§ 103. Transportation prohibited until publication of schedules; rates
as fixed to be charged; passes prohibited. 1. No common carrier subject
to the provisions of this chapter shall engage or participate in the
transportation of passengers or property, between points within the
state, until its schedules of rates, fares and charges shall have been
filed and published in accordance with the provisions of this chapter.
No common carrier shall charge, demand, collect or receive a greater or
less or different compensation for transportation of passengers or
property, or for any service in connection therewith, than the rates,
fares and charges applicable to such transportation as specified in its
schedules filed and in effect at the time; nor shall any such carrier
refund or remit in any manner or by any device any portion of the rates,
fares, or charges so specified, nor extend to any shipper or person any
privileges or facilities in the transportation of passengers or property
except such as are regularly and uniformly extended to all persons and
corporations under like circumstances.

2. No common carrier subject to the provisions of this chapter shall,
directly or indirectly, issue or give any free ticket, free pass or free
transportation for passengers or property between points within this
state, except to its officers, employees, agents, surgeons, physicians,
attorneys-at-law, and their families; to ministers of religion, officers
and employees of railroad young men's christian associations,
incarcerated individuals of hospitals, charitable and eleemosynary
institutions and persons exclusively engaged in charitable and
eleemosynary work; and to indigent, destitute and homeless persons and
to such persons when transported by charitable societies or hospitals,
and the necessary agents employed in such transportation; to
incarcerated individuals of the national homes or state homes for
disabled volunteer soldiers and of soldiers' and sailors' homes,
including those about to enter and those returning home after discharge,
and boards of managers of such homes; to necessary caretakers of
property in transit; to employees of sleeping-car companies, express
companies, telegraph and telephone companies doing business along the
line of the issuing carrier; to railway mail service employees,
post-office inspectors, mail carriers in uniform, customs inspectors and
immigration inspectors; to newspaper carriers on trains, baggage agents,
witnesses attending any legal investigation or proceeding in which the
common carrier is interested, persons injured in accidents or wrecks and
physicians and nurses attending such persons; to the carriage free or at
reduced rates of persons or property for the United States, state or
municipal governments, or of property to or from fairs and expositions
for exhibit thereat.

3. Nothing in this chapter shall be construed to prohibit the
interchange of free or reduced transportation between common carriers of
or for their officers, agents, employees, attorneys, surgeons, and their
families, and their household and personal effects nor to prohibit any
common carrier from carrying passengers or property free, with the
object of providing relief in cases of general epidemic, pestilence or
other calamitous visitation; not to prohibit any common carrier from
transporting persons or property as incident to or connected with
contracts for construction, operation or maintenance, and to the extent
only that such free transportation is provided for in the contract for
such work, nor to prevent any common carrier from transporting children
under five years of age free. Provided further, that nothing in this
chapter shall prevent the issuance of mileage, excursion, school or
family commutation, commutation passenger tickets, half fare tickets for
the transportation of children under twelve years of age, any form of
reduced rate passenger tickets for persons attending schools or
educational institutions pursuant to title two of the "Servicemen's
Readjustment Act of 1944," or any other form of reduced rate passenger
tickets, or joint interchangeable mileage tickets, with special
privileges as to the amount of free baggage that may be carried under
mileage tickets of one thousand miles or more. But before any common
carrier subject to the provisions of this chapter shall issue any such
mileage, excursion, school or family commutation, commutation, half
fare, or any other form of reduced rate passenger tickets, or joint
interchangeable mileage ticket, with special privileges as aforesaid, it
shall file with the commissioner copies of the tariffs of rates, fares
or charges on which such tickets are to be based, together with the
specifications of the amount of free baggage permitted to be carried
under such joint interchangeable mileage ticket, in the same manner as
common carriers are required to do with regard to other rates by this
chapter. Nor shall anything in this chapter prevent the issuance of
passenger transportation in exchange for advertising space in newspapers
at full rates. The term "employees" as used in subdivisions two and
three, when referring to employees of a common carrier, shall include
furloughed, pensioned and superannuated employees, persons who have
become disabled or infirm in the service of any such common carrier, and
the remains of a person killed in the employment of a carrier and
ex-employees traveling for the purpose of entering the service of any
such common carrier; and the term "families" as used in such
subdivisions shall include the families of those persons named in this
proviso, also the families of persons killed, and the unremarried widow
or widower and minor children during minority of persons who died, while
in the service of such common carrier.

4. Nothing in this section or in any other provision of law shall
limit the power of the commissioner to require the sale of, and upon
investigation prescribe reasonable and just fares as the maximum to be
charged for, commutation, school or family commutation, mileage tickets
over railroads or street railroads, joint interchangeable mileage
tickets, round trip excursion tickets, or any other form of reduced rate
passenger tickets over such railroads or street railroads, including
cummutation, mileage, school tickets or any form of reduced rate tickets
issued to persons attending schools or educational institutions pursuant
to title two of the "Servicemen's Readjustment Act of 1944"; provided
that all special round trip excursion tickets, the sale of which is
limited to less than thirty days, except round trip excursion tickets to
the state fair and return during the holding thereof, shall be deemed
exempt from such regulation by the commissioner.