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APPENDIX TO PART 11. TRUST LAWS.—AOT TO REGULATE COMMERCE (AS AMENDED) AND ACTS SUPPLEMENTARY THERETO (1887-1903). The Act to begulate Commerce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, — Tbat the provisions of this Aot shall apply to any common carrier or carriers engaged in the transportation of passengers 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 adjacent 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 pioperty shipped from any place in the United States to a foreign oountry and carried from such place to a port of transhipment, or shipped from a foreign country to any place in the United Sates 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 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. All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of suoh property, shall c reasonable and just; and every unjust and unreasonable charge for suoh service is prohibited and declared to be unlawful. Sec. 2. 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, colleots, 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 traffio 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. Sec. 3. That it shall be unlawful for any 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 whatsoever, or to subject any particular 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, aocording to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffio 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 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 engaged 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 authorising any common carrier within the terms of this Aot to charge and receive as great compensation for a shorter as for a longer distance : Provided, 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 authorised 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 suoh 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 oontract, agreement, or combination with any other oommon 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 offence. Sec. 6. (As amended, 2nd March, 1589.) That every oommon carrier subjeot to the provisions of this Aot shall print and keep open to public inspection sohedules showing the rates and fares and charges for the transportation of passengers and property which any such common carrier has established and which are in force at the time upon its route. 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, and shall also state separately the terminal charges and any rules or regulations which in any wise ohange, affect, or determine any part or the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type, and copies for the use of the public shall be posted in two public and conspicuous places in every depot, station, or office of such carrier where passengers or freight respectively are received for transportation, in such form that they shall be accessible to the publio and 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 open to publio inspection at every depot or office where such freight is received for shipment sohedules showing the through rates established and charged by such oommon carrier to all points in the United States beyond the foreign country to which it aocepts freight for shipment; and any freight shipped from the United States through a foreign oountry into the United States the through rate on which shall not have been made public as required by this Aot shall before it is admitted into the United States from said foreign oountry be subject to Customs duties as if said freight were of foreign production ; and any law in oonfliot 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 seotion, 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 open to public inspection. Reductions in such publinhed rates, fares, or charges shall only be made after three days' previous public notice, to be given in the same manner that notice of an advanoe in rates must be given. And when any suoh 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 suoh common carrier to oharge, demand, oollect, or receive from any person or persons a greater or lees 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 file with the Commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the requirements of this seotion, and shall promptly notify said Commission of all changes made in the same.
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