The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-08-29
RAILROAD RATE
BILL is NOW LAW
Death KneII of Free TranSpor-
tatlon Sounded-Many New
Rulings Are in Force.
SOME CONFUSION CAUSED
SEVERAL ROADS SAY BILL CAN
BE EVADED EASILY.
SOME CONFUSION CAUSED

Speaking metaphoiically free transpor-
tation, which suffered a greatly bewailed
death at midnight Monday. was buried
yesterday. The railroad bill is now law.
and its anti-pass clause now prohibits the
Issuance OF free transportation for use
in interstate travel All Titan roads are
uniform i'm their declaration to abide
strictly by the new regulations.
Some confusion has resulted over the
passing Of the anti-pass clause. several
roads asserting their ignorance Of its
meaning. An early test OF its consti-
tuuonality has been predicted A list Of
Suesuons was submitted some time ago
by fifteen railroads to their respective
legal departments for the guidance Of
Taff1c managers.
Questions and Answers.
This LIST with the answers attached.
follows. in part:
Q.-Can free transportation be used in
whole or In part in the settlement of
claims7 Ayes. IL the claim is for
money, and fixed amount Of transpor-
,tauon, having a definite value. is given
as the agreed value of the claim. or that
portion OF IL which is settled. Such trans
portetion f. not free.
OWN II be lawful to transport pas
senger or check his baggage or sell him
sleeping car ticket for an interstate
trip whose transportation consists i'm part
of a state pass7 "A pass for a jour
ney between two points I'm the same state
cannot lawfully be used for part of con-
.tinuous interstate journey. Consequently
no privilege I'm the way Of checking bag
gage. selling sleeping car ticket, or other
accommodation, can be given the holder
of the pass for his interstate journey. We
assume i'm this answer. however that the
holoer Of the pass Is not one of those
person entitled under the law to receive
free transportation.
Q.--Can land and immigration agents
who are not solely in the employ of the
railroad company and not on its payroll.
be paid for their services i'm whole or in
part with transportation A.-NOt I'M
less the indicated persons are employees
of the company. in such sense that the
company could lawfully give them trans
portation as a pass or gratuity.
ON respect to circuses and similar
organizations. must they be handled sub
ject TO the provisions of this act with
reference TO the publication of rates. dis
'criminstion i'm the rates etc. both as TO
freight and passenger traffic2 A-NO:
they may be dealt with by the railroad
company by special contract. the com
pany STIMULATING therein that so far as the
transaction IS concerned 1t is q private
carrier.
Q.-Does the law prohibit road from
publishing a through rate to or from a
point on another road without the con-
sent Of that other road and al the in
-termediate roads Gf there are SUCH over
which the traffic moves?' A.-No.
Term Clause Weak.
The general passenger agent Of an east
ern trunk line with headquarters in New
York answered the question What will
the new law" with this declaration:
do? Why. just what we have been
doing We have not so far been able
- discover any occasion to change our
methods or practices. which i'm con-
fOTmitv with what the law and the pres
idents agreement has heretofore required
As for the anti-pass clause OF the Hep
burn act II is the weakest and most alb
surd piece OF legislation ever put upon the
statute books. 1t can be evaded in in
numera bic ways and without becoming
liable to the penalty. It Is thin and
full OF holes that you can march a whole
regiment of soldiers flanked by automo-
bies through il"
The anti-pass clause prohibits the is
suance Of free transportation TO immi-
grafton agents or persons seeking loca-
ton for new industries Neither can spe-
used in establishing or building up a
new industry.
Policy and Sentiment Tabooed.
An important question i'm the para
graphs pertaining to freight affairs arose
over the reading Of Section p of the rate
hill This refers to eases of loss and
damage arising from such causes as the
flood at Kansas City" or any other claim
which may be attributable to the act of
God or the public enemy. or result from
some inherent vice or defect in the freight
itself" The question asked was: Can
such claim be paid matter of policy
without liability to the penalties pre-
Ecrfbed by law, when the policy may be
10 cOnciliate the shipper in order to OBJ
tain a fair share OF his business or the
pClicy may be directed towards political
sentiment or interestY's
The answer to this question was:
policy or to influence public sentiment"