Act to provide and furnish such transportation upon reasonable request therefor, and to establish through routes and just and reasonable rates applicable thereto; [1910] and to provide reasonable facilities for operating such through routes and to make reasonable rules and regulations with respect to the exchange, interchange, and return of cars used therein, and for the operation of such through routes, and providing for reasonable compensation to those entitled thereto. [1887] All charges made for any service rendered or to be rendered in the transportation of passengers or property, [1910] and for the transmission of messages by telegraph, telephone, or cable, [1887] as aforesaid, or in connection therewith, shall be just and reasonable; and every unjust and unreasonable charge for such service [1906] or any part thereof [1887] is prohibited and declared to be unlawful: [1910] Provided, That messages by telegraph, telephone, or cable, subject to the provisions of this Act, may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government, and such other classes as are just and reasonable, and different rates may be charged for the different classes of messages: And Provided further, That nothing in this Act shall be construed to prevent telephone, telegraph, and cable companies from entering into contracts with common carriers for the exchange of services.

[1910. Classification must be just and reasonable, so also must the regulations and practices such as marking, packing, delivery, etc.] [1887. Free passes and free transportation prohibited. 1906. Details of excepted classes, as employees, charitable workers, etc.]

[1906. The Commodities Clause.] From and after May first, nineteen hundred and eight, it shall be unlawful for any railroad company to transport from any State, Territory, or the District of Columbia, to any other State, Territory, or the District of Columbia, or to any foreign country, any article or commodity, other than timber and the manufactured products thereof, manufactured, mined, or produced by it, or

under its authority, or which it may own in whole or in part, or in which it may have any interest, direct or indirect, except such articles or commodities as may be necessary and intended for its use in the conduct of its business as a common carrier.

[1906. Switch Connections.] Any common carrier subject to the provisions of this Act, upon application of any lateral, branch line of railroad, or of any shipper tendering interstate traffic for transportation, shall construct, maintain, and operate upon reasonable terms a switch connection

where such connection is reasonably practicable and can be put in with safety and will furnish sufficient business to justify the construction and maintenance of the same; and shall furnish cars for the movement of such traffic to the best of its ability without discrimination in favor of or against any such shipper... [1906 Switch connections may be ordered by the Commission.]

§ 2. [1887. Unjust discrimination defined and forbidden.] That if any common carrier subject to the provisions of this Act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this Act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful.

§ 3. [1887. Undue or unreasonable preference or advantage forbidden. Facilities for interchange of traffic. Discrimination between connecting lines forbidden. 1903. By Elkins' Act only one shipment at less than published rate necessary to constitute a violation.]

§ 4. [The Long and short haul section.] (As amended June 18, 1910.). [1887] 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, [1910 "under substantially similar circumstances and conditions" omitted] for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, [1910] or to charge any greater compensation as a through route than the aggregate of the intermediate rates subject to the provisions of this Act; [1887] but this shall not be construed as authorizing any common carrier within the terms of this Act to charge or receive as great compensation for a shorter as for a longer distance: Provided, however, That upon application to the Interstate Commerce Commission such common carrier may in special cases, after investigation, be authorized by the Commission to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section: [1910] Provided, further, That no rates or charges lawfully existing at the time of the passage of this amendatory Act shall be required to be changed by reason of the provisions of this section prior to the expiration of six months after the passage of this Act, nor in any case where application shall have been filed before the Commission, in accordance with the provisions of this section, until a determination of such application by the Commission.

[1910] Whenever a carrier by railroad shall in competition with a water route or routes reduce the rates on the carriage of any species of freight to or from competitive points, it shall not be permitted to increase such rates unless after it shall be found that such proposed increase rests upon changed conditions other than the elimination of water competition.

§ 5. [1887. The anti-pooling section.] That it shall be unlawful for any common carrier subject to the provisions

of this Act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense.

§ 6. [1887, amended 1889, 1906, 1910. 1887. Printing and posting of schedule of rates, fares and charges, including rules and regulations affecting the same (1906) and icing, storage and transit charges and freight classifications; stricter details. 1887. Freight carried through a foreign country subject to customs duties in case of failure to publish through rates. 1906. Thirty (formerly ten) days' notice must be given of any change (formerly advance) in rates, etc. Proviso: Commission may modify requirements of this section. 1906. Joint tariffs must specify names of carriers participating. 1887. Every common carrier shall file copies of all contracts, agreements, etc. 1906. Further sharpening of requirement to publish rates; transportation prohibited until rates published; prohibited rates not to be deviated from. Penalty for failure to comply with regulation. 1910. Carriers must furnish written statement of rate. Damages for misstatement.]

§ 7. [1887. Carriage of freights from place of shipment to place of destination must be continuous; contracts to evade forbidden.]

§ 8. [1887. Liability of common carriers for damages.]

§ 9. [1887. Persons claiming to be damaged may elect whether to complain to the Commission or bring suit in a United States court. Officers of defendant may be compelled to testify.]

§ 10. [1887. Penalties for violations of Act by carriers or when the carrier is a córporation, its officers, agents, or employees; for false billing, etc., by carriers, their officers or agents; for false billing, etc., by shippers and other persons; for inducing common carriers to discriminate unjustly: fine and imprisonment. Joint liability with carrier for damages.]

§ 11. [1887. Creating the Interstate changed in 1906 by § 24.]

Commerce

Commission;

§§ 12, 13, 14. [1887, variously amended in 1889, 1891, 1906, and 1910; empowers the Commission to execute and enforce the Act, lay down methods of procedure, etc.]

§ 15. [Original section wholly superseded June 29, 1906, and amended June 18, 1910. 1906. Powers of the Commission. Com

mission may determine and prescribe just and reasonable rates and classifications to be observed as maximum charges, and just and reasonable regulations or practices; may order carriers to cease and desist from full extent of violations found. Orders of the Commission effective as prescribed, but in not less than thirty days. Orders shall continue in force not exceeding two years, unless suspended or set aside by Commission or court. When carriers fail to agree on divisions of joint rate, Commission may prescribe proportion of such rate to be received by each carrier. 1910. Commission may investigate new schedules, may suspend them and extend suspension. Burden of proof on carrier as to reasonableness of increased rates. 1906. Commission may establish through routes and joint rates and classifications. 1910. Limitation on through route power. Shipper may select route. Unlawful to give or receive information relative to rivals' shipments; exceptions; penalty. 1906. Commission may determine just and reasonable charge or allowance for service rendered by owner of property transported or for any instrumentality furnished by such owner and used in such transportations. Enumeration of powers in this section not exclusive.]

§§ 16-23. [Stipulate method of award, of appeals to courts, forms of procedure, etc.]

§ 24. [Enlarging the Commission to seven members (not more than four of one political party) with term of seven years. Compensation ten thousand dollars annually.]

[By Act of June 18, 1910, a Commerce Court was created to which was given the jurisdiction possessed by circuit courts over appeals to enforce or to annul the Commission's orders, certain cases under the Elkins' Act, and mandamus proceedings. In June, 1912, Congress voted to abolish the Commerce Court.]