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DISCRIMINATIONS—Continued.

Criminal liability for,
In facilities, see also,
Determination as to
66 RATES."

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
construed, n. [35], p. 27.

Presumptive reasonableness of regulations of commission to pre-
vent, n. [1], p. 120.

In rates, whether statutes forbidding, are regulation of interstate
commerce, n. [14], pp. 164, 165.

In service and facilities, whether state statute forbidding regulates
interstate commerce, n. [15], pp. 166, 167.

Unjust, in rates and charges unlawful, § 31, pp. 250, 251; § 32,
p. 310; n. [1], pp. 252-254.

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,
256.

Whether mere making of rates constitute, n. [5], p. 256.

Tangible injury necessary to make preferences in rates unlawful,
n. [6], p. 256.

Absence of injury to complainants as justifying discriminations in
rates, n. [7], p. 256.

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
rates, § 32, p. 310; n. [1], p. 253; n. [12], pp. 318-320.

Shall not discriminate as to service and facilities, § 32, p. 310; n.
[1], pp. 311-313.

Only persons or localities discriminated against may be complain-
ants, n. [3], p. 314.

Whether tangible injury necessary to make discrimination unjust,
n. [4], p. 314.

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;
n. [10], p. 404.

DISCRIMINATIONS- Continued.

Forwarding goods out of order of receipt as, n. [13], p. 321.
Refusals to transport as, n. [15], pp. 321, 322.

Giving of special privileges and facilities, n. [18], pp. 323-326.
In grants of right to do business on carriers' premises, n. [20], p.
327.

Between shippers in routing shipments, n. [21], pp. 327-329.
Whether embargo results in, n. [22], p. 329.

Withholding through rates as form of, n. [23], pp. 329, 330.
In hauling private or sleeping cars, n. [25], p. 331.

In transporting, handling and delivering live stock, n. [26], pp.
331-333.

In accommodations furnished to negroes, n. [27], pp. 333, 334.
In furnishing switches and sidetracks, n. [28], pp. 334, 335.
Whether particular facts show discrimination in rates, n. [66], pp.
288-296; n. [30], pp. 336, 338, 339.

Whether particular facts show discrimination in facilities, n. [30],
pp. 336-341.

Special privileges or facilities shall not be given, § 33, pp. 343, 344.
In issuance of party rate tickets, n. [20], pp. 353, 354.

Underbilling as form of, n. [2], p. 356.

By carriers between connecting lines prohibited, § 35, pp. 358, 359.
Provisions as tɔ, against connecting lines shall not affect establish-
ment of joint rates, § 35, pp. 358, 359.

Refusal of connecting carriers to exchange traffic at junctions as,
n. [2], pp. 361, 362.

Between connecting lines, what constitutes, n. [16], p. 370.
Between connecting carriers may be enjoined, n. [30], p. 374.
Departures from long and short haul rule may also be, n. [6], p.
380.

Duty of carrier to furnish cars without, n. [9], pp. 403, 404.

When prohibited in distributing cars in case of shortage, § 37, subd
1, pp. 397, 398.

Carriers may discriminate in favor of shipments of livestock and
perishable property in distributing cars, § 37, subd. 1, pp. 397, 398.
What fact showed discrimination in distribution of cars, n. [13],
pp. 406, 407.

Action for, in furnishing cars, n. [17]-[23], pp. 408-410.

In allowance of time for unloading cars before exaction of demur-
rage charges, n. [28], p. 412.

Created by exaction of demurrage charges, n. [32], p. 414.
In matter of continuous carriage, unlawful, n., p. 442.
Dissimilarity of circumstances and conditions as justification:

In general, n. [32], pp. 266, 267; n. [6], pp. 314, 315.
What constitutes dissimilarity generally, n. [33], pp. 267-269.
What difference in circumstances justifies, n. [34], p. 269.

DISCRIMINATIONS- Continued.

Dissimilarity of circumstances and conditions, etc.- Continued.
Determination of question, n. [35], p. 269.

Dissimilarity created by carriers themselves, n. [36], pp. 269,
270.

Whether competition may be considered, n. [37], pp. 270, 271.
When competition exists, n. [38], p. 271.

What competition will justify, n. [39], pp. 271, 272.

Extent to which competition justifies, n. [40], pp. 272, 273.
What are "contemporaneous" shipments, n. [41], p. 273.
Need of revenue by carrier as justification, n. [42], p. 273.
Cost or value of freight as justification for discriminations in
rates, n. [43], pp. 273, 274.

Amount of freight shipped as affecting carrier's duty not to
discriminate, n. [44], pp. 274-276.

Other traffic from shipper as justification, of discriminatory
rates, n. [45], p. 277.

Exclusive patronage of shipper as affecting duty, n. [46], p.
277.

Discriminations to obtain traffic, n. [47], pp. 277, 278.

Unnecessary cost of operation not justification, n. [48], p. 278.
Protection of carrier's interests, n. [49], 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],
p. 279.

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.
610.

In freight rates on interstate traffic, power of commission as to,
p. 615.

§ 60,

Duty to furnish gas and electricity to all applicants without, n.
[8], pp. 625-627.

Duty to furnish gas and electricity without discrimination in rates,
n. [6], pp. 646, 647.

DISCRIMINATORY RATES.
See, "RATES."

DISMISSAL.

See also, "INVESTIGATIONS;" "PROCEEDINGS."

Of complaint to commission, § 48, subd. 3, p. 459.

Of summary proceedings in supreme court against carriers, § 57,
p. 598.

Of summary proceedings against gas or electrical corporations or
municipalities furnishing gas or electricity, § 74, pp. 656, 657.

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 freight, rules as to, should be published, n. [18], p. 235.

Of cars, carriers shall not discriminate in the, § 37, pp. 397, 398.
Of freight cars, power of commission to regulate, § 37, subd. 2,
p. 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,
p. 75.

Annual reports of commissions and abstracts of reports of public
service corporations to be printed as public document, § 16, p. 89.
In possession of commission deemed public records, § 16, p. 89.
Right of public to inspect, n., pp. 90, 91.

Certified copies of official documents filed with commission to be
evidence, § 17, p. 91.

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.
Form of application to compel production of, n. [3], pp. 94, 95.
Relevancy as affecting compelling production of, n. [5], pp. 95, 96.
Validity of notice to corporations to produce, n. [6], p. 96.
Subpoena duces tecum compelling production of, by corporations,
n. [6], p. 97.

Whether immunity of witnesses extends to production of, n. [8],
pp. 108, 109.

Commission or commissioner may compel carriers to file sworn
copies of, 45, subd. 3, pp. 450, 451.

Of carriers, power of commission or commissioner to examine, § 45,
subd. 3, pp. 450, 451.

Examination of, on hearing by commission to determine whether
carrier shall issue stocks, bonds, etc., § 55, pp. 587-589.
Examination of, on hearing as to permitting issue of stocks, bonds,
etc., by gas or electrical corporations, § 69, pp. 636, 637.
Provisions of, referring to boards or officers abolished by Act
deemed to refer to Public Service Commissions, § 86, p. 667.
DRAWBACK.

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
property without, n. [7], pp. 125–128.

In punishing witnesses for contempt, n. [10], p. 100.

Depriving carrier of property without, as ground for restraining
orders of commissions, n. [11], pp. 133-135.

DUTIES.

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Of carriers as to various matters, see, COMMON CARRIERS;" "RAIL-
ROADS;" "STREET RAILROADS ;" and specific heads.

Of commission, in general, § 4, p. 46; § 5, pp. 65, 66.

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