[References are to sections]

INTERSTATE COMMERCE COMMISSION—Continued
jurisdictional limitations upon rate revision, 1037.
how the Commission views its function, 1039.
working within legal bounds, 1038.

5. Reparation for past exactions.

reparation in connection with relief, 1041.
conditions of granting reparation, 1104.
concurrent jurisdiction over relief, 1042.
attitude of the courts, 1043.

no reparation for misquoted rate, 1053.
liability in quoting rates, 1054.

effect of misquoted rate, 1049.

recovery based upon published rate, 1048.

6. Extent of its jurisdiction.

things outside Commission jurisdiction, 1044.
limitations upon its powers, 1045.

basis of Commission jurisdiction, 1046.

extent of its powers, 1047.

recovery of scheduled rate, 1050.

State courts deprived of jurisdiction, 1051.

scheduled rates conclusive in the courts, 1052.
nature of the rate, 1040.

limitations of this policy, 1055.

INTERVENTION,

See PROCEDURE BEFORE THE COMMISSION.

INVESTIGATIONS,

power to investigate rates, 991.

all reports of investigations, 1031.

investigating, and reporting thereon, 1000.
visitorial powers in general, 1005.

may require reports of the whole, 1005.
power to prescribe rules, 1005.

not of management and control, 1005.

what supervision implies, 1006.

investigation by the Commission, 1008.

may enforce production of books, 1008.

investigating supposed violations of Act, 1008.

limitation of its scope, 1009.

investigation by the Commission, 1010.

right to investigate the issues, 1014.

inquiries within the scope, 1014.

summoning witnesses in general investigations, 1015.

witnesses should not be required to answer, 1015.

general investigations and quasi-judicial distinguished, 1015.

investigation by the Commission on its own motion, 1016.
investigation as a result of filing new tariff, 1017.

[References are to sections]

INVESTIGATIONS-Continued

investigation by order of Congress, 1018.

procedure upon such investigation, 1019.

J

JOINT RATES,

provisions of the Act, 860.

1. Requisites as to through rates.

joint rates must be reasonable, 872.
limitations upon joint rates, 873.
nature of a joint rate, 874.

joint rate lower than combination, 875.
concurrence of carriers concerned, 876.

share of separate carrier as evidence, 877.

through rate although transit is broken, 878.
policing of transit privileges, 879.

proportional rates, 880.

export rates, 881.

liability of all carriers participating, 1096.

2. Filing of joint tariffs.

meaning of joint tariff, 836.

through rate, without the consent, 836.

not matters of private agreement, 842.

carrier cannot be bound by other's tariffs, 842.

making and filing jointly, 837.

joint tariff for all, 837.

what particulars must be published, 838.

tariff naming rates through, 838.

naming all the participating roads, 838.

roads have not filed a tariff, 837.

can be but one legal rate, 839.
parties liable to prosecution, 843.
3. Computation of combination rate.
lawful combination of rates, 836.
aggregate local rates between points, 836.
if there is no joint tariff, 818.
where there are two rates, 837.
rates based upon combinations, 839.
a combination of separate rates, 839.
what combinations are justified, 840.
factor in a combination not on file, 840.
whether export rates must be filed, 841.
what export rates must be filed, 841.
divisions and proportional rates, 842.
where there is a proportional rate, 842.

4. Compulsory joint through rating.

through arrangements not obligatory, 887.

[References are to sections]

JOINT RATES-Continued

carrier might formerly select route, 888.
jurisdiction of the Commission, 892.
discretion in its exercise, 893.

limitations upon the Commission, 894.
the policies involved therein, 895.
protection from short hauling, 896.

what routes considered circuitous, 897.

power of the Commission to fix divisions, 898.

how divisions are determined, 899.

theories of basing divisions, 900.

constructive mileage, 901.

See CONNECTINg Carriage, Schedules of Rates.

JUDICIAL POWER,

See CONSTITUTIONAL LAW.

JURISDICTION OF THE COMMISSION,
provisions of the Act, 1070.

1. Dismissal for lack of jurisdiction.

raising the question of jurisdiction, 1075.
dismissal for lack of jurisdiction, 1075.
not conferred by stipulation, 1075.
unless jurisdiction over the subject, 1075.
no power to manage the business, 1002.
limitations upon its jurisdiction, 1003.

no orders concerning the grade of service, 1003.
extent of its supervision, 1004.

no authority to enforce State laws, 1004.

no enforcement of the commodities clause, 1004.

extends only to public relations, 1004.

not all transportation by railroad, 1011.
not private rights and wrongs, 1011.
actions in tort or contract, 1011.

wholly within the jurisdiction of the courts, 1011.
no suits to recover damages for delay, 1013.
only with regard to impropriety in rates, 1013.

2. Extent of Commission jurisdiction.

things outside Commission jurisdiction, 1044.
only liabilities under the Act, 1044.

duties carrier owes to its patrons, 1046.

not solely upon a contractual relation, 1044.

not negligent injuries or consequential damages, 1045.
limitations upon its powers, 1045.

not of conversion for withholding delivery, 1045.

basis of Commission jurisdiction, 1046.

no jurisdiction generally to adjudicate, 1046.

cannot determine the validity or legality generally, 1046.

[References are to sections]

JURISDICTION OF THE COMMISSION-Continued

extent of its powers, 1047.

equity to enforce performance, 1047.
payment of damage claims, 1047.

cannot allow set-off, 1047.

no authority to assess costs, 1058.

negligence not constituting a breach, 1058.
concurrent jurisdiction over relief, 1042.
attitude of the courts, 1043.

See INTERSTATE COMMERCE COMMISSION.

JURISDICTION OF THE COURTS,

1. The right to a judicial determination.
provisions of the Act, 1130.

course of procedure, 1131.

functions of the Commission, 1134.

when preliminary action by the Commission is necessary, 1135.
the right of appeal from the Commission to the courts, 1137.
jurisdiction of the federal courts, 1138.

2. Grounds of invalidity of Commission action.

action made an unconstitutional statute, 1140.

action not within the statute, 1141.

action in violation of constitutional guaranties, 1142.
action after an inadequate hearing, 1143.

action upon mistaken conclusions of law, 1145.

action contrary to evidence, 1146.

action of an arbitrary or unreasonable nature, 1147.

3. Procedure for determining the validity of Commission action.
necessary and proper parties in enforcement suits, 1154.
findings of the Commission as evidence, 1155.

temporary restraining order, 1148.
preliminary injunction, 1149.

perpetual injunction, 1150.

sufficiency of averments, 1152.

4. Reparation proceedings and other enforcement suits.

judicial process in aid of proceedings before the Commission, 1157.
recovery on a reparation order, 1163.

venue of enforcement suits, 1154.

Commission's award as evidence, 1164.

judicial process as aid, 1157.

See CONSTITUTIONAL LAW.

LATERAL BRANCHES,

main track, 190.

unlawful advantages, 194.
line haul, 196.

L

See RATE STRUCTURE, DISCRIMINATIONS, LOCAL.

LONG AND SHORT HAUL,

provisions of the Act, 750.

long and short haul at common law, 780.

legal justification of lower long-haul rate, 781.

if competition is met, 781.

proportion of the fixed charges, 781.

statutory rules for long and short-haul rates, 782.

the original Fourth Section, 74.

the Fourth Section Amendment of 1910, 783.

rigid long-and-short-haul section, 784.

long haul must not be unreasonably low, 784.

principles governing deviation from the section, 788.
discretion of the Commission, 789.