Interstate Commerce Act
2/4/1887
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Approved on February 4, 1887, Interstate Commerce Act created an Interstate Commerce Commission (ICC) to oversee the conduct of the railroad industry. With this act, the railroads became the first industry subject to federal regulation.
Congress passed the law largely in response to decades of public demand that railroad operations be regulated. The five-member ICC would be the enforcement board. In the years following the Civil War, railroads had been privately owned and entirely unregulated. The railroad companies held a natural monopoly in the areas that only they serviced.
Monopolies are generally viewed as harmful because they obstruct the free competition that determines the price and quality of products and services offered to the public. The railroad monopolies had the power to set prices, exclude competitors, and control the market in several geographic areas. Although there was competition among railroads for long-haul routes, there was none for short-haul runs. Railroads discriminated in the prices they charged to passengers and shippers in different localities by providing rebates to large shippers or buyers. These practices were especially harmful to American farmers, who lacked the shipment volume necessary to obtain more favorable rates.
Early political action against these railroad monopolies came in the 1870s from “Granger” controlled state legislatures in the West and South. The Granger Movement had started in the 1860s providing various benefits to isolated rural communities. State controls of railroad monopolies were upheld by the Supreme Court in Munn v. Illinois (1877). State regulations and commissions, however, proved to be ineffective, incompetent, and even corrupt. In the 1886 Wabash case, the Supreme Court struck down an Illinois law outlawing long-and-short haul discrimination. Nevertheless, an important result of Wabash was that the Court clearly established the exclusive power of Congress to regulate interstate commerce.
The Interstate Commerce Act addressed the problem of railroad monopolies by setting guidelines for how the railroads could do business. The act became law with the support of both major political parties and pressure groups from all regions of the country. Applying only to railroads, the law required "just and reasonable" rate changes; prohibited special rates or rebates for individual shippers; prohibited "preference" in rates for any particular localities, shippers, or products; forbade long-haul/short-haul discrimination; prohibited pooling of traffic or markets; and most important, established a five-member Interstate Commerce Commission (ICC).
The law’s terms often contradicted one another. Some provisions were designed to stimulate competition and others to penalize it. In practice, the law was not very effective. The most successful provisions of the law were the requirement that railroads submit annual reports to the ICC and the ban on special rates the railroads would arrange among themselves, although determining which rates were discriminatory was technically and politically difficult.
Years later, the ICC would become the model for many other regulatory agencies – but in 1887 it was unique. The Interstate Commerce Act challenged the philosophy of laissez-faire economics by clearly providing the right of Congress to regulate private corporations engaged in interstate commerce. The act, with its provision for the ICC, remains one of America’s most important documents serving as a model for future government regulation of private business.
Congress passed the law largely in response to decades of public demand that railroad operations be regulated. The five-member ICC would be the enforcement board. In the years following the Civil War, railroads had been privately owned and entirely unregulated. The railroad companies held a natural monopoly in the areas that only they serviced.
Monopolies are generally viewed as harmful because they obstruct the free competition that determines the price and quality of products and services offered to the public. The railroad monopolies had the power to set prices, exclude competitors, and control the market in several geographic areas. Although there was competition among railroads for long-haul routes, there was none for short-haul runs. Railroads discriminated in the prices they charged to passengers and shippers in different localities by providing rebates to large shippers or buyers. These practices were especially harmful to American farmers, who lacked the shipment volume necessary to obtain more favorable rates.
Early political action against these railroad monopolies came in the 1870s from “Granger” controlled state legislatures in the West and South. The Granger Movement had started in the 1860s providing various benefits to isolated rural communities. State controls of railroad monopolies were upheld by the Supreme Court in Munn v. Illinois (1877). State regulations and commissions, however, proved to be ineffective, incompetent, and even corrupt. In the 1886 Wabash case, the Supreme Court struck down an Illinois law outlawing long-and-short haul discrimination. Nevertheless, an important result of Wabash was that the Court clearly established the exclusive power of Congress to regulate interstate commerce.
The Interstate Commerce Act addressed the problem of railroad monopolies by setting guidelines for how the railroads could do business. The act became law with the support of both major political parties and pressure groups from all regions of the country. Applying only to railroads, the law required "just and reasonable" rate changes; prohibited special rates or rebates for individual shippers; prohibited "preference" in rates for any particular localities, shippers, or products; forbade long-haul/short-haul discrimination; prohibited pooling of traffic or markets; and most important, established a five-member Interstate Commerce Commission (ICC).
The law’s terms often contradicted one another. Some provisions were designed to stimulate competition and others to penalize it. In practice, the law was not very effective. The most successful provisions of the law were the requirement that railroads submit annual reports to the ICC and the ban on special rates the railroads would arrange among themselves, although determining which rates were discriminatory was technically and politically difficult.
Years later, the ICC would become the model for many other regulatory agencies – but in 1887 it was unique. The Interstate Commerce Act challenged the philosophy of laissez-faire economics by clearly providing the right of Congress to regulate private corporations engaged in interstate commerce. The act, with its provision for the ICC, remains one of America’s most important documents serving as a model for future government regulation of private business.
Transcript
Forty-Ninth Congress of the United States of America;At the Second Session,
Begun and held at the City of Washington on Monday, the sixth day of December, one thousand
eight hundred and eighty-six
An act to regulate Commerce.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, That the provisions of this act shall apply to any common carrier or carriers
engaged in the transportation of passengers or property wholly by railroad, or partly by railroad
and partly by water when both are used, under a common control, management, or arrangement,
for a continuous carriage or shipment, from one State or Territory of the United States, or the
District of Columbia, to any other State or Territory of the United States, or the District of
Columbia, or from any place in the United States to an adjacent foreign country, or from any
place in the United States through a foreign country to any other place in the United States, and
also to the transportation in like manner of property shipped from any place in the United States
to a foreign country and carried from such place to a port of trans-shipment, or shipped from a
foreign country to any place in the United States and carried to such place from a port of entry
either in the United States or an adjacent foreign country: Provided, however, That the provisions
of this act shall not apply to the transportation of passengers or property, or to the receiving,
delivering, storage, or handling of property, wholly within one State, and not shipped to or from
a foreign country from or to any State or Territory as aforesaid.
The term "railroad" as used in this act shall include all bridges and ferries used or operated in
connection with any railroad, and also all the road in use by any corporation operating a railroad,
whether owned or operated under a contract, agreement, or lease; and the term "transportation"
shall include all instrumentalities of shipment or carriage.
All charges made for any service rendered or to be rendered in the transportation of passengers
or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or
handling of such property, shall be reasonable and just; and every unjust and unreasonable
charge for such service is prohibited and declared to be unlawful.
Sec. 2. That if any common carrier subject to the provisions of this act shall, directly or
indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or
receive from any person or persons a greater or less compensation for any service rendered, or to
be rendered, in the transportation of passengers or property, subject to the provisions of this act,
than it charges, demands, collects, or receives from any other person or persons for doing for him
or them a like and contemporaneous service in the transportation of a like kind of traffic under
substantially similar circumstances and conditions, such common carrier shall be deemed guilty
of unjust discrimination, which is hereby prohibited and declared to be unlawful.
Sec. 3. That it shall be unlawful for any common carrier subject to the provisions of this act to
make or give any undue or unreasonable preference or advantage to any particular person,
company, firm, corporation, or locality, or any particular description of traffic, in any respect
whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any
particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any
respect whatsoever.
Every common carrier subject to the provisions of this act shall according to their respective
powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between
their respective lines, and for the receiving, forwarding, and delivering of passengers and
property to and from their several lines and those connection therewith, and shall not
discriminate in their rates and charges between such connecting lines; but this shall not be
construed as requiring any such common carrier to give the use of its tracks or terminal facilities
to another carrier engaged in like business.
Sec. 4. That it shall be unlawful for any common carrier subject to the provisions of this act to
charge or receive any greater compensation in the aggregate for the transportation of passengers
or of like kind of property, under substantially similar circumstances and conditions, for a shorter
than for a longer distance over the same line, in the same direction, the shorter being included
within the longer distance; but this shall not be construed as authorizing any common carrier
within the terms of this act to charge and receive as great compensation for a shorter as for a
longer distance: Provided, however, That upon application to the Commission appointed under
the provisions of this act, such common carrier may, in special cases, after investigation by the
Commission, be authorized to charge less for longer than for shorter distances for the
transportation of passengers or property; and the Commission may from time to time prescribe
the extent to which such designated common carrier may be relieved from the operation of this
section of this act.
Sec. 5. That it shall be unlawful for any common carrier subject to the provisions of this act to
enter into any contract, agreement, or combination with any other common carrier or carriers for
the pooling of freights of different and competing railroads, or to divide between them the
aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any
case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be
deemed a separate offense.
Sec. 6. That every common carrier subject to the provisions of this act shall print and keep for
public inspection schedules showing the rates and fares and charges for the transportation of
passengers and property which any such common carrier has established and which are in force
at the time upon its railroad, as defined by the first section of this act. The schedules printed as
aforesaid by any such common carrier shall plainly state the places upon its railroad between
which property and passengers will be carried, and shall contain the classification of freight in
force upon such railroad, and shall also state separately the terminal charges and any rules or
regulations which in any wise change, affect, or determine any part or the aggregate of such
aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type, of at
least the size of ordinary pica, and copies for the use of the public shall be kept in every depot or
station upon any such railroad, in such places and in such form that they can be conveniently
inspected.
Any common carrier subject to the provisions of this act receiving freight in the United States to
be carried through a foreign country to any place in the United States shall also in like manner
print and keep for public inspection, at every depot where such freight is received for shipment,
schedules showing the through rates established and charged by such common carrier to all
points in the United States beyond the foreign country to which it accepts freight for shipment;
and any freight shipped from the United States through a foreign country into the United States,
the through rate on which shall not have been made public as required by this act, shall, before it
is admitted into the United States from said foreign country, be subject to customs duties as if
said freight were of foreign production; and any law in conflict with this section is hereby
repealed.
No advance shall be made in the rates, fares, and charges which have been established and
published as aforesaid by any common carrier in compliance with the requirements of this
section, except after ten days' public notice, which shall plainly state the changes proposed to be
made in the schedule then in force, and the time when the increased rates, fares, or charges will
go into effect; and the proposed changes shall be shown by printing new schedules, or shall be
plainly indicated upon the schedules in force at the time and kept for public inspection.
Reductions in such published rates, fares, or charges may be made without previous public
notice; but whenever any such reduction is made, notice of the same shall immediately be
publicly posted and the changes made shall immediately be made public by printing new
schedules, or shall immediately be plainly indicated upon the schedules at the time in force and
kept for public inspection.
And when any such common carrier shall have established and published its rates, fares, and
charges in compliance with the provisions of this section, it shall be unlawful for such common
carrier to charge, demand, collect, or receive from any person or persons a greater or less
compensation for the transportation of passengers or property, or for any services in connection
therewith, than is specified in such published schedule of rates, fares, and charges as may at the
time be in force.
Every common carrier subject to the provisions of this act shall file with the Commission
hereinafter provided for copies of its schedules of rates, fares, and charges which have been
established and published in compliance with the requirements of this section, and shall promptly
notify said Commission of all changes made in the same. Every such common carrier shall also
file with said Commission copies of all contracts, agreements, or arrangements with other
common carriers in relation to any traffic affected by the provisions of this act to which it may be
a party. And in cases where passengers and freight pass over continuous lines or routes operated
by more than one common carrier, and the several common carriers operating such lines or
routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies
of such joint tariffs shall also, in like manner, be filed with said Commission. Such joint rates,
fares, and charges on such continuous lines so filed as aforesaid shall be made public by such
common carriers when directed by said Commission, in so far as may, in the judgment of the
Commission, be deemed practicable; and said Commission shall from time to time prescribe the
measure of publicity which shall be given to such rates, fares, and charges, or to such part of
them as it may deem it practicable for such common carriers to publish, and the places in which
they shall be published; but no common carrier party to any such joint tariff shall be liable for the
failure of any other common carrier party thereto to observe and adhere to the rates, fares, or
charges thus made and published.
If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of
rates, fares, and charges as provided in this section, or any part of the same, such common carrier
shall, in addition to other penalties herein prescribed, be subject to a writ of mandamus, to be
issued by any circuit court of the United States in the judicial district wherein the principal office
of said common carrier is situated or wherein such offense may be committed, and if such
common carrier be a foreign corporation, in the judicial circuit wherein such common carrier
accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid
provisions of this section; and such writ shall issue in the name of the people of the United
States, at the relation of the Commissioners appointed under the provisions of this act; and
failure to comply with its requirements shall be punishable as and for a contempt; and the said
Commissioners, as complainants, may also apply, in any such circuit of the United States, for a
writ of injunction against such common carrier, to restrain such common carrier from receiving
or transporting property among the several States and Territories of the United States, or between
the United States and adjacent foreign countries, or between ports of transshipment and of entry
and the several States and Territories of the United States, as mentioned in the first section of this
act, until such common carrier shall have complied with the aforesaid provisions of this section
of this act.
Sec. 7. That it shall be unlawful for any common carrier subject to the provisions of this act to
enter into any combination, contract, or agreement, expressed or implied, to prevent, by change
of time schedule, carriage in different cars, or by other means or devices, the carriage of freights
from being continuous from the place of shipment to the place of destination; and no break of
bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of
freights from being and being treated as one continuous carriage from the place of shipment to
the place of destination, unless such break, stoppage, or interruption was made in good faith for
some necessary purpose, and without any intent to avoid or unnecessarily interrupt such
continuous carriage or to evade any of the provisions of this act.
Sec. 8. That in case any common carrier subject to the provisions of this act shall do, cause to be
done, or permit to be done any act, matter, or thing in this act prohibited or declared to be
unlawful, or shall omit to do any act, matter, or thing in this act required to be done, such
common carrier shall be liable to the person or persons injured thereby for the full amount of
damages sustained in consequence of any such violation of the provisions of this act, together
with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery,
which attorney's fee shall be taxed and collected as part of the costs in the case.
Sec. 9. That any person or persons claiming to be damaged by any common carrier subject to the
provisions of this act may either make complaint to the Commission as hereinafter provided for,
or may bring suit in his or their own behalf for the recovery of the damages for which such
common carrier may be liable under the provisions of this act, in any district or circuit court of
the United States of competent jurisdiction; but such person or persons shall not have the right to
pursue both of said remedies, and must in each case elect which one of the two methods of
procedure herein provided for he or they will adopt. In any such action brought for the recovery
of damages the court before which the same shall be pending may compel any director, officer,
receiver, trustee, or agent of the corporation or company defendant in such suit to attend, appear,
and testify in such case, and may compel the production of the books and papers of such
corporation or company party to any such suit; the claim that any such testimony or evidence
may tend to criminate the person giving such evidence shall not excuse such witness from
testifying, but such evidence or testimony shall not be used against such person on the trial of
any criminal proceeding.
Sec. 10. That any common carrier subject to the provisions of this act, or, whenever such
common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee,
agent, or person acting for or employed by such corporation, who, alone or with any other
corporation, company, person, or party, shall willfully do or cause to be done, or shall willingly
suffer or permit to be done, any act, matter, or thing in this act prohibited or declared to be
unlawful, or who shall aid or abet therein, or shall willfully omit or fail to do any act, matter, or
thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter,
or thing so directed or required by this act to be done not to be so done, or shall aid or abet any
such omission or failure, or shall be guilty of any infraction of this act, or shall aid or abet
therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any
district court of the United States within the jurisdiction of which such offense was committed,
be subject to a fine of not to exceed five thousand dollars for each offense.
Sec. 11. That a Commission is hereby created and established to be known as the Inter-State
Commerce Commission, which shall be composed of five Commissioners, who shall be
appointed by the President, by and with the advice and consent of the Senate. The
Commissioners first appointed under this act shall continue in office for the term of two, three,
four, five, and six years, respectively, from the first day of January, anno Domini eighteen
hundred and eighty-seven, the term of each to be designated by the President; but their
successors shall be appointed for terms of six years, except that any person chosen to fill a
vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall
succeed. Any Commissioner may be removed by the President for inefficiency, neglect of duty,
or malfeasance in office. Not more than three of the Commissioners shall be appointed from the
same political party. No person in the employ of or holding any official relation to any common
carrier subject to the provisions of this act, or owning stock or bonds thereof, or who is in any
manner pecuniarily interested therein, shall enter upon the duties of or hold such office. Said
Commissioners shall not engage in any other business, vocation, or employment. No vacancy in
the Commission shall impair the right of the remaining Commissioners to exercise all the powers
of the Commission.
Sec. 12. That the Commission hereby created shall have authority to inquire into the
management of the business of all common carriers subject to the provisions of this act, and shall
keep itself informed as to the manner and method in which the same is conducted, and shall have
the right to obtain from such common carriers full and complete information necessary to enable
the Commission to perform the duties and carry out the objects for which it was created; and for
the purposes of this act the Commission shall have power to require the attendance and
testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and
documents relating to any matter under investigation, and to that end may invoke the aid of any
court of the United States in requiring the attendance and testimony of witnesses and the
production of books, papers, and documents under the provisions of this section.
And any of the circuit courts of the United States within the jurisdiction of which such inquiry is
carried on may, in case of contumacy or refusal to obey a subpoena issued to any common
carrier subject to the provisions of this act, or other person, issue an order requiring such
common carrier or other person to appear before said Commission (and produce books and
papers if so ordered) and give evidence touching the matter in question; and any failure to obey
such order of the court may be punished by such court as a contempt thereof. The claim that any
such testimony or evidence may tend to criminate the person giving such evidence shall not
excuse such witness from testifying; but such evidence or testimony shall not be used against
such person on the trial of any criminal proceeding.
Sec. 13. That any person, firm, corporation, or association, or any mercantile, agricultural, or
manufacturing society, or any body politic or municipal organization complaining of anything
done or omitted to be done by any common carrier subject to the provisions of this act in
contravention of the provisions thereof, may apply to said Commission by petition, which shall
briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the
Commission to such common carrier, who shall be called upon to satisfy the complaint or to
answer the same in writing within a reasonable time, to be specified by the Commission. If such
common carrier, within the time specified, shall make reparation for the injury alleged to have
been done, said carrier shall be relieved of liability to the complainant only for the particular
violation of law thus complained of. If such carrier shall not satisfy the complaint within the time
specified, or there shall appear to be any reasonable ground for investigating said complaint, it
shall be the duty of the Commission to investigate the matters complained of in such manner and
by such means as it shall deem proper.
Said Commission shall in like manner investigate any complaint forwarded by the railroad
commissioner or railroad commission of any State or Territory, at the request of such
commissioner or commission, and may institute any inquiry on its own motion in the same
manner and to the same effect as though complaint had been made.
No complaint shall at any time be dismissed because of the absence of direct damage to the
complainant.
Sec. 14. That whenever an investigation shall be made by said Commission, it shall be its duty to
make a report in writing in respect thereto, which shall include the findings of fact upon which
the conclusions of the Commission are based, together with its recommendation as to what
reparation, if any, should be made by the common carrier to any party or parties who may be
found to have been injured; and such findings so made shall thereafter, in all judicial
proceedings, be deemed prima facie evidence as to each and every fact found.
All reports of investigations made by the Commission shall be entered of record, and a copy
thereof shall be furnished to the party who may have complained, and to any common carrier
that may have been complained of.
Sec. 15. That if in any case in which an investigation shall be made by said Commission it shall
be made to appear to the satisfaction of the Commission, either by the testimony of witnesses or
other evidence, that anything has been done or omitted to be done in violation of the provisions
of this act, or of any law cognizable by said Commission, by any common carrier, or that any
injury or damage has been sustained by the party or parties complaining, or by other parties
aggrieved in consequence of any such violation, it shall be the duty of the Commission to forth
with cause a copy of its report in respect thereto to be delivered to such common carrier, together
with a notice to said common carrier to cease and desist from such violation, or to make
reparation for the injury so found to have been done, or both, within a reasonable time, to be
specified by the Commission; and if, within the time specified, it shall be made to appear to the
Commission that such common carrier has ceased from such violation of law, and has made
reparation for the injury found to have been done, in compliance with the report and notice of the
Commission, or to the satisfaction of the party complaining, a statement to that effect shall be
entered of record by the Commission, and the said common carrier shall thereupon be relieved
from further liability or penalty for such particular violation of law.
Sec. 16. That whenever any common carrier, as defined in and subject to the provisions of this
act, shall violate or refuse or neglect to obey any lawful order or requirement of the Commission
in this act named, it shall be the duty of the Commission, and lawful for any company or person
interested in such order or requirement, to apply, in a summary way, by petition, to the circuit
court of the United States sitting in equity in the judicial district in which the common carrier
complained of has its principal office, or in which the violation or disobedience of such order or
requirement shall happen, alleging such violation or disobedience, as the case may be; and the
said court shall have power to hear and determine the matter, on such short notice to the common
carrier complained of as the court shall deem reasonable; and such notice may be served on such
common carrier, his or its officers, agents, or servants, in such manner as the court shall direct;
and said court shall proceed to hear and determine the matter speedily as a court of equity, and
without the formal pleadings and proceedings applicable to ordinary suits in equity, but in such
manner as to do justice in the premises; and to this end such court shall have power, if it think fit,
to direct and prosecute, in such mode and by such persons as it may appoint, all such inquiries as
the court may think needful to enable it to form a just judgment in the matter of such petition;
and on such hearing the report of said Commission shall be prima facie evidence of the matters
therein stated; and if it be made to appear to such court, on such hearing or on report of any such
person or persons, that the lawful order or requirement of said Commission drawn in question
has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction or
other proper process, mandatory or otherwise, to restrain such common carrier from further
continuing such violation or disobedience of such order or requirement of said Commission, and
enjoining obedience to the same; and in case of any disobedience of any such writ of injunction
or other proper process, mandatory or otherwise, it shall be lawful for such court to issue writs of
attachment, or any other process of said court incident or applicable to writs of injunction or
other proper process, mandatory or otherwise, against such common carrier, and if a corporation,
against one or more of the directors, officers, or agents of the same, or against any owner, lessee,
trustee, receiver, or other person failing to obey such writ of injunction or other proper process,
mandatory or otherwise; and said court may, if it shall think fit, make an order directing such
common carrier or other person so disobeying such writ of injunction or other proper process,
mandatory or otherwise, to pay such sum of money not exceeding for each carrier or person in
default the sum of five hundred dollars for every day after a day to be named in the order that
such carrier or other person shall fail to obey such injunction or other proper process, mandatory
or otherwise; and such moneys shall be payable as the court shall direct, either to the party
complaining, or into court to abide the ultimate decision of the court, or into the Treasury; and
payment thereof may, without prejudice to any other mode of recovering the same, be enforced
by attachment or order in the nature of a writ of execution, in like manner as if the same had
been recovered by a final decree in personam in such court. When the subject in dispute shall be
of the value of two thousand dollars or more, either party to such proceeding before said court
may appeal to the Supreme Court of the United States, under the same regulations now provided
by law in respect of security for such appeal; but such appeal shall not operate to stay or
supersede the order of the court or the execution of any writ or process thereon; and such court
may, in every such matter, order the payment of such costs and counsel fees as shall be deemed
reasonable. Whenever any such petition shall be filed or presented by the Commission it shall be
the duty of the district attorney, under the direction of the Attorney-General of the United States,
to prosecute the same; and the costs and expenses of such prosecution shall be paid out of the
appropriation for the expenses of the courts of the United States. For the purposes of this act,
excepting its penal provisions, the circuit courts of the United States shall be deemed to be
always in session.
Sec. 17. That the Commission may conduct its proceedings in such manner as will best conduce
to the proper dispatch of business and to the ends of justice. A majority of the Commission shall
constitute a quorum for the transaction of business, but no Commissioner shall participate in any
hearing or proceeding in which he has any pecuniary interest. Said Commission may, from time
to time, make or amend such general rules or orders as may be requisite for the order and
regulation of proceedings before it, including forms of notices and the service thereof, which
shall conform, as nearly as may be, to those in use in the courts of the United States. Any party
may appear before said Commission and be heard, in person or by attorney. Every vote and
official act of the Commission shall be entered of record, and its proceedings shall be public
upon the request of either party interested. Said Commission shall have an official seal, which
shall be judicially noticed. Either of the members of the Commission may administer oaths and
affirmations.
Sec. 18. That each Commissioner shall receive an annual salary of seven thousand five hundred
dollars, payable in the same manner as the salaries of judges of the courts of the United States.
The Commission shall appoint a secretary, who shall receive an annual salary of three thousand
five hundred dollars, payable in like manner. The Commission shall have authority to employ
and fix the compensation of such other employees as it may find necessary to the proper
performance of its duties, subject to the approval of the Secretary of the Interior.
The Commission shall be furnished by the Secretary of the Interior with suitable offices and all
necessary office supplies. Witnesses summoned before the Commission shall be paid the same
fees and mileage that are paid witnesses in the courts of the United States.
All of the expenses of the Commission, including all necessary expenses for transportation
incurred by the Commissioners, or by their employees under their orders, in making any
investigation in any other places than in the city of Washington, shall be allowed and paid, on the
presentation of itemized vouchers therefor approved by the chairman of the Commission and the
Secretary of the Interior.
Sec. 19. That the principal office of the Commission shall be in the city of Washington, where its
general sessions shall be held; but whenever the convenience of the public or of the parties may
be promoted or delay or expense prevented thereby, the Commission may hold special sessions
in any part of the United States. It may, by one or more of the Commissioners, prosecute any
inquiry necessary to its duties, in any part of the United States, into any matter or question of fact
pertaining to the business of any common carrier subject to the provisions of this act.
Sec. 20. That the Commission is hereby authorized to require annual reports from all common
carriers subject to the provisions of this act, to fix the time and prescribe the manner in which
such reports shall be made, and to require from such carriers specific answers to all questions
upon which the Commission may need information. Such annual reports shall show in detail the
amount of capital stock issued, the amounts paid therefor, and the manner of payment for the
same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded
and floating debts and the interest paid thereon; the cost and value of the carrier's property,
franchises, and equipment; the number of employees and the salaries paid each class; the
amounts expended for improvements each year, how expended, and the character of such
improvements; the earnings and receipts from each branch of business and from all sources; the
operating and other expenses; the balances of profit and loss; and a complete exhibit of the
financial operations of the carrier each year, including an annual balance sheet. Such reports
shall also contain such information in relation to rates or regulations concerning fares or freights,
or agreements, arrangements, or contracts with other common carriers, as the Commission may
require; and the said Commission may, within its discretion, for the purpose of enabling it the
better to carry out the purposes of this act, prescribe (if in the opinion of the Commission it is
practicable to prescribe such uniformity and methods of keeping accounts) a period of time
within which all common carriers subject to the provisions of this act shall have, as near as may
be, a uniform system of accounts, and the manner in which such accounts shall be kept.
Sec. 21. That the Commission shall, on or before the first day of December in each year, make a
report to the Secretary of the Interior, which shall be by him transmitted to Congress, and copies
of which shall be distributed as are the other reports issued from the Interior Department. This
report shall contain such information and data collected by the Commission as may be
considered of value in the determination of questions connected with the regulation of
commerce, together with such recommendations as to additional legislation relating thereto as
the Commission may deem necessary.
Sec. 22. That nothing in this act shall apply to the carriage, storage, or handling of property free
or at reduced rates for the United States, State, or municipal governments, or for charitable
purposes, or to or from fairs and expositions for exhibition thereat, or the issuance of mileage,
excursion, or commutation passenger tickets; nothing in this act shall be construed to prohibit
any common carrier from giving reduced rates to ministers of religion; nothing in this act shall
be construed to prevent railroads from giving free carriage to their own officers and employees,
or to prevent the principal officers of any railroad company or companies from exchanging
passes or tickets with other railroad companies for their officers and employees; and nothing in
this act contained shall in any way abridge or alter the remedies now existing at common law or
by statute, but the provisions of this act are in addition to such remedies:Provided, That no
pending litigation shall in any way be affected by this act.
Sec. 23. That the sum of one hundred thousand dollars is hereby appropriated for the use and
purposes of this act for the fiscal year ending June thirtieth, anno Domini eighteen hundred and
eighty-eight, and the intervening time anterior thereto.
Sec. 24. That the provisions of sections eleven and eighteen of this act, relating to the
appointment and organization of the Commission herein provided for, shall take effect
immediately, and the remaining provisions of this act shall take effect sixty days after its
passage.
Approved, February 4, 1887.
This primary source comes from the General Records of the United States Government.
National Archives Identifier: 299823
Full Citation: Act of February 4, 1887 (Interstate Commerce Act), Public Law 49-41, 49 STAT 379.; 2/4/1887; Enrolled Acts and Resolutions of Congress, 1789 - 2011; General Records of the United States Government, Record Group 11; National Archives Building, Washington, DC. [Online Version, https://www.docsteach.org/documents/document/interstate-commerce-act, April 26, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.