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See Burton Stock Car Co. v. Chicago, B. & Q. R. Co. 329.
FOURTH SECTION. See LONG AND
FREE PASSES. See PASSES.
HEARING. See CONTINUANCE AND AD-
2. Final hearings shall be had forthwith without dilatory motions, etc. Associated Wholesale Grocers v. Missouri Pac. R. Co. 321
3. Upon failure of complainant to appear at hearing, complaint will be dismissed. Jackson v. St. Louis, A. & T. R. Co. 599. IMMIGRATION. See COMMERCE, 42. INSURANCE. See COMMERCE, 30. INTERCHANGE OF TRAFFIC. CHARGES AND DISCRIMINATION, V. INTERSTATE COMMERCE. See COM
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.
FYING GREATER CHARGE FOR LESSER
INTERSTATE COMMERCE ACT.
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.
LONG AND SHORT HAUL.
I. GENERAL RULES; CIRCUMSTANCES JUSTI-
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.
II. SUSPENSION OF FOURTH SECTION.
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.
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.
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.
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 in
2. Conveyed in Burton stock cars, rates for.dustry; nor that it is designed to build up trade
centers; nor that the lesser charge for the longer haul is merely a continuation of favorable rates under which trade centers or industries have
been built up. Re Southern R. & Steamship
25. The cases in which the Commission is
12. The fact that long haul traffic will only bear certain rates is not reason for car-authorized to make orders for suspension of rying it for less than cost at expense of other operation of Act are exceptional. Id. 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.
20. Where several companies join in joint tariff, those making greater charges must justify it. Id.
II. SUSPENSION OF FOURTH SECTION. 24. Order for suspension must be based upsion, 73. on investigation. Jurisdiction of Commis
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, Appeti-pendix I, 841.
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.
26. Mere probability that injury will result will not authorize Commission to direct suspension. Id.
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.
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.
32. Notice must be published by petitioner in not less than two newspapers along the line for at least ten days prior to presentation of
21. Defendant companies permitting through business to be done over their tracks, by the National Despatch Line, are respon-petition, stating nature of relief applied for and sible for long haul rates. ld. time of presentation of application; proof of each publication must be filed with petition. Id.; Rule 2, Appendix I, 841.
31. Application for exceptions under Act will on.y be granted after investigation upon verified petition. Re Southern Pac. R. R. Co. 16.
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.
BRIEFS AND Notes.
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. Ex parte Koehler (U. S. C. Ct.) 319.
BRIEFS AND NOTES.
Expressio unius est exclusio alterius. (U. S. class car, less clean and comfortable. C. Ct. N. J.) 416.
Missionaries may have reduced rates. Re
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.
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.
1. Hearing of complaint of people of Hot Springs, N.C., against the Western, North Car olina Railroad Company for overcharge in 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 withfull settlement for overcharges was shown by respondent. Stahl v. Oregon R. & Nav. Co.
PARALLEL LINES. See CHARGES AND
| PARTIES. See PLEADING AND PRACTICE, 1.
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 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.
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. See PLEADING AND PRAC
Pilotage regulations are susceptible of state
NEGROES. See COLORED PERSONS.
BRIEFS AND NOTES.
OATH. See AFFIDAVITS.
I. COMPLAINT; PARTIES.
1. Complaint under section 13 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.
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.
9. Pleadings may be amended in discretion of Commission. Rule 10, Appendix I, 842.
10. Practice of the Commission in allowing amendments is to be limited under rules of law; amendments to complaint, introducing new charges, not allowed. Riddle v.
Baltimore & O. R. R. Co. 701.
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.
19. Where after the examination of the evidence upon a complaint charging unjust dis crimination and unlawful preference in tariff 6. Answers, verified, must be filed with of rates, but before the announcement of the the Commission within twenty days from opinion, the respondent conceded the notice, unless a shorter time is prescribed, and relief sought and published a tariff of rates a copy served upon complainant. Rule 5, Ap-in accordance with the complaint, the Compendix I, 841. mission only made a report to complete the record of the case. Manufacturers & Job bers Union v. Minneapolis & St. L. R. Co. 630.
11. Complaint against railroad company stating that it had been previously in the hands of a receiver who was now president, was allowed to be amended so as to show exist. ence of receivership which it appeared on hearing was still in existence. Reynolds v. Western New York &. P. R. Co. 685.
15. Orders for suspension must be based upon investigation. Jurisdiction of Com
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.
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 Associated Wholesale Grocers v. Mishearing. souri P. R. Co. 321.
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.
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. 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
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.
1. Sessions of Commission held Washington No. 1315 F. St. northwest, at 11 o'clock, daily, except Saturdays and Sundays. When special sessions are held elsewhere, necessary regulations will be made. Rule 1, Appendix I, 841.
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 respondents; names and addresses of parties must be set forth and indorsed upon writ; and copy is to be served upon each respondent, 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 if made after service of answer, supplemust be filed and may be set forth in answer; mental 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. 1d.
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; ApREMOVAL OF CAUSES. pendix II, 843; 410.
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.
1. The Commission will not make any ruling where petitioner alleges legality