DISCRIMINATIONS—Continued. Criminal liability for, 66 see "CRIMINAL LIABILITY." FACILITIES AND SERVICE." comparative reasonableness of rates, see Power of legislature to prohibit, n. [2], p. 313. Statute providing penalties for unjust, held penal and to be strictly Presumptive reasonableness of regulations of commission to pre- In rates, whether statutes forbidding, are regulation of interstate In service and facilities, whether state statute forbidding regulates Unjust, in rates and charges unlawful, § 31, pp. 250, 251; § 32, Discretion in fixing rates, n. [2], pp. 254, 255. "Unlawful discrimination" defined, n. [3], p. 255. Only unjust discriminations in rates are unlawful, n. [4], pp. 255, Whether mere making of rates constitute, n. [5], p. 256. Tangible injury necessary to make preferences in rates unlawful, Absence of injury to complainants as justifying discriminations in Divisibility of contracts giving, in rates, n. [9], p. 257. Secrecy of rate not test of lawfulness, n. [12], p. 258. In rates, general rules and principles as to, n. [14], p. 258. Ownership of freight as affecting duty as to rates, n. [15], pp. 258, 259. Rebates unlawful, n. [16], pp. 259, 260. In rates, intent of carrier, n. [17], p. 260. Statutes forbidding, n. [21]-[24], pp. 261-263. Carriers may not unjustly discriminate between localities as to Shall not discriminate as to service and facilities, § 32, p. 310; n. Only persons or localities discriminated against may be complain- Whether tangible injury necessary to make discrimination unjust, Presumption and burden of proof as to, n. [5], p. 314. Delay as discrimination, n. [11], p. 318. Carrier may prefer shipments of perishable property, n. [14], p. 321; DISCRIMINATIONS- Continued. Forwarding goods out of order of receipt as, n. [13], p. 321. Giving of special privileges and facilities, n. [18], pp. 323-326. Between shippers in routing shipments, n. [21], pp. 327-329. Withholding through rates as form of, n. [23], pp. 329, 330. In transporting, handling and delivering live stock, n. [26], pp. In accommodations furnished to negroes, n. [27], pp. 333, 334. Whether particular facts show discrimination in facilities, n. [30], Special privileges or facilities shall not be given, § 33, pp. 343, 344. Underbilling as form of, n. [2], p. 356. By carriers between connecting lines prohibited, § 35, pp. 358, 359. Refusal of connecting carriers to exchange traffic at junctions as, Between connecting lines, what constitutes, n. [16], p. 370. Duty of carrier to furnish cars without, n. [9], pp. 403, 404. When prohibited in distributing cars in case of shortage, § 37, subd Carriers may discriminate in favor of shipments of livestock and Action for, in furnishing cars, n. [17]-[23], pp. 408-410. In allowance of time for unloading cars before exaction of demur- Created by exaction of demurrage charges, n. [32], p. 414. In general, n. [32], pp. 266, 267; n. [6], pp. 314, 315. DISCRIMINATIONS- Continued. Dissimilarity of circumstances and conditions, etc.- Continued. Dissimilarity created by carriers themselves, n. [36], pp. 269, Whether competition may be considered, n. [37], pp. 270, 271. What competition will justify, n. [39], pp. 271, 272. Extent to which competition justifies, n. [40], pp. 272, 273. Amount of freight shipped as affecting carrier's duty not to Other traffic from shipper as justification, of discriminatory Exclusive patronage of shipper as affecting duty, n. [46], p. Discriminations to obtain traffic, n. [47], pp. 277, 278. Unnecessary cost of operation not justification, n. [48], p. 278. Failure of road to pay expenses, n. [50], pp. 278, 279. Time of year, n. [51], p. 279. Effect of investments and expenditures by shippers, n. [52], Orders of military authorities, n. [53], p. 279. Contracts, n. [54], p. 279. Direction of movement of traffic, n. [55], p. 279. Mandamus to compel carrier to render services without, n. [13], p. In freight rates on interstate traffic, power of commission as to, § 60, Duty to furnish gas and electricity to all applicants without, n. Duty to furnish gas and electricity without discrimination in rates, DISCRIMINATORY RATES. DISMISSAL. See also, "INVESTIGATIONS;" "PROCEEDINGS." Of complaint to commission, § 48, subd. 3, p. 459. Of summary proceedings in supreme court against carriers, § 57, Of summary proceedings against gas or electrical corporations or DISSIMILARITY. Of circumstances and conditions as justification for discriminations in rates, see "RATES." DISSOLUTION. Of street railroad corporation, when effected, n. [15], p. 587. DISTANCE. Carriers shall not make smaller charges for carrying for longer than for shorter, in same direction over same line, § 36, pp. 377, 378. Commission will not compel carriers to disregard, n. [26], p. 496. As controlling element in determining as to reasonableness of rates, n. [61], pp. 528-530. Rate per ton per mile as proper basis of comparison, n. [62], pp. 530, 531. DISTRIBUTION. Of annual reports of commissions, § 16, p. 89. Of abstracts of reports of public service corporations, § 16, p. 89. Of cars, carriers shall not discriminate in the, § 37, pp. 397, 398. Of cars, proper method, n. [11], pp. 404-406. DISTRICT. Residence of commissioner in, necessary, § 4, p. 46. When railroad company is doing business within, n. [8], p. 74. DISTRICTS. See also, "TAXING DISTRICTS." Public service districts, creation and extent, § 3, p. 44. Power of state to create, for regulative purposes, n., pp 44, 45. DIVERSE CITIZENSHIP. As giving federal courts jurisdiction to enjoin action by state commission, n. [24], p. 145. DIVIDENDS. Amount paid on stock of gas or electrical corporation to be set forth in annual report, § 66, subd. 6, pp. 618, 619. DIVULGE. Employee of commission forbidden to divulge without authority information obtained on examination of accounts of carriers, § 52, p. 556. Employees of commission shall not divulge without authority information gained upon inspection of gas plant, § 66, subd. 3, pp. 617, 618. DOCTOR. See, "PHYSICIANS AND SURGEONS.” DOCUMENTS. Term "document" defined, n., pp. 90, 91. Record to be kept of documents ordered filed by commission, § 7, Annual reports of commissions and abstracts of reports of public Certified copies of official documents filed with commission to be Fee for certified copy of documents filed with commission, § 18, p. 92. Copies of, for public officers for which no fee charged, § 18, p. 92. Whether immunity of witnesses extends to production of, n. [8], Commission or commissioner may compel carriers to file sworn Of carriers, power of commission or commissioner to examine, § 45, Examination of, on hearing by commission to determine whether Giving of, prohibited, § 31, pp. 250, 251. DUE PROCESS. In removal of officers, n. [11], pp. 50, 51. Review of orders to determine whether they amount to taking of In punishing witnesses for contempt, n. [10], p. 100. Depriving carrier of property without, as ground for restraining DUTIES. Of carriers as to various matters, see, COMMON CARRIERS;" "RAIL- Of commission, in general, § 4, p. 46; § 5, pp. 65, 66. |