The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1897-10-05

The opinion was flied on Feb 10, 1892.
In G:ifee VS. R r. from Nebraska,
2 Inter State Com. Rep. 1914, decided in
1888, it is said 1T is an cffance under
toe law for q railroad company to
charge, demand, collect or receive
from some person or persons a com
pensation for a like service when none
Is cotemporaneously charged or re,
ce1ved from another person transported
free"
In Slater VS.. R. R, I. @. Q. R. it is
said Free transportation by an annual
pass to q person not in the regular and
! stated service of the carrier, nor re-
ceiving any wages or salary under a
| contract of employment, but requested
by him as compensation for throwing
in it's way what business he convent
entity could, is illegal"
In Re Reduces rates of B. & ID. Z. R,
ST. O. @. R., it is said, 1.-The statute was
undoubtedly framed to prohibit passes
or free transportation Of persons, as
one OF the forms of unjust discriminR.
ton, favoritism and misuse of corporate
! powers that had grown into an abuse
of large proportions and become de
moralizing in it's Influence and detri
mental to railroads both in loss of rev
enue and provoking public hostility.
+ x = The discrimination is equally
unjust whether the free transportation
be complimentary or to aid some per
sons business or for some supposed in
direct advantage to the carrier. X =
The abuse should not be continued or
new ones devised under cover Of any
| discretion left to the carrier" Refer
ring to Sec % Sec. 25 of the N. Q. Act)
the same opinion says THE classes of
persons that may have reduced rates
or free carriage are thus carefully
specified in the statute and their
enumeration necessarily excludes all
others"
In Elk Parte Koehler, Il. @. G. r.
81, Judge Deadly decided that the act
forbids the issue of free passes to fami
lies of the railroad officer or employee.
In 5 ]. @. G. r 80 it is pointedly said
1.-The practice of the defendant railroad
company in giving free transportation
to gentlemen long eminent in the
public service" or ''higher officers Of
the States and prominent officials of
the United States, - members of legis-
lRtive railroad committees" persons
whose good will is important to the
corporation is Unwarranted unless
the favored person also comes under
some exception specified in section %
Sec. 25 of N. G. Ac) of the Act to
regulate commerce."
nal. @. G. r. 1863 it is said, Gar
riers can reward persons not in their
stated and regular employment for &C
casionaI services, or for benefits iudi
rec5ly received in other ana better ways
than by furnishing them with free
transportation. X x x The evils In
the unrestricted employ ment Of free
passes by common carriers had grown
so great and had become go apparent
that it was deemed absolutely neccs-
sary by Congress to eradicate the
whole system in order to put an enc to
the abuses which had grown beyond
the limits of any other regulation or
control"
In 3 1. o. @. r. 300 it is said: THE
statute III doubtedly was framed to
prohibit passes or free transportation
OF persons, As one Of the forms Of I'm
just discrimination, favoritism and
misuse of corporate powers that had
grown into an abuse of large proper.
Gions and become demoralIxing in its
Influence and detrimental to railroads,
both in loss OF revenue and IN provCk
ing public hostility. One OF the minor
and meaner phases OF this abuse is the
distinctive preference shown in various
ways by employees, both in service
and civility to holders of passes, as if
discrimination by free carriage includes
determination in treatment of pass
engers.
Il was well known that persons who
were carried free were, to a large ex,
tent, precisely the persons who had no
claim whatever to such favors. They
were Officials and others from whom
free passes might De expected to secure
reciprocal ~favors, and men Of wealth
and prominence who rode at the ex-
pense of others less able to pas or the
/ passes were given to influence business.
In nearly all cases lot specially ex
empted by the Act, the motive in de-
handing or in giving them was one de-
serving of no favor"
Thursday OC4 II