Railroads shall maintain and operate. Switches, spurs, and sidetracks... Tariffs. (See Printing, posting, and filing of schedules; Schedules.) Depositions Timber and products excepted from "commodity" clause.. Transportation subject to the act. "Transportation," what the term includes. Undue preference or advantage forbidden... Witnesses-Compulsory testimony of (see Compulsory testimony): Fees before Commission. for deposition.. in courts Immunity of.. 3 17 10 .4, 12 12 4 19 3 3 5 5 14 7 8 15 10 .10, 12, 13 .8, 10, 14, 22, 24, 25 DIGEST OF DECISIONS. ABATEMENT. Death of party sentenced to pay fine before fine paid, abatement of proceedings, see "Criminal prosecution," 79, 80. ABSORPTION OF CHARGES. See "Charges," charges," 4. Absorbing or diminishing local or proportional rate to milling point, see Transit privileges," 24. Discontinuance of practice of absorbing charge, and resumption of such practice, as evidence that charge was unreasonable, see "Terminal charges, '' 18. Terminal charge, absorption of, under stress of competition, see "Terminal charges," 8, 9. 3; "Reconsignment ABSTRACT QUESTIONS. See "Procedure,'' 61-63. ACCOUNTING. Demurrage charges, Act applies to, see "Demurrage charges. Injunction to restrain violation of Act, see 'Injunction.' Mileage, excursion or commutation tickets, subject to general provisions of Act, see "Tickets," 14-47. 2. Reconsignment charges, when subject to Act, see "Reconsignment charges, Reconsignment charges, when not subject to Act, see "Reconsignment charges," 3. Subpoena duces tecum to compel, will be Recovery of damages under Act, see denied, see "Evidence," 6. ACT IN RELATION TO TESTI MONY. Immunity afforded witness, see "Evidence," 18-21. ACT TO REGULATE COM- 1. SCOPE AND PURPOSE OF ACT, 1-22. II. CONSTRUCTION OF ACT, 23-31. III. WHEN ACT BECAME EFFECTIVE, 32. See "Anti-trust act;" "Elkins act;" "Expedition act; "Interstate com "Reparation." Refrigeration charges, subject to jurisdietion of Commission, see "Refrigeration charges. Refusal of Commission to construe Act upon ex parte application, see "Procedure," 61-63. Sections construed, see "Sections." Stable-car company, when subject to Act, see "Stable-car company." Statutes in conflict with Act, see "State statutes."' Terminal charges, when subject to jurisdiction of Commission, see "Terminal charges." Through route, when established, becomes subject to Act, see "Through routes." Transportation, what transportation subject to Act and what not subject to Act, see "Transportation. I. SCOPE AND PURPOSE OF ACT. 1003, 1014. Interstate Commerce Commission v. Baltimore & O. Rd. Co., (1892) 145 IN GENERAL, 1-5. CASES INVOLVING INDIRECT INJURY TO U. S. 263, 276, 12 Sup. Ct. R. 844, 36 L. PUBLIC, 6. PRE-EXISTING TRANSACTIONS, 7. WITH RESPECT TO RIGHTS OR REMEDIES WITH RESPECT TO RIGHT OF CARRIER SPECIAL CONTRACTS WITH SHIP- Ed. 699. Cases involving indirect injury to public. 6. The provisions of the Act apply not only to cases of direct injury to particular persons, but also to cases involving indirect injury to the public.-Re Export and Domestic Rates on Grain, (1899) 8 I. C. C. R. 214. WITH RESPECT TO DIFFERENCES BE- Preëxisting transactions. TWEEN FINANCIAL OR BUSINESS CON- 1. That which the Act does not declare unlawful remains lawful if it was so before the Act was adopted.-Re Petition of Louisville & N. Rd. Co., (1887) 1 I. C. C. R. 31, 1 I. C. R. 278. 2. That which the Act does not declare unlawful remains lawful if it was so before the law was enacted, and that which it fails to forbid the carrier is left at liberty to do without permission of any one.-Brewer v. Central of Georgia Ry. Co. et al., (1898) 4 Fed. Rep. 258, 261. 3. The Act, as construed by the courts, neither lays a tax or duty on articles exported from any state, nor gives a prefer ence to the ports of one state over those of another, within the meaning of paragraph 5 of section 9 of article 1 of the constitution.-Armour Packing Co. United States, (1907) 153 Fed. Rep. 1, C. C. A. V. 4. The purpose of the Act is to promote and facilitate commerce by the adoption of regulations to make charges for transportation just and reasonable, and to forbid undue and unreasonable preferences or discriminations.-Texas & Pacific Ry Co. v. Interstate Commerce Commission, (1896) 162 U. S. 197, 16 Sup. Ct. R. 666, 40 L. Ed. 940. 7. The Act to Regulate Commerce held not to afford a remedy for transactions which occurred before it took effect.Ottinger v. Southern Pac. Co., (1887) 1 I. C. C. R. 144, 1 I. C. R. 607. With respect to rights or remedies existing at time Act took effect. 8. The special remedies afforded by the Act were intended to supplement and not supplant those existing at the time of its enactment.-Tift v. Southern Ry. Co. et al., (1903) 123 Fed. Rep. 789, 792. 9. It was not intended by the Interstate Commerce Act to abbreviate the plenary jurisdiction of the Federal courts to entertain all controversies arising under an act of congress, either at law or equity, Act were intended as merely supplementary but the special remedies afforded by the to the ordinary remedies existing under the judiciary act.-Little Rock & M. Rd. Co. v. East Tennessee, V. & G. Rd. Co. et al., (1891) 47 Fed. Rep. 771. 10. The principles of the common law are operative upon all interstate commercial transactions, except so far as those principles are modified by Congressional Call Pub. Co., (1901) 181 U. S. 92, 21 Sup. Ct. R. 561, 45 L. Ed. 765. Davis v. Chicago, M. & St. P. Ry. Co., (1896) 93 Wis. 470, 67 N. W. 16, 33 L. R. A. 654. enactment.-Western Union Tel. Co. v. 11. The obligations assumed by a common carrier engaged in interstate commerce are governed by the rules of the Commerce Act.-Murray v. Chicago & N. common law, as modified by the Interstate W. Ry. Co., (1894) 62 Fed. Rep. 24; affirmed, 92 Fed. Rep. 868, 35 C. C. A. 62. With respect to right of carrier to control or manage its own affairs. 5. The principal objects of the Act were to secure just and reasonable charges for transportation; to prohibit unjust discriminations in the rendition of like service under similar circumstances and conditions; to prevent undue or unreasonable preference to persons, corporations, or 12. The Act does not divest a railroad localities; to inhibit greater compensation company of the exclusive right to control for a shorter than for a longer distance its own internal affairs.-Chicago & A. Rd. over the same line; and to abolish com- Co. v. Pennsylvania Rd. Co., (1887) 1 binations for the pooling of freight.-I. C. C. R. 86, 1 I. C. R. 357. Interstate Commerce Commission v. Chi- 13. The Act does not seek to interfere eago G. W. Ry. Co., (1905) 141 Fed. Rep. with the business operations of carriers, |