PROCEDURE-Continued

[References are to sections]

stay of proceedings, 1102.

satisfaction of complaint, 1103.

scrutiny of reparation agreements, 1105.
parties given opportunity to be heard, 1106.
hearing duly notified indispensable, 1107.
requisites as to hearings, 1108.

course of the proceedings, 1109.
limitation of actions, 1110.

dismissal when order unnecessary, 1111.

4. Findings of the Commission.

award of reparation, 1056.
bases of reparation, 1057.

extent of the jurisdiction, 1058.

damages to business generally, 1059.
how far party may reopen case, 1061.
finding does not work an estoppel, 1062.
the two-year rule, 1063.

reopening a case for rehearing, 1065.

PROCEDURE BEFORE THE COURTS,
1. Basis of recourse to the courts.
provisions of the Act, 1130.

course of procedure, 1131.

functions of the Commission, 1132.

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 for invalidating Commission action.

action under an unconstitutional statute, 1140.

action not within the statute, 1141.

action in violation of constitutional guarantees, 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 its validity.

necessary and proper parties in enforcement suits, 1154

findings of the Commission as evidence, 1146.

temporary restraining order, 1148.
preliminary injunction, 1150.

perpetual injunction, 1151.

sufficiency of averments, 1153.

4. Reparation proceedings and enforcement suits.

recovery on a reparation order, 1163.

judicial process in aid of proceedings before the Commission, 1156.
necessary parties, 1153.

necessary averments, 1152.

[References are to sections]

PROCEDURE BEFORE THE COURTS-Continued

venue of enforcement suits, 1154.

commissions award as evidence, 1155.

PRODUCTION OF BOOKS,

provisions of the Act, 910.

public obligation the fundamental principle, 198.

nature of the public duty, 199.

limitations upon the profession, 200.

public duty the basis, 201.

extent of the carrier's route, 202.

scope of the service, 203.

profession limited to car service, 206.

carriage of rolling stock, 205.

forwarders of shipments, 208.

special trains, 207.

dependent service, 209.

nature of public profession, 188.

extent of the power of regulation, 189.

2. Public service.

provisions of the Act, 160.

who are common carriers, 186.

commitment to public service, 187.

provisions of the Act, 910.

general obligation to serve all, 912.

extent of federal supervision, 913.

rulings of the Commission, 914.

equality of service insisted upon, 915.

scope of present jurisdiction, 916.

freight embargo as an excuse, 917.

carriers discriminating against its rivals, 918.
railroad cutting its own rates for itself, 919.

PUBLIC EMPLOYMENT,

1. Nature of public duty.

public service voluntarily assumed, 199.
public duty which results, 199.
affirmative duty to serve, 199.
status which one is under, 199.
what the profession covers, 200.
extent of the public duty, 200.
public duty the basis, 201.

[References are to sections]

PUBLIC EMPLOYMENT-Continued

fundamental duty in public employment, 201.

carrier to serve the public properly, 201.

carrier to serve all who apply, 201.

2. Extent of public profession.

extent of the carrier's route, 202.

points off his line, 202.

transportation over its own route, 202.
need not send cars to fetch freight, 202.
scope of the service, 203.

all freight similar in character, 203.
profession limited to car service, 206.

forwarders offering consolidated shipments, 208.
the problem of dependent service, 209.
present state of the public service law, 39.
public has an interest, 189.

RAILROADS-Continued

[References are to sections]

carriers by railroad under the Act, 71.

railroads subject to the Commission, 162.

public railroads, 190.

private railroads, 191.

conduct of a modern railroad, 933.

RATE COMPARISONS,

1. Rates reasonable in themselves.

carrier entitled to reasonable compensation, 442.
general principles as to reasonableness, 443.
customary rate presumably reasonable, 444.
rates unreasonable in themselves, 445.
what makes rates unreasonable, 446.

current rates for other transportation, 447.

comparison with other rates, 448.

evidence inadmissible unless conditions are similar, 449.
comparison of rates between different localities, 450.

usual rates govern passenger fares, 451.

2. Factors modifying respective cost.

cost of service insufficient in itself, 402.
special conditions affecting cost, 403.
amount of service asked as a factor, 404.
effect of low average haul, 405.

local business peculiarly expensive, 406.
circumstances of particular service, 407.
divisions in sparsely populated territory, 408.
cost of handling business, 409.

cost of service for different systems, 413.
difference in transportation conditions, 414n.

3. Proper distribution of costs.

cost of service estimated, 415.

conditions affecting transportation costs, 419.
costs of special service, 418.

law of decreasing costs, 412.

distance as a factor, 416.

amount of traffic as a factor, 417.

cost of service for different parts, 414.
conclusion as to proportionate rate, 421.
current theories as to relative rates, 420.

4. Difference in rate between classes.

principles governing differences between classes, 542.
low-grade commodities at low rates, 543.

high-grade commodities not overcharged, 544.

proportionate difference between the classes, 545.

principles in making commodity rates, 546.

reasonableness tested by comparison, 547.

slight differences between similar commodities, 548.

[References are to sections]

RATE COMPARISONS-Continued

discrimination between commodities forbidden, 549.
difference between values justifies classification, 550.
relative differences between ratings, 551.

distribution of the burden by classification, 552.

RATE POLICIES,

1. Competition as a factor in rate making.

suppression of competition by agreement, 789.

potential competition, 790.

competition as a factor in rate making, 792.

competition as a justification for discrimination, 793.
incidents of competition, 794.

competitive rates must be compensatory, 796.
non-competitive rates must be reasonable, 795.
suppression of competition by consolidation, 802.
carrier may refuse to make competitive rates, 803.
2. Rates dictated by competition.

rates may be made to meet competition, 452.
competition as a factor in rate making, 453.
policy for permitting competitive rates, 454.
rates low enough to hold business, 455.
reduction below a remunerative basis, 456.
standard rate among competing lines, 457.
competition not a ground for raising rates, 458.
absence of competition does not justify increase, 459.
no obligation to meet competition, 460.
competition in passenger fares, 461.

3. Rates designed to equalize advantages.

operation of the principle of equalization, 462.
limitations upon the Commission, 463.

rates made from a commercial standpoint, 464.

rates should not equalize differences in value, 465.
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.

passenger fares slightly affected by this principle, 471.

4. What circumstances justify preferential rates.

creation of a market by preferential rates, 602.

equalizing manufactures in different localities, 603.

how the Commission determines justifiable discrimination, 799.
back freights may be lower than outward freights, 800.

public policy against all discrimination, 801.

substantial differences of condition, 803.

what differentials may be allowed, 804.

reconsignment arrangements and transit privileges, 805.