The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-10-01
INTERSTATE Onm
FRtt / AS>kS

/ road Commission Act lrNct III 'hh' nv
/ North Carolina act adds "a y raGrap"
mn king il punishable by hre or nor
loss thnn 81 900. nor M r. th9n ~ 10
for each and every offence.o IN" dee =
s;ms of the Interstate commissions
comnosed of FIVE eminent lawyers. anu
presided over by Judge /. NJ 100 e!'
outhor of Constitutional Limitations :
of especial interest. S.nce Jug X hH-
sons recent charge to the grand jury of
Wake MS to free passes.
We have had synopsis of these dee.
SONS made aud present them below.
In Harvey vs.. ouisvi and NASH
Vile Railroad. n C. c. r.. is sad:
n he Fundamental and prevail ing l'ur-
pose of the law tSec. 22) Is equa l'y If
treatment. 1t assures that railroads
are engaged in II pul lie sAr;'cP ana re-
ou:res that service to he inn l1t:aiiy rem
dered. 1t asserts the right of every
CITIZEN to use the agencies which the
carrier provides on equal terms with al
his fellows end fr1s IN irv"son " thtt
r'ght in every nnaufhorlzrd eN"mp' ION
FROM char~es oo",mop'v imposed y"
martial ) ems more od:ous r inle els
ble than that which nrcnr's to neryon
al influence or ruhlc station privileges
not enjoyed by the ruhl'c ut large. IT,
free carriage Of certain persors me ely
because they occupy official positions ar
have acquired some measure Of distine-
tion offends the rudcst conceptions of
eouality and contravcnos Ike the no.
lev and the provisions of the statute. The
practice is illegal. It is ordered that
the defendant cease and d"sst from
granting free posses or otherwise fur
nishing free passes ove~ in'ar-statn lines
excert rs permitted nv Soct'on 90 { o.,
to all excent rni'rond officers end en-
nloves.l Tho opinion was filed on II
h ehrrarv. 1899.
Tn Criffee VS.. p. r. from Noh-"ska.
Q Infer &. Com. Pen. 1914 decided n
1888. II is said: "Tt is On offence under
the law for rnilro"d comnany IN
charge. demand. collect or re"oive from
some person or PERSONS n condensation
for like service ~-heo no~o e oo-to",-
porn reousIv ch"r~ea or rooe'v"d from
another person transported free
Tn Slater VS.. r. r.. 2 G. G. r.. il s
sad. "Free TRANSPORTATION hy On IN
mol nass to n nnrson not in tho regular
and stated service of the carrier. nor
receiving any wapes or s"lary under =
contract Of emnloyment but r"uuesipd
nv him as compensation for throwing IN
its wav what business he conveniently
conld. is Illegal"
In re- Pa1~ccd Dates of u and NJ r.
P.5T. G. G.. r.. it is sid: ''rNe Stat"t"
WIS urdourt d'y fram d t prch hit mass
es or free transrort" Of po"sorS aS
ore of the forms Of unjust d;scrimina-
tinn. favaritism and misuse Of cn"nnr-
ate movers that bod grown i"tn an abuse
of lar~e prororti"ps and become de-
moraliziro IN 'ts inauonco and detrimen-
tai To rai'roods both IN loss IF rovonue
ard nrovoking nuh'ic hoS.il;tv THE dis
crim;nat;on is enual'y unjust vh"thor the
free TRANSFORMATION 10 nornnlimnntarv or
to did eorre -erSon's husirpss or for some
supposed Indirect advortego to the car-
rior The ahnsa chould not he cnnt;n-
nod or new ones devised urdor cover If
ary Discretion left RI tho carr;or" 70
fnrrinc m Snct;on 90 fcontion Ok of tho
North CaroIina Actl tho eamo nn'rion
savs: "Tho classos NJ rnrSnns that m"y
have redunnd rntes froo corr'""a ore
thus cn-efullv snoc'6ed in tho ctctrta
and thn;r enur'nration necessarily px-
clu1es oil others"
IN Fv Porto Toehlar y r n p
317. Judoe De"dv 1er:dnd that Tho oct
forhids the iscue ~ frno m ~ fomi-
lies of the rairond Officer or emnlnve.
In 5 I. C. G. r. 80 it is pointedly
said 1.-THE practice of the defendant rail-
road company in giving free trarsnorte-
ton to gentlemen long eminent in the
pnhlio service" or higher officers of
the States and prominent officials Of the
United States.' members of leg sla-
tive railroad committees" ''pcrsops
whose good will is imnortant to the cor
poration," is unwarranted unless tine
favored person also comes under some
exception enecifed in section Do fSecticn
% Of North Carolina acD of the Act to
regulate commerce."
In 81 C. G. Y. 2f2 II is said "rar-
riers can reward persons not in their
stated and regular employment for ocra-
sonal services. or for benefits indirectly
received in other and better ways thau
by furnishing them with free transnortn-
ton. The evils in the unrestricted en-
ployment of free passes by common car
riers had grown so great and had ha-
come so apparent-that it was deemed
absolutely necessary by Congress to er,i-
icate the whole system in order to nut
an end to the abuses which had grown
beyond the limits of any other regulation
or control"
In 81. G. G. r. 300 it is said: "The
statute undoubtedly was framed to pro-
hibt passes or free transportation OF per-
sons. as one Of the forms Of uninst dis
elimination. favorit:sm. and misuse or
corporate powers that had grown into an
abuse Of large proportions and become
demoralizing in its influence and detri-
mental to railroads. both in loss Of rev
enue and in provoking public hostility.
| One of the minor and meaner phases OF
| this abuse is the distinctive preference
shown in various ways by employees. hotn
in service and civility to holders of pass
es. ms IL discrimination by free carriage
includes discrimination in treatment of
passengers. 1t was well known that per-