DIGEST OF DECISIONS
UNDER
THE INTERSTATE COMMERCE ACT
FROM 1908
BY
HERBERT C. LUST
AND
RALPH MERRIAM
OF THE
CHICAGO BAR
CHICAGO, ILL., 1913
J-5L.-&
COPYRIGHT A. D. 1913
By
HERBERT C. LUST
and
RALPH MERRIAM
This book is dedicated to the memory oj
EDWARD A. MOSELET,
Secretary oj the Interstate Commerce Commission
from its inception until his death in Jp//,
whose unfailing courtesy, devotion to duty, broad
knowledge and sympathy won for him the esteem
and affection of the traffic world.
26121 ,'
PREFACE
In this book every point of fact and law in every case arising under
the Interstate Commerce Act since 1908 has been digested in full, includ-
ing all decisions of the Interstate Commerce Commission (reported and
unreported), and of the various United States and state courts. The
book is arranged alphabetically by such subjects as are the ordinary and
accepted divisions into which the principles governing interstate traffic
would naturally classify themselves. This can best be seen by referring
to the Table of Contents, which immediately follows, and which is a
reprint of the entire classification.
It is earnestly suggested that readers of this book study the Table
of Contents very carefully. As about ten thousand points of traffic law
are classified, it can readily be understood that familiarity with the classi-
fication is necessary to make the book of the quickest available use. It
has been attempted to evolve a logical and careful analysis of the field of
traffic law and a classification which affords a birdseye view of the entire
subject.
All the cases on any one point are grouped together and familiarity
with the classification will enable the reader to turn immediately to all
the decisions pertaining to the subject in which he is interested.
Inasmuch as there are many points which may not be logically
classified under a particular heading, but may nevertheless have some
bearing on it, Cross-References are inserted, which redirect the reader to
such points. Thus, suppose the reader is looking up Advanced Rates and
wants all the decisions on the question of burden of proof. He runs his
eye down the analysis of "ADVANCED RATES" and finds : "II. Justi-
fication of Increase, 3, Burden of Proof." By turning, then, to 3, under
ADVANCED RATES, he will find the cases which deal specifically with
the question of "Burden of Proof" as related to Advanced Rates, and also
cross-references directing him toi other parts of the book where other
decisions on different phases of "Burden of Proof" will be found.
In all cases where it is possible to do so, a so-called Fact Point has
been made. These fact-points show tersely, but completely, all the evi-
dence on which the Interstate Commerce Commission or the court bases
its decision in the particular case. The authors have attempted to sum-
marize in easy, readable style ton mile revenues, distances, commodities,
vl PREFACE
rate comparisons and other evidence presented in the particular case.
Not only, therefore, have all traffic principles been classified, but also the
economic principles and facts governing each particular case.
The decisions are arranged chronologically under each section, the
most recent decision being placed first. If the decision of the Interstate
Commerce Commission has been modified or reviewed by any court,
rehearing denied, dissenting or concurring opinion filed, such fact is noted.
At the back of the book will be found indexes to the cases, commodi-
ties and localities involved. A reader interested in any particular case, by
referring to the index, will find reference to every page of the book on
which that case appears, and also a reference to the fact point on each
case.
Every point of law and of fact in this book has been rechecked at
least seven times, with a view of avoiding inaccuracies of detail. If any
are found, the authors will be more than pleased to be informed, so that
such discrepancies may be corrected in future editions.
The authors have contributed equally in the preparation of this book.
It is proper to mention, however, that the classification is by Mr. Lust.
We wish to express our appreciation of the courtesy of the Interstate
Commerce Commission in giving us access to and permission to use its
official records, and for its cooperation in other respects. Our thanks are
also due to the West Publishing Company for courtesies extended.
HERBERT C. LUST.
RALPH MERRIAM.
(Chicago, 111., 1913.)
TABLE OF CONTENTS.
References are to pages.
Page
ABSORPTION OF CHARGES 1
I. APPLICATION OF ABSORBED RATE.
1. In general 1
II. DISCRIMINATION.
2. Absorption subsequent to shipment 1
3. Refusal to absorb 2
III. CONTROL AND REVIEW.
4. In general 2
ACCOUNTING
I. POWER TO REGULATE 2
ACT TO REGULATE COMMERCE 3
I. CONSTITUTIONALITY 3
II. INTERPRETATION IN GENERAL 3
III. TIME OF TAKING EFFECT 7
IV, ENFORCEMENTS 7
V. AMENDMENTS 8
ACTIONS AT LAW 8
Cross-references.
ADDITIONAL CHARGES . 8
ADJACENT FOREIGN COUNTRY 8
ADVANCED RATES 8
I. CONTROL AND REGULATION.
1. Jurisdiction of Commission 9
(1) Inquiry into reasonableness 9
(2) Power to require advance 10
(3) Prescribing minimum rate 10
(4) To suspend advance 10
(5) To suspend reduction 10
2. Limitation on power 11
II. JUSTIFICATION OF INCREASE.
3. Burden of proof 11
4. Effect 12
5. Right to advance 12
(1) To avoid reducing other rates 14
(2) To equalize rates 14
(3) To preserve commodity relationship 16
(4) Unreasonably low prior rate 17
6. Right to earn 17
(1) On bona fide investment 17
(2) On unearned increment 17
(3) On reproduction value 17
(4) On surplus 18
(5) For permanent improvements 19
(6) All traffic will bear 19
(7) Cost of insurance 20
vii
viii TABLE OF CONTENTS
III. EVIDENCE. Page
7. Change in conditions 20
(1) In general ? . . . 20
(2) Increased operating expenses 23
(3) Impairment of credit 24
(4) Cessation of competition 24
8. Presumptions 26
(1) Continuance of prior rate 26
(2) Temporary reduction 29
9. Concerted action 30
10. Economy of management 30
11. Scientific management 31
12. Branch lines 31
(1) Operation 31
(2) Purchase 31
13. Detriment to shipper 31
14. Benefit to industry 36
15. Standard for judging advance 36
16. Uniformity of advance 1 37
IV. REASONABLENESS OF ADVANCED RATES.
17. In general 38
18. Circumstances and conditions 41
(1) Low receipts per ton mile 41
(2) Water competition 42
(3) Heavy and uniform tonnage 42
(4) Low-grade commodity 43
(5) Ratio of rate to value 43
(6) To gain import duty 44
(7) Rates in like territory 44
(8) Circuitous route . . .j 44
(9) Use of commodity .j 45
(10) Increased divisions ./ 45
V. DISCRIMINATION THROUGH ADVANCE.
19. In general 45
VI. REMEDIES AND PROCEDURE.
20. Injunctions 48
21. Investigation 49
VII. REPARATION.
22. In general 50
ADVERTISING 51
I. OF EXCURSION TICKETS 51
II. AS REBATES 51
AGENCY 51
Cross-references.
ALASKA 51
L REGULATION OF RATES 51
ALLOWANCES 52
I. CONTROL AND REGULATION.
1. Commission's right to investigate 52
Power to prescribe 53
3. Effect of order 53
II. PUBLICATION AND TARIFFS.
4. Obligation to file 54
5. Effect of publication . 54
6. Construction 54
TABLE OF CONTENTS
III. DISCRIMINATION. Page
7. Obligation to treat all alike 64
8. Particular allowances 55
(1) Compressing cotton 55
(2) Cooperage and grain doors 56
(3) Elevation of grain 56
(4) Lighterage 58
(5) Spotting cars 59
(6) Staking 60
(7) Transfer 60
IV. LEGALITY OF ALLOWANCES.
9. In general 61
10. Transportation service performed by shipper 61
11. Transportation facility 62
^12. What is not transportation service 63
(1) Accessorial or incidental service 63
(2) Operation of plant facility 64
V. REASONABLENESS OF ALLOWANCES.
13. In general 66
VI. DAMAGES AND REPARATION.
14. In general 66
VII. AS REBATES.
15. In general 67
VIII. CRIMINAL LIABILITY
16. In general 68
ALTERNATIVE RATES , . . . 69
I. ESTABLISHMENT AND REASONABLENESS . 69
ANY-QUANTITY RATE 70
I. REASONABLENESS AND APPLICATION 70
ASSOCIATION 71
I. RIGHT TO SUE 71
ASSORTING PACKAGES . 72
ATTORNEYS' FEES . 73
AUCTION COMPANY . 73
BACK HAUL 74
Cross-references.
BAGGAGE TRANSFER 74
I. CONTROL AND REGULATION.
1. Jurisdiction of Commission 74
II. EXCLUSIVE CONTRACT TO SOLICIT 74
BASING POINTS AND LINES 74
Cross-references.
BILLS OF LADING 74
I. CONTROL AND REGULATION.
1. Jurisdiction of Commission 75
2. Recommendation of certain forms 75
TABLE OF CONTENTS
II. DUTY OF CARRIER TO ISSUE. Page
3. Rail-and-water transportation 75
4. At transit points 75
5. One lading for several shipments 76
III. CONSTRUCTION.
6. In general 77
7. Statement of weight 77
8. Statement of shipping point 77
9. Conflicting provisions 77
(1) Between rate and route 77
(2) With tariff 78
IV. LIMITATION OF LIABILITY 78
BLANKET RATES 78
I. CONTROL AND REGULATION.
1. Jurisdiction of Commission 78
II. LEGALITY OF GROUP RATES.
2. In general 79
3. Justification 81
4. Public benefit 81
5. Custom 82
III. EXTENSION OF ZONE.
6. In general 82
7. Equalizing advantage of location 83
8, Proximity to established group 87
9. Grading rates 90
10. Differentials 92
IV. REASONABLENESS.
11. Of group 93
12. Of individual rate 96
V. DISCRIMINATION.
13. In general 97
VI. REMEDY FOR UNLAWFUL GROUPING.
14. In general 99
15. Scope of complaint 99
VII. EVIDENCE.
16, Burden of proof 99
17. Extent of zone 100
18. Comparisons 101
BRANCH LINES 101
I. REASONABLENESS OF RATES.
1. In general 101
2. Compared with main lines 103
3. As part of system 104
4. In competition with main lines 105
II; DUTY TO ROUTE.
5. In general 106
BREAKING OF RATES 106
Cross-references.
BRIDGE TOLLS 106
I. REASONABLENESS 106
BULK SHIPMENTS 107
Cross-references.
TABLE OF CONTENTS
. .. . .. i
Page
BULKHEADS 107
Cross-references.
BURDEN OF PROOF 107
Cross-references.
BUSINESS SECRETS 107
I. DISCLOSURE FORBIDDEN 107
CARS AND CAR SUPPLY 108
I. CONTROL AND REGULATION,
A. Jurisdiction of Commission.
1. Over car distribution 108
2. Car regulations 109
3. Fuel cars 109
4. Private cars 109
5. Intrastate cars 110
6. To award damages 110
H. DUTY TO FURNISH CARS.
7. In general 110
8. Size ordered by shipper 112
9. Form of order 114
10. Tank cars 114
11. At transit point 114
III. ASSIGNMENT AND DISTRIBUTION,
A. Counting of Cars.
12. In general 114
13. Private cars 116
14. Foreign cars 117
15. Railway fuel cars 117
16. Pooling by shipper 118
17. Tank cars 118
18. Detention of cars 118
19. When counted for loading 119
20. Car famine 119
21. Reward for prompt release 119
21 ^.Shippers on branch lines 120
B. Rating of Mines.
22. Coke-oven basis 120
23. Commercial plus physical capacity 120
24. Idle-hour system 121
25. Mine capacity plus shipments 122
26. Physical capacity less railway fuel 122
C. Removal of Discrimination.
27. Effect 122
IV. CONTRACTS FOR CAR SUPPLY.
28. In general 123
V. DUTY TO TRANSPORT CARS.
29. In general 123
30. Interchange of cars 123
31. Private cars 124
32. Rates on private cars 124
VI. REMEDIES AND DAMAGES.
32^.In general 125
33. Action at law 125
34. Defenses 125
35. Res adjudicata 126
36. Evidence 126
xii TABLE OP CONTENTS
Page
CARTAGE . . 126
CLAIMS 126
I. WHEN STATUTE OF LIMITATIONS RUNS.
1. In general 126
2. Claims accruing before Aug. 28, 1906 127
3. Date of delivery of shipment 127
4. Date of payment of charges 128
5. Date of amending claim 128
II. INFORMAL COMPLAINTS.
6. Effect of informal letter 128
7, Necessity of formal complaint 130
8. Requisites of informal complaint 130
III. PRESENTATION TO CARRIERS.
9. Advisability 131
10. Regulations 131
CLASS RATES . . 132
CLASSIFICATION 132
I. RIGHT OF CARRIER TO ESTABLISH.
1. In general -. 132
2. Jurisdiction of Commission 133
II. BASIS OF CLASSIFICATION.
3. In general 133
4. Bulk or weight of commodity 134
4%."Knocked-down" shipments 135
5. C. L. and L. C. L. shipments 136
6. Competition 137
7. Mixed carloads 138
8. Possibility of misbilling 140
9. Risk 140
10. Use of commodity 140
11. Value 141
III. CLASSIFICATION REGULATIONS.
12. Bulk shipments and ownership 144
13. Loading and unloading 145
14. Marking and addressing 146
15. Minimum charge 148
16. Packing 150
IV. COMPARATIVE RATINGS.
A. Analogous Articles.
17. In general 151
18. Specific comparisons 153
(1) Bar and band iron 153
(2) Cocoa butter substitutes 153
(3) Coffee percolators 154
(4) Earthenware crucibles 154
(5) Iron and steel articles 154
(6) Motorcycles 154
(7) Multigraphs 155
(8) Picture postcards 155
(9) Plate glass 155
(10) Triplex cloth 155
(11) Wire coat hooks 155
19. Evidence and procedure 156
TABLE OF CONTENTS xiii
Page
COMMERCE COURT 156
I. JURISDICTION.
A. Review of Commission's Orders.
1. Car distribution 156
2. Denying affirmative relief 156
3. Granting affirmative relief 157
4. Fixing rates 157
5. Reparation orders 157
6. Questions of law and fact 158
II. PROCEDURE.
7. Examination of record 158
8, Judicial notice 158
COMMODITY RATES 159
I. CREATION AND PURPOSE.
1. Nature in general 159
2. Relation to class rates 159
II. APPLICATION AND CONSTRUCTION.
3. Specific commodity rating 159
4. Creation subsequent to shipment 161
COMMODITIES CLAUSE 161
I. CONSTITUTIONALITY.
1. In general 161
II. CONSTRUCTION .162
COMMON CARRIER 163
I. TEST OF STATUS.
1. Incorporation 163
2. Lease of line 163
3, Public offer to carry 163
4. Refusal to publish tariffs 166
5. Stock ownership 166
6. Transportation of private cars 166
II. DETERMINATION OF STATUS.
7. Question of fact 166
COMMUTATION FARES 166
COMPARATIVE RATES 167
Cross-references.
COMPETITION 167
Cross-references.
COMPRESS COMPANIES AND CHARGES 167
I. CONTROL AND REGULATION 167
II. REASONABLENESS OF CHARGES .167
CONCENTRATING RATES AND PRIVILEGES. . . 169
CONCURRENCES 169
Cross-references.
TABLE OP CONTENTS
Page
CONSTITUTIONAL LAW 170
Cross-references.
CONSTRUCTION 170
Cross-references.
CONTRACTS 170
Cross-references.
CONTROL AND REGULATION 170
Cross-references.
COUNTER CLAIM 170
Cross-references.
COURTS 170
I. ACTIONS.
1. In general 170
2. Defenses 171
3. Mandamus 172
4. New trial 172
5. Suits against Commission 172
II. APPEAL.
6, In general 172
III. UNITED STATES COURT.
7. Concurrent jurisdiction 173
8. Exclusive jurisdiction 174
9. Original jurisdiction 174
IV. UNITED STATES SUPREME COURT.
10. In general 175
V. STATE COURTS.
11. In general 176
CREDIT ACCOUNT 179
I. EXTENSION OF CREDIT FOR CHARGES.
1. Right to extend credit 179
2. Right to discriminate 179
3. Criminal liability 180
CROSS-REFERENCES IN TARIFF 180
Cross-references.
CUSTOM 180
Cross-references.
CRIMES 180
I. THE ELKINS ACT,
1. Constitutionality 181
2. Construction 182
II. DISCRIMINATION.
3, Credit account 182
III. FREE TRANSPORTATION.
4. In general 183
IV. MISBILLING.
5. In general 183
TABLE OP CONTENTS xv
V. OVERCHARGES. Page
6. In general 184
VI. REBATING.
A. Elements of Offense.
7. In general 185
8. Intent and knowledge 186
9. Payment 187
10. Posting of tariff 187
11. Route and "common arrangement" 188
12. Transportation 189
B. Number of Offenses.
13. Payment 189
14. Shipments 190
C. Liability.
15. Act of agent 190
16. Connecting carrier 190
VIL INDICTMENT.
A. Charging Elements of Offense.
17. In general 190
18. Concession or rebate 191
19. Description of device 191
20. Language of statute 191
21. Payment 191
22. Posting of tariff 191
23. Route 192
B. Joinder of Defendants.
24. Principal and agents 192
C. Proof and Variance.
25. In general 192
D. Venue,
26. In general 192
VIII. DEFENSES.
27. Former jeopardy 193
28. Statute of limitations 193
IX. PROCEDURE.
29. Province of court 193
30. Province of jury 193
31. Extent of verdict 194
X. PENALTIES.
32. Excessive fine 194
XI. STATE REGULATION.
33. In general 194
DAMAGES 194
Cross-references.
DEMURRAGE 194
I. CONTROL AND REGULATION,
1. Jurisdiction of Commission 194
II. RIGHT TO ASSESS.
2. In general 195
3. Discrimination 196
4. Failure of consignee to accept 196
5. Fault of shipper 197
6. One shipment in two cars 198
7. Order-notify shipments 198
8. Pending dispute 198
9. Prior to actual delivery 200
10. Private cars 201
xvi TABLE OF CONTENTS
III. PUBLICATION AND TARIFFS. Page
11. Obligation to file 202
IV, DEMURRAGE RULES.
12. Construction in general 203
13. Average demurrage plan 203
14. Bunching 203
15. Free time 204
16. Placement or arrival-notices 207
17. Railroad errors or omissions 207
DEPOSITIONS 208
Cross-references.
DEPOTS 208
Cross-references.
1
DIFFERENTIALS 208
I. ESTABLISHMENT AND CONTROL.
1. In general 208
2. Relation of classification 209
II. APPLICATION.
3. C. L. and L. C. L. shipments 209
4. Through shipments 210
III. PURPOSE.
5. To equalize conditions 210
6. To equalize consuming points 214
7. To equalize producing points 216
DISCRIMINATION 221
I. CONTROL AND REGULATION.
1. Construction of the Act 222
2. Jurisdiction of Commission 223
II. DETERMINATION OF DISCRIMINATION.
3. In general 225
4. Similar conditions 228
5, Test of discrimination 240
III. JUSTIFICATION.
6. Carrier as shipper or consignee 241
7. Carrier not serving prejudiced point 243
8. Competition 246
(1) In general 246
(2) Artificial competition 247
(3) Railroads in general 248
(4) Short-line carriers 253
(5) Water carriers 254
9. Disadvantage of location 259
10. Encouragement of own territory 265
11. Low state rate 267
IV. REMOVAL OF DISCRIMINATION.
12. Reduction of rates 269
13. Disturbance of settled adjustment 269
V. PROCEDURE AND EVIDENCE.
14. Burden of proof 271
15. Showing of damage 273
16. Actions in state courts 274
17, Reparation 275
DISTANCE TARIFF 275
Cross-references.
TABLE OF CONTENTS xvii
Page
DIVISIONS 275
I. CONTROL AND REGULATION.
1. Jurisdiction of Commission 276
II. PUBLICATION AND TARIFFS.
2. Obligation to file 276
III. AGREEMENTS FOR DIVISIONS.
3. Computation 276
4. Inability to agree 277
5. Reductions 277
6. Right to divisions 277
7. As evidence 277
IV. LEGALITY 277
V. REASONABLENESS 277
DOMESTIC RATES 279
Cross-references.
DRAYAGE CHARGES 279
ELECTRIC LINES 279
I, CONTROL AND REGULATION 279
II. THROUGH ROUTES WITH STEAM ROADS 280
III. RIGHT TO FUEL RATE 281
IV. TRANSFERS AND RATES 282
ELEVATION 283
Cross-references.
ELKINS ACT 283
Cross-references.
EMBARGO 283
EMPLOYMENT 283
I. HOURS OF SERVICE ACT 283
EQUALIZATION OF RATES 284
I. CONTROL AND REGULATION.
1. Jurisdiction of Commission 285
II. CIRCUMSTANCES AND CONDITIONS.
2. In general 288
3. Commercial advantages and disabilities 290
4. Competition 297
(1) In general 297
(2) Railroad 298
(3) Rail-and-water 303
(4) Water 303
5. Low state rate 305
6. Preference of markets 306
7. Size of community 310
III. EFFECT OF EQUALIZATION.
8. Adjustment of related rates 310
EQUIPMENT 313
Cross-references.
TABLE OF CONTENTS
Page
ERIE CANAL 313
Cross-references.
EVIDENCE 313
I. BURDEN OF PROOF.
1. In general 314
II. CIRCUMSTANCES AND CONDITIONS OF PROBATIVE VALUE.
2. Advantage of location 317
3, Agreed facts, admissions and agreements 317
4. Averages 317
5. Basing point system 317
6. Bona-fide investment 318
7. Capitalization 318
8. Car-mile or train-mile revenue 318
9. Change in conditions or service 319
10, Combinations to fix rates 319
11. Comparison of classifications 319
12. Comparisons of commodities 319
(1) In general 319
(2) Anthracite and bituminous coal 319
(3) Bicycles and vehicles 320
(4) Blacksmith coal and other coal S20
(5) Brick 320
(6) Cement and potatoes 320
(7) Copper and lumber 320
(8) Cottonseed meal and hulls 320
(9) Cross-ties and lumber 321
(10) Fertilizer 321
(10) Dairy products 321
(11) Flaxseed and grain 321
(12) Flour and grain 321
(13) Grain and products 321
(14) Ice 321
(15) Junk and scrap iron 321
(16) Lumber and products 321
(17) Malt and barley 321
(18) Motorcycles and bicycles 321
(19) Oil 322
(20) Pulpwood and lumber 322
(21) Letter copiers and presses 322
(22) Perishable produce and dairy products 322
(23) Posts and poles and sawed lumber v 322
(24) Sash doors and blinds and lumber 322
(25) Staves and headings, and hardwood lumber 322
(26) Sulphuric acid and fertilizer 322
(27) Wool, hops and oranges 322
(28) Wool and sheep 322
(29) Wheat and barley and corn, rye and oats 323
(30) "Wyandotte Cleanser" and soda ash 323
13. Comparisons of rates 323
(1) In general 323
(2) Divisions and joint rates 325
(3) Divisions and local rates 326
(4) Import and domestic rates 327
(5) Proportional and local rates 327
(6) State and interstate rates . 327
TABLE OF CONTENTS xix
II. CIRCUMSTANCES AND CONDITIONS OF PROBATIVE VALUE Cont'd Page
14. Competition 328
(1) In general , 328
(2) Potential 330
(3) Railroad 330
(4) Rail and water 330
(5) Water 331
15. Contract relying on rate 333
16. Cost of production 333
17. Cost of operation 333
18. Cost of service 335
19. Credit 236
19^.Custom 336
20. Distance of haul 336
21. Dividends 338
22. Equipment furnished 338
22^.Expert evidence 338
23. Failure to serve prejudiced locality 338
24. Fixed charges 339
25. Governmental regulation 339
26. Import duty 339
27. Investment relying on rate 339
28. Local rates and combinations 340
29. Long continuance of voluntary rate 340
30. Low rate in opposite direction 342
31. Manufactured product 343
32. Market competition 343
33. Merger of terminals 343
34. Mineral lands owned by carrier 844
35. Municipal charter 344
36. Need for revenue 344
37. New lines 344
38. New rates 345
39. Notice 345
40. Oral testimony 345
41. Original cost of road -. 345
42. Panama Canal 346
42 ^.Practical construction 346
43. Past rates 346
43 ^.Permanent improvements 346
44. Previous haul on raw material 346
45. Profit of shipper 346
46. Rate to carrier as shipper or consignee 347
47. Rate via competing carrier 347
48. Rebates 349
49. Reproduction value of road 349
50. Return on investment 349
51. Revenue of road 349
52, Risk of loss or damage 350
53. Size of community 351
54. Size of load 351
55. Standard of lines 351
56. Standard of rate 351
57. Surplus 352
58. Ton-mile revenue 352
59. Two-line haul 353
59% .Unearned increment 354
60. Unpublished rate 354
61. Value of commodity 354
62. Value of service 355
xx TABLE OF CONTENTS
II. CIRCUMSTANCES AND CONDITIONS OF PROBATIVE VALUE Cont'd Page
63. Volume of traffic 355
64. Voluntary or subsequent reduction of rate 356
64%.Wages 360
65. Weight of shipment 360
66. Widespread rate adjustment 361
III. JUDICIAL NOTICE,
67. In general 362
IV. PRESUMPTIONS.
68. In general 363
V. STARE DECISIS.
69. In general 363
EXAMINERS 364
Cross-references.
EXCHANGE ORDERS 364
Cross-references.
EXCLUSIVE CONTRACTS . . 364
EXCURSION RATES 364
Cross-references.
EXPEDITED SERVICE . . 364
EXPENSE BILLS 365
Cross-references.
EXPERIMENTAL RATE 365
Cross-references.
EXPERT TESTIMONY 365
Cross-references.
EXPLOSIVES .365
EXPORT RATES AND FACILITIES 365
I. CONTROL AND REGULATION.
1. Jurisdiction of Commission 365
II. BILLS OF LADING 366
III. DISCRIMINATION 366
IV. PUBLICATION AND TARIFFS 370
V. REASONABLENESS .371
EXPRESS COMPANIES 372
I. CONTROL AND REGULATION.
1. Jurisdiction of Commission 373
l^.State regulation 374
II. FACILITIES.
2. Delivery and receipt 374
3. C. O. D. shipments 374
4, Export service 375
5. Free transportation 375
6. Money orders 375
7. Prepaid and collect shipments 376
8. Special contracts 376
TABLE OF CONTENTS xxi
II. DISCRIMINATION. Page
9. In general 377
Y. RATES.
10. Reasonableness in general 378
11. Specific rates 378
(1) Bread and cake 378
(2) Celery : . 379
(3) Cream cans 379
(4) Drygoods 379
(5) Eggs 380
(6) Fish 380
(7) Guinea pigs, rabbits, rats 380