The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-29
Omcial Deadheadism In tho View of
Federal Law.

Oficial Deadheadism In tho View of
Federal Law.
The United States law Of 1887, with it's
amendments, applies to every railway
engaged in carrying passengers, I'M
less wholly within one State. 1t
Furnishes unjust discrimination among
passengers by any such railway. That
offence is described as demanding or
receiving a greater or less sum for
like service from one passenger than
from another 1t Furnishes undue or
unreasonable" preference or advantage,
in any respect whatsoever TO one pas
senger over another, given or permitted
by the railway. It compels publicity of
rates and fares for passengers, and
Furnishes the acceptance by the railway
of a less sum, which includes, one would
say, acceptance of no payment and a
free pass.
If Federal legislation stopped there,
no one could deny it to be a criminal
offence for Federal official to be carried
deadhead on an interstate railroad, I'M
less all passengers are deadheaos.
The twenty-second section Of the
original law, as amended in 1889 and
1895, makes exemptions from the gen.
eral provisions forbidding free pas
senger service by the railway. One e1-
emption covers certain described prop
erty.' Another covers certain described
passengers. These last exemptions in
clude destitute and homeless persons"
transported for charitable societies,
and their agents. Federal officials are
not in that class! Reduced rates"
can be given to certain other persons,
but Federal officials are not mentioned.
Passes and free transportation can be
given to officers and servants of other
railways.
Those are all the exemptions; and by
the well-known rules Of statutory inter-
probation an inclusion Of certain named
things as an exception to general pro-
visions excludes all unnamed things.
Inclusion OF one is exclusion of the
other. So that as Federal officials are
excluded from free transportation by
the general provisions and are not
included by apt words OF description
in the twenty-second section, they can
not travel deadhead.
That is not all.
The recent law OF Feb. 10, 1908, signed
by President ROOSEVELT, and which he
must execute, makes the corpora
ton punishable, as for a misdemeanor,
if it, or it's agents, does or omits to do
certain things. 1t then declares:
SECTION s. That whenever the Interstate Conn,
mcrce Commission shall have reasonable ground
for belief that any common carrier Is engaged In
the carriage OF passengers freight trac between
given points at ksstnan the published rates on NE
Is committing any DETERMINATIONS forbidden bv
Iaw. petition may be presented alleging such facts
to the Circuit Court OF tho United States sitting in
equity having Jurisdiction"
The law of last February Furthermore
declares that:
IL shall be the duty of the several District Az.
torneys OF the United States. whenever tho Attor-
ney General shall drecs. either OF his own motion
or upon tho request OF the Interstate Commerce
Commission. TO institute and prosecute such pro-
Ceedings."
1t seems ON general principles quite
unlikely that Congress intended, when
legislating against free passes, that in
terstate railways should be permitted
to put Federal officials into the relations
with the railways implied by trans
porting of the officials deadhead, with
free bed and board" including cham
payne and cigars. The statute neither
includes Federal officials, by specific
and apt designation, as entitled to free
transportation as passengers on railways,
nor specially declares that they shall
pay the same rate as unofficial citizens;
but the forbdding of determinations
and preferences does, undoubtedly, put
the official and unofficial on par The
statute describes with great minuteness
the persons who may have free passes,
or reduced rates, as passengers, but does
not embrace Federal officials.
The President must interpret and
execute the law. The Attorney General
should cause offenders 10 be prosecuted.
Has the President requested the At
ney-General's opinion on the question
whether or not it is misdemeanor for
O Federal official to travel deadhead |
on an interstate railway? Perhaps the
property of the United States ran,
without offence, be carried free by
railway az freight. but property" does
not include one holding an Office under
Federal laws. IL there shall be room
Tor doubt, ON which side should the
President go?
It will not do to say that because q
railway can, under the law, haul free the
private cers Of its own officials or Of off