ALLOWANCES-Continued. when not discriminatory or prejudicial, Restrictions on right to compensate, § 15 Right of carrier to furnish instrumentali- motor carrier act, § 217 (a), n. 37 55 not transportation under line-haul rate, Store door delivery, § 2, n. 80 unusual, required, § 15 (13), n. 26 Tank cars, for, § 1 (5), n. 660 Tap lines owned by shippers, § 15 (13), Trackage, § 15 (13), n. 58 motor carriers, § 203 (a) (19), n. 2 (1), n. 93, 94, 95 AMENDMENT-Continued. Answers, separate, Rules of Practice IV (c) Broadening of issues, by intervention, issue broadened at hearing, § 13 (1), motor carrier act, § 206 (b), n. 16; § 209 (b), n. 11 Curing fault or omission, § 13 (1), n. 102 Limitation of actions, as affected by date Reparation, prayer for, effect, § 13 (1), Schedules, supplements amending, § 6 (1), Subscription, verification, § 13 (1), n. 51; motor carrier act, § 206 (b), n. 15 service of, Rules of Practice VI (a) Surprise of opposite party, § 13 (1), n. 105 violation of tariff provisions, § 6 (7), AMONG THE SEVERAL STATES n. 228 Defined, Prelim., n. 7 Cost of improvement on public domain, Motor Carrier Act, § 213 (a) (1), n. 1, 16 Weighing and weighing services, § 1 (6), ANALOGY Willingness of carrier to perform service. ALTERNATIVE Carload minimum weight, § 1 (6), n. 49 AMENDMENT Additional matter brought in, § 13 (1), Allowance to make conform to proof, § 13 in discretion of commission, Rules of Classification of property by, § 1 (6), n. Commodity description, applicability of Accounts, specific, § 20 (1); n. 7 motor carrier act, specific, § 220 (a) Amended complaint, answer to complaint Copies, reply, number, Rules of Practice Cross complaints, § 13 (1), n. 66; Rules time for filing, service, Rules of Practice IV (c) Default for failure to file; issue joined, ANSWERS-Continued. Defenses, affirmative, separately stated, numbered, Rules of Practice IV (g) in proceedings to enforce order for payment of money, § 16 (2), n. 21 nature to be disclosed, Rules of Practice IV (d) Denial of discrimination, preference, prejudice, grounds, Rules of Practie IV (e) specific required, as to material allegations, Rules of Practice IV (d) violation of fourth section, Rules of Practice IV (f) Effect, 13 (1), n. 65 default for failure to file, § 13 (1), n. 61; Rules of Practice IV (b) not testimony or evidence, Immunity of Witnesses Act, § 48, n. 1 Filing, time allowed, Rules of Practice IV (b) Form and style, § 13 (1), n. 65; Rules of Practice IV (a); form 2; Rule XXI Fourth-section application or order, Rules of Practice IV (f) Intervention petition answered by answers to complaint, Rules of Practice IV (c) Material allegations to be admitted or specifically denied, Rules of Practice IV (d) Preference or prejudice, grounds stated, Reply to reply not permitted, Rules of Separate, to amended complaints, petitions in intervention, unnecessary, Rules of Practice IV (c) Service, 13 (1), n. 67; Rules of Practice IV (b), (c) time for effecting, Rules of Practice IV (b) to be shown in answer, § 13 (1), n. 67; Shortened procedure, Rules of Practice filling reply concludes presentation of evidence, Rules of Practice X-A (1) Signature, address of signer, Rules of Practice XXI (e) Specifications, form, printing, typewriting, signature, Rules of Practice XXI Sufficiency, 13 (1), n. 65; Rules of Practice IV (d), (e) actions for penalties for violating, safety app. acts, t. 45, § 6, n. 17 Time for filing, Rules of Practice IV (b) additional, for parties in western states, Rules of Practice IV (b); XV-A (b) reply, Rules of Practice XV-A (b) ANTITRUST ACTS Agents, individually liable for acts of corporations, t. 15, § 24 parties to suits bound by orders, t. 28, § 383 ANTITRUST ACTS-Continued. Agricultural associations, not forbidden, Clayton Act, t. 15, § 17; § 203 (b), n. 50 Amendment of bill or petition to restrain violations, t. 15, § 4, n. 11 Bids, competitive, attempt to prevent, punishment, t. 15, § 20 regulations, t. 15, § 20 motor carriers, § 214 Bond for damages, injunction, t. 15, § 26 on issuance of restraining order or interlocutory injunction, t. 28, § 382 Clayton Act, complaints, violation of, service, return, t. 15, § 21 intent to supplement other antitrust acts, t. 15, § 12, n. 2 partial invalidity, effect, t. 15, § 27 saving clause, Federal Trade Comm. Act. t. 15, § 51 Packers and Stockyards Act, t. 7, § 225 Collection of bona fide debt not prevented. t. 15, 18, n. 18 Combination, contravening Sherman Act under State laws, t. 15, § 1, n. 17 acquisition defined t. 15, § 18, n. 12 forbidden, of competing railroads, t. 15, § 1, n. 26 monopoly, misdemeanor, t. 15, § 2 restraint of trade or commerce, illegal, t. 15, § 1; § 18 reorganization of unlawful, t. 15, § 4. n. 14 trunk line association, t. 15, § 1, n. 26 Commerce defined, Clayton Act, t. 15. § 12 engaged in, defined, t. 15, § 18, n. 10 Competition, agreement not to use goods of competitor, lessening, t. 15, § 14 among bidders, prevention, attempt to prevent bids, penalty, t. 15, § 20 defined, t. 15, § 1, n. 11 lessened substantially by acquisition of stock or share capital, t. 15, § 18; n. 14 preservation, purpose, Clayton Act, § 12, n. 2 Compulsory testimony act, inapplicable, § 46, n. 4; immunity of witnesses act, § 47, n. 13 Condemnation of property in transportation, t. 15, § 6 Consolidation, control, of carriers, relief from operation of, § 5 (15); n. 1, 2; Sherman Act, § 1, n. 45 motor carriers, § 213 (f) competition; restraint of, § 213 (a) (1), n. 26 forbidden combinations, between competing railroads, t. 15, § 1, n. 26 practical prior consolidation theory, Sherman Act, § 1, n. 31 Conspiracy in restraint of trade or commerce, t. 15, § 1 in territory or District of Columbia, t. 15, § 3, n. 1 ANTITRUST ACTS-Continued. to monopolize trade or commerce, t. 15, 2 to prevent transportation by others, Constitutionality, Clayton Act, t. 15, § 12, commerce clause, Sherman Act sustained under, Prelim., n. 10; t. 15, § 1, n. 4 definiteness, Sherman Act, t. 15, § 1, n. 3 injunction provisions, Sherman Act, t. legislative power not delegated to judi- ciary by Sherman Act, t. 15, § 1, n. 2 peting corporations, t. 15, § 18, n. 1 Sherman Act, generally, t. 15, § 1, n. 1 noncompetitive main line, t. 15, § 18 nature of power and authority conferred rule of reason, Sherman Act, t. 15, § 1, Contemplated or proposed acts not passed between connecting carriers, t. 15, § 1, for combination or conspiracy in re- for construction, maintenance, interlock- preexisting, applicability of acts, t. 15, § 18, n. 6 rights, preservation, t. 15, § 18 restraint of trade or commerce, t. 15, intrastate performance and acts, t. 15, Damages, amount of recovery, suits by per- unreasonable rates, no recovery, t. 15. Decree, circuit court of appeals, finality, t. ANTITRUST ACTS-Continued. Defense, by persons complained of, t. 15, § 21 Defined, t. 15, § 12 Directors chosen contrary to Clayton Act, competitive bidding with corporations individual criminal liability for acts of District attorneys, courts, restraining vio- District of Columbia, trade or commerce porary restraining order, t. 28, § 381 Export trade associations, acquisition or Extraterritorial effect, t. 15, § 1, n. 22 Findings of commission or board, con- modification, new, additional evidence, t. Fines, t. 15, § 1, § 2, § 3 Foreign nations, trade or commerce with, Forfeiture of property in transportation, Hearing, notice, place, time, violation of Clayton Act, t. 15, § 21 petition for injunction against violation, preliminary injunction when restraining proceedings to prevent and restrain vio- Holding companies, commerce restrained by monopoly created by acquisition or use Indictment, sufficiency, t. 15, § 24, n. 1 court in which suit brought, t. 15, § 4, n. 3 ANTITRUST ACTS-Continued. Injunctions, etc.-Continued. decree, conclusiveness, t. 15, § 4, n. 15 future or continuing violations, only, jury trial, right to, t. 15, § 4, n. 20 laches in bringing suit, t. 15, § 4. n. 4 petition, amendment, t. 15, §4, n. 11 sufficiency, t. 15, § 4, n. 10 relief, extent, t. 15, § 4, n. 7 reorganization required, t. 15, § 4, n. 14 sufficiency, t. 15, § 4, n. 10 venue, t. 15, § 4, n. 3 Clayton Act, inapplicability to pending injunction proceedings, t. 15, § 18, n. 7 completed transactions, t. 15, § 26, n. 4 consummated transactions, not reached by, under Sherman Act, t. 15, § 1, n. 48 exclusive jurisdiction of Federal courts, t. 15, 26, n. 2 hearing upon issuance of preliminary, expedition, t. 28, § 381 irreparable injury, defined, t. 28, § 381, n. 1 preliminary, t. 15, § 26 prevention of violations of Clayton Act, t. 15, § 25 proviso as to relief against carriers, t. 15, § 26, n. 5 purpose, t. 15, § 12, n. 2 requisite of order, t. 28, § 383 security on issuance of interlocutory order, t. 28, § 382 stockholder's suit, as to carrier cor- temporary restraining orders, see Temporary Restraing, this heading United States bringing suit, matters subject to jurisdiction of commission, t. 15, § 26 Interchange of traffic, contracts for, t. 15. § 1, n. 35 Interpretation, Clayton Act, t. 15, § 12, n. 2, 3 Interstate Commerce and Sherman Act not germane, t. 15, § 1, n. 11 relief from antitrust laws, § 5 (15), n. 1; § 213 (f) remedial or penal character, t. 15, § 18, n. 5 resort to debates as aid, t. 15, § 1, n. 13 Sherman Act, t. 15, § 1, n. 7 Interstate commerce, application of Clayton Act to, t. 15, § 12 ANTITRUST ACTS-Continued. transactions must relate directly to, t. 15, § 1, n. 20; § 12, n. 4 Intervention before commission or board, t. 15, § 21 Intrastate commerce, transactions interwoven with interstate, t. 15, § 18, n. 3 contract not nullified by Sherman Act, t 15, § 1, n. 20 transactions restraining interstate commerce, t. 15, § 18, n. 2 Invalidity, partial, effect, t. 15, § 27 Investment, acquisition of stock for, not prohibited, t. 15, § 18; n. 19 Irreparable injury, defined, t. 28, § 381, n. 1 loss or damage, showing, t. 15, § 26 Judgment, circuit court of appeals, finality, t. 15, § 21 liability not relieved or absolved, t. 15, § 21 prima facie effect, t. 15, § 16 Judicial notice, t. 15, § 1, n. 12 Jurisdiction, circuit court of appeals, affirming, modifying, setting aside, orders, t. 15, § 21 Civil Aeronautics Authority, t. 15, § 21 districts courts, prevention of violations of Sherman and Clayton Acts, t. 15, § 4 restraint of violations of Clayton Act, t. 15, § 25 exclusiveness, t. 15, § 21 Interstate Commerce Commission, t. 15, § 21; n. 1 petition to review, t. 15, § 21 Jury trial, right to, t. 15, § 4, n. 20 ton Act, t. 15, § 17 human, not commodity or article of commerce, t. 15, § 17 Laches, prosecution of violation, t. 15, § 1, n. 42 suits to restrain violations, t. 15. § 4, n. 4 Lease of one carrier by another carrier, relief from 5 (15) motor carriers, § 213 (f) Mailing copy of complaint, order, or process, registry, t. 15, § 21 Misdemeanor, t. 15, § 1 Monopolies, restraints of trade, contrasted, t. 15, § 2, n. 1 attempt to monopolize, misdemeanor, t. 15, § 2 creation by acquisition of stock by holding companies, t. 15, § 18; n. 16 sale on agreement not to use competitor's goods, t. 15, § 14 Notice, actual, of order of injunction or restraining order, t. 28, § 383 filing of application to enforce order and transcript, t. 15, § 21 hearing, violation of Clayton Act, t. 15, § 21 parties complained of, suit to restrain violations, t. 15, § 4 preliminary injunctions, t. 28, § 381 ANTITRUST ACTS-Continued. Order, affirmance, setting aside or modifi cation on review, t. 15, § 21 attorneys of parties bound by, t. 28, § 383 cease and desist, violations Clayton Act, t. 15, § 21 certification to circuit court of appeals, t. 15, § 21 directors chosen contrary to Clayton Act. t. 15, § 21 divestiture of stock, t. 15, § 21, n. 5 employees bound by, t. 28, § 383 liability not relieved or absolved by, t. 15, § 21 procedure upon failure or neglect to obey, t. 15, § 21 service of, return, t. 15, § 21 Packers and Stockyards Act does not affect, t. 7, § 225 Panama Canal closed to violators, t. 15, § 31 Parties, additional, summoned, injunctions against violations Clayton Act, t. 15, § 5, § 25 before commission or board, t. 15, § 21, n. 4 bound by injunction or restraining order, t. 28, § 383 district in which proceedings pending, t. 15, § 25 entitled to sue for injunction, t. 15, § 26 Penal character, t. 15, § 18, n. 5 § 20, § 24; t. 18, Embezzlement, etc., of Sherman Act, t. 15, § 1, § 2, § 3 Person defined, t. 15, § 7, § 12 entitled to injunction, t. 15, § 26 Petition, prevention and restraint of viola tion, Clayton Act, t. 15, § 25 cross, by commission, t. 15, § 21, n. 6 review of order of commission or board, service, t. 15, § 21 Sherman Act, t. 15, § 4, n. 10 Philippine Islands excepted, t. 15, § 12 Pooling of freight and earnings, § 5 (1); n. 2; 5 (15); Sherman Act, t. 15, § 1, n. 26 restriction of commerce by, Prelim., n. 10 Processes, service; return, t. 15, § 21 Proxies, use of, t. 15, § 18 Purchases, by carrier with interlocking officials, t. 15, § 20, n. 1 applicable to motor carriers, t. 15, § 20, n. 1 Reasonableness, particular contracts, agreements, combinations, t. 15, § 1, n. 30 rates fixed by illegal combination, t. 15, § 1, n. 26 violating antitrust laws, § 1 (5), n. Receiver, operation by, t. 15, § 1, n. 23 ANTITRUST ACTS-Continued. Report of actions on bids to commission, t. 15, § 20 of commission or board as to violations, t. 15, § 21 Restraint of commerce, other than transportation, t. 15, § 1, n. 29 of trade, defined, t. 15, § 1, n. 11 of commerce, illegal, t. 15, § 1 violations of acts, t. 15, § 4, § 25 see also Conspiracy, this heading Return of service of complaint, order or process, t. 15. & 21 Review of order, circuit court of appeals, t. 15, 21; t. 28, § 348 direct, by Supreme Court, t. 28, § 345 Rule of reason, t. 15, § 1, n. 30 Sale, on agreement not to use goods of competitor, t. 15, § 14 to common carriers, interlocking directors or officers, bids, t. 15, § 20 Security, restraining order or interlocutory injunction, t. 28, § 382 Seizure of property, owned under forbidden contract or combination, t. 15, § 6 Sherman antitrust act, definiteness, t. 15, § 1, n. 3 extraterritorial effect, t. 15, § 1, n. 22 intent of Clayton Act to supplement, t. 15, § 12, n. 2 purpose, t. 15, § 1, n. 11 railroads, applicability to, t. 15, § 1, n. 14 Short lines, acquisition, by noncompetitive main line, t. 15, § 18 States, Federal law dominant when interstate and intrastate restraints interwoven, t. 15, § 18, n. 3; § 5 (15) motor carrier act, § 213 (f) laws permitting combinations contravening Sherman Act, t. 15, § 1, n. 17 restraints of trade among, Clayton Act, t. 15, § 12 Sherman Act, t. 15, § 1 transactions within, restraining interstate commerce, t. 15, § 18, n. 2 Statute of limitations, suspension during pendency of proceedings under, t. 15, 16 Stock, branch lines, acquisition of, creating monopoly, t. 15, § 18, n. 16 control, directly or through holding company, t. 15, § 1, n. 28 divestiture of, required, t. 15, § 21; n. 5 prohibited stock acquisition, t. 15, § 18, n. 13 Stockholders suits to enjoin violation, t. 15, 26, n. 3 Subpenas, additional parties, injunction, t. 15, § 25 Sherman Act, t. 15, § 5 Subsidiary corporations, to carry on immediate lawful business, t. 15, § 18 |