other than a common carrier; and of property which is used jointly with other carriers for common-carrier purposes.

916. No allowance made in the estimate of cost of reproduction new for contingencies as such; but the quantities and prices employed reflect various construction contingencies and fairly represent the amount of money necessary to reproduce the identical property.

917. The percentage plan of stating engineering in the cost of reproduction new is adopted. In stating the cost of reproduction new by the percentage method engineering should be computed on the amount of the investment in the road accounts, exclusive of engineering and land.

918. The percentage method of estimating general expenditures, other than interest during construction, is adopted in determining the cost of reproduction new, and the percentage adopted in the present case is applied to the road accounts, exclusive

of land.

919. In estimating interest during construction, for the purpose of stating the cost of reproduction new, it has been assumed that the credit available is good and uniformly the same and that money is obtainable at the same rate of interest and supplies can be purchased at equally advantageous prices; 6 per cent per annum is assumed as the interest rate and is taken as covering the cost of obtaining money.

920. The period used in determining interest during construction in estimating the cost of reproduction new is taken at one-half of the estimated construction period required for reproduction, plus three months, as to road and general expenditures; and at three months for equipment.

921. Materials and supplies and cash on hand are not included in the estimate of cost of reproduction new; but the amounts on hand, as shown by the carrier's inventory and its general balance sheet, are stated in the tentative and final valuation.

922. In estimating cost of reproduction new, the property to be reproduced is taken as the existing property as it was when put into its present service; and if secondhand materials were used, the cost of reproduction new is estimated for the same kind of materials in the same condition as when installed.

923. The protest of the carrier with respect to the unit prices employed in the estimate of cost of reproduction considered, and various modifications made as to the prices applied to particular classes of material and labor.

924. In estimating the cost of reproduction less depreciation, depreciation has been treated as covering the lessening in the number of units of capacity for service as compared with those existing in the same elements when installed; and upon ascertaining what part of the remaining capacity for service remains, the depreciation which has already accrued is subtracted from the cost of reproduction new and the remainder is given as the cost of reproduction less depreciation. Due consideration is given to existing salvage or scrap value. Depreciation is not taken merely as the equivalent of deferred maintenance or loss of service efficiency. The tentative report herein is corrected as to the service life of certain species of properties.

925. In estimating the cost of reproduction new, as a telegraph line is necessary in the conduct of the business of a carrier, it is assumed that the carrier would equip itself with such facility in the same manner that it did originally, and would be obliged to perform the same amount of work in the theoretical reproduction of the property as it did in the original construction, although a portion of the line was, by agreement, put in the exclusive use of a telegraph company, and the title to the line is in the telegraph company.

926. The present value of the lands owned or used for common-carrier purposes is stated by ascertaining the number of acres and multiplying this acreage by a market value determined from the present fair average market value of similar adjacent and adjoining lands, due allowance being made for any special value which may attach by reason of the peculiar adaptability of the land to railroad use; but nothing additional is added for the expense of acquisition, for severance damages, for engineering, and for interest during construction. For reasons stated, the reproduction cost of carrier lands, and the present cost of condemnation and damages, or of purchase, of a carrier's lands, are not estimated.

927. When a street or alley in a municipality has been vacated and the carrier uses the land exclusively for common-carrier purposes, the original cost of the land to the carrier, if ascertainable, and its present value, will be included in the inventory as land owned by the carrier, unless it affirmatively appears the carrier does not own it. 928. Where a street or alley in a municipality is used as such by the public, and is also used by the carrier for its common-carrier purposes, along or across the same, no part thereof will be inventoried as land owned by the carrier unless it affirmatively appears that the carrier owns it.

929. Where a highway outside of a municipality is used as such by the public, and is also used by the carrier for its common-carrier purposes, along or across the same, the land jointly used, together with its original cost, if ascertainable, and its present value will be inventoried as land owned by the carrier unless it affirmatively appears that the carrier does not own it.

930. While the valuation act evidently intends to require a statement of all the cost values, and other circumstances which might bear upon the value of the property, at least for rate-making purposes, and appreciation is a fact which may affect the final value of the property, the record herein does not warrant any definite finding either as to the cost or value of such appreciation as has resulted from maintenance, operation, and the effects of time upon the roadbed.

931. The finding in the tentative valuation that "no other values or elements of value were found to exist" is approved upon the record in the instant case, in the light of the fact that in the cost of reproduction new and the cost of reproduction less depreciation figures requisite consideration was given to the fact that the property constitutes a railroad and was doing business, and is not merely an aggregate of materials. 932. Findings and order made as to basic facts in the final valuation of the carrier, to be supplemented by further appropriate finding and order with respect to the value of the property used for common-carrier purposes.

Winston-Salem Southbound Railway Company. (1 Val. Rep., 187.)

933. Exceptions of respondent carrier, Winston-Salem Southbound Railway Company, to a tentative valuation made by the Commission and served under the provisions of section 19a of the act to regulate commerce, as amended March 1, 1913, considered and determined. Various changes made in the tentative valuation, and the tentative valuation as corrected made final, to be supplemented by further appropriate findings and order with respect to the value of the common-carrier property.

934. Texas Midland Railroad, 1 Val. Rep., 1, followed, as to construction of section 19a of the act, as amended.

INDEX TO POINTS DECIDED IN REPORTED CASES.

[The numbers refer to the corresponding headnotes. For example, the number 18, found under the head
of Commodity rates in this index, refers to the paragraph of that number in the foregoing statement of
Points Decided by the Commission.]

Abandonment of claim (see also Limitations, statute of), 497, 579.

Absorption of charges, 46, 168-171, 493, 519, 632, 633, 699.

Accounts of carriers (see Financial operations).

Advance in rates (see also Suspended rates), 404, 419, 467, 479, 490, 538, 539, 641, 658,

780.

Agents, 762.

Aggregate of intermediate rates (see Combination rates).

Agreed valuation, 126, 613, 638, 642-644.

Allowances (see also Plant facilities), 144, 219, 330, 331, 337, 368, 415, 501, 557, 592,

665, 685, 815, 816, 858.

Baggage, 482, 852.

Basing point system (see Combination rates).

Bill of lading, 121.

Burden of proof (see Advance in rates; Practice; Suspended rates).

Canadian traffic, 85, 272, 380, 572, 769, 770, 851.

Caretakers (see Passengers).

Carloads, mixed, 31, 269, 354, 389, 513, 525, 608, 787, 808, 868.

Cars (see also Demurrage: Preference or advantage; Reasonable rates; Regulations,
reasonable), 64, 113, 133, 140, 144, 155, 278, 344, 389, 434, 506, 507, 615, 635, 728,
741, 782, 807, 839, 848, 851, 854-863, 893, 898–901.

Car shortage, 11, 615.

Classification (see also Reasonable rates), 36, 44, 59, 66, 243, 256, 268, 314, 315, 369,
370, 384, 445, 498, 499, 514, 559, 616, 617, 643, 644, 648, 776, 789, 818, 819, 867,
868, 871, 882.

Coal rates (see also Reasonable rates; Preference or advantage; Unjust discrimina-
tion), 6, 15, 39, 46, 54, 84, 133, 159, 160, 161, 192, 261, 431, 455, 458, 469, 473, 503,
506, 507, 597, 615, 620-622, 625, 645, 646, 657, 658, 682, 775, 806, 827, 837, 849.
Combination rates (see also Long-and-short-haul section; Reasonable rates), 3, 8, 58,
112, 146, 163, 219, 237, 249, 393, 410, 431, 490, 508, 615, 666, 737, 808, 840.
Commodities clause (see also Plant facilities).

Commodity rates, 18, 67, 77, 134, 141, 186, 203, 224-231, 250, 253-256, 328, 376, 379,
405, 453, 454, 474, 476, 477, 478, 490, 533, 542, 552, 583, 648, 683, 685, 768, 785, 822.
Common arrangement (see Contracts; Joint rates and through routes).

Common carrier, 330, 414, 500, 706, 870, 872.

Commutation fares, 538.

Competition (see also Long-and-short-haul section; Panama Canal act; Water lines),

144, 194, 519, 576.

Cummins amendment, 126, 243, 613, 638, 642-644.

Damage (see Reparation).

Delivery, free (see Plant facilities).

Demurrage, 6, 15, 43, 62, 81, 83, 84, 188, 206, 286, 327, 359, 418, 419, 426, 427, 441, 459,
504, 555, 560, 677, 705, 710, 773, 775, 862.

Differentials, 558, 756, 757, 764, 841.

Distribution of cars (see Cars).

Distance (see also Long-and-short-haul section; Mileage rates), 79, 234, 585.

Diversion in transit (see Reconsignment charges).

Division of rates (see also Plant facilities), 86, 415-417, 556, 645, 646, 686, 707.
Drayage charges, 422.

Elevation charges, 519, 632, 633.

152

Embargoes, 13, 181.

Evidence (see also Practice), 97, 327, 340, 449.

Excursion rates (see Commutation fares; Passengers).

Export rates, 12, 13, 43, 81, 83, 205, 216, 434, 504, 582, 732, 774.
Express rates, 635, 718, 780, 845, 846.

Fabrication in transit (see Reshipping arrangement).

Facilities of traffic (see Cars; Plant facilities; Switches).

Facilities, special (see Cars; Plant facilities).

Fifteenth section applications, 538, 539, 543, 615, 654, 683, 684, 786.

Financial operations, 232, 496, 538, 539.

Foreign carrier (see also Canadian traffic), 228, 229, 553.

Fourth section (see Combination rates; Long-and-short-haul section).
Franks, express, 845, 846.

Free passes and free transportation (see Passengers).

Government control, 194.

Grain rates, 1, 16, 58, 65, 76, 114, 115, 140, 153–155, 167, 216, 289, 311, 312, 317, 318, 329, 332, 339, 341, 348, 390, 411, 457, 494, 515, 519, 570, 582, 614, 626-630, 653, 683, 693, 701, 774, 812, 817, 836.

Group rates, 79, 108, 134, 162, 186, 203, 233, 248, 257, 259, 454, 508, 544, 567, 619, 625, 626-630, 639, 803, 822.

Illegal rates (see Reasonable rates).

Import rates.

Industrial lines (see Plant facilities).

Intrastate traffic, 121, 122, 167, 255, 338, 402, 691, 692, 708.

Joint rates and through routes, 80, 86, 115, 118, 207-209, 219, 233, 378, 391, 401–404, 409, 412, 414-417, 463, 464, 475, 499, 492, 508, 516-518, 551, 556, 615, 645, 646, 647, 684, 686, 694, 695, 706, 737, 797, 817, 841, 852.

Jurisdiction of Commission, 88, 130, 196, 375, 402, 556, 708, 873.

Lighterage, 81, 124, 187, 188, 483, 665.

Limitations, statute of (see also Abandonment of claims), 579, 825.

Location (see Long-and-short-haul section; Preference or advantage).

Long-and-short-haul section (see also Combination rates), 9, 17, 18, 24-27, 35, 40, 48, 52, 56, 77, 80, 105, 129, 134, 148, 152, 165, 166, 210, 211, 231, 235, 241, 292, 294, 296, 305, 307, 309, 320, 325, 335, 343, 347, 356, 400, 413, 421, 432, 456, 470, 476, 485–489, 490, 491, 525, 527, 533, 548, 550, 571, 584, 595, 601, 609, 610, 615, 621, 662, 680, 688, 696, 704, 722, 725, 744, 794, 813, 823, 838, 865, 866, 895.

Loss and damage claims, 317, 851.

Lumber rates, 37, 43, 55, 57, 62, 71, 98, 100, 104, 112, 128, 135, 137, 143, 145, 146, 156, 196, 197, 205, 217, 218, 271, 272, 273, 277, 284, 285, 286, 289-a, 295, 298, 334, 345, 351, 361, 364, 371-374, 396, 414, 415, 417, 423, 424, 437, 441, 442, 459, 504, 511, 532, 558, 561, 569, 572, 634, 652, 656, 660, 663, 673, 677, 679, 694, 695, 696, 698, 707, 712, 726, 736, 773, 783, 790, 796, 801, 805, 809, 810, 826, 840-842, 885, 894. Market competition (see Competition; Preference or advantage).

Mileage rates (see also Distance; Reasonable rates), 538.

Milling in transit (see Reshipping arrangement).

Minimum weights (see Weight).

Misrouting (see Routing of freight).

Notice (see Practice).

Overcharges, 42, 87, 107, 244, 266, 283, 308, 408, 435, 436, 536, 701, 717, 724, 728, 761,

773, 788, 894.

Panama Canal act, 130, 618, 853.

Parties (see Practice).

Passengers, 428, 482, 492, 493, 496,538, 635, 814, 852, 897.

Peddler cars, 249, 265, 316, 702, 850.

Plant facilities, 2, 10, 144, 219, 220, 330, 331, 332, 337, 341, 417, 500, 501, 506, 510, 557, 592, 598, 658, 685, 706, 707, 815, 816, 832.

Practice, 157, 337, 339, 404, 472, 565, 699.

Practices (see Regulations, reasonable; Unjust discrimination).

Preference or advantage, 4, 7, 16, 17, 18, 20, 22, 23, 28, 49, 59, 67, 71, 78, 85, 106, 110, 111, 114, 115, 117, 121-123, 128, 131, 132, 134, 138, 139, 140, 141, 143, 144, 158, 161, 162, 163, 186-190, 195, 196, 197, 207-209, 214, 215, 217, 220, 221, 252, 255, 261, 263, 265, 266, 270, 274, 275, 279, 284, 287, 290, 291, 298, 303, 308, 311, 312, 321, 326, 332, 337, 338, 343, 345, 346, 350, 373, 374, 383, 386, 387, 388, 390, 391, 411, 420, 423, 425, 435, 437, 439, 465, 466, 469, 472, 473, 477, 478, 481, 492, 495, 504, 507, 517, 519, 522, 525, 531, 546, 547, 559, 562, 570, 573, 575, 581, 585, 586, 588, 592, 602, 607, 612, 614, 620, 627, 629, 634, 640, 649, 664, 665, 670, 671, 682, 691, 692, 711, 733-735, 740, 748, 749, 753, 755, 763, 765, 769, 770, 778, 779, 785, 797, 804, 806, 807, 812, 814, 819, 822, 828-830, 833, 836, 840, 847, 850, 852, 868, 877, 891, 894, 897, 898.

Prejudice or disadvantage (see Preference or advantage).

Private cars (see also Cars), 854-863.

Private wire contracts, 869-882

Proportional rates, 119, 130, 146, 212, 216, 412, 449, 490, 623, 823.

Rate making (see Reasonable rates).

Reasonable rates, 3, 4, 7, 8, 16, 18, 21, 30, 31, 33, 34, 38, 39, 41, 42, 43, 45, 47, 49, 50, 53, 55, 58, 59, 60, 61, 63, 65, 66, 67, 68, 70, 71, 74, 78, 81, 89, 90, 91, 92, 93, 95, 98, 99, 101, 102, 104, 107, 108, 109, 111, 113, 116, 120, 121, 123, 129, 133, 134, 135, 136, 137, 138, 139, 142, 143, 145, 146, 149-151, 161, 162-164, 167, 171, 187, 191, 192, 195, 198, 199-202, 204, 205, 206, 207-209, 213, 214, 215, 217, 219, 222, 223, 233-241, 243, 247, 249, 252, 257, 260, 261, 262, 263, 265, 266, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 284, 285, 286, 288, 289, 289-a, 290, 293, 295, 297, 298, 299, 302, 304, 306, 308, 310, 311, 312, 316, 320, 322, 323, 324, 326, 329, 332, 333, 334, 337, 339, 341, 342, 344, 345, 346, 348, 349, 351, 354, 355, 357, 358, 361, 362, 363, 364, 365, 366, 367, 371, 372, 376, 377, 379, 380, 381, 382, 383, 385, 386, 387, 388, 390, 392, 393, 395, 396, 397, 399, 401, 403, 408, 410, 411, 412, 420, 423, 425, 429, 430, 431, 433, 435, 437, 438, 439, 440, 442, 443, 446, 447, 449, 451, 452, 455, 458, 460, 461, 462, 465-470, 477, 478, 480, 484, 495, 503, 504, 505, 508, 509, 512, 513, 514, 516, 517, 521, 522, 524, 526, 528, 529, 531, 532, 533, 537, 540, 541, 544, 545, 546, 549, 553, 554, 557, 558, 559, 561, 562, 563, 564, 568, 570, 572, 573, 574, 575, 577, 578, 580, 581, 582, 585, 587, 590, 591, 592, 593, 594, 599, 600, 607, 608, 609, 612, 613, 614, 619, 620, 622, 624, 626, 634, 636, 637, 639, 641, 649, 650, 651, 655, 656, 657, 658, 659, 660, 661, 663, 664, 666, 667, 668, 669, 670, 671, 672, 675, 676, 678, 679, 681, 687, 696, 699, 700, 702, 703, 709, 710, 713, 714, 716, 718, 719, 720, 721, 723, 726, 727, 729, 730, 731, 732, 733, 735, 736, 737, 738, 739, 740, 742, 743, 745, 748, 749, 750, 751-753, 754-757, 759, 760, 763, 765, 766-770, 772, 773, 777, 779, 781, 783, 785, 787, 791, 793, 795, 797, 799, 800, 801, 802, 805, 806, 808, 809, 812, 814, 817, 821, 822, 823, 826, 832, 833, 836, 837, 839, 841, 842, 843, 848, 849, 850, 864, 866, 868, 881, 884, 886, 887, 888, 889, 890, 891, 892, 893, 894, 896, 898.

Reconsignment charges, 11, 58, 112, 172-185, 188, 281, 289a, 360, 418, 419, 494, 503, 553, 574, 582, 660, 677, 698, 732, 798, 807.

Refrigerator charges, 147, 275, 313, 389, 502, 606, 750, 856, 861, 896.

Refund (see Overcharges; Reparation).

Refusal to transport, 471.

Regulations, reasonable, 6, 12, 13, 14, 16, 116, 122, 132, 133, 140, 153-155, 157, 173, 179, 313, 317, 336, 406, 407, 428, 494, 535, 536, 576, 597, 606, 632, 633, 741, 807, 828-830, 851, 854-863, 897, 899.

Rehearings, 45, 139, 167, 192, 193, 198, 212, 217, 218, 244, 251, 253, 329, 338, 341, 409, 462, 473, 485, 489, 556, 611, 625, 685, 686, 782, 843, 844, 847, 886, 896, 897. Relative rates (see Reasonable rates).

Reparation, 1, 10, 28, 29, 30, 31, 33, 34, 37, 38, 39, 42, 45, 47, 51, 57, 58, 63, 68, 69, 70, 75, 85, 87, 88, 90, 94, 96, 101, 102, 103, 104, 107, 108, 109, 112, 113, 116, 129, 131, 137, 138, 144, 147, 151, 200, 202, 204, 218, 221, 222, 257, 266, 267, 268, 270, 285, 290, 293, 295, 297, 301, 302, 304, 306, 308, 310, 320, 324, 329, 334, 336, 337, 340, 344, 348, 349, 353, 355, 357, 358, 362, 363, 365, 367, 380, 381, 385, 389, 392, 393, 394, 395, 398, 404, 416, 419, 422, 425, 426, 428, 429, 430, 433, 435, 436, 437, 441, 442, 445, 446, 451, 452, 455, 457, 458, 471, 473, 481, 491, 502, 505, 509, 512, 515, 530, 532, 537, 540, 541, 553, 557, 562, 563, 564, 565, 569, 578, 579, 580, 581, 582, 586, 587, 590, 591, 599, 608, 609, 619, 620, 634, 649, 650, 655, 656, 657, 659, 660, 661, 663, 665, 666, 667, 668, 675, 676, 678, 681, 687, 696, 698, 700, 702, 705, 709, 712, 715, 717, 718, 719, 720, 721, 726, 727, 729, 730, 736, 737, 738, 739, 742, 743, 749, 752, 758, 761, 762, 763, 765, 771, 772, 774, 778, 781, 786, 787, 788, 793, 795, 796, 798, 799, 800, 801, 805, 807, 808, 811, 815, 820, 821, 822, 824, 825, 827, 830, 831, 832, 834, 835, 844, 865, 866, 883, 884, 885, 886, 887, 888, 889, 892, 894, 896. Reshipping arrangement, 16, 19, 20, 30, 37, 61, 76, 114, 115, 132, 159, 216, 273, 289303, 339, 363, 391, 434, 439, 440, 471, 479, 494, 519, 574, 604, 632, 693, 698, 701, 713, 715, 774, 817, 836.

Routing of freight, 29, 32, 54, 57, 103, 167, 264, 267, 283, 300, 352, 424, 450, 515, 516-518, 698, 712, 724, 736, 790, 792, 796, 810, 885.

Shipping in transit (see Reconsignment charges; Reshipping arrangement).
Spotting charges, 501.

Stoppage in transit (see Reconsignment charges; Reshipping arrangement).
Storage, 12, 13, 81, 282, 427, 434, 440, 560, 574, 705, 728, 774, 883.

Substitution of tonnage (see Regulations, reasonable; Reshipping arrangement).