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 721 of the acts of Congress granting the rights of way may be grounds for forfeiture, The complaint in this case was filed the day after certain interstate rates Act to regulate commerce creates a special administrative tribunal. Hussey . ADVANCES IN RATES. The increases in the through rates made since defendant's amended answer to The rates were low before the increase, but having been established after The greater portion of the advance in rates condemned as unreasonable and Express rates on cream. Reynolds v. Southern Express Co. 536. Hardwood lumber from Memphis to New Orleans. Thompson Lumber Co. r. Increase in cost of operation justifies advance of rates; increase of traffic 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 AGREED VALUATION. If a rate is conditioned upon the shipper's agreeing that the carrier's liabil- the carrier's negligence or other misconduct if the specified amount does not 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- ALL-WATER CARRIAGE. Congress has not sought to exercise control over it. Cosmopolitan Shipping ANTITRUST ACT. Fixing rates by concerted action leads to more careful scrutiny, but not con- Referred to in pleading. Pittsburg Plate Glass Co. v. P. C. C. & St. L. ARBITRARY. Central Freight Association territory on all classes from Henderson above Grain to New England from New York. Banner Milling Co. v. N. Y. C. & H. Grain, St. Louis to Texarkana from Little Rock. Traffic Bureau, etc. of Lincoln Commercial Club v. C., R. I. & P. Ry. Co. et al. 319. BACK HAUL. To the compress where there is a BANANAS. higher rate to destination than from Rates on, New Orleans to Memphis. Thompson Lumber Co. v. I. C. R. R. Traffic, routes, and rates. Topeka Banana Dealers' Asso. v. St. L. & S. F. BAR. The bringing of a suit in the United States circuit court for the recovery of A complaint by a voluntary association demanding reparation under general 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 |