RATES-Continued. 2. Rates of carriers - Continued. - Continued. (c) Reasonableness to carrier and shipper Consideration of entire system, n. [43], pp. 516, 517. Capitalization improper basis, n. [45], p. 517. Present value as proper basis, n. [46], pp. 517-519. Depreciation, n. [48], p. 520. Losses of traffic from new routes, n. [49], p. 520. Leases, n. [50], p. 520. Stocks, bonds, etc., n. [51], pp. 520, 521. Operating expenses, n. [52], pp. 521, 522. Earnings and general financial condition of road, n. Value and cost of service rendered, n. [54], pp. 524, Risks of the enterprise, n. [55], pp. 525, 526. Cost and value of articles transported, n. [56], pp. 526, Remunerativeness of business of shipper, n. [57], p. 527. Interest of complainant, n. [58], p. 527. Tonnage and volume of traffic, n. [59], pp. 527, 528. Past conditions not controlling, n. [64], p. 531. Comparison with other rates, etc., n. [65], pp. 532–534. Reduction of rate by carrier as showing unreasonable- Statistical tables, n. [69], p. 537. Reports and statements, n. [70], pp. 537, 538. Opinion evidence, n. [71], p. 538. (d) Discriminations and preferences. Powers of state and commission as to rates generally, see RATES-Continued. 2. Rates of carriers - Continued. (d) Discriminations and preferences Continued. Rates on carload and less than carload lots, n. [45], p. Discrimination prohibited, § 31, pp. 250, 251; n. [1], pp. Rebates unlawful, § 31, pp. 250, 251; n. [16], pp. 259, Discretion of carriers in fixing rates, n. [2], pp. 254, 255. Whether mere making of rates constitutes discrimina- Tangible injury necessary to make discriminations un- Absence of injury to complainants does not justify dis- Complainant as to disparity between through and local Whether carriers are bound by acts of agents in giving, Divisibility of contracts giving unjust preferences, n. Shippers are bound to know lawful rates, n. [11], p. 257. Ownership of freight as affecting duty of carrier as to, Intent of carrier in giving preferences, n. [17], p. 260. agreements, n. [18], p. 261. Lowest rate given should be standard, n. [19], p. 261. Statutes forbidding discriminations, n. [21]-[24], pp. Effect on existing contracts of statutes forbidding dis- Determination of comparative reasonableness: In general, n. [25], pp. 263, 264; n. [7], p. 315. RATES-Continued. 2. Rates of carriers - Continued. (d) Discriminations and preferences - Continued. tinued: - Con- Reasonableness of rates in themselves material, n. [27], Comparisons with other rates, n. [28], pp. 264, 265. Relations between carrier and shipper relevant, n. Consideration of contracts, n. [31], p. 266. Dissimilarity of circumstances and conditions as justifi- In general, n. [32], pp. 266, 267. What constitutes dissimilarity generally, n. [33], pp. What difference in circumstances justifies, n. [34], p. Determination of question, n. [35], p. 269. Dissimilarity created by carriers themselves, n. [36], Whether competition may be considered, n. [37], pp. When competition exists, n. [38], p. 271. What competition justifies disparities in rates, n. [39], Extent to which competition justifies, n. [40], pp. 272, What are "contemporaneous shipments," n. [41], p. 273. Need of revenue by carrier as justification, n. [42], p. Cost or value of article carried as justification, n. [43], Amount of freight shipped as affecting carriers' duty, Other traffic from shipper or passenger as justification, Exclusive patronage by shipper as affecting duty, n. Discriminations to obtain traffic, n. [47], pp. 277, 278. Protection of carriers' interests, n. [49], p. 278. Failure of railroad to pay expenses, n. [50], pp. 278, (d) Discriminations and preferences - Continued. Time of year, n. [51], p. 279. Effect of investments and expenditures by shippers, n. Orders of military authorities, n. [53], p. 279. Contracts, n. [54], p. 279. Direction of movement of traffic, n. [55], pp. 279, 280. Arbitraries and differentials, n. [60], pp. 282–284. Discrimination through charging for gross instead of Discrimination as to shipments in private cars, n. [65], Whether particular facts show unjust discriminations, n. What adjustment carriers may make, n. [67], pp. 296- 298. Discretion of carrier in fixing, n. [69], p. 299. What adjustment carriers may make, n. [67], pp. 296- Exaction of local rates on through traffic, n. [68], p. Measure of proper through rate, n. [70], p. 299. Through rates as standards of comparison, n. [71], What constitutes a through shipment, n. [72], p. 299. Division of through rate, n. [74], p. 300. Complainant as to disparities in, must be person af- Identity of service, n. [76], p. 300. Interference by commission with adjustment of, n. [8], RATES-Continued. 2. Rates of carriers - Continued. (d) Discriminations and preferences - Continued. Discriminations between localities, in general, n. [12], General rules and principles as to discrimination be- Rebilling rate must be open to all, n. [18], p. 325. Violation of long and short haul rule as discrimination No portion of, shall be refunded, § 33, pp. 343, 344. What constitutes a discrimination in, between connect- Investigation as to discriminatory rates, § 49, pp. 474, Commission may determine whether rates are discrimi- natory, § 49, pp. 474, 475. (e) Charges for long and short haul: Criminal liability for violation of rule, see, CRIMINAL General powers of state and commission as to rates, see 377, 378; n. [15], pp. 379, 380. Purpose of long and short haul provisions, n. [1], p. 378. Long and short haul rule did not exist at common law, n. Departures from long and short haul rule may be unjust No definite rule applicable to solution of questions, n. Whether rates violate long and short haul rule, a ques- Validity of statutes, n. [9], p. 381. Relief from long and short haul rule, § 36, pp. 377, 378; Proceedings before commission where violation is alleged, |