Charles Evans Hughes

“ The finding of the Commission is that, while the use of private cars of railroad officials as 'offices on wheels for those whose duties require considerable travel over the line' is an important facility for carrying on the business of the road, 'it is seldom, however, that these duties necessitate a movement of the car over other lines.' And it is a matter of common knowledge that there are large enterprises, other than railroads, extending throughout the country, or large portions of it, and requiring executive supervision ”

“ That the transportation or movement of private passenger cars, including so-called office cars, of one carrier subject to the Interstate Commerce Act by another such carrier free or at other than published tariff rates is contrary to the provisions of the Interstate Commerce Act ”

“ But, so far as the pass per se is concerned, the hauling of a private car occupied by such a person is as much, and as little,inc idental to the pass in one case as in any other. Even in the case of a rai road official, it appears that, if he owns the private car, its transportation would be subject to the tariff charges on privately owned cars. ”

“ Long-continued practice and the approval of administrative authorities may be persuasive in the interpretation of doubtful provisions of a statute, but cannot alter provisions that are clear and explicit when related to the facts disclosed. A failure to enforce the law does not change it. ”

“ The appellants emphasize the convenience to railraod officials of the existing practice. It is said that much of a railroad officer's time is spent in traveling, not only over his own lines, but to points on the lines of other railroads, in connection, as questions of management and operation, as well as of financial and other executive policies of importance to all the railroads ”

“ That it is unjustly discriminatory and unduly preferential and prejudicial to haul such private cars of other carriers free, or at less than published tariff rates, while charging certain minimum fares and revenues for the movement of privately owned or chartered cars ”

“ Provided, That this provision shall not be construed to prohibit the interchange of passes for the officers, agents, and employees of common carriers, and their families; nor to prohibit any common carrier from carrying passengers free with the object of providing relief in cases of general epidemic, pestilence, or other calamitous visitation: And provided further,↑ See Note 3. ”