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COURTS OF THE UNITED STATES—Con.tinued.

Case of Texas & Pac. R. Co. v. Abilene Cot. Oil Co., not conclusive of the right to enjoin unlawful rates, 889.

Commerce Court, 881, 1241-1250.

Concurrent jurisdiction to enforce Employers' Liability and
Safety Appliance Acts, 924, 925, 1449.

Concurrent jurisdiction with courts of the states to enforce
inittial carrier liability, 876, 877, 878, 1189-1199.
Constitutional and statutory provisions affecting the right to
grant injunctions against unlawful rates, 887-889.

District Court Jurisdiction Act, 1250-1257.

District Courts, Shipping Act relating to, 1478. 1479.
Effect given by, to orders of commission to desist, 896-898.
Effect given orders of Commission fixing rates, rules and
practices for the future, 896-908, 1167.

Effect given orders of reparation, 908-910, 1160, 1161.
Exclusive power to enforce acts of Congress may be con-
ferred on, 872, 873.

Expedited hearing, when, 1257, 1258.

Federal control rights growing out of within jurisdiction, 882, 883, 911, 1347, 1369.

Federal statute involved, 876, 877.

Forfeitures may be enforced in, 884.

General jurisdiction of, 882, 883.

Hours of service act, jurisdiction under, 1436.

Federal control rights growing out of within jurisdiction, 1237.

Injunction against unlawful rates at common law, 887, 888. Injunctions against unlawful rates in circuit court of appeals, 890, 891.

Injunctions in circuit courts sine Abilene case, 890.

Injunctions against unlawful rates prior to Abilene case, 888,

889.

Injunctions under anti-trust laws, 1299, 1325, 1326.

Mandamus, may issue writ of, to enforce, act to regulate com-
merce, 884, 885, 1238.

May compel attendance of witnesses before the Interstate
Commerce Commission, 883, 1239, 1240.

May enforce act to regulate commerce, 872-875, 1188, 1238.
May enforce orders of the Commission, 875, 1188, 1238.
May issue injunctive orders to enforce act to regulate com-
merce, 883-891, 1188.

May not declare a rate regularly filed with the Interstate Com-
merce Commission unreasonable prior to action by the
Commission, 302, 304, 1079, 1080.

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COURTS OF THE UNITED STATES-Con,tinued.

Negative orders of Commission, jurisdiction denied, 892-895. Principles upon which right to enjoin increase in rates is based, 887-890.

Right to enjoin an illegal illegal increase in rates, 887-890. Rules followed in suits in United States courts to set aside orders of the Commission, 886, 887.

Safety appliance acts, jurisdiction under, 1422.

Shipper no relief against orders of Commission, 892-895.
Suits in, on orders for reparation or damages, 526, 908, 910,
1071, 1072, 1160, 1161.

Summary of rules as to jurisdiction over negative orders of the
Commission, 895.

Supreme Court, appeals to when, 877.

Tariff construction a judicial question, 880, 898.

Temporary restraining orders, 1253, 1254.

Venue of suits in, to enjoin unlawful advance, 889.

Venue of suits on orders of Commission, 1071, 1072, 1251.

CRUELTY TO ANIMALS.

Act not apply when transportation in car or boat where proper food and exercise is given, 1276.

Act to prevent, 1271-1276.

Act to prevent, constitutional, 1273.

Animals not to be confined longer than 28 hours while in transit, 1271.

Carrier given a lien for feed, 1275.

Feeding at owner's expense, 1275.

"Knowingly and wilfuly" used in act to prevent, defined, 1276. Penalties for each shipment, 1276.

Penalties for violating act to prevent, 1275, 1276.

Prior law on the subject, 1272.

Sheep need not be unloaded at night, 1272.

Suits for penalties a civil action, 1272, 1276.

Time may be, by written request, extended to 36 hours, 1271.
See also Animals, Law to Prevent Cruelty to.

CUMMINS AMENDMENTS.

Amendment copied, 1189-1197.

Amendment discussed, 215, 216.

Amends sec. 7, Act 1906, 1192.

Amends sec. 20, original act, 1189-1197.

Annotated, 1189-1197.

Claims, time of filing limited by, 1191.

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CUMMINS AMENDMENT-Continued.

Loss and damage, full payment required by, 876, 878, 1190, 1191.

Notice of filing claims, when to be given, 1191.

Rates based on value, 1191.

Transportation Act 1920 adopts with slight changes, 215-218, 1192.

Value of commodity as affecting rates under, 1191.

See also Carmack amendment.

D

DAMAGES, RECOVERABLE FOR VIOLATING ACT TO REGU

LATE COMMERCE.

Advancing a rate, awarded for, when, 1075.

Aggregate rates less than through rates, 537.

Amendment of claims for, may be allowed, 1083.

Assignment of claims for, 545, 749.

Attorneys fees, 524, 547, 548, 1071.

Award by commission after hearing, 525-527, 1071-1091, 1150, 1160-1162.

Awards of for discriminatory charges, 530-536.

Awards of for unreasonable charges, 525-530.

Awards of for not plainly stating rate, 540.

Award of prima facie evidence in courts, 526, 908-910.

Breach of contract, commission not to allow for, 1160-1162.
Business, loss of recoverable, 529, 532.

Claims for may be compromised, 1076, 1077.

Claims for should be made in original complaint to commission, 576-578, 1076-1077.

Commission no authority to award a set-off against a shipper,

524.

Commission no authority to award for breach of contract, 524, 525.

Complainant must show that he is damaged, 528, 577, 1071, 1072.

Courts may not award for charging an unreasonable rate prescribed in a regularly filed tariff prior to action by commission, 302, 304, 1079, 1080.

Courts may award damages after the commission has declared
a rate unreasonable, 908, 909, 910, 1071, 1072.

Damages used interchangeably with reparation, 530.
Delivery, failure to make, not ground for, 1076.
Discrimination, undue, allowance for, 530-535, 1083.
Federal Control Who Sued under, 911, 1369.

Fourth section violations, awards for, 536, 537, 1023, 1077.

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DAMAGES, RECOVERABLE FOR VIOLATING ACT TO REGU-
LATE COMMERCE-Continued.

F. O. B. shipper can not recover, 542-544.

Full amount of overcharge may be recovered as, 525-530.
Initial carrier liable on through shipment, 976, 1189-1199.
Informal complaint for, 548, 549, 576, 577, 599, 763, 764.
Interest allowed, 547, 548, 781.

Joint liability of carriers, 544, 545.

Jury trial prior to Act 1889 required, 526.
Limitation on claims for, 548-549, 1161-1164.
May be awarded for misrouting, 540, 541.

May recover for violation of sec. 6, 1081.

May sue on order for in Federal or state court, 875, 876, 908,

1160, 1161.

Measure of, 527-532, 1074.

Must award, when, 532-535, 1160-1162.

Misrouting damages for, 540, 541.

Misquoting rates, 304, 1056, 1057, 1074.

No recovery of for misquoting a rate prior to act of 1910,
304, 1074.

Now may recover for misquoting a rate, 304, 1056, 1057.
None allowed for violating 4th section while application for
relief under is pending, 536, 537, 1081.

Order of commission for prima facie proof of right to, 526,
909, 1083.

Parties to suit for, 910-911, 1071, 1072, 1160, 1161.

Procedure on complaints for, 576, 577, 606, 607, 1160, 1161.
Profits may be recovered, 527-532, 1074.

Protest not necessary before recovery of for charging

able rate, 545, 546, 547, 1075.

unreason-

Rebate to one not measure of damages to another, 535.
Remedy for inadequate for charging unreasonable rate, 548.
Rights to, assignable, 544, 545, 749.

Statement of, form, 623, 1082.

Suit in court on award of, 875, 876, 908-910, 1071-1072, 1160-

1161.

Statement of, what to contain, 623.

Tort, Commission not to allow for, 524, 1073.

Transit, failure to accord, 1081-1082.

Violation of statute authorizes award, 1071, 1081-1082.

What carriers liable for overcharge, 544, 545, 1073.

When a cause of action accrues for, 549, 1162, 1163, 1164.

Where to sue for, 1071, 1072, 1160.

Who may recover for overcharge, 542, 543.

DELIVERY OF INTERSTATE FREIGHT.

Congress alone may regulate, 198.

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DEMURRAGE.

On interstate shipments, 198.

On intrastate shipments governed by state laws, 202.

Reciprocal, 199.

Uniform Code of Rules, 734.

DENSITY OF TRAFFIC.

All traffic, 349, 351.

Particular traffic, 349, 350, 351.

DEPOSITIONS.

Notice of taking, 608, 609.

Of witnesses may be taken on hearing before commission, 608,
609, 1103, 1104.

DEPOTS.

States may require construction of, 163-166.

DIFFERENTIAL.

Between carloads and less-than-carloads, 380, 381, 452, 453.
Between carloads and train-loads illegal, 382, 383.

Defined, 435.

Differential territory described, 317.

DISCLOSING INFORMATION.

Concerning shipments, 1138, 1139.

Penalty for examiner, 1188.

DISCRIMINATION.

Accessorial services, 313.

Against individuals, 417-424, 429-433, 982, 983, 990, 991.
Against localities prohibited, 429-432, 991.

Against traffic prohibited, 435.

A just equality of opportunity required, 1006.

Allowances, generally, when legal, 512, 513, 1139-1142.
Based on service rendered, 506, 512, 513, 1139-1142.

Basing point system, is, when, 370, 372, 492, 493.

Beyond the control of the carrier, 433, 434, 1006.

Billing, classifications, etc., must be without, 484, 1091, 1092.
Carload and less-than-carload rates, 380, 381, 452, 453.

Cars must be furnished without, 477-480.

Commission has primary jurisdiction to determine what is, 434.
Commission may not require rates to be increased in order to
remove, 434.

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