UNDER THE INTERSTATE COMMERCE ACT FROM 1908 BY HERBERT C. LUST AND RALPH MERRIAM OF THE CHICAGO BAR SECOND EDITION CHICAGO, ILL., 1913 This book is dedicated to the memory of EDWARD A. MOSELEY, Secretary of the Interstate Commerce Commission from its inception until his death in 1911, whose unfailing courtesy, devotion to duty, broad knowledge and sympathy won for him the esteem and affection of the traffic world. 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, including 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 classification 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. Justification 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 to 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 evidence on which the Interstate Commerce Commission or the court bases its decision in the particular case. The authors have attempted to summarize in easy, readable style ton mile revenues, distances, commodities, |