 

 the principal office of said common carrier is situated 

 or wherein such offense may be committed, 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 



