THE INTERSTATE COMMERCE ACT Being the Act to Regulate Commerce as Amended [The original act to regulate commerce was enacted Feb. 4, 1887. Amendments and additions thereto are indicated in the date line of each section. The Motor Carrier Act, Aug. 9, 1935, cited in the date line of many sections in part I, made one amendment to part I, i. e., it changed the words "this Act" wherever they appeared to "this part." 49 Stat. 543.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE [ Santom han 10 10/01 ILO ITS 18807 201 901 and xstat 200 Sec. 1 Penalty. Jurisdiction of offenses hereunder. -same as for offenses under Elkins Act. 34 Stat. 584. 36 Stat. 544. 41 Stat. 475. Commodities clause. abled or infirm in the service of any such common carrier, and the remains of a person killed in the employment of a carrier and ex-employees traveling for the purpose of entering the service of any such common carrier; and the term "families" as used in this paragraph shall include the families of those persons named in this proviso, also the families of persons killed, and the widows during widowhood and minor children during minority of persons who died, while in the service of any such common carrier. Any common carrier violating this provision shall be deemed guilty of a misdemeanor, and for each offense, on conviction, shall pay to the United States a penalty of not less than one hundred dollars nor more than two thousand dollars, and any person, other than the persons excepted in this provision, who uses any such interstate free ticket, free pass, or free transportation shall be subject to a like penalty. Jurisdiction of offenses under this provision shall be the same as that provided for offenses in an Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, and any amendment thereof. NOTE.-Compare § 22, infra. Provisions of this paragraph applicable to common carriers under part II, § 217 (b); part III, §.306 (c). Special provisions: As to trustees of Cincinnati Southern Railway, their officers and agents, § 53, infra; members of National Guard organizations, Act of Aug. 29, 1916, 39 Stat. 646 (32 U. S. C. 873); agents and officers of Post Office Department, Act of July 28, 1916, 39 U. S. C. § 523, infra. Annuitants and pensioners under Railroad Retirement Acts of 1935 and 1937 may law. fully be furnished free transportation by railroads, the same as their employees, 45 U. S. C. § 228r, infra. (8) 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 Transportation 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 by railroad of certain commodities prohibited. Exception. necessary and intended for its use in the conduct of its business as a common carrier. NOTE. Comparable provisions, freight forwarders, § 411 (b). Sec. 1 34 Stat. 584. 41 Stat. 475. 36 Stat. 544. 49 Stat. 543. Carriers' duty to construct and operate switch co con (9) Any common carrier subject to the provisions of this part, 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 with any such lateral, branch line of railroad, or private side track which may be constructed to connect with its railroad, 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. If any common carrier shall fail to install and operate any such switch or connection as aforesaid, on application therefor in writing by any shipper or owner of such lateral, branch line of railroad, such shipper or owner of such lateral, branch line of railroad may make complaint to the Commission, as provided in section thirteen of this part, and the Commission shall hear and investigate the same and shall determine as to the safety and practicability thereof and justification and reasonable compensation therefor, and the Commission may make an order, as provided in sec- tions. tion fifteen of this part, directing the common carrier to comply with the provisions of this section in accordance with such order, and such order shall be enforced as here- of order. inafter provided for the enforcement of all other orders by the Commission, other than orders for the payment of money. NOTE. Physical connection between rail line and docks, required, § 6 (11). Rail carrier required to extend its line or lines, and provide itself with safe and adequate car service facilities, § 1 (21). (10) The term "car service" in this part shall include the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, and other vehicles used in the transportation of property, including special types of equipment, and the supply of trains, by any carrier by railroad subject to this part. (11) It shall be the duty of every carrier by railroad Commission may order switch connec Enforcement 40 Stat. 101. 49 Stat. 543. What included 41 Stat. 476. in term "car service." Sec. 1 quired car service, and rules and practices. subject to this part to furnish safe and adequate car servCharacter of re- ice and to establish, observe, and enforce just and reasonable rules, regulations, and practices with respect to car service; and every unjust and unreasonable rule, regulation, and practice with respect to car service is prohibited and declared to be unlawful. 49 Stat. 543. Just and reasonable distribution of coal cars required. Ratings of mines during car shortage. Penalty. Commission may require filing of car-service rules and regulations. 49 Stat. 543. Incorporation in schedules : subject to act. Commission may establish rules, regulations, or practices. 54 Stat. 901. Terms, compensation, and penalties. NOTE. Comparable provision under part II, § 216 (b). (12) It shall also be the duty of every carrier by railroad to make just and reasonable distribution of cars for transportation of coal among the coal mines served by it, whether located upon its line or lines or customarily dependent upon it for car supply. During any period when the supply of cars available for such service does not equal the requirements of such mines it shall be the duty of the carrier to maintain and apply just and reasonable ratings of such mines and to count each and every car furnished to or used by any such mine for transportation of coal against the mine. Failure or refusal so to do shall be unlawful, and in respect of each car not so counted shall be deemed a separate offense, and the carrier, receiver, or operating trustee so failing or refusing shall forfeit to the United States the sum of $100 for each offense, which may be recovered in a civil action brought by the United States. (13) The Commission is hereby authorized by general or special orders to require all carriers by railroad subject to this part, or any of them, to file with it from time to time their rules and regulations with respect to car service, and the Commission may, in its discretion, direct that such rules and regulations shall be incorporated in their schedules showing rates, fares, and charges for transportation, and be subject to any or all of the provisions of this part relating thereto. (14) (a) The Commission may, after hearing, on a complaint or upon its own initiative without complaint, establish reasonable rules, regulations, and practices with respect to car service by common carriers by railroad subject to this part, including the compensation to be paid and other terms of any contract, agreement, or arrangement for the use of any locomotive, car, or other vehicle not owned by the carrier using it (and whether or not owned by another carrier), and the penalties or other |