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DISCRIMINATION-Continued.

Common law prohibited, 277, 1077.

Competition necessary to constitute, 435-438.

Differential between carloads and less-than-carloads must be without, 380, 381, 452, 453.

Damages for, 530-535, 1083.

Drayage contract may be limited to one, 1011.

Elevator allowances produce, 469, 1005.

English statute prohibiting, 982, 983, 993, 994.

Fair play the requirement of the law, 433, 1009, 1110.

Free transportation may constitute, 491.

Freight charges must be paid without, 483, 491. 492.

Group rates not, 492, 493.

Illegal although no injury, 997.

In and out rates. 423. 424.

Injunction against, 886-891.

Localities, 429-433.

Longer haul at less rate than shorter, 445-447. 1013.

May be prevented by writ of mandamus, 884, 885, 1226, 1227.

Milling in transit not illegal, 461-463.

Open-gateway policy required, 1110.

Peddler Cars, 426, 427.

Penalties for inducing, 1096.

Prohibited by act to regulate commerce, 416-424. 982, 992,
993.

Rates differing in opposite directions may be lawful, 489, 490.
Rebates, 495-498, 1064-1066.

Rebilling may be illegal, 465, 466.

Returned shipments, 991.

Rule against, applies to accessorial services, 313.

Shipping Act prohibits, 1471, 1473, 1477.

State rates producing, 155, 156, 235, 236, 278, 279, 493, 494.
945, 946.

Statute against applies to facilities as well as to rates, 313, 421.
Summary of principles relating to law of, 498, 499.

Time does not cure, 437, 1002.

Transit regulations, 461, 462, 470, 471.

Trap car service, 425, 426.

Undue or unjust only, illegal, 413, 414, 982, 992.

Unlawful to, in interchanging traffic, 438-444.

Unlawful at common law, 277, 982, 983.

Wharfage rights limited to one company, 1011.

DISTANCE.

Rates should not be based wholly on, 368.

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DISTRICT ATTORNEY.

Ash pan act, duty under, 1438.

Boiler inspection act, duty under, 1442.
Duties under Elkins act, 1239, 1240.
Hours of service act, duty under, 1436.
Safety appliance acts, duty under, 1422.

To prosecute for recovery of forfeitures, 1166.

To prosecute under direction of Attorney General, 1098, 1166.

DIVISIONS.

Allowances to industrial and tap lines called, 474, 514.

Commission corrects its opinion with reference to, 512, 1172. Of joint through rates, power of commission to prescribe, 390393, 508-511, 1128.

Transportation Act confirms corrected opinion, 512, 1172.

DIVISIONS OF JOINT RATES.

Allowances and divisions used in same sense, 474, 512.
Commission has power to prescribe, 390-393, 508-511, 1128.
Industrial roads may receive, 473, 474, 506, 512, 513, 1139,
1142.

Must be reasonable and non-discriminatory, 506, 512, 513, 1139-
1142.

"Or otherwise," in statute, relating to, defined, 391, 392.
Tap lines may receive, 471, 472, 473.

DOCKS.

Shipping Act relating to, 1463.

Water and rail carriers interchange at, 507, 508.

DUAL REGULATION OF INTERSTATE COMMERCE.

Burdensome, 159, 179.

DUMPING.

Prohibited, 1333, 1411, 1412.

E

ECONOMIC MAXIMUM.

Amount of freight tendered may exceed, 351.

EIGHTEENTH AMENDMENT.

Copied, 1515, 1516.

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ELECTION OF REMEDIES.

For damages caused by violation of act to regulate commerce,
302, 303, 1071, 1072.

ELEVATION.

Included in term "transportation," 184, 185, 948, 950.

ELEVATOR ALLOWANCES.

Defined, 469.

Not necessarily unlawful, 469.
When states may regulate, 185.

EMINENT DOMAIN.

Defined, 160, 161.

Right of in states, 160, 161.

United States may exercise right, when, 161, 162.

EMPLOYEES OF CARRIERS.

Full crew law, 194.

Hours of service limited, 1435-1437.

Hours of service when engaged in interstate commerce not
subject to state regulations, 195.

Requiring engineers to be licensed, 193.

State law affecting interstate carriers, 193-194.

Wages required to be paid semi-monthly, 194, 195.

When rule as to assumed risk does not apply, 1428, 1449.

EMPLOYERS' LIABILITY ACT.

Applies only to carriers engaged in interstate commerce or in
the territories, 924, 925, 1448.

Carrier shall not limit liability by contract, 1449.

"Common carrier" defined, 1450.

Contributory negligence not bar, but decreases damages, 1449.
First act unconstitutional in states, 213, 214, 924, 925.
Liability under for death, 1448, 1449.
Limitation of right of action under, 1448.

May be enforced by state courts, 1448, 1449.

No assumed risk where carrier violates safety appliance acts,
1428.

Not affect act 1906 in its application to territories, 1450.

Present law valid, 214, 924, 925.

State laws may not affect when engaged in interstate trans-

portation, 214, 215.

State laws valid, 214, 215.

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ENGLISH RAILWAY AND CANAL TRAFFIC ACTS.

Comparisons between and acts of Congress, 415, 982, 983,
993, 994, 1014.

Long-and-short-haul clause of English law, 415, 1014.
Pooling not contrary to, 1027.

Section 90 English act given, 414, 982, 983.

Section 3 based on section 2 of English act, 993.

Section 2 act to regulate commerce based on, 414, 415, 993,
994.

Section 2 of Act 1854 and section 11 of Act 1873 given, 414,
415, 993, 994.

ESTOPPEL.

Carriers not prevented by to increase rates to what is reason-
able, 358-360, 558.

EVIDENCE.

Contracts, etc., filed with Commission used as, 1047, 1168.
Documentary, 610-612.

Existing laws for production of, 1232.

Final valuation, prima-facie evidence, 1179.

Findings of fact by Commission, prima facie, 1160-1161.

Immunity of witnesses, 883, 884, 1071, 1072, 1102, 1103, 1232,
1266, 1267, 1268.

In court as to value different from valuation of commission,
1179.

May be taken by deposition, 608, 609, 1103, 1104.
Reports and decision, competent as, 1112, 1113.

Shipping Act relating to, 1479.

Special agents or examiners may receive, 1189.

Technical rules of, not apply to hearings before Commission,

404, 405, 578, 579.

Transcript of, free, 616.

EXAMINER.

Attorney-General and special examiners, 566, 585, 590.

Proposed reports of, 585, 590.

Penalty for divulging information, 566, 1188.

Shipping Act, 1465.

Special may be appointed, 566, 585, 590.

Testimony taken before, 566, 585, 590.

EXAMINERS OF INTERSTATE COMMERCE COMMISSION.

Kinds and duties, 566.

EXPEDITING ACT.

[References are to pages.]

Suits under act to regulate commerce controlled by, 1240.
The act copied, 1240, 1257, 1258.

EXPLOSIVES.

Act regulating the transportation of, 1439, 1441.
Gunpowder under act, 1439.

Transportation of regulated, 923, 1439.

EXPRESS COMPANIES.

Consolidation of, 1031.

Cost of equipment of little value in fixing rates of, 323.
May grant free transportation, 966.

Prior to act 1910 could not grant free transportation, 968.
States may not control delivery by, of property transported in

interstate commerce, 198, 199.

Subject to act to regulate commerce, 947.

F

FAIR RETURN ON CARRIER'S PROPERTY.

Aggregate value the basis, 246, 1144.

Five and one half percent on, 246, 1143-1145.

Six percent permitted when, 1145.

Transportation act 1920 provides for, 1143.
What is, 242, 246, 322, 326, 1143.

FALSE BILLING.

A form of discrimination, 484, 1093-1096.
Prohibited, 1093-1096, 1473.

Shipping Act relating to, 1476.

FALSE CLASSIFICATION.

Penalties for, 1093.

FALSE ENTRY.

In accounts punished, 1187.

FALSE WEIGHING.

Penalties for, 1093.

FARES, PASSENGER.

Shipping Act relating to, 1474.

Must be paid in money, 491, 492, 688.

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