The National tribune., 1892-01-07
THE QUESTION OF PASSES.

THE QUESTION OF PASSES.
The Interstate Commerce Commission
has been considering an important question
brought before it by Senator Chandler, as to
whether the Boston & Maine Railroad was not
violating the law in giving free passes to GER
tain persons. This the Senator claimed con-
siituted an illegal preference Ofspecial classes.
The attorney for the railroad filed brief be-
fore the Commission, in which it was admitted
that free passes were given, and the classes
Of persons who received these favOrs were
specified. The road contended that it had
the right to do this, as it was sound business
policy, the passes given being to persons who
were helpful in increasing and facilitating
the business of the road. These classes were :.
Class includes sick, necessitOus, or INDECENT
persons; in short, all cases Of charity strictly.
Class includes gentlemen like tho Hon.
James w. Bradbury, long eminent IN the pub
lie service.
Class 3 includes proprietors Of Summer hotels
and large boarding houses, cUnformably 10
practice which has long existed among the
railroads Of New England.
Class includes wives Of employees and other
immediate members Of employees families.
Class 5 includes all agents Of ice companies
and milk contractors doing business on the line
of tho Boston * Maine Railroad or any part
thereof extending between any two States;
said agents aud contractors travelling on the
lines ia the conduct Of their business.
Glass includes the higher officers Of State
in the States Of Maine, New Hampshire, Yer
mont and Massachusetts,, aud certain prominent
officers of the United States, like Collectors Of
Customs.
Class Z includes the Railroad Commissioners
Of each Of tho States Of Maine, New Hamp-
shire. Vermont and Massachusetts,.
Class includes the members of the Railroad
Committee for the time being Of the Legisla.
lures of each Of the States Of Maine, New
Hampshire, Vermont and Massachusetts,.
Class includes persons who are Trustees
under mortgages on the property Of tho cor
pOration, and who are entitled to inspect its
property by virtue of the deed or indenture
constituting them trustees.
Class TO- the schedules annexed called COM
plimentaTy, includes persons whose good will
is important to the corporation, and who so
long as the general practices OF railroads re-
mains what il nOwas, might justly take ofense,
II, in the matter Of iree transportation, they
were to receive from the Boston 1; Maine Rail
from other railroad corpOratiOns.i
The Commission went into the matter
exhaustively, aud after citing the law and
authorities in its decision, said:
Without further citation Of authority, the
construction we give 70 Section 9 of the act to
regulate commerce is that where the service
Of the carrier subject 10 the act is " like and
c0ntempOraueOus for different passenger, the
charge 10 one Of greater or less compensa-
ton than 10 another constituted unjust dis
criminatiOn and is unlawful unless the charge
Of such greater or less compensation is allowed
under the exceptions provided in Section p,
and that where the traffic is " under substan-
TALLY similar circumstances and conditions" in
other respects, il is not rendered dissimilar
within the meaning Of the statute by the fact
that such passengers hold unlike as some
times termed, unequal official social or bust
ness positions, or belong to different classes as
| they ordinarily exist in a community, are
arbitrarily created by the carrier.
This would exclude the right to give inter
state passes to certain classes specified in the
answer which included gentlemen eminent
| in the public service" "higher officers" Of
| States, prominent officers of the United
States" members Of railroad Legislative com
mittees and "persons whose goodwill IS i'm
| portant to the corporation"
1
/ named in the answer whose passes though in
| form free were free only in name. because in
/ reality there were some consideration for them,
| such as those issued TO newspaper men in ex-
change for advertising. hotel propretors, 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, the Com
mission said that the investigation would have
10 he extended 10 enable IL 10 pass a satisfactory
judgment thereon, and that to avoid the delay
which proper aud full inves cation Of these
classes would OCCASION aud in view of their
minor importance and yet perhaps greater diff
Guilty of decision, aud Of the urgency that the
defendant should be informed at this time of
the decision upon the leading question invOlve
namely the general construction Of tho statute
upon the subject of free transportation, the
| Commission concluded TO hold the case as to
such special classes Of persons for such further
| investigation as might be necessary to put il 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 set forth. thl being pursuant to prac-
tioe in other cases.