Page images
PDF
EPUB

tablishment and maintenance thereof, and may in like manner upon the application of the railroad corporation, order the discontinuance of such switch connection.

1910, ch. 180, sec. 15.

427. Every common carrier shall file with the commission having jurisdiction, and shall print and keep open to public inspection, schedules showing the rates, fares and charges for the transportation of passengers and property within the State between each point upon its route and all other points thereon; and between each point upon its route, and all points upon every route leased, operated or operated or controlled by it; and all points upon the route of any other common carrier, whenever a through route and joint route shall have been established or ordered between any two such points. If no joint rate over the through route has been established, the several carriers in such through route shall file, print and keep open to public inspection, as aforesaid, the separately established rates, fares and charges applied to the through transportation. The schedules printed as aforesaid shall plainly state the places between which property and passengers will be carried, and shall also contain the classification of passengers, freight or property in force, and shall also state separately all terminal charges, storages, icing charges, and all other charges which the commission may require to be stated, all privileges or facilities granted or allowed, and any rules or regulations which may 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; copies thereof for the use of the public shall be kept posted in public and conspicuous places in depots, stations and offices of every common carrier where passengers or property are received for transportation, in such manner as to be readily accessible to and conveniently inspected by the public wherever and whenever so ordered by the commission. The form of every such schedule shall be prescribed by the commission, and shall conform as nearly as possible to the form of schedule required by the Interstate Commerce Commission under the Act of Congress en

titled "An Act to Regulate Commerce," approved February the fourth, one thousand eight hundred and eighty-seven, as amended by the Act approved June twenty-ninth, one thousand nine hundred and six, and other amendments thereto. The commission shall have power, from time to time, at its discretion, to determine and prescribe by order such changes in the form of such schedules as may be found expedient.

Unless the commission otherwise orders, no change shall be made in any rate, fare or charge, or joint rate, fare or charge, which shall have been filed and published by a common carrier in compliance with the requirements of this sub-title, except after thirty days' notice to the commission and publication for thirty days, as required by Section 437, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rate, fare or charge will go into effect; and all proposed changes shall be shown by printing, filing and publishing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. The commission, for good cause shown, may allow changes in rates without requiring the thirty days' notice and publication herein provided for, by duly filing and publishing in such manner as it may direct, an order specifying the change so made and the time when it shall take effect; all such changes shall be immediately indicated upon its schedules by the common carrier.

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.

Every common carrier shall file with the commission sworn copies of every contract, agreement or arrangement with any other common carrier or common carriers relating in any way to the transportation of passengers, property or freight.*

* Public Service Commission vs. Northern Central Ry., 122 Md. 355.

1910, ch. 180, sec. 16.

428. No common carrier shall, directly or indirectly, by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person or corporation a greater or less compensation for any service rendered or to be rendered in the transportation of passengers, freight or property, except as authorized in this sub-title, than it charges, demands, collects or receives from any other person or corporation for doing a like and contemporaneous service in the transportation of a like kind of traffic under the same or substantially similar circumstances and conditions.

No common carrier shall make or give any undue or unreasonable preference or advantage to any person or corporation, or to any locality, or to any particular description of traffic in any respect whatsoever, or subject any particular person or corporation, or locality, or any particular description of traffic to any prejudice or disadvantage in any respect whatsoever.

No common carrier subject to the provisions of this sub-title shall after the first day of November, one thousand nine hundred and ten, engage or participate in the transportation of passengers, freight or property between points within the State until its schedules of rates, fares and charges shall have been filed and published in accordance with the provisions of this sub-title. No common carrier shall charge, demand, collect or receive a greater or less or different compensation for transportation of passengers, freight or property, or for any service in connection therewith, than the rates, fares and charges applicable to such transportation as specified in its schedules filed and in effect at the time; nor shall any such common carrier refund or remit in any manner, or by any device, any portion of the rates, fares or 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 regularly and uniformly extended to all persons and corporations under like circumstances. No common carrier subject to the provisions of this sub-title shall, directly or indirectly, issue or give any free tickets, free pass or free transportation for passengers or property between points within this State, except to its officers, employees, agents, pensioners, surgeons, physicians, attorneys

at-law and their families; to ministers of religion, inmates of hospitals, charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynary work; and to indigent, destitute and homeless persons, and to such persons when transported by charitable societies or hospit als, 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 caretakers in transit; to employees of sleeping-car companies, express companies, telephone and telegraph companies doing business along the line of the issuing carrier; to railway mail ser vice employees, post-office inspectors, custom inspectors, and immigration inspectors; to newsboys on trains, baggage agents; persons injured in accidents or wrecks, and physicians and nurses attending such persons; to the carriage, free or at re- · duced rates, of persons or property for the United States, State or municipal governments, or of the property to or from fairs and expositions for exhibit thereat; or the transportation, free, of any property as is provided by law. Nothing in this subtitle shall be construed to prohibit the interchange of free or reduced transportation between common carriers of or for their officers, agents, employees, attorneys and surgeons and their families, nor to prohibit any common carrier from carrying passengers or property free with the object of providing relief in cases of general epidemic, pestilence or other calamitous visitation; nor to prohibit any common carrier from transporting persons or property as incident to or connected with contracts for construction, operation or maintenance, and to the extent only that such through transportation is provided for in the contract for such work; nor to prevent any common carrier from transporting children under five years of age free.

Provided, further, that nothing in this sub-title shall prevent the issuance of mileage, excursion, school commutation or commutation passenger tickets, or half-fare tickets for the transportation of children under twelve years of age, or joint interchangeable mileage tickets, with special privileges as to the amount of free baggage that may be carried under mileage tick

ets of one hundred miles or more. But before any common carrier, subject to the provision of this sub-title, shall issue any such mileage, excursion, school commutation, commutation passenger tickets, half-fare tickets, or joint interchangeable mileage ticket, with special privileges as aforesaid, it shall file with the commission copies of the tariffs of rates, fares or charges on which such tickets are to be based, together with the specifications of the amount of free baggage permitted to be carried under such joint interchangeable mileage ticket, in the same manner as common carriers are required to do with regard to other rates by this sub-title.*

1912, ch. 734, sec. 428A.

428A. Any person or persons, or any corporation running or using steamboats in the excursion business from the City of Baltimore to any place or places within the State of Maryland, shall be permitted to give transportation between said places in exchange for services rendered in advertising said excursion business. This Act to apply only during the months of May, June, July and August of each and every year.

1910, ch. 180, sec. 17.

429. No common carrier or any officer or agent thereof, or any person acting for or employed by it, shall assist, suffer or permit any person or corporation to obtain transportation for any passenger, freight or property between points within this. State at less than the rates then established and in force in accordance with the schedules filed and published in accordance with the provision of this sub-title, and the order of the commission, by means of false billing, false classification, false weight or weighing, or false report of weight, or by any other device or means. No person, corporation, or any officer, agent or employee of a corporation who shall deliver freight or property for transportation within the State to a common carrier shall seek to obtain, or obtain transportation for such property at less than the rates then established and in force therefor, as aforesaid, by false billing, false or incorrect classification, false

* Smith vs. Northern Central Ry. Co., 119 Md. 481, pertains to section 428 and to all succeeding sections up to and inclusive of Section 440. Public Service Commission vs. Northern Central Ry. Co., 122 Md. 355, 372.

« ՆախորդըՇարունակել »