The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-01-01
DEADHEADS ON TIE RAIL
THE INTERSTATE COAINls sIONERS
IN TEE MAINE CASs.

Certain Glasses Named by the Rail-
road Apt to be Allowed to Ride
Free as the Passes are Issued In Ex-
change for a Valuable Oonsidera-
tion-Other Classes to be Shut Out.
WASHINGTON, Dec. 81.-In its answer to
the complaint laid before the interstate
commerce commission the Boston and
Maine Railroad Company stated that it
was in the habit of giving passes as busi-
ness feature Of its administration to numer-
Gus classes Of persons, which IL specified in
its answer. This concession imposed upon
the commission the duty Of giving construc-
tion to the act to regulate commerce In re.
spect to the right of a railroad company to
give interstate passes to such classes Of
persons.
THE COMMISSIONS DECISION.
The commission met the question squarely
and concluded long review of the statute
and authorities in these words: with
out further citation of authority, the con-
struction we give to section 2 Of the act 20
regulate commerce is that where the serv-
ice Of a carrier subject to the act
ia like and contemporaneous' for diff
ferent passengers, the charge to one
of greater or less compensation than to
another constitutes unjust discrimination
and IS unlawful, unless the charge of such
greater or less compensation is allowed
under the exceptions provided in section %;
and that where traffic Is under subssan-.
TALLY similar circumstances and conditions
in other respects, 1t is not rendered dis
similar within the meaning of
the statute by the fact that such passengers
hold unlike, or as sometimes termed, un-
equal official, social or business positions, or
belong TO different classes as they ordinarily
exist in a community, or are arbitrarily
created by carrier"
CERTAIN GLASSES EXCLUDED.
This would exclude the right to give in
terstate passes to certain classes specified
in the answer, which, Included gentlemen
eminent in the public service" "higher
officers OF state, prominent officers OF the
United States, members of railroad legis-
lauye committees" and persons whose
good wlll is important TO the corporation"
There were other classes OF passholders
named in the ans Ner. whose passes, though
in form free, were free only in name, be-
cause in reality there was some considera-
tion for them, such as those issued TO news-
paper men In exchange for advertising, to
hotel proprietors, ice dealers and milk deal
ers, ard to some other persons who are
claimed to stand on a special ground Of
right.
THE INVESTIGATION TO BE EXTENDED.
As to these classes of persons, the COM
mission said that the investigation would
have to be extended to enable 1t to pass sat-
isfactory judgment thereon, and that to
avoid the delay which proper and fun in-
vestigation Of these classes would occasion,
and in view OF their minor
Importance and yet perhaps greater
difficulty Of decision, and OF the urgency
that the defendant should be informed at
this time Of the decision upon the leading
question involved, namely the general con-
struction Of the statute upon the subject of
free transportation, the commission con-
cluded to hold the case as to such special
classes of persons for suoh further
investigation as might be neces-
sary TO put it in full possession of all the
facts before finally passing upon them, and
in the meantime to issue an order applicable
to the CLASSES first named in accordance
with the construction Of the law as set
forth, this being pursuant to the practice in
other cases.