The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-01-01
PASSES MUST NOT BE GIVEN
To State and Federal officials and
Members of Legislative Committees.
1t May Be Improper for Railroads to Pass Free
Other Persons. but the Interstate Commits
sion Is Not Yet Prepared TO Decide.

WASHINGTON. Dec. 31.-The Interstate
commerce Commission to-day announced
its decision in the railroad pass case. The
Boston & Maine Railroad Company. in It's
answer stated that it was in the habit of
giving passes as business feature of its
administration to numerous classes of per-
sons, which it specified in the answer as
follows: -
Class includes SICK necessitOus or INDECENT
persons: in short, all cases OF charity strictly
Class includes gentlemen like Hon. James N.
Bradbury, long eminent IN the public service.
Class Includes proprietors OF summer hotels
and large boarding houses, eonformable to o
practice which has long existed among the rail-
roads of New England.
Class includes wives of employees and other
immediate members af employees families.
Class ) includes all agents OF ice companies
and all milk contractors doing business on the
line of the Boston n Maine railroad. or any part
thereof, extending between any two states; said
agents and contractors travelling on the lines In
the conduct of their business
Glass includes the higher officers of State in
the States of Maine. New Hampshire. Vermont
and Massachusetts, and certain prominent OIL
GERS of the United States Ike collectors OF Gus
toms.
Glass 2 includes the Railroad Commissioners of
each of the States of Maine, New Hampshire
Vermont and Massachusetts.
Class includes the members of the railroad
committee for the time being OF the LegisatIres
Vermont and Massachusetts,
Class includes persons who are trustees
under MORTGAGES on the properly OF the corpor-
alton, and who are entitled to inspect its prop.
erty by virtue of the deed or indenture constitut
ing them trustees.
Class lO-The schedules annexed, called COM
pliInentary. includes persons whose good will is
important to the corporation, and who, so long
as the general practice OF railroads remains what
IL now is might Justly take oense II, In the mat
ter of free TRANSPORTATION, they were receive
from the Boston i Maine railroad different
treatment frola tnat received iioin railroad
corporations.
This confession imposed upon the COM
mission the duty of giving construction to
the act to regulate commerce in respect to
the right of railroad company to give in
terstate passes to such classes OF persons.
The commission met the questions 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 au-
thority, the construction we give to Section
of the act to regulate commerce is that.
whore the services OF the carrier. subject to
the act, is like and contemporaneous' for
different passengers, the charge to one of q
greater or less compensation than to
another constituted unjust discriminate
and is unlawful, unless the charge of such
greater or less compensation ia allowed nm
and that where the traffic is under sub
stantially similar circumstances and cOndi-
tlons. In other respects, 10 is not rendered
dissimilar within the meaning of the statute
by the fact that such passengers hold
unlike. or as sometimes termed, unequal
official social or business positions, or he
long to different classes as they ordinarily
exist in a community, or are arbitrarily
created by the carrier"
This would exclude the right to give in
teratate passes to certain classes specified
In the answer. which includes gentlemen
eminent In the public service, higher otii-
GERS OF states, prominent officers of the
United States. members of railroad legs-
latiye committees, and persons whose
good will is important to the corporation"
There were other Glasses of pass soldiers
named IN the answer. whose passes, though
IN form free, were free only in name, be-
cause In reality there WAS some considers
tion for them, such as those issned TO news
paper men in exchange for advertising, to
motel proprietors, ice-dealers and milk
dealers. and to some other persons who are
claimed TO stand on special ground of right
As to these classes of persons tho commis-
sion said that the investigation would
have to be extended to enable 1t to
pass satisfactory Judgment thereon. and
that to avoid the delay which proper end
full investigation of these classes would
occasion, and In view of their minor i'm
p0rtance and yet perhaps greater difficulty
OF decision. and of the urgency that the
defendant should be informed at this time
of the decision npon the leading question
involved, namely, of the general cOustruc-
tion of the statute upon the subject of free
transportation. the commission concluded
to hold the case to such special classes of
persons fer such further Investigation as
might be necessary to put il in full posses
sian 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 construc-
ton OF tha law as set forth, this being
pursuant to practice in other cases.