Las Vegas free press. (East Las Vegas, N.M.) 1891-1???, 1892-01-06
INTERSTATE COMMERCE DECISION ON
PASSES.

The Interstate Commerce commits.
sion has announced its decision in
the railroad pass case. The Boston 81
Maine railroad company in its answer
stated that it was in the habit of Civ
ing passes as a business feature of
its administration to numerous classes
of persons, which it specified in the
answer.
This concession imposed upon the
commission the duty of giving con-
struction to the act to regulate COM
merce in respect to the right of a
railroad company to give interstate
passes to such classes of persons.
The commission met the question
squarely, and in an opinion discusses
the statute and cites authorities at
some length and concludes that
branch of the case in these words:
"Without further citation of auth
ority the construction we give to
section 2 of the act to regulate com.
merce is that where the service of
the carrier subject to the act is like
and contemporaneous' for different
passengers, the charge to one of
greater or less compensation than to
another constitutes unjust discrim-
nation and is unlawful, unless the
charge of such greater or less COM
pensation is allowed under the ex-
ceptions provided in section %; and,
that where the traffic is under sub
stantially similar circumstances and
conditions in other respects it is not
rendered dissimiliar within the mean
ing of the statute by the fact that
such passengers hold unlike, or, as it |
is sometimes termed, unequal official,
social or business positions, or belong
to different classes as they ordinarily
exist in a community or are arbitrarl-
ly created by the carrier"
This would exclude the right to
give interstate passes to certain class
es specified in the answer, which in
cludes gentlemen eminent in the
public service" higher officers of
states, "prominent officers Of the
United States" members of railroad
legislative committees, and persons
whose good will is important to the
corporation"
"There were other classes of pass
holders named in the answer whose
passes, though in form free, were
rec only in name, because in reality
here were some considerations for
hem, such as those issued TO news
paper men in exchange for advertis-
ng; to hotel propreters, ice-dealers
md milk-dealers, and to some other
PERSONS who are claimed to stand ON
pecial grounds of right. As to
hese classes of persons, the commits
Toner said that the investigation
you'd have to be extended to enable
to pass a satisfactory judgment .
herecn, and that TO avoid the delay
which Hrpper and full investigation
f these classes would occasion, and
n view of their minor Importance
nd perhaps greater difficulty of de- (
ision, and of the urgency that the
efendant should be informed at this
ime of the decision upon the lead
ng question involved, namely, as to
be general construction of the stat
te.upon the subject of free trans
ortation, the commission concluded
D hold the case as to such special
lasses of persons for such further
lvestigation as might be necessary
} put it in full possession of all the
acts before finally passing upon
hem, and in the meantime to issue
n order applicable to the classes
rst named, in accordance with the
of the law as get forth,
ais being pursuant TO practice in