INDEX.

ABSORPTION.

Under the circumstances stated in the report the Kansas City Southern Railway should give to the complainant the benefit of the $3 switching charge which it absorbs when delivery is made to a connection for switching purposes within the switching limits of Kansas City, although in this case the delivery to the Belt Railway is without such switching limits. Leonard v. K. C. S. Ry. Co. et al. 573.

Local rates to junction points in groups with long haul. Frye & Bruhn et al. v. N. Pac. Ry. Co. et al. 501.

Switching charges. La Salle & Bureau County R. R. Co. v. C. & N. W. Ry. Co. 610.

Johnston & Larimer et al. v. A., T. & S. F. Ry. Co. et al. 388

Switching charges provided in tariff when joint rate above $10. Wellington et al. v. St. L. & S. F. R. R. Co. 534.

ACCOUNTING.

Investigation at instance of a stockholder refused. Manning v. C. & A. R. R. Co. et al. 125.

ACT EFFECTIVE.

Act passed June 29, 1906, postponed by resolution sixty days; effective August 28, 1906.

Cattle Raisers' Asso. of Texas v. M., K. & T. Ry. Co. et al. 418.

Goff-Kirby Coal Co. et al. v. B. & L. E. R. R. Co. 383.

Hussey v. C., R. I. & P. Ry. Co. 366.

ACT TO REGULATE COMMERCE.

Creates a special tribunal with power to determine causes involving a right which long existed at common law to recover for an unreasonable transportation charge. Hussey v. C., R. I. & P. Ry. Co. 366.

ADJACENT.

The word "adjacent," as used in the act to modify the words "foreign country," would seem to mean adjacent in the sense of the possibility of substantial continuity of rails. Lykes S. S. Line v. Commercial Union et al. 310.

This Commission has no jurisdiction as to shipments moving from ports of the United States to a foreign country not adjacent when such shipments are not carried by rail, or by rail and water, from an inland point of origin to a port of transshipment. An inland movement of export or import traffic is a condition precedent to the attaching of jurisdiction. Cosmopolitan Shipping Co. v. Hamburg-American Packet Co. et al. 266.

ADMINISTRATIVE BODY.

This Commission is the creature of statute, and its authority is derived from the act of Congress creating the Commission and the various amendments. Its function is to administer the act to regulate commerce and not to enforce conditions found in Federal or other charters. While a violation of the conditions

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of the acts of Congress granting the rights of way may be grounds for forfeiture,
the remedy is in the courts, as it is not the province of this Commission to
enforce compliance with conditions subsequent found in railroad charters.
Haines v. C., R. I. & P. Ry. Co. et al. 214.

The complaint in this case was filed the day after certain interstate rates
had been suspended for the winter; but it appeared, when the complaint came
on for hearing, that the rates had been restored. Upon objection made that the
Commission was without jurisdiction to proceed except upon a new or amended
complaint; Held, That the point was not well taken; and that, having jurisdic-
tion when the complaint came on to be heard the Commission, being an admin-
istrative body, ought not to delay the hearing upon a purely technical objection
that does not reach the merits of the controversy. Benton Transit Co. v. B. H.-
St. J. Ry. & L. Co. 542.

Act to regulate commerce creates a special administrative tribunal. Hussey .
C., R. I. & P. Ry. Co. 366.

ADVANCES IN RATES.

The increases in the through rates made since defendant's amended answer to
this complaint was filed are unreasonable and unjust. Through route and joint
rates not in excess of the sums of the local rates which were in effect when
such amended answer was made are ordered. Memphis Freight Bureau v. Ft.
S. & W. R. R. Co. et al. 1.

The rates were low before the increase, but having been established after
prolonged negotiations especially for the purpose of permitting complainant to
reach a particular market, and in preference to making a readjustment in some
other direction or territory, and complainant having adjusted its business
thereto, defendants may not by an arbitrary advance in those rates destroy com-
plainant's business, there being no evidence that the rates advanced were less
than the cost of service. New Albany Furniture Co. v. M. J. & K. C. R. R. Co.
et al. 594.

The greater portion of the advance in rates condemned as unreasonable and
unjust under the facts in these cases, and reparation awarded. Id.

Express rates on cream. Reynolds v. Southern Express Co. 536.
Hardwood lumber from Chicago points to Pacific coast terminals. Burgess
et al. v. Transcontinental Freight Bureau et al. 668.

Hardwood lumber from Memphis to New Orleans. Thompson Lumber Co. r.
I. C. R. R. Co. et al. 657.

Increase in cost of operation justifies advance of rates; increase of traffic
requires decrease of rates. Cattle Raisers' Assn. of Texas v. M., K. & T. Ry.
Co. et al. 418.

Detroit Chemical Works r. Nor. Cent. Ry. Co. et al. 357.

Wyman, Partridge & Co. v. B. & M. R. R. et al. 258.

AGENT.

Peculiarly the duty of, to offer reasonable assistance to shippers. In re
Released Rates. 550.

AGREED VALUATION.

If a rate is conditioned upon the shipper's agreeing that the carrier's liabil-
ity shall not exceed a certain specified value, (a) the stipulation is valid when
loss occurs through causes beyond the carrier's control; (b) the stipulation
is valid, even when loss is due to the carrier's negligence, if the shipper has
himself declared the value, expressly or by implication, the carrier accepting
the same in good faith as the real value, and the rate of freight being fixed
in accordance therewith; (c) the stipulation is void as against loss due to

the carrier's negligence or other misconduct if the specified amount does not
purport to be an agreed valuation, but has been fixed arbitrarily by the carrier
without reference to the real value; (d) the stipulation is void as against loss
due to the carrier's negligence or other misconduct if the specified amount,
while purporting to be an agreed valuation, is in fact purely fictitious and
represents an attempt to limit the carrier's liability to an arbitrary amount.
In re Released Rates, 550.

AGRICULTURAL MACHINERY.

Rates on.

Minneapolis Threshing Machine Co. v. C., R. I. & P. Ry. Co. 128.

ALLOWANCES.

When rates are filed and published, carriers must abide thereby. No allow-
ances of any kind not specified in tariffs can lawfully be paid. La Salle &
Bureau County R. R. v. C. & N. W. Ry. Co. 610.

ALL-WATER CARRIAGE.

Congress has not sought to exercise control over it. Cosmopolitan Shipping
Co. v. Hamburg-American Packet Co. et al. 266.

ANTITRUST ACT.

Fixing rates by concerted action leads to more careful scrutiny, but not con-
clusive of the unreasonableness of rates. Railroad Commission of Kentucky
v. L. & N. R. R. Co. et al. 300.

Referred to in pleading. Pittsburg Plate Glass Co. v. P. C. C. & St. L.
Ry. Co. et al. 87.

ARBITRARY.

Central Freight Association territory on all classes from Henderson above
Evansville rates. Railroad Commission of Kentucky v. L. & N. R. R. Co. et
al. 300.

Grain to New England from New York. Banner Milling Co. v. N. Y. C. & H.
R. R. R. Co. 31.

Grain, St. Louis to Texarkana from Little Rock.
St. Louis v. Mo. Pac. Ry. Co. et al. 105.

Traffic Bureau, etc. of

Lincoln Commercial Club v. C., R. I. & P. Ry. Co. et al. 319.
Traffic Bureau etc. v. Mo. Pac. Ry. Co. et al. 11.

BACK HAUL.

To the compress where there is a
origin, the higher rate usually applies.
& S. F. Ry. Co. et al. 187.

BANANAS.

higher rate to destination than from
Chickasaw Compress Co. et al. v. G. C.

Rates on, New Orleans to Memphis. Thompson Lumber Co. v. I. C. R. R.
Co. et al. 657.

Traffic, routes, and rates. Topeka Banana Dealers' Asso. v. St. L. & S. F.
R. R. Co. et al. 620.

BAR.

The bringing of a suit in the United States circuit court for the recovery of
excessive railway charges is not a bar to a subsequent proceeding before this
Commission where that suit was dismissed without prejudice, and for the
reason that the Commission had never passed upon the reasonableness of the
rate involved. Baer Bros. Mercantile Co. v. Mo. Pac. Ry. Co. et al. 329.

A complaint by a voluntary association demanding reparation under general
averments which do not name the members on whose behalf it is filed and do

not with reasonable particularity specify and describe the shipments as to which the complaint is made, does not operate to stop the running of the period of limitation provided in the law; and does not give the members of the association the opportunity subsequently to come in and take advantage of the complaint by proving up their shipments, which would be barred of relief upon separate and individual complaints if then filed by themselves. Mo. & Kan. Shippers' Assn. r. A., T. & S. F. Ry. Co. 411.

BASING RATE.

Rates from eastern destinations to Denver are constructed by adding together rates to the Missouri River and from the Missouri River and applying to the resulting base rate the graduate scale. The rate upon small packages thus obtained is much less than the sum of the locals upon the same package to and from the Missouri River and somewhat less up to 50 pounds in weight. The great majority of packages handled are under 50 pounds; Held, That this method of constructing through rates was not unlawful, for while the rate upon packages weighing 50 pounds and over would be somewhat high, the total result was reasonable. Kindel v. Adams Express Co. et al. 475.

Southern points to Ohio River. Reliance Textile & Dye Works v. Southern Ry. Co. et al. 48.

BEER.

A rate of 45 cents applied to the transportation of beer from Pueblo to Leadville, which is part of a through transportation from St. Louis to Leadville, is excessive; such rate should not exceed 30 cents per 100 pounds. Reparation awarded. Baer Bros. Mercantile Co. v. Mo. Pac. Ry. Co. et al. 329. Mixed carloads with mineral water. Milwaukee-Waukesha Brewing Co. v. C., M. & St. P. Ry. Co. et al. 28.

BILL OF LADING.

It is a mischievous practice for carriers to publish in their tariffs and on their bills of lading rules and regulations which are misleading, unreasonable, or incapable of literal enforcement in a court of law. In re Released Rates. 550.

The defendants advanced their through rates from eastern points to Chicago and Minneapolis 3 cents per 100 pounds on first class and 13 cents on Rule 25, etc., and these new rates included the cost of marine insurance. The bill of lading issued did not show definitely the rights of the shippers thereunder; Held, That the advanced rates are unreasonable and should be reduced unless the carriers issue bills of lading making them responsible for loss by perils of the sea. Wyman, Partridge & Co. et al. v. B. & M. R. R. et al. 258.

Exhibit as shipping receipt. Leonard v. K. C. S. Ry. Co. et al. 573. Local waybill. Baer Bros. Mercantile Co. v. Mo. Pac. Ry. Co. et al. 329. Manipulation of billing in reshipment. Traffic Bureau, etc., of St. Louis v. Mo. Pac. Ry. Co. et al. 105.

Provisions of, should be fair and unambiguous and free from suspicion of illegality. In re Released Rates. 550.

State road, by giving through billing, becomes an interstate carrier. Cosmopolitan Shipping Co. v. Hamburg-American Packet Co. et al. 266.

Weights, failure to correct billing after ascertaining actual weights. Romona Oolitic Stone Co. v. Vandalia R. R. Co. 115.

BIRCH.

Value and rates to Pacific coast. Burgess et al. v. Transcontinental Freight