[References are to sections]

DISCRIMINATION, PERSONS—Continued

what amounts to a rebate, 624.
prohibition of special rates, 625.
explanation of this policy, 626.
what discrimination is forbidden, 627.
departure from published rate, 628.

sanctity of the scheduled rate, 629.

devices for concealing preference unavailing, 630.
settling freights in debenture bonds, 915.

certain unlawful devices considered, 631.

schemes to cover discrimination, 632.

necessity for the rule against discrimination, 620.

3. Established exceptions to rule.

public wrong in giving free passes, 636.
passes prima facie discrimination, 637.
reductions for general classes, 638.
statutory exceptions are exclusive, 639.
concession for government business, 641.
reduction for charitable purposes, 642.
transportation for the carrier itself, 643.
policy of the commodities clause, 645.
carriage for other companies, 646.

no obligation to grant such concessions, 647.
collateral results of illegal discrimination, 648.

4. Other considerations for reductions.

other consideration formerly considered, 649.
indefinite considerations cannot be a basis, 650.
concessions to those who deal with the carrier, 651.
fostering the interests of the carrier, 652.
barter of transportation forbidden, 653.
inconsistent contracts held unavailing, 654.
continuing contracts no justification, 655.
preference in certain services permissible, 657.
whether executed contracts are different, 656.
See INTERSTATE COMMMERCE COMMISSION.

EQUALIZATION,

1. The theory of equalization.

operation of the principle of equalization, 462.
no duty of a carrier to regulate markets, 462.
limitations upon the Commission, 463.

not its function to equalize, 463.

rates made from a commercial standpoint, 464.

carriers not obliged to equalize disadvantages, 466.

protection of natural advantage, 467.

no right to build artificial markets, 468.

no equalization of patrons, 469.

equalization of advantage as a factor, 470.

rates should not equalize differences in value, 470.

[References are to sections]

EQUALIZATION-Continued

2. Scope of its operation.

beyond the legitimate sphere of law, 776.
overcoming a natural disadvantage, 776.

Commission does not attempt to equalize, 776.

equalization of values, 778.

relative discrimination thought inconsistent, 799.
unduly prejudicing, 805.

what differentials may be allowed, 807.

no obligation to make preferential rates, 809.
See RATE POLICIES.

EMPLOYEES,

EVIDENCE,

See OPERATING EXPENSES, ACCOUNTS.

provisions of the Act, 990, 991, 1030, 1031, 1070, 1071.
1. Production of evidence.

summoning witnesses in general investigations, 1015.
testimony compelled in quasi-judicial proceedings, 1014.
ordinary rules of evidence applicable, 1112.
Commission is not bound, 1113.

res adjudicata before Commission, 1113.
insufficient grounds for findings, 1114.

proof of damage required, 1115.

privilege against self-crimination, 1118.

a witness is protected, 1118.

adverse interest of witnesses, 1119.

testimony on both sides introduced, 1120.

production of books and papers, 1121.

presumptions from voluntary continuance, 1116.
admissions by making changes, 1117.

2. Weight of evidence.

customary rate presumably reasonable, 444.
where a long-established rate, 444.

services not justly compared, 444.

existence of a rate prejudices advance, 444.

rates unreasonable in themselves, 445.

what makes rates unreasonable, 446.

current rates for other transportation, 447.

comparison with other rates, 448.

lines of other and distinct carriers, 448.

comparison of one isolated inconclusive, 448.

evidence inadmissible unless conditions are similar, 449.
comparison of rates between different localities, 450.
adequate for one not reasonable for another, 450.
rates in one section furnish no criterion, 450.
introduction of new evidence in the courts, 1155.
findings of the Commission as evidence, 1164.

EVIDENCE-Continued

[References are to sections]

judicial process to enforce testimony, 1157.
other lines operating in different territory, 450.
See PROCEDURE.

EXCLUSIVE SHIPPERS,

EXPENDITURES,

See DISCRIMINATION, PERSONAL.

See OPERATING EXPENSES.

EXPORT RATES,

See FOREIGN COMMERCE.

EXPRESS COMPANIES,

express companies as common carriers, 166.
not merely as forwarders, 166.

express business conducted by railroad itself, 166.

why express service is desired, 166.

practices of the express companies, 914.

EXTRA CHARGES,

general principles as to additional charges, 570.
propriety of making extra charges, 571.
freight should cover the entire transportation, 572.
no separate charge for a part of the transit, 573.
charges for services during transportation, 574.
See RATE STRUCTURE.

F

FACILITIES,

provisions of the Act, 160, 910.

1. Provision of reasonable facilities.

present jurisdiction over service facilities, 911.

not required by original Act, 920.

orders concerning freight delivery, 921.

service at private sidings, 924.

installing switches now under the Act, 925.

basis for ordering switch connection, 926.

protection of its terminals, 929.

basis of the duty to supply equipment, 930.
Commission jurisdiction over equipment, 931.
provision of special equipment, 933.

the obligation treated reasonably, 932.
any discriminatory treatment forbidden, 927.

2. Distribution of available equipment.

demand foreseen although unusual, 934.
reasonable time to increase facilities, 935.
discrimination in use of cars, 938.

order of preference between shippers, 940.
where no preference justifiable, 941.

FACILITIES-Continued

[References are to sections]

basis of prorating cars, 942.

respective requirements compared, 943.
cars needed by railroads, 944.

private facilities in the apportionment, 945.
jurisdiction of the Commission, 939.

plan of physical operation, 1045.

division of cars must be published, 815.

ratings of the various mines, 815.

See INTERSTATE COMMERCE COMMISSION.

FARES,

See PASSENGERS.

FEDERAL AND STATE JURISDICTION,
1. Conflict between federal and State jurisdiction.
provisions of the Act, 110.

power to fix rates under the constitution, 130.
extent of the federal jurisdiction, 131.
power of Congress to regulate, 142.
effect of action by Congress, 143.
jurisdiction of State and nation, 144.
division of jurisdiction normally, 145.
application of regulating statutes, 146.
respective powers over service, 147.

legislation relating to facilities, 148.

State legislation burdening interstate commerce, 149.

exercise of the federal supervision, 150.

scope for State police power, 151.

2. Extent of the federal jurisdiction.

apportionment of interstate business, 960.

methods of the division, 961.

bases of the proportion, 862.
apportionment of total expense, 963.
inherent difficulties of the problem, 964.
comparisons with interstate rates, 965.
decisions in the several States, 965.
supremacy of the federal system, 966.
discrimination produced by State action, 967.

3. Whether commerce is interstate.

carriage performed wholly within a State, 126.
on local bills of lading, 126.

course of dealing between the carriers, 123.

what the real transit, 123.

traffic in movement between States, 124.
whether a shipment is local or foreign, 124.
essential character of the commerce, 124.
through movement of traffic, 124.

termini within a single other State, 125.