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2. The Commission can not construe the Act before violation thereof charged. Re Order of Railway Conductors, 18; Re The-ple atrical Rates, 18; Re Inmates of Nat. Homes, 73, 75.

of practice sought to be authorized. Re❘ States is interstate commerce, and State Export Trade of Boston, 25. has no authority to regulate same. Western Union Tel. Co. v. Pendleton (U. S. Sup. Ct.) 306. S. P. cited in Wabash etc. R. Co. v. Peo (U. S. Sup. Ct.) 37.

SCHEDULES.

1. When purposes of Act seem to be fully accomplished by rate sheets as printed, and no one complains. Commission may not feel inclined to interfere on its own motion where sheets are printed in smaller type than prescribed by Act. Re Rate Sheets, 316.

2. Any one member of a joint combination may file copies of joint tariff for all the members. 76.

3. Neglect to publish rates for milage tickets is violation of Act. Larrison v. Chicago etc. R. R. Co. 369.

SERVANTS. See EMPLOYEES.
SESSIONS. See RULES OF COURT, 1.
SETTLERS.

Land explorers and settlers are not entitled

to lower rates than the general public.

Smith v. Northern Pac, R. R. Co. 611.
SHIPPING FACILITIES. See CHARGES
AND DISCRIMINATION, IV, V.
SHIPS AND SHIPPING.

MERCE, 17, 26.

4. On application charging discrimination in 4. Complaint alleging violation of secton 6. favor of New York, in rates to Chicago, as Plummer v. Union Pac. R. Co. 596. against Boston. Re Export Trade of Boston, 18, 23.

SLEEPING CARS.

A state tax upon sleeping cars of a company, used in carrying passengers into and out of the State, is void as a regulation of interstate commerce. Indiana v. Woodruff Sleeping & Parlor Coach Co. (Ind. Sup. Ct.) 798; S. P. cited in Wabash etc. R. Co. v. People (U. S. Sup. Ct.) 31. SPECIAL LAWS. See CONSTITUTIONAL LAW.

STATE. See COMMERCE, II.

STATIONS. See DEPOTS.
STATISTICS.

TISTICS.
STATUTES. See ACT TO REGULATE COM-
MERCE; CONSTITUTIONAL LAW.

The Interstate Commerce Act does not afford a remedy for transactions occurring before it took effect. Ottinger v. Southern Pac. R. Co. 607.

See DEPARTMENT OF STA

2. Indiana Statute regulating mode in which messages sent by telegraph companies, doing business in that State, shall be delivered in other States, is void, as an interference with interstate commerce. Western U. Tel. Co. v. Pendleton (U. S. Sup. Ct.) 306.

TESTIMONY.

1. In matter of various petitions for suspension of section 4 in proceedings at Atlanta, Georgia. 76.

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2. In proceedings at Mobile, 136; at New Orleans, 179; at Memphis, 213.

3. In Boston & Albany R. R. Co. v. Boston & Lowell R. R. Co. 500.

See COм- cars. Re Thatcher, 317.

5. In proceeding against Providence & Worcester Railroad Company for discrimination. Providence Coal Co. v. Providence etc. R. R. Co. 316.

road Company for unlawful preference in inter6. In proceeding against Pennsylvania Railchange of passengers at Chicago. Chicago & Alton R. R. Co. v. Pennsylvania R. R. Co. 293.

7. On petition charging refusal to furnish

8. On complaint against Western & Atlantic Railroad Company for damages for forcible ejectment from first class car of colored man holding first class ticket. Councill v. Western etc. R. R. Co. 355.

THEATRICAL RATES.

The Commmission will not say in advance of violation of Act what rates company shall make for any class or organization of persons. Re Theatrical Rates, 18.

TICKETS.

1. Carriers may continue issuance of milage passenger tickets at reasonable prices, free from discrimination. Larrison v. Chicago etc. R. Co. 369.

2. Neglect to publish rates for milage tickets is violation of Act. ld.

4. A sale of milage tickets to commercial travelers at a lower rate than to other passengers is an unjust discrimination. Id; Larrison v. Chicago etc. R. R. Co. 369.

SUBPENA. See RULES, 12. SUSPENSION OF LONG AND SHORT HAUL SECTION (4). travelers is not a good consideration for such 5. A release of liability by commercial discrimination. Id.

See LONG AND SHORT HAUL.

3. Twenty-five dollars per 1,000 miles is not an unreasonable rate for milage ticket. Associated Wholesale Grocers v. Missouri Pac. R. R. Co. 393.

6. Rate at which excursion or commutation tickets are sold does not entitle milage ticket purchaser to complain of unjust discrimination if charged a higher rate. A880ciated Wholesale Grocers v. Missouri Pac. R. R. Co. 393.

7. The Act does not require one company 4. A carrier may make special rates with to sell through tickets over road of an- individuals to enable the latter to make proother. Chicago etc. R. R. Co. v. Pennsylva-posals to the Interior Department for transpornia Co. 357. tation of Indian supplies, such transportation being for the United States. Re Indian

See CHARGES AND Supplies, 22.

UNDERBILLING.
DISCRIMINATION, 44-48.

UNITED STATES.

1. United States may condemn land within State without consent of State. Stockton v. Baltimore etc. R. R. Co. (U. S. C. Ct. N. J.)

411.

USAGE. See CUSTOM AND USAGE.
WAREHOUSEMAN. See COMMERCE, 28.
WATERS AND WATERCOURSES.

See NAVIGABLE WATERS.

2. Fish and eggs, distributed by the United

States Commission of Fish and Fisher- WHARFAGE. See COMMERCE, 18-21. ies, are entitled to free transportation. Re United States Commission of Fish and Fisheries, 606.

3. In the absence of an actual case, the Commission will not pass upon the question of passes to the United States Fish Commission.

Id.
INTER S.

WITNESS.

Subpenas will be issued by any commissioner and will be required to be obeyed. Rule 9, Appendix I, 842.

END OF VOLUME I.

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