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POOLING FREIGHTS.

Illegal prior to 1920, 1027.

Not illegal under Canadian law, 1027.

Not illegal under English law, 1027.

Permitted under Transportation Act 1920, 1026.
Under Shipping Act, 1472.

PORTS.

States may regulate, 264-266.

PREFERENCE.

Interchange of traffic must be without, 438-441, 1009, 1012,
1113.

Length of time that has existed will not legalize, 437, 1002.
Military traffic may have, 1056.

Not undue or unreasonable when circumstances are different,
438-441, 982-993.

Owner of private wharf may give, 442.

Prohibited by English law, 982.

Undue and unreasonable prohibited, 992, 993.

PRESIDENT.

May remove Interstate Commerce Commissioner, 1097, 1098.
To appoint Interstate Commerce Commissioners, 1097, 1098,
1228.

PRESUMPTION.

Rates advanced as result of combination prima facie unreason-
able, 341-349.

Rates long in existence presumed to be reasonably high, 360-
364.

These presumptions not conclusive, 363, 364.

PRINCIPLES OF RATE MAKING.

Accessorial charges, 313.

Amount of tonnage, 349-350.

Basing point system, 370-372, 492, 493.

Breaking rates, 372-374.

Business conditions, 355-358.

Carloads or less-than-carloads, 376-382, 453-454.

Car-mile and train-mile earnings considered, 353.

Classification of commodities necessary, 234, 314-318.

Comparisons between rates on different lines, 352, 374-376.
Competition or its absence, 341, 343.

Contracts for rates not to control rate making bodies, 360.
Cost assemblying theory, 338.

[References are to pages.]

PRINCIPLES OF RATE MAKING-Continued.

Cost of carrier's equipment of little value in fixing express rates, 323.

Cost of service, 318, 319, 330-332.

Danger of loss and damage, 334, 338, 339, 340.

Density of all traffic of carrier considered, 350, 351.

Density of traffic of a particular commodity considered, 350.
Discussion of general principles relating to rate making, 396-

402.

Distance a factor, 352-354, 368.

Distance and rate per ton-mile, 352-354, 368.

Empty haul of equipment, 353.

Equalization of rates, 368-370.

Estoppel not to be applied, 358-360.

General principles stated, 396-402.

Grouping territory, 366-370, 492, 493.

Hazard to shipments considered, 334, 338, 339, 340.

History of commodity rates, 317, 318.

Import rates may be less than domestic, 471.

In and out rates, 423, 424.

Long existence of a particular rate, 360-364.

Manufactured products, 340.

Must consider cost of carrier's equipment, 318-324.
Not determined by ability or lack of to pay, 357, 358.
Opposite directions, rates normally the same, 489, 490.
Problem difficult, 312, 313, 399, 400. 406.

Public interest, 395, 396, 404.

Rate breaking at rivers, 372-374.

Rates long in existence presumed as against carrier to be reasonable. 360-364.

Rates not to be limited to actual cost, 319.

Rate making different from awarding damages, 909.

Rates must be just and reasonable, 311-314, 954.

Raw products, 340.

Service yielding no profit, but causing a loss, may be required

of a common carrier, 329.

Test of a rate best method of determining reasonableness of,

251-253.

The rule, the greater the distance the less the earnings per tonmile, 352, 354.

Through rates and local rates, 383. 384.

Train-load rates, 382.

Two or more line haul, 354.

Use of commodity not to control, 336-338.

Value element can not be too much refined, 336.

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PRINCIPLES OF RATE MAKING-Continued.

Value of the commodity, its utility, 336, 337.

Value of service, 333, 336.

Value of the commodity must be considered, 336, 337.
Voluntary reductions of rate considered, 364.

What is a just and reasonable rate not easily determinable,

312, 313, 399, 400, 406.

What the traffic will bear not a fair basis, 355.

Zone system adopted, 368-370,

PRIVATE CARS.

Carrier owned cars inadequate, 427.

Carriers should pool cars, 428.

Danger of, 428, 429.

Investigation of, 428.

PROCEDURE BEFORE 1HE INTERSTATE COMMERCE COM-

MISSION.

Address of Interstate Commerce Commission 617, 618.
Amendment, 607, 1083.

Answer, form of, 620.

Answers should be specific, 583.

Answers to complaints before, 583, 604-606, 617, 620.
Any person interested in proceedings may intervene, 598.
Applications under long-and-short haul clause, 616.
Argument, oral, 612-614.

Brief, 612-614.

Commission has power to prescribe methods of, 596-1171.
Commission may act without complaint, when, 1109, 1110, 1130,
1131.

Complainant, unlike in a court of equity, need not be free form
fault, 1106, 1107.

Complaints before, 598, 604, 618, 619, 622-625.

Complaints, form of, 618, 619, 622-625.

Complaints not to be dismissed because of complainants lack of
interest, 1110.

Continuances, 607.

Copies of testimony and papers, how furnished, 616.
Depositions may be taken on hearing before, 608-610, 1103,
1104.

Documentary evidence, 610-612.

Fourth section relief, 616.

Full hearing must be granted, 907.

Hearings, 607, 608, 907.

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PROCEDURE BEFORE COMMISSION-Continued.

Information to parties, 617.

Interventions, 598, 620.

Joinder of actions in complaints, 576, 577.

Must be notice before hearing, 580-582.

Not technical, 404, 405, 578, 579.

Oral argument, 612-614.

Orders continue how long, 1121.

Parties, 597.

Printing briefs, 612-614.

Rehearings, 615, 1169, 1173.

Reparation, what claim for should state, 606, 617, 623.

Res adjudicata, rule as to, not applied, 591.

Rules of prescribed, 578-579.

Service of papers, 593, 1165.

Service of orders of the Commission, 593, 1165.

Sessions public, 596.

Shipping Board, 1465, 1476-1479.

State decisions not followed, 591.

Statute relating to, 1171.

Stipulations, 607.

Suspensions of rate increases, how obtained, 587.

Technical, not, 404, 405, 578, 579.

Transcript of evidence, 616.

Valuation of railroads, procedure in making, 594.
Witnesses and subpoenas, 610.

PROCEDURE BEFORE SHIPPING BOARD.

Procedure, 1465, 1476, 1479.

Rules of, 1465.

See Also Merchant Marine Act and Shipping Act.

PROPORTIONAL RATE.

Carrier, water, 445.

Defined, 384.

Different depending on point of origin, 384, 471.

Discussion of with water carrier, 386.*

Rules applicable to, 384-386.

When to and from ports, 386, 445.

PROSPERITY.

In times of, carrier may restore rates that had declined under

commercial conditions, 357, 358.

Of shipper, carrier can not absorb, 357, 358.

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PROTEST.

Not necessary before recovering for overcharge, 545-547, 1075.

PUBLIC INTEREST.

Must be considered in fixing charges of public corporations, 395, 396, 404.

Regulation of rates and business based on, 221, 232, 233, 276, 284.

PUBLISHING TARIFFS.

Duty of carriers to, 1036, 1037, 1038, 1047.

Thirty days notice of, 1045.

Time of notice of may be shortened, 1045, 1046.

Q

QUARANTINE.

Duty of Secretary of Agriculture to prescribe regulations for transporting cattle from quarantine territory, 918, 919, 1277, 1278.

Illegal to transport cattle from quarantine territory, 918, 919;
1277, 1278.

Penalty for violating Federal law, 918, 919, 1277, 1278.
State laws requiring, 267, 268.

R

RACES.

Laws of states separating white and negro, 206-208.

RAILROAD.

Defined, 947, 948.

State, commissions, complaints by, 1109-1111.

RAILROAD CROSSINGS.

Speed of train slackened at, 189, 190.

States may regulate, 189, 195.

States may require whistle blown and speed of trains slackened at, 195, 196.

RAILROADS.

Consolidation of authorized, 921, 1012, 1032, 1033.

RATE IN AND OF ITSELF.

Can rarely determine whether or not reasonable, 404.

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