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FOREIGN CORPORATIONS.

COMMERCE, II, d.

See Burton Stock Car Co. v. Chicago, B. & Q. R. Co. 329.

FOURTH SECTION. See LONG AND SHORT HAUL.

LONG AND SHORT HAUL.

I. GENERAL RULES; CIRCUMSTANCES JUSTI-
FYING GREATER CHARGE FOR LESSER
HAUL; COMPLAINTS FOR VIOLATION
OF SECTION 4.

II. SUSPENSION OF FOURTH SECTION.
APPLICATIONS FOR SUSPENSION.
BRIEFS AND NOTES.

III.

FREE PASSES. See PASSES. HEARING. See CONTINUANCE AND ADJOURNMENT; REHEARING; RULES, 4, 10. 1. Carrier deeming complaint insufficient may serve notice for hearing on complaint without answer, and facts stated are admitted. I. GENERAL RULES; CIRCUMSTANCES JUSTIMotion to dismiss for insufficiency may be made at hearing. Rule 6, Appendix I, 842.

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FYING GREATER CHARGE FOR LESSER
HAUL; COMPLAINTS FOR VIOLATION OF
SECTION 4.

1. Circular as to short haul rates. 601.

2. The joint rates on long hauls usually are, and should be, proportionately lower than local rates on short hauls. Farrar v. East Tennessee, V. & G. R. Co. 764.

3. The Act to Regulate Commerce aids the rule making the aggregate charge of transportation of freight less in proportion See every hundred miles after the first. Id.

ACT.

4. The prohibition in section 4 of the Interstate COM-Commerce Act is limited to cases in which circumstances and conditions are substantially similar. Re Southern R. & S. Asso. 278. 5. Carriers are required to judge in the first instance with regard to the similarity or dissimilarity of the circumstances or conditions that forbid or permit a greater charge for a shorter distance. Id.

See ACT TO REGULATE COMMERCE. INTERSTATE COMMERCE COMMISSION. See COMMISSION.

INTOXICATING LIQUORS. See COM

MERCE, 38-40.

JOINT TARIFF.

1. Joint tariffs to be printed in ordinary type, and copies kept at every depot or station upon the line of the carriers uniting therein. Order as to Publication of Joint Tariffs, 598.

2. Any one member of a joint combination may file copies of joint tariff for all the members. Re Filing Copies of Joint Tariff, 76. JURISDICTION. See CHARGES AND DISCRIMINATION, 119; COMMISSION; CONTRACTS; COURTS; DAMAGES. JURY.

A claim for pecuniary damages entitles the plaintiff to a jury trial and the Interstate Commerce Commission will not consider it. Peck v. East Tennessee, V. & G. R. Co. 775; Councill v. Western & A. R. Co. 638; Riddle v. New York, L. E. & W. R. Co. 787. LAND EXPLORERS.

Land explorers and settlers are not entitled to lower rates than the general public. Smith v. Northern Pac. R. R. Co. 611.

LICENSE. See COMMERCE, II, b; 35, 36. LIVE STOCK.

1. Carriers cannot make the yards of a certain company their exclusive stock depot at a certain place, there being other stock yards near by charging lower rates. Keith v. Kentucky Cent. R. Co. 316, 601.

6. Judgment of carriers in respect to circumstances and conditions is not final and is subject to authority of the Commission and of the courts to decide whether error has been committed or statute violated. Id.

7. In case of complaint for violation of section 4, the burden of proof is on the carrier to justify any departure from the general rule prescribed by statute, by showing that circumstances and conditions are dissimilar.

ld.

8. Section 1, requiring charges to be reasonable, and section 2, forbidding unjust discrimination, apply when exceptional charges are made under section 4, as they do in other cases. Id.

9. The existence of actual competition which is of controlling force may, in certain cases, make out the dissimilar conditions entitling the carrier to charge less for longer than for shorter haul. Id.; Ex parte Koehler, (U. S. C. Ct. Or.) 317; Harwell v. Columbus & W. R. Co. 631.

10. That railroads have water competition, and are obliged to meet it, is not in itself sufficient to justify the lesser charge for the greater distance. Id. 631.

11. It is not a justification for charging more for a shorter than for a longer distance that the traffic which is subjected to such greater charge is way or local traffic; nor that the shorter haul traffic is more expensive to the carrier; nor that the lesser charge has for its motive the encouragement

of manufactures or some other branch of in2. Conveyed in Burton stock cars, rates for.dustry; nor that it is designed to build up trade

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traffic. Id.

13. The "circumstances and conditions" touching_transportation to and from Mexico through El Paso, Texas, by Texas & Pacific R. Co., are so substantially different from those surrounding transportation to other points as to justify the establishment of lower rates than charged at points where the distance and haul are shorter. Re Texas etc. R. Co. (U. S. C. Ct. La.) 30.

14. Where in proceeding against several connecting roads for violation of section 4, one claims that its only participation consisted in sharing in low charges on long haul, complaint should not be dismissed against it. Boston & A. R. R. Co. v. Boston & L. R. R. Co. | 571.

15. The sole grievance of petitioning road in such case being that defendant company accepted through traffic at lower rates than itself, the petitioner has no standing to maintain the proceeding. Id.

16. The desire to have the Act construed will not support such proceedings. Id. 17. The right to make greater charges for short than for long haul depends upon peculiar circumstances and conditions in each case. ld.

18. Complainant must not necessarily have pecuniary interest to be entitled to be heard. Id.

II. SUSPENSION OF FOURTH SECTION. 24. Order for suspension must be based upon investigation. Jurisdiction of Commis sion, 73.

authorized to make orders for suspension of operation of Act are exceptional. Id. 26. Mere probability that injury will result will not authorize Commission to direct suspension. Id.

25. The cases in which the Commission is

27. The Act does not authorize the Com mission to require exceptions. Thatcher V. Fitchburg R. Co. 356.

28. The Commission will not grant ageneral suspension of section 4 of Act, but will give relief only as to traffic between specified points. Re Richmond etc. R. R. Co. 22.

As to Particular Roads.

29. Atchison, Topeka & Santa Fé R. Co. 1, 27, 58; Cape Fear & Yadkin Valley R. Co. 21; Cincinnati, N. O. & T. P. R. Co. 23; Detroit, Grand Haven & Milwaukee R. Co. 17; Illinois Central R. Co. 21; Louisville & Nashville R. Co. 278: Louisville, N. O. & T. R. Co. 21; Newport News & Miss. Valley R. Co. 21; New York, Phila. & Norfolk R. Co. 21; Norfolk & Western R. Co. 21; Norfolk Southern R. Co. 23; Northern Pacific R. Co. 27; RichSt. Louis & Cairo Short Line R. Co. 21; mond, Fredericksburg & Potomac R. Co. 21; St. Louis & San Francisco R. Co. 27; Southern Pacific R. Co. 16, 27; Southern R. & Steamship Asso. 15, 17, 21; Tennessee & Ohio R. Co. 21; Texas & Pacific R. Co. 23, 30.

III. APPLICATIONS FOR SUSPENSION. 30. Applications must be made by petition, stating relief desired and points between which authority is asked to charge less; and verified by officer or agent of petitioner. Rule 2, Ap

19. The Vermont State Grange has such interest that it may raise the question and the proceeding is maintainable upon its peti-pendix I, 841.

tion. Id.

20. Where several companies join in joint tariff, those making greater charges must justify it. Id.

31. Application for exceptions under Act will on.y be granted after investigation upon verified petition. Re Southern Pac. R. R. Co. 16.

32. Notice must be published by petitioner 21. Defendant companies permitting in not less than two newspapers along the line through business to be done over their tracks, for at least ten days prior to presentation of by the National Despatch Line, are respon-petition, stating nature of relief applied for and sible for long haul rates. ld.

22. A complaint, in effect asking from the Commission an order requiring defendant roads to receive freight at Schenectady for transportation to Boston, for rates less than are now charged by some roads for transportation of like freights to Boston from stations nearer Boston, under substantially similar circumstances and conditions must be dismissed. Thatcher v. Fitchburg R. Co. 356. 23. Complaints for violation. Allen v. Louisville, New Albany & O. R. Co. 586, 621; Boston & Albany R. Co. v. Boston & Lowell R. Co. 291, 400, 500, 557, 571; Business Asso. of Minnesota v. Chicago, & N. W. R. Co. 483; Same v. Chicago, St. P. M. & O. R. Co. 483, 591; Farrar v. East Tennessee, Va. & Ga. R. Co. et al. 754; Friend v. Southern Pacific R. Co. et al. 58, Koehler Re, 317; Raymond v. Chicago, B. & Q. R. Co. 592. INTER S.

time of presentation of application; proof of each publication must be filed with petition. Id.; Rule 2, Appendix I, 841.

Proceedings for Suspension.

33. Atlantic & North Carolina R. Co. 292; Central R. & Banking Co. 15; Chicago, St. Paul, Minneapolis & Omaha R. Co. 24, 63; Indianapolis, Decatur & Springfield R. Co. 15; Evidence at Atlanta, 76; Evidence at Memphis, 62, 63, 72, 212; Evidence at Mobile, 136; Evidence at New Orleans, 62, 179; Fruit Interests of California, Re,23; Gullett Cotton Gin Co. Re,63; Iowa Barb Steel Wire Co. Re, 21, 605; Lake Shore & M. S. R. Co. 63, 292; Louisville & Nashville R. Co. 15, 278; Louisville, New Orleans & Texas R. Co. Re, 21;Manufacturers & Jobbers Union v. Minneapolis & St. L. R. Co. 483,630; Meadville & Louisville R. Co. 292; Minneapolis & Northwestern R. Co. 73; New York C. & H. R. R. Co. 63;

New York, Phila. & Norfolk R. Co. v. Atlan | OVERCHARGE.

tic Coast Line, 447, 582; Oregon R. & Nav. 1. Hearing of complaint of people of Hot Co. Re, 62; Pacific Mail Steamship Co. 293; Pa- Springs, N.C., against the Western, North Carcific Pine Lumber Co. 23; Palatka, Fla. 72; Pitts-olina Railroad Company for overcharge in burg & L. E. R. Co. 63, 292; Prescott, Arizona, 72; Queen & Crescent R. Co. System, 73; Redwood Mfg. Asso. 23; Re Richmond & Allegheny R. Co. 22; Re Southern Pacific R. Co. 16, 25; Southern R. & Steamship Asso. 15, 17, 76, 278; Sultan & Co. 293; Re, Union Pacific R. Co. 60; Western & Atlantic R. Co. 15; Re Wisconsin Cent. R. Co. 21.

BRIEFS AND NOTES.

Rules. Note, 868.

MAXIMS.

1. Omne majus continet in se minus. Dis. Op. Wabash etc. R. Co. v. People (U. S. Sup. Ct.) 42. 2. Sic utere tuo ut alienum non lædas. parte Koehler (U. S. C. Ct.) 319.

BRIEFS AND NOTES.

Ex

passenger rates; upon company's promise to refund excess, the case was permitted to remain open for a few days to see if company fulfilled promise. Hot Springs v. Western N. Č. R. R. Co. 316.

drawn where complainant's receipt in
2. Complaint for overcharges with-
full settlement for overcharges was shown by
respondent. Stahl v. Oregon R. & Nav. Co.
314.

PARALLEL LINES. See CHARGES AND
DISCRIMINATION, 9.

| PARTIES. See PLEADING AND PRACTICE, 1.
PASSENGERS. See BAGGAGE; CHARGES
AND DISCRIMINATION, VI.

1. It is unjust discrimination to remove a colored passenger holding a first class ticket from a first class car to a second Heard

Expressio unius est exclusio alterius. (U. S. class car, less clean and comfortable.
C. Ct. N. J.) 416.
MISSIONARIES.

Missionaries may have reduced rates. Re
Religious Teachers, 21.

NAVIGABLE WATERS.

1. Navigable waters of the United States are those which form by themselves or by uniting with others a continuous highway for commerce with other States. Cited in Decker v. Baltimore etc. R. R. Co. (U. S. C. Ct. N. Y.) 441.

2. The control of navigable waters constituting channels of communication between States and foreign countries, is within the com mercial power of Congress. Cited in Gloucester Ferry Co. v. Pennsylvania (U. S. Sup. Ct.) 388.

3. Congress may authorize a private corporation to occupy the navigable waters within a State and appropriate soil under them, for purposes of interstate commerce, without consent of State. Stockton v. Baltimore etc. R. R. Co. (U. S. C. Ct. N. J.) 411; Decker v. Baltimore etc. R. R. Co. (U. S. C. Ct. N. Y.) 434.

4. Act of Congress of June 16, 1886, authorizing construction of bridge across Staten Island Sound, known as Arthur Kill, etc., is valid. Id.

5. Fifth Amendment of Federal Constitution does not apply in such case. Id.

6. The shores of navigable waters and the soil under them were not granted by the Constitution to the United States but were reserved to the States respectively. Cited in Id. 441.

NEGROES. See COLORED PERSONS.

V. Georgia R. Co. 493, 719. Councill v.
Western & A. R. Co. 292, 355, 638.

2. The separation of white and colored passengers is not unlawful if the accommodations are equal in all respects. Id.

3. The Commission declines to proceed on the plaintiff's claim for damages, for inju ries done in his violent removal from car, leav ing him his remedy in the courts. Id. 638. PASSES.

1. Section 2 of Act prohibits giving of passes to particular persons; and the exception allowed in section 22 in favor of officers and employees of road does not include the families of such persons. Ex parte Koehler (U. S. C. Ct. Or.) 317.

2. Complaint charging use of free pass by Territorial Judge of Dakota. Tuttle v. Northern Pac. R. R. Co. 483, 588.

3. In the absence of an actual case, the Commission will not pass upon the question of passes to the United States Fish Commission. Re United States Commission of Fish and Fisheries, 606. PETITION. TICE, I. PILOTAGE.

See PLEADING AND PRAC

Pilotage regulations are susceptible of state
regulation. Authorities cited in Dis. Op.
Wabash etc. R. Co. v. People (U. S. Sup. Ct.) 41.
PLEADING AND PRACTICE.
I. COMPLAINT; PARTIES.
II. ANSWERS.
III. AMENDMENT.
IV. PRACTICE.

BRIEFS AND NOTES.

NONRESIDENTS. See COMMERCE, II, b. See AFFIDAVITS; COMMISSION; DEPOSITIONS;

OATH. See AFFIDAVITS.

DISMISSAL AND DISCONTINUANCE; HEAR-
ING; JURY; REHEARING; RULES.

OFFICE AND OFFICER. See AFFI FOR PLEADINGS under various sections of

DAVITS.

Act, See various TITLES.

I. COMPLAINT; PARTIES.

mission would go to certain State and there hear testimony in certain cases then pending at issue, and such other cases as may have arisen in that State; suggestion in letter that facts be put in writing and that counsel make diligent effort to bring within smallest possible compass the necessity for oral evidence. 446.

1. Complaint under section 18 must be by petition, stating facts claimed to be a violation of the Act, and verified; as many written or printed copies of the complaint must be presented as there may be respondents; names and addresses must be set forth and indorsed upon the writ; and a copy is to be served upon each respondent by mail or personally with notice, to satisfy the complaint or answer within time specified. Rule 4, Appen-mission, 73. dix I, 841.

2. Application for exception under Act will only be granted after investigation upon verified petition. 15; Re Southern Pac. R. R. Co. 16.

3. Carrier must be made a party where merit of controversy cannot be determined without it. Riddle v. Pittsburgh & L. E. R. Co. 773.

4. To test the reasonableness of a through rate, all the roads responsible for it should be made defendants. Allen v. Louisville, N. A. & C. R. Co. 621.

5. The person aggrieved should complain in his own name; a complaint by a ticket broker having no interest in the transaction will not be entertained. Ottinger v. Southern Pac. R. R. Co. 607.

II. ANSWERS.

15. Orders for suspension must be based upon investigation. Jurisdiction of Com

16. Leave should be granted to withdraw petition when petitioner alleges legality of practice sought to be authorized. Re Export Trade of Boston, 25.

17. If, at hearing, defendant company avows purpose to comply with law, the Commission must act upon the assumption that defendant will do so, until it has evidence that the purpose is not lived up to. Holbrook v. St. Paul, M. & M. R. Co. 323.

18. A motion to dismiss a complaint denied because no notice of motion had been given and the object of the motion was to reach the merits of the case and to have them passed upon summarily instead of at final hearing. Associated Wholesale Grocers v. Missouri P. R. Co. 321.

19. Where after the examination of the evidence upon a complaint charging unjust discrimination and unlawful preference in tariff of rates, but before the announcement of the opinion, the respondent conceded the relief sought and published a tariff of rates mission only made a report to complete the record of the case. Manufacturers & Job bers Union v. Minneapolis & St. L. R. Co. 630.

6. Answers, verified, must be filed with the Commission within twenty days from notice, unless a shorter time is prescribed, and a copy served upon complainant. Rule 5, Ap-in accordance with the complaint, the Compendix I, 841.

7. If respondent makes satisfaction before answering, the written acknowledgment thereof must be filed and may be set forth in answer; if made after service of answer, a supplemental answer may be filed. Id. 842. 8. Upon failure to answer, the Commission will take proof and make order. Rule 8, Id. 842.

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20. When an important question is raised by the pleadings, but the parties neither by evidence nor by argument supply the Commission with information as to it, it will not be decided. Rice v. Louisville & N. R. Co. 722. BRIEFS AND NOTES.

See COM

Rules of practice. Note, 872.
POLICE REGULATIONS.
MERCE, II, c.
PRACTICE. See PLEADING AND PRAC-
TICE, IV.

RAILROAD COMPANIES. See AGENTS
AND BROKERS; BAGGAGE; BILL OF LAD-

ING; CHARGES AND DISCRIMINATION;
COMMERCE; CONNECTING LINES; LONG
AND SHORT HAUL; PASSENGERS; RATES.
RATES. See CHARGES AND DISCRIMINA-
TION; SCHEDULES.

1. The Commission has no power to make rates generally, but only to determine whether rates imposed by railroads are in con

12. Powers and proceedings of Commission. flict with statute. Thatcher v. Fitchburg R. R. Letter of Chairman Cooley, 408.

13. Practice and proceedings shall be as simple as possible. Associated Wholesale Grocers v. Missouri P. R. Co. 321.

14. Letter of Chairman Cooley in response to communication expressing desire that ComINTER S.

Co. 356; Re Theatrical Rates, 18.

2. But the Commission has power to regulate fares and freights for transportation between different States. Phila. etc. Steamship Co. v. Pennsylvania (U. S. Sup. Ct.) 308.

3. A state statute cannot regulate rates

for interstate commerce. Wabash etc. R. Co. v. People (U. S. Sup. Ct.) 31.

4. Rates should be so relatively reasonable as to protect communities and business against unjust discrimination. Boards of Trade Union v. Chicago, M. & St. P. R. Co. 608.

5. A carrier operating parallel lines, and accepting lower rates on one line, should make corresponding charges on other line. Id.

6. Rates are not to be lower for commercial travelers than for general public. Associated Wholesale Grocers v. Missouri Pacific R. Co. 321, 393; Larrison v. Chicago & Grand Trunk R. Co. 369.

7. Nor for land explorers and settlers. Smith v. Northern Pac. R. Co. 611.

8. But may be reduced for religious teachers and as act of charity. Re Religious

Teachers, 21.

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A discount allowed by a railroad company where consignments of coal in one year shall amount to 30,000 tons or upwards is an unjust discrimination. Providence Coal Co. v. Providence etc. R. R. Co. 363.

REFUSAL TO FURNISH CARS. See CHARGES AND DISCRIMINATION, IV. REHEARING.

The Commission will not order a rehearing involving expenses to parties, unless satisfied that the result might be changed. Riddle v. Pittsburgh & L. E. R. Co. 773. RELIGIOUS TEACHERS.

2. Applications under section 4 (Long and Short Haul section), to be made by verified petition, stating extent of relief desired and points between which authority is asked to charge less. Rule 2, Id.

3. Notice to be published by petitioner in two newspapers along line for ten days prior to presentation of petition, stating nature of relief applied for and time of presentation of application; proof of each publication to be filed with petition. Id.

4. Investigation will be made by Commission at time and place designated, where testimony will be received. Rule 3. Id.

5. Complaint under section 13 must be by verified petition, stating facts claimed to be violation of Act; as many copies of complaint must be presented as there are respond ents; names and addresses of parties must be set forth and indorsed upon writ; and copy is to be served upon each respond. ent, with notice to satisfy complaint or answer within time specified. Rule 4. Id.

6. Answers, verified, must be filed with Commission within twenty days from notice, unless shorter time is prescribed; and copy served upon complainant. Rule 5. Id.

answering, written acknowledgment thereof 7. If respondent makes satisfaction before must be filed and may be set forth in answer; if made after service of answer, supplemental answer may be filed. Id. 842.

8. Carrier deeming complaint insufficient may serve notice for hearing on it without answer; facts stated are admitted. Motion to dismiss for insufficiency may be made at hearing. Rule 6. Id.

9. Adjournment and extension of time is within discretion of Commission. Rule 7. Id.

10. Upon issue being joined, time and place of hearing will be assigned; witnesses examined orally before Commission, except where otherwise ordered; petitioner has burden of proof. Rule 8. Id.

11. Upon failure to answer, the Commission will take proof and make order. Id. 12. Subpenas will be issued by any commissioner and will be required to be obeyed. Rule 9. Id.

13. Depositions may be taken as printed Religious teachers may have reduced rates. by U. S. R. S., §§ 863, 864 without application Re Religious Teachers, 21. to Commission. Rule 9, as amended; Appendix II, 843; 410.

REMOVAL OF CAUSES.

Iowa Act of April 6, 1886, seeking to make right of foreign corporations to transact business in that State dependent upon surrender of right to remove causes to federal courts, is invalid. Barron v. Burnside (U. S. Sup. Ct.) 295.

RIVERS. See NAVIGABLE WATERS.
RULES.

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14. Amendments of pleadings are in discretion of Commission. Rule 10, Appendix I, 842.

be furnished upon payment of expense there15. Copies of petition, opinion, etc., will of. Rule 11. Id.

16. Affidavits may be taken before any officer authorized to administer oath. Rule 12, Id.

BRIEFS AND NOTES. Rules of practice. Note, 872. RULINGS.

1. The Commission will not make any ruling where petitioner alleges legality

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