[REFERENCES ARE TO SECTIONS.] CONSTITUTIONAL LAW-Continued. supervisory powers of the courts, 404. provisions of interstate commerce acts, 1031, et seq. 3. Protection of property from confiscation. rates fixed must not produce a deficit, 382, 1332. taking of property to deprive the owner of fair return, 351, 1334. reasonableness of return a judicial question, 386. rates unconstitutional if confiscatory, 387, 1334. unreasonably low rates constitute taking property, 1331. 4. Impairing obligation of contracts. when charter of corporation is contract, 1324. no contract without express provision, 1325. conferring ordinary powers creates no contract, 1326. contracts made by municipal ordinance, 1327. charter by Congress, 1328. waiver of privilege, 1329. assignment of privilege, 1330. See INTERSTATE COMMERCE, PERCENTAGE OF RETURN, TAXATION, VALUATION. various betterments considered, 415, 425, 428. double tracking, 425. maintenance of way an annual expense, 425, 426. improvements of existing plant, 426. replacement and renewals considered as repairs, 425, 437. various examples of permanent improvements, 428. COPPER, classification of, 594. rates on, 934. CORN, classification of, 491. rates on, 934. See THROUGH ROUTING. COST OF CONSTRUCTION, actual cost to the owners, 331. total investment sunk in the construction of the plant, 339. percentage added for engineering expenses, 340. unwise investments, 345. original cost of construction, 352. injudicious contracts, 353. poor engineering, 353. [REFERENCES ARE TO SECTIONS.] COST OF CONSTRUCTION-Continued. rascality on the part of those engaged in the construction, 353. money that has gone into the railroad, 353. original cost as evidence of actual value, 355. actual cost of the plant and property, 357. improvident construction, 360. mere cost of construction, 369. See CAPITALIZATION, EARNING Capacity, RepRODUCTION OF Plant, DEPRECIATION REQUIREMENTS, allowance for depreciation, 430. depreciation of various parts of water works, 430. depreciation of various parts of street railway, 431, 432. renewal of equipment to offset depreciation, 432. certain authorities refusing to allow depreciation, 433. contingencies fund, 432. restoration fund, 433. DISCRIMINATION BETWEEN LOCALITIES, 1. Common law situation. locality has no right to complain of rates at common law, 831. [REFERENCES ARE TO SECTIONS.] DISCRIMINATION BETWEEN LOCALITIES-Continued. what circumstances may be considered, 836. elements affecting cost of service at one point, 837. 2. Statutory situation. provisions of interstate commerce law, 971. provisions of state statutes, 1171-1233. general principles of statutory regulation, 838, 972. what constitutes undue preference, 838, 973. reasonableness of rate per se immaterial under statute, 839. instances of local discrimination, 981. what preferential rates are obnoxious, 841. distance as a factor in the rate, 974. equalization of commercial advantages, 843, 845, 977. grouping by reason of competition in the articles transported, 846. 4. Undue prejudice and priority. instances of local discrimination, 981. equalization of disadvantages, 844, 977. difference between through and local rates, 976. staple industry of a locality, 978. grouping stations, 846, 975. burden upon the railroad to defend discriminatory rates, 847. question of dissimilarity of condition one of fact, 848. See LONG HAUL AND SHORT HAUL, RATES, TRANSPORTATION. DISCRIMINATION BETWEEN PERSONS, 1. Rule against discrimination in general. early view that there was no law against discrimination as such, discrimination as evidence of unreasonable rates, 718. outright discrimination unreasonable, 720. later rule against unreasonable differences, 713, 944. undue preferences forbidden, 721, 943. special rates may not be discriminatory, 722, 723, 943, 944. present view that discrimination illegal in itself, 723. rule forbidding discrimination goes beyond rule beginning reason- able rates, 727. economic necessity for the rule against discrimination, 724. whether the rule is limited to discrimination between competi- public injury by discriminations in freight rates, 728. [REFERENCES ARE TO SECTIONS.] DISCRIMINATION BETWEEN PERSONS-Continued. prohibition by federal statutes, 941-963. 2. What constitutes discrimination. not all differences are discriminatory, 731. differences in the conditions under which services are rendered, if similar circumstances is discrimination, 944. reductions to get competitive business illegal, 742-745. device for concealing preference unavailing, 945. effect of illegality upon contract of carriage, 947. 3. Rebates to exclusive shippers. whether lower rates may be made to exclusive shippers, 756. 758. shippers who agree to give all their business, 759, 781. regular shipper and transient shipper, 774. 3. Concessions to large shippers. whether concessions may be made to large shippers, 749. large shipper should receive no reduction, 749, 952. shippers who agree to furnish large quantities of freight, 760. reductions to large shippers unjust to small shippers, 753. 4. Reasonable differences in rates. when commodities are of different character, 766. dieffrence in time or place, 948. difference in time or place, 948. rates should not be disproportionate, 772. whether differences in the conditions of service may be recognized, consideration of the cost of serving, 773. differences in the character of the service recognized, 775. when consideration is given for reduction, 789. whether indefinite considerations can be a basis, 789. 5. Shipment in more convenient units. shipment in packages, 773, 775. in casks rather than in cases, 773. [REFERENCES ARE TO SECTIONS.] DISCRIMINATION BETWEEN PERSONS-Continued. shipment in train loads, 780. contracts for regular shipments, 781. 6. Facilities furnished by shippers. allowance for facilities furnished by shippers, 781, 956. transportation expenses paid by shipper, 783. rental paid on shipper's cars, 784. difference in rates unjustifiable unless both services are offered, differences may be made proportionate to the cost of service, 736. emigrants given special rates, 765, 775. whether concessions may be made for special purposes, 734. concessions for special kinds of business, 762-768. concessions to manufacturing establishments, 763. whether reductions can be made for benevolent purposes, 733. ministers of religion, 961. officers of railroads, 962. DISPATCH COMPANIES, dispatch companies are common carriers, 182. despatch lines not forwarders, 97, 182. live stock transportation companies, 808. DIVIDENDS, reasonable dividend on stock, 393, 411, 417. dividends payable not classified as annual charges, 438. rate of return upon investments prevailing in business generally, 389. usual business profit, 395. current rate of return, 394. creating a fund for payment of uniform dividends, 397, 400. |