Railroad Rate Regulation

Topic A. Common Law Theories as to Discrimination

§ 612. Nothing but reasonableness once required.

613. No rule against discrimination as such.

614. Later rule against unreasonable differences.

615. Outright discrimination next condemned.

616. Exclusiveness of the privilege creates discrimination.

617. Special concessions from established rates.

618. Complainant charged more than regular rates.

619. All discrimination forbidden by the better view.

620. Necessity for the rule against discrimination.

621. Rule forbidding personal discrimination.

622. Public injury by discriminations in freight rates.

623. Policy of the Act.

Topic B. What Constitutes Statutory Discrimination

§ 624. What amounts to a rebate.

625. Prohibition of special rates.

§626. Explanation of this policy.

627. What discrimination is forbidden.

628. Departure from published rate.

629. Sanctity of the scheduled rate.

630. Devices for concealing preference unavailing.

631. Certain unlawful devices considered.

632. Schemes to cover discrimination.

633. Criminal provisions for discrimination.

634. What intent is necessary.

635. Civil liability for discrimination.

Topic C. Established Exceptions to Rule

§ 636. Public wrong in giving free passes.

637. Passes prima facie discrimination.

638. Reductions for general classes.

639. Whether statutory exceptions are exclusive.

640. Special forms of passenger tickets.

641. Concession for government business.

642. Reduction for charitable purpose.

643. Transportation for the carrier itself.

644. Sale and delivery of commodities.

645. Policy of the commodities clause.

646. Carriage for other companies.

647. No obligation to grant such concessions.

648. Collateral results of illegal discrimination.

Topic D. Other Considerations for Reductions

§ 649. Other consideration formerly considered dissimilar circumstance.

650. Whether indefinite considerations can be a basis.

651. Concessions to those who deal with the carrier.

652. Fostering the interests of the carrier.

653. Barter of transportation forbidden.

654. Inconsistent contracts held unavailing.

655. Continuing contracts no justification.

656. Whether executed contracts are different.

657. Preference in certain services permissible.

658. What concessions constitute discrimination.

659. Where service of different character.

660. Where no public service involved.

CHAPTER XIV

FORMS OF ILLEGAL DISCRIMINATION

§ 670. Provisions of the Act.

671. The same rate for substantially similar services.

Topic A. Concessions to get Competitive Business

§ 672. Whether concessions may be made in competition.

673. Competitive conditions do not justify discriminations.

674. Reductions to get competitive business illegal.

675. Concessions to get shipments from outlying territory.

676. Such concessions forbidden by later cases.

677. Shippers making expensive preparations.

678. Additional services performed for certain shippers.

679. Concessions to certain localities.

Topic B. Concessions to Large Shippers

§ 680. Whether concessions may be made to large shippers.

681. Unreasonable differences universally forbidden.

682. Unreasonable differences forbidden by all courts.

683. Reasonable difference permitted by some courts.

684. Prevalent doctrine against reduction.

685. Reductions to large shippers unjust to small shippers.

686. Services to large and small practically identical.

687. Differences in amount of shipment.

688. Reductions to groups of passengers.

689. Special kinds of passenger transportation.

Topic C. Rebates to Exclusive Shippers

§ 690. Lower rates formerly made to exclusive shippers.

691. Such discriminations foster monopolies.

692. Shippers who agree to give all their business.

693. Consideration of the cost of serving.

694. Shippers requiring less service.

695. Shippers who agree to furnish large quantities.

696. Charging other shippers more than contract rates.

697. Competitive rates for through business.

698. Previous or subsequent haul.

699. Other methods of holding business.

Topic D. Concessions for Special Kinds of Business

$700. Different rates for goods used for different purposes.

701. Such rates formerly allowed.

702. Repudiation of this doctrine.

703. Such differences now held illegal discrimination.

704. Classification based upon use.

705. Personality of shipper.

706. Restricting rates to certain purposes.

707. When commodities are of different character.

708. Rates to certain classes of shippers.

709. Special classes of passengers.

CHAPTER XV

INSTANCES OF JUSTIFIABLE DIFFERENCES

§ 710. Provisions of the Act.

711. Modification of the rule forbidding different rates.

Topic A. What are Reasonable Differences

§ 712. What preference is undue and unreasonable.

713. Differences in transportation cost.

714. Certain economies in operation.

715. Like circumstances and conditions.

716. What circumstances can be considered.

717. Differences in the conditions of service.

718. Proportionate differences may be made.

719. Rates should not be disproportionate.

Topic B. Shipment in more Convenient Units

720. Differences in the character of the service.

721. Shipment in carloads.

722. Advantages of carload traffic.

723. Permission to mix carloads.

724. Lower rates for shipments in bulk.

725. Shipments in trainloads problematical.

726. Contracts for regular shipments.

727. Units in passenger service.

728. The basis of the differential.

729. Comparison of bulk and package rates.

Topic C. Facilities Furnished by Shippers

§ 730. Terminal facilities furnished by shippers.

731. Undue prejudice in granting allowances.

732. Unjustifiable differences in rates.

733. Concessions to shippers in bulk considered.

734. Railroad without tank cars.

735. Transportation expenses paid by shipper.

736. Rental paid on shipper's cars.

737. Allowance for cars or facilities furnished.

Topic D. Restriction to Scheduled Allowance

§ 738. Extent of statutory restrictions.

739. Both rates must be open to all.

740. Lighterage allowance.

741. Elevation charges.

742. Transit privileges.

743. Terminal allowances.

744. Allowances for facilities closely scrutinized.

745. Allowances for facilities still permissible.