ACTS OF THE GENERAL ASSEMBLY

than those designated in Section 2 of this act, to accept, or use, or attempt to use, any free pass, or free transportation or ticket, issued or given by such common carrier.

§ 2. No common carrier subject to the provisions of this act, shall, directly or indirectly, issue or give any free pass, or free transportation, or sell any ticket at reduced rates not common to the public, for passengers, except to its officers, bona fide employes, agents, attorneys, physicians and surgeons, and the dependent members of their immediate families; ministers of religion, persons engaged exclusively in charitable and eleemosynary work, inmates of homes, for the rescue and reform of the unfortunate or vicious, including those about to enter such institutions, and those returning home after discharge, and boards of managers, including officers and superintendents of such homes; indigent, destitute and homeless persons, and such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; necessary caretakers of live stock, poultry, milk or fruit, including return transportation to the forwarding point; traveling secretaries of Young Men's Christian Associations, and officers or regular accredited representatives of labor organizations, composed wholly of employes of such common carriers; employes of sleeping cars, express cars, and linemen of telegraph and telephone companies; railway mail service employes, postoffice inspectors, customs inspectors and immigration inspectors; newsboys on trains and baggage agents; witnesses attending any legal investigation or proceeding in which such common carrier is interested; persons injured in wrecks, or accidents; and physicians and nurses attending

such persons, and employes crippled or disabled in the service of such common carrier; to inmates of National or State Homes for Soldiers and Sailors; policemen and firemen of any city wearing the insignia of their office within the limit of such city; school children going to and returning from public or parochial schools, or students of the State University or State Normal Schools, going to and returning from such institutions; regularly employed common school and high school inspectors; all persons traveling upon a special train or car provided by such common carrier for educational, health or agricultural purposes, or any car for the distribution of fish or game or the employes of the Game and Fish Commission while engaged in the distribution of fish or game and, provided, further, that nothing contained in this act shall be construed or deemed to prohibit the interchange of free passes, or free transportation for officers, agents, attorneys and employes of such common carriers, and the dependent members of their immediate families.

$ 3. If any officer, agent, attorney or employe of such common carrier be also a State, county, district or municipal officer, member of the General Assembly or judge, then the exemption or exception contained in section two of this act shall not apply, but the provisions of section one and the penalties prescribed by this act shall apply to the giving and acceptance or use, or attempted use of a free pass or free transportation.

4. "Free pass," or "free transportation," as used in this act, shall include any ticket, pass, contract, permit or transportation issued, furnished or given to any person by any common carrier of passengers, or passage for any other consideration than money paid in the usual way at the same rate,

fare or charge open to all who desire to purchase, and shall include any ticket sold at reduced rate not common to all the public; provided, however, that nothing herein contained shall prevent the bona fide exchange of transportation for advertising matter actually contracted. "Families" as used in this act, include the families of those persons killed, and the widows during widowhood and minor children, during minority, of persons who died while in the service of such carrier. "Employes," as used in this act shall include furloughed, pensioned, superannuated employes, and persons who have become disabled or infirm in the service of such carrier.

§ 5. Any common carrier of passengers, or any officer, agent, or representative thereof, violating any of the provisions of this act, shall, for each offense, be fined not less than five hundred dollars, nor more than twenty-five hundred dollars, or confined in the county jail for not less than thirty days, and not more than ninety days, or may be both so fined and imprisoned in the discretion of the jury; and, any person, or persons, other than those excepted in this act, who shall accept or use, or attempt to use any free pass or free transportation for carriage or passage within this State, shall be subject to a like penalty; and if any person guilty of a violation of the provisions of this act, be, at the time of the commission of the offense, a State, county, district or municipal officer, member of the General Assembly or judge of any court, then, in addition to the penalties hereinbefore imposed, he shall forfeit his office.

6. No person within the purview of this act shall be privileged from testifying in relation to anything herein prohibited, but no person having so testified shall be liable to any prosecution or punish

ment for any offense concerning which he was required to give his testimony.

§ 7. The circuit court of any county through, or into which, any person shall be transported in violation of the provisions of this act shall have jurisdiction of the offense.

§ 8. Where, under the constitution, the vacation of any office may be had by proceeding in the courts of the Commonwealth the proceeding to vacate the office of persons found guilty of a violation of this act, shall be in the circuit court of the county of his residence. The proceeding to vacate all other offices under this act shall be in those tribunals and in the manner now provided by law.

9. Upon information filed in the office of the Attorney General of this State by any Commonwealth's Attorney or county attorney, stating that any person found guilty of a violation of the provisions of this act, was at the time of the commission of the offense a State, county, district or municipal officer, or member of the General Assembly, or judge, or, upon the affidavit of any person, filed in the office of the Attorney General, accompanied by an attested copy of the judgment of the court in which the conviction was had, stating that the person convicted was at the time of the commission of the offense, a State, county, district, municipal officer, or member of the General Assembly, or judge, it shall be the duty of the Attorney General to institute, or cause to be instituted in the tribunal having jurisdiction to vacate the office held by the guilty person, proceeding to vacate his office, and it shall be the duty of all Commonwealth's Attorneys and county attorneys, within their respective districts and counties, to institute and prosecute, or aid in the prosecution of such proceedings to vacate such offices, where they

may be vacated by the courts of this Commonwealth, upon the request of the Attorney General; and where, in such cases the courts of this Commonwealth have not jurisdiction to vacate the office of a person found guilty of a violation of the provisions of this act, the Attorney General shall file information of the conviction of such person in that tribunal having jurisdiction to vacate his office. In any action or proceeding in any court of this Commonwealth to vacate the office of a State, county, district or municipal officer, or member of the General Assembly or judge, guilty of a violation of this act, his former conviction of the offense in any court having jurisdiction shall be conclusive evidence of his guilt.

$10. Every common carrier of passengers in this State shall keep an accurate record of each and every free pass, or free transportation or ticket sold at reduced rate not common to the public, which it has issued or given to any person, except to its officers and regular employes, and their immediate families, within one year next before the thirty-first day of December of each year, which record shall state when and to whom each free pass or free transportation, was given, the nature and character of the free pass, whether a general pass, and for what length of time given, or whether a limited pass, and to points from which and to which it was issued. On or before March 1st, 1918, every such common carrier shall file in the office of the Attorney General a true and correct report of all such free passes or free transportations issued between January 1, 1917, and December 31st, 1917, and thereafter, every such common carrier shall, on or before the 1st day of March, file in the same manner a statement of all such free passes, or free transportation, or tickets