[References are to sections]

RATE THEORIES-Continued

length of haul as a factor, 388.
volume of traffic as a factor, 390.
increased volume of traffic, 391.
2. Method of determining particular costs.
proper proportions of total costs, 392.
apportionment of separable costs, 393.
basis of the distribution, 395.
allocation of joint costs, 394.
basis of the proportion, 396.

average rate per unit of service, 397.

recognition of the ton-mile cost basis, 398.

ton-mile cost basis not oppressive, 399.

3. Value as the basis.

rates based upon value, 431.

what the traffic will bear, 432.

essential defects in the principle, 433.

legal limitations peculiarly necessary, 434.

value of service to shipper, 435.

value of the goods, 436.

limit of value of service, 437.

traffic will continue to move at unfair rates, 438.

worth of the service to the owners, 439.

4. Comparison of these theories.

various theories as to rate making, 381.

all factors enter into a particular rate, 569.

distribution of the burden, 383.

modification of the principle, 389.

argument for permitting disproportionate rate, 400.

authorities opposed to disproportion, 401.

full extent of the doctrine, 411.

proportionate rates always legal, 410.

REFRIGERATION,

refrigeration under the Act, 181.

precooling if found necessary, 181.

scheduling of refrigeration charge, 181.

private lines of refrigeration cars, 181.

icing as transportation, 82.

auxiliary service as refrigeration, 574.
refrigerator cars, 169.

refrigerator equipment, 933.

REGULATIONS,

See ALLOWANCES.

rules and regulations, 815.

cannot rely upon unpublished practices, 820.

REHEARING,

See PROCEDURE.

provisions of the Act, 1030.

1. Right to reparation.

who entitled to reparation, 1098.

complainant asking only reparation, 1074.
made to the person actually damaged, 1098.
one who has actually paid, 1098.

as between consignor and consignee, 1099.
a consignee who paid, 1099.

consignor usually the substantial party, 1099.
consignee who has paid charges, 1099.
conditions of granting reparation, 1104.
awarding of damages not necessary, 1104.
scrutiny of reparation agreements, 1105.
when reparation will not be awarded, 1110.
when cause of action accrues, 1110.

2. Award of reparation.

reparation in connection with relief, 1041.
reparation awarded on account, 1040.
integral part of the system, 1041.
scrutiny of the transaction, 1048.
relief by awarding reparation, 1056.
bases of award by reparation, 1057.
reparation is divided in proportion, 1057.

extent of the jurisdiction, 1058.

does not cover suits for damages generally, 1045.

damages from inability to compete, 1059.

damages from loss of contracts, 1059.

order of the Commission for payment, 1060.

reparation for improper charges, 824.

in first instance a shipper must pay, 824.

SCHEDULES OF RATES,

provisions of the Act, 810.

1. Requirement of published schedules.
provisions of the Act, 810.
scope of its policy, 811.

of whom filing required, 830.
what rates must be published, 812.
requirements relating to filing, 828.
schedules working changes in rates, 832.
effect of scheduling rates, 813.

published rates are the sole guide, 1048.
no less or different compensation, 1048.
terminal and transit charges, 814.
rules and regulations, 815.
publication of schedules, 816.
posting in station, 817.

posting distinguished from filing, 818.

2. Departure from published rates.

consequences of failing to file, 819.

any variation herefrom forbidden, 820.
devices to avoid the section, 821.

only scheduled rates legal, 822.

rate wars no excuse, 823.

reparation for improper charges, 824.

conclusive presumption of legality, 829.

provisions cannot have retroactive effect, 831.

invalidity of varied rate, 833.

effect of invalidity on contract, 834.

stipulations in bills of lading, 835.

certain technical points discussed, 825.

3. Joint tariffs and schedules.

meaning of joint tariff, 836.

making and filing jointly, 837.

what particulars must be published, 838.
rates based upon combinations, 839.
what combinations are justified, 840.
whether export rates must be filed, 841.

[References are to sections]

SCHEDULES OF RATES-Continued

divisions and proportional rates, 842.
parties liable to prosecution, 843.
criminal liability for violation, 826.

essentials of the crime, 827.

4. Form of schedules required.
clearness of statement, 844.
necessary fullness of statement, 845.
methods of stating rates, 846.
requirement of the Commission, 847.
consequences of indefinite tariffs, 848.
all pertinent conditions requisite, 849.
rules for construing schedules, 850.
specific ratings overrule general, 851.
effect of misquoted rate, 1049.
recovery of scheduled rates, 1050.

State courts deprived of jurisdiction, 1051.
scheduled rates conclusive in all courts, 1052.
departure from publishing rate, 628.

sanctity of the scheduled rate, 629.

SCIENTIFIC MANAGEMENT,

storage under the Act, 183.

independent storage of commodities, 183.

charges must be scheduled, 811.

storage charges, 576.

usual price for warehousing, 576.

STREET RAILWAYS,

street railways not under Act, 165.

interurban lines under the Act, 165.

electric railway that does not transport freight, 165.
those that use steam, 165.

SUSPENSION OF RATE ADVANCES,

history of the power, 89.

burden to justify advances, 1123.

SWITCHING,

switching under the Act, 160.

include delivery only on a carrier's own rails, 177.

undertaking delivery within switching limits, 177.

foreign line switching, 177.