CARRIERS-Continued. [References are to pages.] Duty to make annual, monthly and special reports to Interstate Commerce Foreign, when subject to Interstate Commerce Act, 596, 597. Initial carrier may contract against liability for loss or damage not Liability on contracts of shipments subject to what regulation, 379-382, Local carrier, when subject to Interstate Commerce Act, 596-598. May be compelled to perform service, 44-46, 539. May be required to keep accounts by states, when, 59-61. May not, with certain exceptions, transport commodities in which they Must file contracts relating to transportation, 715, 716, 843, 844. Must keep accounts as prescribed by Interstate Commerce Commission, Must publish tariffs of rates, 704-706, 715-717. Must specify parties to tariffs, 715. Must transport at reasonable rates, 616. Must transport without unjust discrimination or undue preference, 647, 648, National system must be adopted by, 305-307. Pipe lines, subject to Interstate Commerce Act, 148-150, 596-598. Right to regulate an ancient one, 73, 84, 85. Water carriers, regulation of, 252, 398-400, 700-705. What carriers included in Interstate Commerce Act, 148-150, 596-598. CARS. Breaking seals of, when and how punished, 587. Danger of shippers owning, 288, 289. Delivery of on private switch, 26-30, 636, 637. Distribution of, 151. Furnishing, 52, 53, 57-59, 151, 341-346, 407. Must be furnished without discrimination, 341-346. Peddler Cars, 287, 288. Pool of advisable, 289. Principle applied in determining duty to furnish, 52, 53, 57-59. Service regulated, 638, 641, 642. Special kinds of, cannot be required to be furnished, 343. States may require passenger cars to be heated, 66, 67. Trap cars, 286, 287. Validity of state laws requiring cars to be furnished, 52-59. What a reasonable rule for distribution of, an administrative question, 341. CAR SERVICE. [References are to pages.] Agents to direct, Commission may appoint, 641. Compensation and penalties concerning, fixed by Commission, 640, 641. Directions concerning may be given by Commission, 639, 640. Filing of rules and regulations concerning, Commission may order, 639, 640. Pooling freights, provision against, not violated by Commission's orders Rules and regulations, incorporated in schedules, 639, 640. Rules, regulations and practices to be just and reasonable, 639. Suspension of rules by Commission, 640. CHILD LABOR. Attempt to prevent by taxation, 587. Federal statute prohibiting held void, 587. CLAIMS FOR LOSS, DAMAGE OR OVERCHARGE. State laws prescribing penalties for failure to pay, 382-384. CLASSIFICATION. A public function, 172, 322. Class rates, 173, 174. Commission may prescribe, 323, 324, 786-789. Consolidation of three major freight classifications, 174. Duty of carriers with reference to, 627-629. Elements of valuation, Commission may determine, 850-852. By carrier, misdemeanor, 765, 766. By shipper, fraud, declared a misdemeanor, 766-768. Must be just and reasonable, 627-629. Necessity of, in rate making, 85, 86, 170-173. Of property of carriers for valuation, 850-852. Of telegraph and telephone messages, 627. Principles of, 172, 319-322. Power of Interstate Commerce Commission over, 323, 324, 795. Printing and posting, 705, 706. Rate making, necessary to, 85, 170-173. Reasonable, possible, 171. Shipping Act, 1047. Southern, 174, 323. Supplements the rule that cost of service must be considered in making rates, 182. Uniform, efforts to make, 322, 323. Uniform, needed, 172, 322. Western, 174, 323. [References are to pages.] CLASS RATES. Defined, 173, 174. Discussed, 173, 174. CLAYTON ANTI-TRUST ACT. Application to carriers, 582, 700. COAL. Entitled to a relatively low rate, 198, 199. COMMERCE. Act to regulate, constitutional, 138-142, 598. All subject to regulation, 14, 15. Defined, 3, 4. Discussed only in its relation to interstate transportation, 2. Insurance is not, 5. Interstate, defined, 3, 4. Power of Congress over, 5-8, 55, 596-598. Power of Congress to regulate interstate, plenary, 5-8, 55, 129-132. Teaching by correspondence, is, 4. Telegraph business is, 5, 596. COMMERCE CLAUSE. Copied, 2. Limitation of power of States, 5-8, 12-14. Power of Congress under, plenary, 5-8, 55. Source of power of Congress, 2. COMMERCE COURT. Acting creating, 918-927. Abolished, 927, 928. Jurisdiction of, 918-927. Jurisdiction transferred to District Court, 927, 928. Pending suits transferred, 927, 928. COMMISSION. Act creating, constitutional, 138-142, 598. Address of, 525. Administrative functions, 392, 393. Appointment and duties, 393, 394, 769-771, 905, 906. Cannot act without full hearing, 448, 557-559, 781, 782, 803, 804. Carriers must report to, 141, 456-458, 856-858. Courts of United States may enforce orders of, 446, 533-540, 543-545. Damages, may award, 416-431, 741, 742. Divisions of, may determine cases, 848. Duties with reference to schedules of rates, 412, 704-716. Effect to be given by courts to orders of, 452, 453. Effect to be given by courts on orders of reparation, 568-572, 833, 834. Enumeration of powers, not exeulsive, 451, 452, 815. Flexible limit of judgment, may exercise, 258. Force of orders, 452, 453, 557. Forms of procedure prescribed by, 526-531. General powers of, 160-162, 769, 770. COMMISSION-Continued. [References are to pages.] Has power to make regulations, which carriers must obey, 447-449, 769, Investigations by, 160-162, 442-444, 471, 472, 479, 480, 781, 782, 803, 804. May employ attorneys, 453, 842. May fix divisions of joint rates, 402, 403, 801, 802. May grant rehearings, 486, 489, 515, 516, 844, 845, 848. May invoke aid of courts of United States to enforce Interstate Com- May make investigations without complaint, 164, 442-444, 471, 472, 479, May prescribe rates, rules and practices for the future, 447, 448, 786, 787. May suspend or modify its own orders, 453, 793, 794, 840, 841. Must make annual reports to Congress, 394, 897. No jurisdiction to award damages or set-off against shipper, 415. Not a court of law, 392, 393, 463. Office of, 456, 525, 850, 851. Official seal of, 486, 846. Orders of effective, when, 793, 794. Orders of, how served, 486, 840. Orders of, negative, 552-556. Orders of, set aside, for what reasons, 448, 552, 559, 793, 794. Outlook of, broad, 562, 563, 566, 567. Powers of, 160-162, 394, 451, 452, 769, 770. Powers of, extend to all carriers and activities, 458. Power to make a valuation of railroads, 393, 454-456, 487, 851-857. Power to prescribe rates, rules and regulations for the future, 447, 448, 786, 787. Power to relieve from long-and-short haul clause, 464-466, 692, 693. Power to suspend increase in rates, 137, 138, 480, 481, 803-807. Principal office of, 456, 525, 850, 851. Procedure not technical, 263, 264, 471, 472. Procedure of, 472, 489-623. Punishment for disobedience to orders of, 841. Rehearing before whole commission, 848, 849. Reports on investigations, 784-786. Reports to Congress by, 394, 897. Records of, evidence, 453, 454, 784, 785. Rules of procedure copied, 489-623. Rules of procedure prescribed by, 472, 473. Salaries and expenses of, 849, 850, 905, 906. Service of orders of, 486, 840. Sessions public, 489, 490. Suits against to be expedited, 917, 918. Suspend increase in rates, 137, 138, 480, 481, 803-807. COMMISSION-Continued. [References are to pages.] Technicalities, not bound by, 263, 264, 471, 472. When can compel attendance of witnesses, 442-444, 774, 775. Who may make complaints before, 776-781, 783. Who prosecutes for violations of orders of, 841, 842. See also titles TRANSPORTATION ACT, 1920, ACTS TO REGULATE COMMODITIES CLAUSE. Annotated, 634-636. As stated by Supreme Court, 339-341. Discussion of, by Interstate Commerce Commission, 634-636. Evils sought to be remedied by, 338, 339. Illegal before statute for a carrier to transport commodities owned by it at less than published rate, 338, 635. Substance of transaction and not form controls, 339, 635. Valid as construed, 339, 635. Violation of, may be enjoined, 339. COMMODITIES, VALUE OF. An important fact in determining the reasonableness of rates thereon, Different rates on the raw and the manufactured product, 199, 200. Rates differing because of different valuations unlawful unless authorized, COMMODITY RATES. Defined, 173-176. Discussed, 173-176. Tendency to relate commodity rates to first-class rates discussed, 174, 175. Complaints by, 776-780, 783. Defined, 608, 609, 892, 1033. Duty to observe and comply with orders of Interstate Commerce Commis- sion, 763, 764. Regulation of by laws of Hamurabi, 72, 73. Regulated whether incorporated or not, 17-19. Subject to Interstate Commerce Act, 150-152, 607-612. To include express and sleeping car companies, 148-150, 608-612. COMMON LAW. Changed to make initial carrier liable for loss or damage caused by a connecting carrier, 865, 866. Discrimination illegal at, 127-129. Duties of common carriers under, 127-129. |