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[References are to sections]

COST AS BASIS OF RATES-Continued

costs do not determine rates, 409.

cost of service for different systems, 413.

cost of service for different parts of the same system, 414.

COST OF REPRODUCTION,

See CAPITALIZATION.

CRIMINAL PROSECUTION,

1. Elements of the crime.

what amounts to a rebate, 624.
dummy transportation company, 624.
discount allowed to shippers, 625.
like and contemporaneous service, 625.
similar circumstances and conditions, 625.

less than the schedule, 625.

published rate as an absolute standard, 626.

statute provides a complete system, 626.

"discrimination" as used in the Elkins Act, 628.
exaction of a special rate, 628.

devices for concealing preference unavailing, 630.

2. Whether intent is necessary.

what intent is necessary, 634.

turpitude or moral wrong, 634.

rebating must be willful, 634.

certain unlawful devices considered, 631.

under the Elkins Act, 631.

fraudulent schemes or devices, 631.

schemes to cover discrimination, 632.

criminal proceedings for discrimination, 633.

charge under the Elkins Act, 633.
failure to allege the payment, 633.
acceptance of a concession, 633.

See DISCRIMINATION.

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DEFENSES-Continued

[References are to sections].

running of the statute is not barred, 1110.
dismissal when order unnecessary, 1111.
locus penitentiæ in order to determine, 1111.
a complaint will be dismissed, 1111.
default for failure to proceed, 1100.

if the complainant fails to appear, 1100.
dismissal of the complaint, 1101.
prosecuted with reasonable diligence, 1101.
stay of proceedings, 1102.

satisfaction of complaint, 1103.

See PROCEDURE BEFORE THE COMMISSION.

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DISCRIMINATION, ILLEGAL,

provisions of the Act, 670.

barter of transportation forbidden, 649, 650.

1. Concessions to get business.

the same rate for substantially similar services, 671.
concessions made in competition, 672.

competitive conditions do not justify discriminations, 673.

reductions to get competitive business illegal, 674.

concessions to get shipments from outlying territory, 675.

shippers making expensive preparations, 677.

prevalent doctrine against reduction, 684.

[References are to sections]

DISCRIMINATION, ILLEGAL-Continued

reasonable difference sometimes permitted, 683.
unreasonable differences now forbidden, 682.
unreasonable differences universally forbidden, 681.
concessions made to large shippers, 680.

2. Concessions to large shippers.

additional services performed for certain shippers, 678.
reductions to large shippers unjust, 685.

services to large and small practically identical, 686.
differences in amount of shipment, 687.

reductions to groups of passengers, 688.

special kinds of passenger transportation, 689.

3. Rebates to exclusive shippers.

lower rates formerly made to exclusive shippers, 690.
such discriminations foster monopolies, 691.

shippers who agree to give all their business, 692.

consideration of the cost of serving, 693.

shippers requiring less service, 694.

shippers who agree to furnish large quantities, 695.

charging other shippers more than contract rates, 696.
competitive rates for through business, 697.

previous or subsequent haul, 698.

other methods of holding business, 699.
4. Concessions for special kinds of business.
different rates for goods, 700.

such rates formerly allowed, 701.
repudiation of this doctrine, 702.
such differences now held illegal, 703.

classification based upon use, 704.

personality of shipper, 705.

restricting rates to certain purposes, 706.

when commodities are of different character, 707.

rates to certain classes of shippers, 708.

what concessions constitute discrimination, 658.

rule forbidding personal discrimination, 621.
See SCHEDULES OF RATES.

DISCRIMINATION, JUSTIFIABLE,

provisions of the Act, 670.

1. Reasonable differences.

provisions of the Act, 710.
modification of the rule, 711.
what preference is undue, 712.
differences in transportation cost, 713.
certain economies in operation, 714.
like circumstances and conditions, 715.
what circumstances can be considered, 716.
differences in the conditions of service, 717.

[References are to sections]

DISCRIMINATION, JUSTIFIABLE-Continued
proportionate differences may be made, 718.
rates should not be disproportionate, 719.
2. Shipment in more convenient units.

differences in the character of the service, 720.
shipment in carloads, 721.

advantages of carload traffic, 722.

permission to mix carloads, 723.

lower rates for shipments in bulk, 724.

shipments in trainloads problematical, 725.
contracts for regular shipments, 726.
the basis of the differential, 728.
comparison of bulk rates, 729.

3. Facilities furnished by shippers.

terminal facilities furnished by shippers, 730.
undue prejudice in granting allowance, 731.
unjustifiable differences in rates, 732.
concessions to shippers in bulk, 733.
railroad without tank cars, 734.

transportation expenses paid by shipper, 735.
rental paid on shipper's cars, 736.

allowance for cars or facilities furnished, 737.

4. Restriction to scheduled allowance.

extent of statutory restrictions, 629, 738.

both rates must be open to all, 739.

lighterage allowance, 740.

elevation charges, 741.

transit privileges, 742.

terminal allowances, 743.

allowances for facilities, 744.

where service of different character, 659.

where no public service involved, 760.

See CARLOAD & L. C. L.

DISCRIMINATION, LOCALITIES,

1. Discrimination at common law and under statute.

provisions of the Act, 750.

scope of its principles, 751.

locality had no right at common law, 752.

statutory regulation of discrimination between localities, 753.

lower rate as evidence of unreasonableness of higher, 754.

weight to be given to such evidence, 755.

higher rate not necessarily unreasonable, 756.

reasonableness of rate per se immaterial under statute, 757.

2. General principles of statutory regulation.

what discrimination is not unlawful, 758.

interdependence of rates to various localities, 760.

no vested right in preferential rates, 761.

[References are to sections]

DISCRIMINATION, LOCALITIES—Continued

discrimination explained by local circumstances, 762.
distance as a factor in rate making, 763.

difference between through and local rates, 764.
railroad rates tend towards a cost basis, 765.

various systems of making distance rates, 766.

burden upon the railroad to defend discriminatory rates, 767.

3. What constitutes undue prejudice.

provisions against undue prejudice, 768.

discrimination by means of rate adjustments, 770.

conditions which are not dissimilar, 771.

dissimilarity of condition is a question of fact, 772.
discrimination against points off the line, 773.

equalization of value, 777.

discrimination against the staple industry, 776.

relative discrimination inconsistent with public duty, 778.
equalization of economic advantages-economic theory, 775.
equalization of economic advantages-legal practice, 776.
4. Long and short haul.

long and short haul at common law, 780.

statutory regulations of long and short haul, 781.
legal justification of lower long-haul rate, 782.

The Fourth Section Amendment of 1910, 783.

general principles governing the Fourth Section, 785.
interpretation of the section, 786.

relief from this section, 787.

commodity and market competition, 788.

conditions justifying relief from the Fourth Section, 790.
interpretation and application of the Fourth Section, 786.
principles governing deviation from the Fourth Section, 788.
See RATE STRUCTURE.

DISCRIMINATION, PERSONS,

provisions of the Act, 610.

1. Successive theories as to discrimination.
provisions of the Act, 610.

development of the rule, 611.

nothing but reasonableness once required, 612.
no rule formerly against discrimination as such, 613.
later rule against unreasonable differences, 614.
outright discrimination next condemned, 615.
exclusiveness of the privilege, 616.

special concessions from established rates, 617.
complainant charged more than regular rates, 618.

all discrimination forbidden by the better view, 619.
public injury by discriminations, 622.

2. What constitutes statutory discrimination.

policy of the Act, 623.

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