890. Through routes and rates.

The English acts gave to the Railway and Canal Commission power to establish through routes and to Parliament, on recoinmendation of the Board of Trade, power to establish through rates whenever this course was required, in order to create reasonable facilities; but this power was not included in the original Interstate Commerce Act. The Commission has often recommended that the power be granted, and this has now been done. In section 1 of the new Act, it is made the duty of every carrier subject to the provisions of the Act to establish through routes and just and reasonable rates applicable thereto. In section 4 of the Act it is provided that the Commission may, after hearing on a complaint, establish through routes and joint rates as the maximum to be charged and prescribe the division of such rates, and the terms and conditions under which such through routes shall be operated, when that may be necessary to give effect to any provision of the Act, and the carriers complained of have refused or neglected to voluntarily establish such through routes and joint rates, provided no reasonable or satisfactory through route exists; and this provision shall apply when one of the connecting carriers is a water line. The secret routing evil is met by section 2, in which it is provided that the names of the several carriers which are parties to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall 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.

TITLE I.

THE INTERSTATE COMMERCE ACTS.

CHAPTER XXVII.

CARRIAGE SUBJECT TO THE ACT.

§ 891. Provisions of the statute.

892. Amendments of 1906.

TOPIC A-EXTENT OF APPLICATION OF THE ACT.

§ 893. Effect of the act.

894. Foreign carriers and discriminations.

TOPIC B-WHAT IS INTERSTATE COMMERCE.

§ 895. What are States.

896. Nature of interstate traffic.

897. Termini within a single State, route passes through a second State. 898. Breaking continuity of interstate shipment.

899. End of the interstate transit.

TOPIC C -CONTINUOUS CARRIAGE UNDER COMMON CONTROL.

§ 900. Common arrangement.

TOPIC D-CARRIERS SUBJECT TO THE ACT.

§ 901. Kind of carrier subject to the act.

902. Carriage wholly within the State.

903. Local carrier taking part in through carriage.

§ 891. Provisions of the statute.

To what carriers applicable.-The provisions of this Act shall apply to any corporation or any person or persons engaged in the transportation of oil or other commodity,

except water and except natural or artificial gas by means of pipe lines, or partly by pipe lines and partly by railroad or partly by pipe lines and partly by water, who shall be considered and held to be common carriers within the meaning and purpose of this Act, and 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 one place in a Territory to another place in the same territory, 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 property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States 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 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 "common carrier," as used in this Act, shall include express companies and sleeping-car companies.

Railroad: meaning. 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 shall also include all switches, spurs, tracks, and terminal facilities of every kind

used or necessary in the transportation of the persons or property designated herein, and also all freight depots, yards, and grounds used or necessary in the transportation or delivery of any of said property.

Transportation: meaning.-The term " transportation" shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported; and it shall be the duty of every carrier subject to the provisions of this Act to provide and furnish such transportation upon reasonable request therefor, and to establish through routes and just and reasonable rates applicable thereto. [Interstate Commerce Act, section 1, as amended by Act of June 29, 1906, section 1.]

Railroad forbidden to deal in commodities. 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. [Interstate Commerce Act as amended by Act of June 29, 1906, section 1.]

$892. Amendments of 1906.

The new provisions of the Act of June 29, 1906, are as follows:

1. At the beginning of the section, the clause making pipe lines subject

to the provisions of the Act is new. See ante, § 43.

2. At the beginning of the second paragraph, express companies and • sleeping-car companies are included in the term common carriers."

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Express companies are common carriers at common law (ante, § 181), but were not included in the original act; only when the express business was conducted by a railroad was it subject to the Act (post, § 901). Sleeping-car companies are not carriers at common law, but are publicservice companies (ante, § 96).

3. Within the term "railroad" are included switches, tracks, and terminal facilities, and freight depots and yards. Within the term “transportation" are specifically included cars and other vehicles, irrespective of ownership or contract for their use (the former provision being merely that the term should include all instrumentalities of shipment and carriage); and it is made the duty of carriers to furnish such transportation.

4. The entire provision with regard to the carriage of commodities owned or produced by the railroads is new. See ante, Chapter X, Topic D.

TOPIC A-EXTENT OF APPLICATION OF THE ACT.

[See chapter XV as to the division between interstate and intrastate business.]

§ 893. Effect of the Act.

The entire commerce of the United States, foreign and interstate, is subject to the provisions of the act of Congress to regulate commerce. Texas & P. R. Co. v. Interstate Commerce Commission, 162 U. S. 197, 40 L. Ed. 940, 16 Sup. Ct. 666, 5 Int. Com. Rep. 405 (1896). It is intended to and does apply, not only in cases of direct injury to particular individuals or industries, but also in cases involving indirect injury to the community as a whole. Re Export and Domestic Rates on Grain, 8 I. C. C. Rep. 214 (1899). It applies to all carriers and to all cases subject to its control. It abrogates all executory contracts between carriers and shippers inconsistent with its provisions, and is not contrary to the Constitution in doing so. Kentucky & I. Bridge Co. v. Louisville & N. R. R., 1 Int. Com. Rep. 704, 715, 2 I. C. C. 162 (1888); Fitzgerald v. Fitzgerald & M. C. Co., 41 Neb. 374, 59 N. W. 838 (1894). See Haddock v. Delaware, L. & W. R. R., 3 Int. Com. Rep. 302, 4 I. C. C. 296 (1890). Similarly a provision in a charter granted by the State is controlled by the Act; and therefore the Northern Pacific Railroad Company is not exempt under its charter from the authority to regulate rates conferred on the Commission by the Act to Regulate Commerce. Raworth v. Northern P. R. R., 3 Int. Com. Rep. 857, 5 I. C. C. 234 (1891); Merchants' Union v. Northern Pacific R. R., 4 Int. Com. Rep. 183, 5 I. C. C. 478 (1892).

894. Foreign carriers and discriminations.

The provisions of the act apply to foreign as well as domestic common carriers engaged in the transportation of passengers or property, for a