"What was the advantage of being deemed a Common Carrier? Easy, you could insist on a split of the line-haul fees rather than just having to charge a switching fee. In other words, MORE MONEY"
But the real reason was the right to Charter a railroad and condemn land and build your track over someone else's property as you needed to progress. You did not have to buy the property but a railroad did have to pay damages for the space they took.
Why are electric railroad and interurbans not covered by the "Act to Create the ICC"? Because they did not waybill or ship freight across state lines or issue interline bills. If they did ship freight, as some interurbans did, like Sacemento Northern, then they did come under the ICC. It all relates back to the US Constitution which gives the federal government power over inTERstate and Foreign commerce, but excludes its authority over inTRAstate commerce. The issue of State Rights is directly here.
All states have issued laws which permit any railroad, CC or Private, to build across a public right of way, as that space is for public use and a train has as much right to the space as any other person or vehicle. Design of the track in the road is subject to state control and rules.
A Common Carrier RR is one that wanted access to the land without buying all of it, and intends to handle freight using waybills,Passengers, and interline waybills. After the ICC was formed and Zone rates were established for the shippers, the joint rates splits of these were an advantage to all carriers.
Mining, logging and other railroads or trams which only handle their own material and do not waybill or interline the material can never come under any federal law per the directions of the US Constitution. Many tourist railroad fit this catetory and regardless of the FRA Act, are out of jurisdiction of the Federal Government. When they sell a enty ticket, and not a station to station ticket, they do not conduct transportation, and are only a amusement.
As a side note: the longest private railroad in Eastern US is now the Durbin & Greenbrier Valley RR from High Falls, WV (MP 2.8) to Bergoo, WV (MP 74.5). This is isolated from the national system by a derail and is run upon by the 1925 style Edward Gas Car, built new in 2000.
