spectors; 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. 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 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."

The original Act did not expressly prohibit free transportation, and it was only when such transportation constituted discrimination and was not in the exception contained in Section 22 that it was illegal.-Ex parte Koehler, 31 Fed. 315. Re Charge to Grand Jury, 66 Fed. 146.

Evils of free transportation.-First Annual Report of Int. Com. Com., 1 I. C. R. 650, 654. Not to be granted for influence. -Slater v. N. Pac. R. Co., 2 I. C. C. 359, 2 I. C. R. 243; Harvey v. L. & N. R. Co., 5 I. C. C. 153, 3 I. C. R. 793; Re Carriage of Persons Free, 5 I. C. C. 69, 3 I. C. R. 717. Land and immigration agents not entitled to free transportation.-Re Complaint of Illinois Central R. Co., 12 I. C. C. 7. Certain employees of telegraph companies may receive free or reduced transportation.-Re Railroad Telegraph Companies, 12 I. C. C. 10. Not allowed to baggage express companies.Re Exchange of Free Transportation Between Railroads and Baggage Express Companies, 12 I. C. C. 39. Rule between express and railroad companies.-Re Contracts of Express Companies for Free Transportation, 16 I. C. C. 2466. The Com

mission holds that ministers engaged in other than pastoral work may legally be accorded special transportation privileges. Re Passes to Clergymen, 15 I. C. C. 45. Act does not affect valid, subsisting contracts for free transportation.Mottley v. L. & N. R. Co., 150 Fed. 406; contra, 219 U. S. 467, 55 L. Ed. 297, 31 Sup. Ct. 265, 34 L. R. A. (N. S.) 671; Kurry v. Kansas & C. P. Ry., 58 Kansas 6, 48 Pac. 579. Express franks illegal, even to officers and employees.-United States v. Wells Fargo Express Co., 161 Fed. 606; American Ex. Co. v. United States, 212 U. S. 522, 53 L. Ed. 635, 29 Sup. Ct. 315. Contract to furnish transportation for advertising illegal. United States v. Chicago, etc., R. Co., 163 Fed. 114.

The Amendment of 1910 relating to express and telephone passes and franks is indicated by italics.

The decision in the case of United States v. Wells-Fargo Ex. Co., was rendered prior to the Amendment of 1910.

Notes of Decisions Rendered Since 1909.

Meaning of "employees on express cars" discussed.-Re Contracts for Free Transportation, 16 I. C. C. 246, 249. Evils of giving passes, even though intrastate to interstate shipper discussed.-Colorado Free Pass Investigation, 26 I. C. C. 491, 494; Montana Pass Situation, 29 I. C. C. 411; Five Per Cent case, 31 I. C. C. 351, 410. Contract for annual pass not valid. Louisville & N. R. R. Co. v. Mottley, 219 U. S. 467, 55 L. Ed. 297, 31 Sup. Ct. 265, 34 L. R. A. (N. S.) 671. Violation of law to sell a free pass to one not entitled to use it.-U. S. v. Martin, 176 Fed. 110.

See notes to Sec. 22 of Act; Sec. 617, post.

Notes of Decisions Rendered Since 1915.

Express franks unlawful.-Legality of Express Franks, 50 I. C. C. 599. Passes for caretakers of live-stock lawful.Wiley v. Grand Trunk Ry. Co., 227 Fed. 127; Tripp v. M. Cent. R. Co., 238 Fed. 449, 151 C. C. A. 385. A contract for a pass, valid when made, can be liquidated in damages.-N. Y. Cent. & H. R. Co. v. Gray, 239 U. S. 583, 60 L. Ed. 451, 36 Sup. Ct. 176. Riding on tender of interstate train by

permission of engineer violates this section.-Ill. Cent. R. Co. v. Messina, 240 U. S. 395, 60 L. Ed. 709, 36 Sup. Ct. 368.

Notes of Decisions Rendered Since 1920.

Congress has occupied field relative to granting of interstate passes to exclusion of state laws on subject.-Kansas City Southern R. R. Co. v. Van Zant, 260 U. S. 459, 67 L. Ed. 348, 43 Sup. Ct. 176. Abuses in connection with handling of private passenger-train cars reviewed and prohibited. Use of Private Passenger Train Cars, 155 I. C. C. 775.

§ 409. Excepting Cincinnati Southern Railway. Nothing contained in the Act to Regulate Commerce, approved February fourth, eighteen hundred and eighty-seven, or the Acts amendatory thereof, shall be so construed by the Interstate Commerce Commission, or by the courts, as to prevent the lessee of the Cincinnati Southern Railway from complying with its obligation assumed in leasing said railway to furnish free transportation to the trustees of said Cincinnati Southern Railway, their officers and agents. Provided, That the free transportation referred to shall be furnished only when persons entitled thereto are traveling on the business of the company.

Act of Feb. 17, 1917, Chapter 84, 39 Stat. 922, Comp. Stat. Supp. 1919, Section 8563A.

§ 410. Railroad Companies Prohibited from Transporting Commodities in Which They Are Interested, with Certain Exceptions. 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.

Paragraph (6), Section 1, of Act as added by Act June

29, 1906, changed to (8) by Transportation Act, 1920. Unconstitutional.-United States v. Delaware & H. Co., 164 Fed. 215, 22d Annual Report Interstate Com. Com. (1908) 17; Circuit court reversed and section held valid as construed by Supreme Court.-United States v. Delaware & H. Co., 213 U. S. 366, 53 L. Ed. 836, 29 Sup. Ct. 527. Does not apply to intrastate shipment.-Central Trust Co. v. Pittsburg, etc., R. Co., 101 N. Y. Sup. 837, 114 App. Div. 907.

Notes of Decisions Rendered Since 1909.

Cited as prohibiting carrier from transporting coal mined by it. Consolidated Fuel Co. v. A. T. & S. F. Ry. Co., 27 I. C. C. 554, 556. Applies to a corporation owned by the carrier when the corporation has no real independent existence, and distinguishing U. S. v. Delaware & H. Co., 213 U. S. 366, 53 L. Ed. 836, 29 Sup. Ct. 527-that facts fail to show clause applies, Campbell's Creek Coal Co. v. A. A. R. R. Co., 29 I. C. C. 682.-United States v. Lehigh Valley R. Co., 220 U. S. 257, 55 L. Ed. 458, 31 Sup. Ct. 387. Statute valid and held that hay for animals used in coal mines owned by carrier within the provision.-Delaware, L. & W. R. Co. v. U. S., 231 U. S. 363, 58 L. Ed. 269, 34 Sup. Ct. 65. The question relating to the provision not so presented as to require decision.—United States v. B. & O. R. Co., "Sugar Lighterage Case," 231 U. S. 274, 58 L. Ed. 218, 34 Sup. Ct. 75, affirming Baltimore & O. R. Co., 200 Fed. 779, Opin. Com. Ct. No. 381, 499. For decisions of Commission, see Federal Sugar Refining Co. v. B. & O. R. Co., 17 I. C. C. 40, 20 I. C. C. 200. Statute and decisions applied and questions fully discussed.-U. S. v. Delaware, L. & W. R. Co., 213 Fed. 240. See same case, United States v. D. L. & W. R. Co., 238 U. S. 516, 59 L. Ed. 1438, 35 Sup. Ct. 873. Citing and discussing the clause.-Rates for Transportation of Anthracite Coal, 35 I. C. C. 220, 248.

Notes of Decisions Rendered Since 1915.

No conflict between this section and Section 500, post.-Allowances to Kanawha, Glen Jean & Eastern, 41 I. C. C. 53, 59. Mere ownership of stock in company owning the commodity not prohibited. The Alaska Investigation, 44 I. C. C.

680, 709. The duty to enforce this clause is public.-Ketchum v. Denver & R. G. Co., 248 Fed. 106, 111.

Notes of Decisions Rendered Since 1920.

Plan of carrier to distribute oil lands, operation of which was prohibited by this section, among its stockholders held to be valid.-Venner v. S. P. Co. (C. C. A., N. Y.), 279 Fed. 832; certiorari denied, 258 U. S. 628, 66 L. Ed. 799, 42 Sup. Ct. 461. Interjection of contention that this clause violated in oral argument for first time held irrelevant.-International Harvester Co. v. N. Y. C. R. R. Co., 101 I. C. C. 89.

§ 411. Terms Under Which Switch Connections Shall Be Made. Any common carrier subject to the provisions of this Act, 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 Act, 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 section fifteen of this Act, directing the common carrier to comply with the provisions of this section in accordance with such order, and such order shall be enforced as hereinafter provided for the enforcement of all other orders by the Commission, other than orders for the payment of money.