[References are to sections]

DEPRECIATION-continued

fair per cent should be allowed, 1166.

full allowance still begrudged, 1167.

authorities refusing to allow depreciation, 1168.

capitalization of past depreciation, 1170.
amortization of franchise rights, 1173.

DESTITUTION

as excuse for remitting charges, 1305.

DEVIATION

See DISCRIMINATION

1. What Constitutes Deviation

usual course of performing service, 905.
intermeddling is not conversion, 905.
performance in unauthorized manner, 906.
change in the route designated, 905.
unusual means of conveyance, 905.
water instead of by rail, 906.

bulk broken instead of through transportation, 906.
position different from the directions given, 906.

goods shipped before the time agreed, 906.

by rail instead of by water, 906.

steamship instead of sailing vessel, 906.

deviation to transship, 906.

outside route rather than an inside route, 906.

by sea instead of canal, 906.

transportation over wrong route, 907.

specified destination by an indirect route, 907.

2. Excuses for Deviation

if line designated is dangerous, 907.

utilizing another connection, 907.

fair choice of routes, 907.

interruption by natural forces, 909.

change ordered by governmental authority, 910.

avoidance of dangerous territory, 911.

route blocked by strike, 912.

accountable for any deviation, 900.

absolute liability the result of deviation, 921.
essential change by deviation, 908.

[References are to sections]

DEVIATION-continued

deviation apparently constitutes conversion, 908.

absolutely liable for loss throughout the entire transit, 908.

absolute liability of special contract, 922.

duty to forward by some other connection if one is available, 952.
deviation not obligatory, 272.

DISCRIMINATION BETWEEN PATRONS

1. Development of the Rule

evolution of the rule, 1281.

no law originally against discrimination, 1282.
later rule against unreasonable differences, 1283.
special rates may not be discriminatory, 1284.
exclusiveness once held indispensable, 1285.
discrimination as evidence of unreasonable rates, 1286.
complainant charged more than regular rates, 1287.
others charged less than regular rates, 1288.

outright discrimination now universally condemned, 1289.
necessity for the rule against discrimination, 1291.

[References are to sections]

DISCRIMINATION BETWEEN PATRONS-continued
discrimination inconsistent with public duty, 1292.
rule universal in public service, 1300.

modern law against all discrimination, 1290.

2. What Concessions Are Discriminatory

what constitutes illegal discrimination, 1310.
what amounts to a rebate, 1293.
sanctity of the scheduled rate, 1294.
explanation of this policy, 1295.

decisions inconsistent with this policy, 1296.
continuing contracts no justification, 1297.
executed contracts on a different basis, 1298.
giving free passes discrimination, 1301.

statutory exceptions usually made, 1302.

rule not limited to discrimination between competitors, 1299.
reductions for charitable purposes, 1303.

concessions for government business, 1304.

reductions for general classes, 1305.

no obligations to grant such concessions, 1306.

3. Concessions to Get Competitive Business

competitive conditions no justification, 1312.
concessions to get outside business, 1313.

rebating to get business illegal, 1314.

competitive rates for through business, 1315.

additional services performed for certain customers, 1316.
customers induced to make expensive preparations, 1317.

4. Concessions to Large Customers

such concessions often made, 1318.

unreasonable differences universally forbidden, 1319.

reasonable differences sometimes permitted, 1320.

authority for such differentials, 1321.

prevalent doctrine against such concessions, 1322.

services to large and small customers practically identical, 1323.

company need not grant reductions, 1324.

5. Rebates to Exclusive Customers

whether exclusive policies may be adopted, 1325.

such discriminations foster monopolies, 1326.

customers at rival line charged more than others, 1327.

lower rates to exclusive customers sometimes permitted, 1328.

comparison of these cases, 1329.

customers contracting for large amounts, 1330.

[References are to sections]

DISCRIMINATION BETWEEN PATRONS―continued
customers under exclusive contract, 1331.

6. Concessions for Special Kinds of Business
different rates for service differently employed, 1332.
such rates allowed by some cases, 1333.

coal for manufacturers and for dealers, 1333.
modern repudiation of this doctrine, 1334.
timber for furniture makers, 1334.
supply put to different uses, 1335.
water rates for manufacturers, 1335.
discrimination in such supply, 1336.
gas for heating or for light, 1336.

different rates for commodities of same character, 1337.
7. Differences in Cost of Service

actual differences in the cost, 1342.

economies in passenger transportation, 1343.
economies in freight transportation, 1344.

different charges for different service, 1345.
differences in the nature of the service, 1346.

both rates must be open to all, 1347.

commodities carried of different character, 1337.
supply under different conditions, 1338.

8. Service in More Convenient Units

shipment in car-loads, 1348.

shipments made in bulk, 1349.

comparison of bulk and package rates, 1350.

shipments in train loads, 1351.

regular shipments in large units, 1352.

units in passenger service, 1353.

operating units in supply service, 1354.

such reductions for larger units apparently discriminatory, 1355.
9. Facilities Furnished by Customers

terminal facilities furnished by shippers, 1356.

proportionate allowance not discrimination, 1337.
transportation expenses paid by shipper, 1357.
rental paid for shippers' cars, 1358.

only reasonable compensation permissible, 1358.
allowances for facilities closely scrutinized, 1359.

whether too advantageous terms are being obtained, 1359.

allowances for facilities still permissible, 1360.

charging only certain shippers demurrage, 1359.

[References are to sections]

DISCRIMINATION BETWEEN PATRONS-continued
allowances which are not scheduled, 1359.
10. Independent Consideration for Reductions
various considerations given for reductions, 1361.
indefinite considerations now thought dangerous, 1362.
reductions for services rendered, 1363.

continuing obligations for past consideration, 1364.
special concessions to its customers, 1365.
rates adopted to foster its interests, 1366.

DISCRIMINATION BETWEEN SERVICES

essential illegality of relative discrimination, 1370.
1. Discrimination Between Services Rendered
discrimination not involved in requiring some to pay,
discrimination by requiring some to deposit, 435.
discrimination between connecting carriers, 524.
need not pro rate on same terms, 533.
discrimination in separating passengers, 881.
better cars assigned to white passengers, 1280.
discrimination in delivering telegraph poles, 260.
discrimination between freights accepted, 270.
discrimination between products, 254.

435.

discrimination between particular classes of customers, 420.
2. Discrimination Between Localities Served

unjust rates between localities, 1371.
community as such cannot complain, 1371.
evidence of disproportionate charging, 1372.
weight to be given to such evidence, 1372.
evidentiary bearing as to unreasonableness, 1372.
evidence as to the rates charged elsewhere, 1372.
railroad rates not upon a mileage basis, 1373.
no dependence upon a mileage basis, 1373.

long haul relatively cheaper than short haul, 1373.
less expensive terminals, 1373.

volumes of low grade freights, 1373.

3. Undue Preference and Priority

what constitutes undue preference, 1378.

fair interest of the carrier, 1377.

situation and circumstances of the respective customers, 1377.

undue and unjust preference or priority, 1377.

prejudice is not illegal unless it is undue, 1377.