[REFERENCES ARE TO SECTIONS.] COMMON CARRIERS-Continued. boats, 107, 174, 414. canal boats, 176. express companies, 97, 152, 181, 802, 803, 804. dispatch companies, 97, 182, 423, 808. draymen, 118, 119, 173, 179, 528, 822. fast freight lines, 97, 182, 423. ferries, 16, 27, 43, 84, 102, 107, 185, 203, 402, 414. hackmen, 187, 818. hoymen, 81, 105, 174. job vessel, 116, 175. lightermen, 81, 82, 105, 174. messenger companies, 183. omnibus line, 180, 186. pack horses, 16, 56, 162. railroads, 16, 42, 45, 47, 61, 94, 108, 109, 110, 111, 112, 113, 178. ships, 88, 105, 116 175. skiff, 107, 174, 414. wagoners, 31, 87, 113, 115, 118, 173, 528, 822. water-craft, 174, 175, 177. See, also, ACCEPTANCE OF PASSENGERS, BAILMENT OF GOODS, GOODS TAKEN, COMPENSATED CARRIAGE, common carriage is compensated carriage, 141. carrier's services in returning packages compensated, 144. carriage of children and servants, 150. common carrier of the money C. O. D., 144. carriage is for hire unless it is otherwise agreed, 142. reasonable compensation may be recovered, 516. secret intention immaterial, 142. when empty bags are carried free, 142. COMPETITION BETWEEN CARRIERS, those who deal with a rival must be served, 292-294. freight from those who deal with a rival must be taken, 293. [REFERENCES ARE TO SECTIONS.] COMPETITION BETWEEN CARRIERS-Continued. whether lower rates may be given those who deal exclusively, 758-761. protection of a collateral business from rivals, 301-307. concessions to get competitive business, 742-748. rates dictated by competitor, 530-537. competition justifies differences between localities, 853-861. COMPRESSING IN TRANSIT, CONCEALMENT, See PROCEDure. See TRANSIT PRIVILEGES. See FRAUD. CONDITIONS PRECEDENT TO SERVICE, goods must be tendered in a proper manner, 214. goods must be tendered to the carrier at proper time, 215. goods must be tendered properly packed, 217. where freight is improperly loaded on a car by the shipper, 217. shipments in bulk should be received under proper conditions, 219. CONSTITUTIONAL LAW, 1. Power to regulate rates. power to set aside a statutory rate, 351. power to regulate indisputable, 382. basis of power to regulate rates, 1301. power to pass on reasonableness of rates, 1302. 2. Exercise of power to fix rates. fixing rates by legislation, 1307. fixing rates by subordinate body, 1309. fixing rates by municipal bodies, 1310. fixing rates by commission, 1312. power executive or administrative, 1306. power of courts to pass upon rates fixed, 1313. [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. |