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, 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 dend 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.

Unjust dis. crimination defined and forbid

un

erence advan

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 reasoduler particular person, company, firm, corporation, or locality, tage forbidder 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.

Facilities for Interchange of

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 re- traffic. ceiving, forwarding, and delivering of passengers and property to and from their several lines and those con

between con

bidden.

necting therewith, and shall not discriminate in their Discrimination rates and charges between such connecting lines; but this necting lines forshall 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,

Long and short under substantially similar circumstances and conditions,

haul provision.

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 receive as great compensation for a

shorter as for a longer distance: Provided, however, That

Commission upon application to the Commission appointed under the has authority to relieve carriers provisions of this Act, such common carrier may, in tion of this sec special cases, after investigation by the Commission, be

from the opera

tion.

freights and di

authorized to charge less for longer than for shorter distances for the transportaton 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 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 com

Pooling of mon carrier or carriers for the pooling of freights of vision of earn- different and competing railroads, or to divide between

ings forbidden.

posting of sched

fares and charges

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. (Amended March 2, 1889. Following section substituted June 29, 1906.) That every common carrier subject to the provisions of this Act shall file with the Commission created by this Act and print and keep open to public inspection schedules showing all the rates, fares, and charges for transportation between different points on its own route and between points on its own route and points on the route of any other carrier by railroad, by

Printing and pipe line, or by water when a through route and joint rate ules of rates, have been established. If no joint rate over the through including rules route has been established, the several carriers in such affecting the through route shall file, print, and keep open to public age, and termi inspection, as aforesaid, the separately established rates,

and regulations

same, icing, stor

nal charges, and

freight class fares and charges applied to the through transportation,

:

The schedules printed as aforesaid by any such common carrier shall plainly state the places between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately all terminal charges, storage charges, icing charges, and all other charges which the Commission may require, all privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the service rendered to the passenger, shipper, or consignee. Such schedules shall be plainly printed in large type, and copies for the use of the public shall be kept 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 public and can be conveniently inspected. The provisions of this section shall apply to all traffic, transportation, and facilities defined in this Act.

Printing and ules of rates on through a for

Any common carrier subject to the provisions of this Act receiving freight in the United States to be carried posting of schedthrough a foreign country to any place in the United freight carried States shall also in like manner print and keep open to eign country. public inspection, at every depot or office 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 accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States the through rate through rates. 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 customs duties as if said freight were of foreign production.

No change shall be made in the rates, fares, and charges or joint rates, fares, and charges which have been filed and published by any common carrier in compliance with the requirements of this section, except after thirty days'

Freight subject to customs duties in case of failure to publish

Thirty days'

public notice of must be given,

notice to the Commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed 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: Provided, That the Commission may, in its discretion and for good cause shown, allow changes upon

Commission less than the notice herein specified, or modify the requiremay modify requirements of ments of this section in respect to publishing, posting,

this section.

Joint tariffs must specify

and filing of tariffs, either in particular instances or by a general order applicable to special or peculiar circumstances or conditions.

The names of the several carriers which are parties to names of carriers any joint tariff shall be specified therein, and each of the Evidence of con- parties thereto, other than the one filing the same, shall

participating.

currence.

Coples of contracts, agree

rangements

re

file with the Commission such evidence of concurrence therein or acceptance thereof as may be required or approved by the Commission, and where such evidence of concurrence or acceptance is filed it shall not be necessary for the carriers filing the same to also file copies of the tariffs in which they are named as parties.

Every common carrier subject to this Act shall also file ments or ar with said Commission copies of all contracts, agreements, iating to traffic or arrangements with other common carriers in relation with Commis to any traffic affected by the provisions of this Act to

must be ford

sion.

may prescribe

ules.

which it may be a party.

Commission The Commission may determine and prescribe the form forms of sched in which the schedules required by this section to be kept open to public inspection shall be prepared and arranged and may change the form from time to time as shall be found expedient.

No carrier shall engage in trans

No carrier, unless otherwise provided by this Act, shall portationnd mass engage or participate in the transportation of passengers lishes rates,fares, or property, as defined in this Act, unless the rates, fares,

and charges thereon.

and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this Act; nor shall any carrier charge or

not to be devi

demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, Published rates fares, and charges which are specified in the tariff filed ated from. and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares, and charges so specified, nor extend to any shipper or person any privileges or facilities in the transportation of passengers or property, except such as are specified in such tariffs: Provided, That wherever the word "carrier" occurs in this Act it shall be held to means mon carrier." mean "common carrier."

"Carrier"

"com

expedition of in ume of war.

That in time of war or threatened war preference and Preference and precedence shall, upon the demand of the President of the military traffic United States, be given, over all other traffic, to the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic.

SEC. 7. That it shall be unlawful for any common carrier subject to the provisions of this Act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights 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 ship- Continuous

ment 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.

SEC. 8. That in case any common carrier subject to the provisions of this Act shall do, cause to be done, or permit to be done any act, matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any Act, matter, or thing in this Act required to be done, such

carriage

freights

of from place of ship

ment to place of

destination.