[References are to sections]

CLASSIFICATION-Continued

shipment in more convenient form, 520.
perishable freight, 521.

less than usual care required, 522.
unusual care in handling required, 523.
classification based on volume, 524.
large volume of traffic, 525.

value of the goods, 526.

bases of comparing values of goods, 528.
differing value of same kind of freight, 529.
See RATES, DISCRIMINATIONS.

CLAYTON ACT,

See HISTORY OF STATUTORY REGULATIONS.

CLEANING IN TRANSIT,

See TRANSIT PRIVILEGES.

COMBINATIONS OF CARRIERS,
provisions of the Act, 950.

complications in case of systems, 370.
(1) long term lease, 370.

(2) consolidating company, 370.

(3) traffic agreement, 370.

(4) complete consolidation, 370.

divisions as integral parts of the whole system, 371.

unprofitable portions of the line not considered, 372.

systems considered as wholes, 373.

treatment of branch lines, 374.

constituent roads operated under separate charters, 375.
rent of leased portions, 376.

if rental becomes unjustifiable, 377.

[References are to sections]

COMMON CARRIERS-Continued

1. Common carriage.

the history of the carrier, 5.

common carrier of goods, 5.

railroad companies are common carriers, 162.

common carriers as such, 85.

carriers subject to the Act, 184.

term "common carrier" defined, 160.
definitions of common carriers, 186.
who is a common carrier, 188.

public profession of common carrier, 187.
how private carrier distinguished, 188.
commitment to public service, 187.
what lines are common carriers, 190.

duty to provide transportation, 931.

2. Public profession.

public railroads, 191.

private railroads, 191.
industrial railways, 192.

joint rates, 193.

tap lines, 194.

plant facilities, 195.

line haul, 196.

intermingled service, 197.

See INTERSTATE CARRIERS, PUBLIC DUTY.

COMMUTATION FARES,

COMPETITION,

See PASSENGER Carriage.

1. Competition no excuse for personal discrimination.
whether concessions may be made in competition, 672.
competitive conditions do not justify discriminations, 673.
reductions to get competitive business illegal, 674.

concessions to get shipments, 675.

additional services performed for certain shippers, 678.
whether concessions may be made to large shippers, 680.
unreasonable differences forbidden by all courts, 682.
reasonable differences permitted by some courts, 683.
prevalent doctrine against reduction, 684.
2. Competition justifies relative discrimination.
rates may be made to meet competition, 452.
competition as a factor in rate making, 453.
policy for permitting competitive rates, 454.
rates low enough to hold business, 455.
reduction below a remunerative basis, 456.
standard rate among competing lines, 457.

competition not a ground for raising rates, 458.

absence of competition does not justify increase, 459.
no obligation to meet competition, 460.

[References are to sections]

COMPETITION-Continued

3. Competition affecting rate structure.
incidents of competition, 794.

actual or potential competition, 793.
competition at a given point, 793.
competitive forces focused at points, 588.
competition may change relations, 588.
competitive conditions when shown, 588.
preserving competition in commodities, 596.
rate to the competitive point, 598.
competitive points sometimes grouped, 599.
rates affected by water competition, 600.
competition may be by rail, 793.

4. Competition as a justification.

competition as a factor in rate making, 793.
allow to competition due weight, 793.
competition sufficient to justify, 793.
competition at a favored point, 793.
acute competitive conditions, 793.
between a railroad and a waterway, 796.
rate forced by water competition, 796.
non-competitive rates must be reasonable, 798.
potential competition, 799.

suppression of competition by agreement, 800.

suppression of competition by consolidation, 801.

carriers may refuse to make competitive rates, 802.
See RATES, DISCRIMINATIONS.

COMPLAINTS,

provisions of the Act, 1070.

must investigate any complaint forwarded, 1070.

informal complaint, 1083.

commission should exhaust its activities, 1074.

individual rate during general inquiry, 1076.

statement of the wrong, 1077.

different complaints should not be combined, 1077.

damages with sufficient definiteness, 1077.

sufficiency of the complaint, 1078.

there are no technicalities, 1078.

sufficient if the complaint states issue, 1078.

amendment to complaint, 1080.

improper complaints cannot be cured, 1080.

amendment in effect making a new case, 1080.

complainant not coming with clean hands, 1084.

scope of the doctrine, 1085.

See PROCEDURE, INTERSTATE COMMERCE COMMISSION.

COMPRESSING IN TRANSIT,

See TRANSIT PRIVILEGES.

CONNECTING CARRIAGE,
provisions of the Act, 910.
1. Basis of through service.

through service may be undertaken, 862.
presumptions as to through carriage, 863.
effect of the Carmack Amendment, 864.
what constitutes connecting service, 865.
obligation of initial carrier, 866.
obligation of the second carrier, 867.
duties as to routing, 868.

fixing the blame for misrouting, 869.

carriers not compelled to bill through, 870.

discrimination forbidden where public duty involved, 871.

2. Facilities for interchanging business.

physical connections at common law, 882.
discrimination between connecting lines, 883.

extent of these requirements, 884.

demand for connecting service, 885.

compulsory interchange of business, 886.

contracts with grain elevators, 922.
arrangements with stockyards, 923.
present scope of the Act, 889.
duty to deliver to connections, 890.
policy of recent legislation, 891.
carriage through in same car, 936.

provision of cars in through service, 937.

See JOINT RATES.

CONSOLIDATION OF CORPORATIONS,

See COMBINATIONS, POOLING.

CONSTITUTIONAL LAW,

1. Protection from confiscation.

establishment of the power to restrict charges, 302.
rates fixed must not produce a deficit, 303.

reasonable return must be left, 305.

general policy for allowing a fair return, 320.

reductions ruinous only to certain companies, 327.

power to set aside a statutory rate, 273.

what statutory rate takes property, 273.

jurisdiction of the Commission, 308.

reasonable profit upon each transaction, 307.

constitutional limitations upon commission regulation, 236.
virtually confiscation of property, 236.

[References are to sections]

CONSTITUTIONAL LAW-Continued

reasonable rates not necessarily profitable, 237.
when fair net earnings left, 238.
less than the average rate, 238.

the out of pocket cost in, 238.

possibility of increase of business, 239.
amount of the capital invested, 226.

fair profit on his capital, 220.

tests of the reasonableness of a schedule, 221.
used by the public without just compensation, 221.
reasonable charge or system of charges, 222.
reasonableness of the schedule as a whole, 220.

2. Right to reasonable charges.

general principles governing reasonableness, 211.
limitations within which rates must be made, 213.
unreasonable regulation universally forbidden, 214.
interests of the companies to be considered, 216.
rights of the company not ignored, 216.
interests of the public to be considered, 217.
more or less conflicting interests, 218.
schedule as a whole may throw light, 229.

bearing of tariff as a whole, 230.

the entire schedule of rates, 230.

rule of proportionality in sharing costs, 231.

relation of a particular rate to a whole schedule, 223.

reasonable share of the burden, 224.

company cannot make unreasonable rates, 225.

company cannot justify exorbitant profits, 226.

special circumstances affecting the particular rate, 227.
reasonableness of the separate rates, 228.

fair share of the whole amount, 228.

gross income from the schedule, 229.

average cost always modified, 232.

See RATE REGULATION INTERSTATE COMMERCE.

COST AS BASIS OF RATES,

cost of service the basic test, 385.

respect paid to the cost basis, 384.

costs considered in determining comparative reasonableness, 386.

the law of increasing returns, 387.

length of haul as a factor, 388.
volume of traffic as a factor, 390.
distribution of the burden, 383.

proper proportion of total costs, 392.
allocation of joint costs, 394.
basis of the proportion, 396.

average rate per unit of service, 397.

special conditions affecting cost, 404.