reverse directions found justified on hosiery.-Hosiery from Southern Points, 156 I. C. C. 117. Reduced rates on pig iron disapproved. Pig Iron from Southern Points, 159 I. C. C.

671.

§ 406. Classification of Telegraph, Telephone and Cable Messages. Provided, that messages by wire or wireless 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.

Proviso to paragraph (5) of Section 1, Interstate Commerce Act as amended by Transportation Act, 1920. The former section read: 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.

Added to Section 1 by Amendment of June 18, 1910.

Classification must be initiated by the carrier.—White v. W. U. Tel. Co., 33 I. C. C. 500. Provision for limited liability valid.-Western Union Tel. Co. v. Compton (Ark.), 169 S. W. 946; contra, Bailey v. Western Union Tel. Co., 171 S. W. 839. State laws relating to delivery of telegrams superseded by Act.-Norfolk Truckers Exchange v. Western Union Tel. Co., 82 S. E. 92; W. U. Tel. Co. v. First National Bank, 83 S. E. 424.

Rule that misquoting a rate does not relieve from payment of correct rate does not apply to telegraph companies.-Higbee v. W. U. Tel. Co., 179 Mo. App. 195, 166 S. W. 825.

Notes of Decisions Rendered Since 1915.

Telephone calls may be classified.-Malone v. New York Tel. Co., 40 I. C. C. 185. Section construed.-Unrepeated Message Case, 44 I. C. C. 670. Discrimination condemned.Commercial Cable Co. v. Western Union Tel. Co., 45 I. C. C. 33. "Wholesale theory" not applicable to common carriers of messages.-Private Wire Contracts, 50 I. C. C. 731. Provision. for notice of claim for damages valid.-Gardner v. Western Union Tel. Co., 231 Fed. 405. Congress having taken possession of the field, a state may not prescribe a penalty for the negligent failure to deliver an interstate telegram.-W. U. Tel. Co. v. Boegli, 251 U. S. 315, 64 L. Ed. 281, 40 Sup. Ct. 167.

Notes of Decisions Rendered Since 1920.

Limitations of liability in transmission of telegraph messages considered and rules relative thereto approved and prescribed. Limitation of Liability in Connection with Transmission of Telegraph Messages, 61 I. C. C. 541. These rules did not apply retroactively.-Western Union Tel. Co. v. Czizele, 264 U. S. 281, 68 L. Ed. 682, 44 Sup. Ct. 328. Telephone companies not required to file tariffs with Commission. -Huntington Engineering Co. v. C. & P. Tel. Co., 112 I. C. C.

377.

§ 407. Classifications, Regulations and Practices Must be Reasonable. It is hereby made the duty of all common carriers subject to the provisions of this Act to establish, observe, and enforce just and reasonable classifications of property for transportation, with reference to which rates, tariffs, regulations, or practices are or may be made or prescribed, and just and reasonable regulations and practices affecting classifications, rates, or tariffs, the issuance, form, and substance of tickets, receipts, and bills of lading, the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, the carrying of personal, sample, and excess baggage, and all other matters relating to or connected with the receiving, handling, transporting, storing, and delivery of property subject to the provisions of this Act which may be necessary or proper to secure the safe and prompt receipt, handling, transportation, and delivery of property subject to

the provisions of this Act upon just and reasonable terms, and every unjust and unreasonable classification, regulation, and practice is prohibited and declared to be unlawful.

Paragraph (6) of Section 1, Interstate Commerce Act, as amended by Section 400 Transportation Act, 1920. The only change this Amendment made was to strike from the former section "such" before "unjust and unreasonable" third line from end of section, and before "is prohibited" in the last line to strike the words "with reference to commerce between the states and with foreign countries;" striking out this language from the former section, which section was added by the Commerce Court Act, shows that Congress intended to recognize the power of the Commission over intrastate rates which might unduly prejudice shippers paying interstate rates.

Section quoted in considering the character of cars furnished. Southwestern Mo. Millers Club v. St. L. & S. F. R. R. Co., 26 I. C. C. 245, 249. Quoted in reference to baggage shape and dimensions.-Regulations Restricting the Dimensions of Baggage, 26 I. C. C. 292, 293. Classification a public function, principle of, discussed.-Suspension of Western Classification, 25 I. C. C. 442; Western Trunk Line Rules, 34 I. C. C. 554. Consolidation of major classifications of country into one publication with uniform rules, commodity descriptions and packing requirements reviewed and approved.— Consolidated Classification Case, 54 I. C. C. 1. Generally the classification imposes the highest rate which a particular commodity should bear under normal conditions. Chevrolet Motor Co. v. C. & A. R. R. Co., 109 I. C. C. 462.

§ 408. Free Services with Certain Exceptions Prohibited and Penalties Prescribed.-No common carrier subject to the provisions of this Act shall, after January first, nineteen hundred and seven, directly or indirectly, issue or give any interstate free ticket, free pass, or free transportation for passengers, except to its employees and their families, its officers, agents, surgeons, physicians, and attorneys-at-law; to ministers of religion, traveling secretaries of railroad Young Men's Christian Associations, inmates of hospitals and charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynary work; to

indigent, destitute and homeless persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors' Homes, including those about to enter and those returning home after discharge; to necessary care takers of live stock, poultry, milk and fruit; to employees on sleeping cars, express cars, and to linemen of telegraph and telephone companies; to railway mail service employees, postoffice inspectors, customs inspectors, and immigration inspectors; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the common carrier is interested, persons injured in wrecks and physicians and nurses attending such persons: Provided, That this provision shall not be construed to prohibit the interchange of passes for the officers, agents, and employees of common carriers, and their families; nor to prohibit any common carrier from carrying passengers free with the object of providing relief in cases of general epidemic, pestilence, or other calamitous visitation:

And provided further, That this provision shall not be construed to prohibit the privilege of passes or franks, or the exchange thereof with each other, for the officers, agents, employees and their families of such telegraph, telephone, and cable lines, and the officers, agents, employees and their families of other common carriers subject to the provisions of this Act.

Provided further, That the term "employees" as used in this paragraph shall include furloughed, pensioned, and superannuated employees, persons who have become disabled 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 person 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.

Paragraph (5) of Section 1 of Act added by Act of June 29, 1906, and as further amended by Acts April 13, 1908, and June 18, 1910, which later Act amended the section by adding part in italics.

The Transportation Act, 1920, changed the number of the paragraph to (7).

Paragraph (4) of Section 1 of the Act of June 29, 1906, read as follows:

"No common carrier subject to the provisions of this Act. shall, after January first, nineteen hundred and seven, directly or indirectly, issue or give any interstate free ticket, free pass, or free transportation for passengers, except to its employees and their families, its officers, agents, surgeons, physicians, and attorneys-at-law; to ministers of religion, traveling secretaries of railroad Young Men's Christian Associations, inmates of hospitals and charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute and homeless persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers and of Soldiers' and Sailors' Homes, including those about to enter and those returning home after discharge and boards of managers of such homes; to necessary care takers of live stock, poultry and fruit; to employees on sleeping cars, express cars, and to linemen of telegraph and telephone companies; to railway mail service employees, postoffice inspectors, customs inspectors and immigration in