§ 103 — Transportation prohibited until publication of schedules; rates as fixed to be charged; passes prohibited

§ 103. Transportation prohibited until publication of schedules; rates\nas fixed to be charged; passes prohibited. 1. No common carrier subject\nto the provisions of this chapter shall engage or participate in the\ntransportation of passengers or property, between points within the\nstate, until its schedules of rates, fares and charges shall have been\nfiled and published in accordance with the provisions of this chapter.\nNo common carrier shall charge, demand, collect or receive a greater or\nless or different compensation for transportation of passengers or\nproperty, or for any service in connection therewith, than the rates,\nfares and charges applicable to such transportation as specified in its\nschedules filed and in effect at the time; nor shall any such carrier\nrefund or remit in any manner or by any device any portion of the rates,\nfares, or charges so specified, nor extend to any shipper or person any\nprivileges or facilities in the transportation of passengers or property\nexcept such as are regularly and uniformly extended to all persons and\ncorporations under like circumstances.\n 2. No common carrier subject to the provisions of this chapter shall,\ndirectly or indirectly, issue or give any free ticket, free pass or free\ntransportation for passengers or property between points within this\nstate, except to its officers, employees, agents, surgeons, physicians,\nattorneys-at-law, and their families; to ministers of religion, officers\nand employees of railroad young men's christian associations,\nincarcerated individuals of hospitals, charitable and eleemosynary\ninstitutions and persons exclusively engaged in charitable and\neleemosynary work; and to indigent, destitute and homeless persons and\nto such persons when transported by charitable societies or hospitals,\nand the necessary agents employed in such transportation; to\nincarcerated individuals of the national homes or state homes for\ndisabled volunteer soldiers and of soldiers' and sailors' homes,\nincluding those about to enter and those returning home after discharge,\nand boards of managers of such homes; to necessary caretakers of\nproperty in transit; to employees of sleeping-car companies, express\ncompanies, telegraph and telephone companies doing business along the\nline of the issuing carrier; to railway mail service employees,\npost-office inspectors, mail carriers in uniform, customs inspectors and\nimmigration inspectors; to newspaper carriers on trains, baggage agents,\nwitnesses attending any legal investigation or proceeding in which the\ncommon carrier is interested, persons injured in accidents or wrecks and\nphysicians and nurses attending such persons; to the carriage free or at\nreduced rates of persons or property for the United States, state or\nmunicipal governments, or of property to or from fairs and expositions\nfor exhibit thereat.\n 3. Nothing in this chapter shall be construed to prohibit the\ninterchange of free or reduced transportation between common carriers of\nor for their officers, agents, employees, attorneys, surgeons, and their\nfamilies, and their household and personal effects nor to prohibit any\ncommon carrier from carrying passengers or property free, with the\nobject of providing relief in cases of general epidemic, pestilence or\nother calamitous visitation; not to prohibit any common carrier from\ntransporting persons or property as incident to or connected with\ncontracts for construction, operation or maintenance, and to the extent\nonly that such free transportation is provided for in the contract for\nsuch work, nor to prevent any common carrier from transporting children\nunder five years of age free. Provided further, that nothing in this\nchapter shall prevent the issuance of mileage, excursion, school or\nfamily commutation, commutation passenger tickets, half fare tickets for\nthe transportation of children under twelve years of age, any form of\nreduced rate passenger tickets for persons attending schools or\neducational institutions pursuant to title two of the "Servicemen's\nReadjustment Act of 1944," or any other form of reduced rate passenger\ntickets, or joint interchangeable mileage tickets, with special\nprivileges as to the amount of free baggage that may be carried under\nmileage tickets of one thousand miles or more. But before any common\ncarrier subject to the provisions of this chapter shall issue any such\nmileage, excursion, school or family commutation, commutation, half\nfare, or any other form of reduced rate passenger tickets, or joint\ninterchangeable mileage ticket, with special privileges as aforesaid, it\nshall file with the commissioner copies of the tariffs of rates, fares\nor charges on which such tickets are to be based, together with the\nspecifications of the amount of free baggage permitted to be carried\nunder such joint interchangeable mileage ticket, in the same manner as\ncommon carriers are required to do with regard to other rates by this\nchapter. Nor shall anything in this chapter prevent the issuance of\npassenger transportation in exchange for advertising space in newspapers\nat full rates. The term "employees" as used in subdivisions two and\nthree, when referring to employees of a common carrier, shall include\nfurloughed, pensioned and superannuated employees, persons who have\nbecome disabled or infirm in the service of any such common carrier, and\nthe remains of a person killed in the employment of a carrier and\nex-employees traveling for the purpose of entering the service of any\nsuch common carrier; and the term "families" as used in such\nsubdivisions shall include the families of those persons named in this\nproviso, also the families of persons killed, and the unremarried widow\nor widower and minor children during minority of persons who died, while\nin the service of such common carrier.\n 4. Nothing in this section or in any other provision of law shall\nlimit the power of the commissioner to require the sale of, and upon\ninvestigation prescribe reasonable and just fares as the maximum to be\ncharged for, commutation, school or family commutation, mileage tickets\nover railroads or street railroads, joint interchangeable mileage\ntickets, round trip excursion tickets, or any other form of reduced rate\npassenger tickets over such railroads or street railroads, including\ncummutation, mileage, school tickets or any form of reduced rate tickets\nissued to persons attending schools or educational institutions pursuant\nto title two of the "Servicemen's Readjustment Act of 1944"; provided\nthat all special round trip excursion tickets, the sale of which is\nlimited to less than thirty days, except round trip excursion tickets to\nthe state fair and return during the holding thereof, shall be deemed\nexempt from such regulation by the commissioner.\n