PART II. INTERSTATE COMMERCE ACT. SECTION 1. 132. Section 1 of the Act of 1887. 133. Section 1 as amended by Act of June 18, 1910. 134. Amendments to the section. 135. All of interstate commerce not included. 136. Parties subject to the act. 137. Common carriers under the act. 138. Express companies under the act. 139. Sleeping car companies. 140. Under common control, management, or arrangement for a continuous carriage. 141. Transportation through a state. 142. Territorial transportation. 143. Interstate electric railroads. 144. Receivers, lessees, and purchasers pendente lite. 145. Foreign commerce. 146. Place of incorporation of carrier immaterial. 147. The intention of interstate shipment not sufficient. 148. All instrumentalities of shipment or carriage. 149. Delivery, cartage, storage, and demurrage charges. 150. Commerce court on terminal facilities and plant facilities. 151. Bulk grain storage as part of transportation. 152. The amendments of section as to accessory charges. 153. Carriage of live stock and perishable property. 154. Refrigeration in transit. 155. Private cars. 156. Prohibition of passes. 157. The commodities clause. 158. Switch connections. 159. The establishment of through routes. 160. Classifications, regulations, and practices. 161. Charges must be reasonable and just. 162. Practical difficulties in the enforcement of reasonableness in rates. 163. Standard of reasonableness under state statutes. 164. Standard of reasonableness under the act. 165. The power of the commission in fixing rates. 166. No power in the courts to fix rates. 167. The federal courts on reasonableness of railroad rates. 168. The value of railroad property as a basis for rate regulation. 169. The unearned increment in valuation of railroad property in rate regulation. 170. The relation of railroad rate to investment of earnings in property. 171. Reasonableness under sections 1 and 3. 172. Consideration of reasonableness in the courts. 173. Rulings of the commission upon the reasonableness of rates. 174. Limitation of the commission's power in fixing rates. 175. Presumptions of reasonableness from established rates. 176. Burden of proof. 177. Considerations in the determination of reasonableness. 178. What is a reasonable rate. 179. Res judicata with respect to rates. 180. Through rates and local rates. 181. Reasonableness in commutation rates. 182. Relation of interstate to state rates. 183. Rates as affected by development of country. 184. Commission on the interdependence of rates. 185. The commerce court on interdependence of rates. 186. Reasonableness of rates as dependent on character of traffic. 187. Distance as a factor in rates. 188. The commission on comparison of rates. 189. Reasonableness of rates as relating to cost of service and needs of the shipper. 190. Reasonableness and proportion. 191. The commission on rate wars and reasonableness of rates. 132 (104). Section 1 of the Act of 1887-Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this act [Carriers and transportation subject to the act.] shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water. when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country; Provided, however, That the provision [Act does not apply to transportation wholly within one of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid. [What the terms "railroad" and "transportation” in clude.] The term "railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agree ment, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage. [Charges must be reasonable and fust.] All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. 133. Section 1 as amended and in force (1911).-SECTION 1. (As amended June 29, 1906, April 13, 1903, and June 18, 1910.) That the provisions of this Act shall apply to any corporation or any person or persons engaged in the transportation of oil or other commodity except water and except natural or artificial gas, by means of pipe lines, or partly by pipe lines and partly by railroad, or partly by pipe lines and partly by water, and to [Carriers, telegraph, telephone, and cable companies, telegraph, telephone, and cable companies (whether wire or wireless) engaged in sending messages from one State, Territory, or District of the United States, or to any other State, Territory, or District of the United States, or to any foreign country, who shall be considered and held to be common carriers within the meaning and purpose of this Act, and to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad (or partly by railroad and partly by water when both are used under a common control, management, or arrangement for a continuous carriage or shipment), from one State or Territory of the United States or the District of Columbia, to any other State or Territory of the United States or the District of Columbia, or from one place in a Territory' to another place in the same Territory, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Pro [Act does not apply to transportation or to transmission of messages wholly within one state.] vided, however, That the provisions of this Act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property wholly within one State and not shipped to or from a foreign country from or to any State or Territory as aforesaid, nor shall they apply to the transmission of messages by telephone, telegraph, or cable wholly within one State and not transmitted to or from a foreign country from or to any State or Territory as aforesaid. [Express companies and sleeping car companies in cluded.] [What the term "railroad" includes.] The term "common carrier" as used in this Act shall include express companies and sleeping car companies. The term "railroad" as used in this Act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease, and shall also include all switches, spurs, tracks, and terminal facilities of every kind used or necessary in the transportation of the persons or property designated herein, and also all freight depots, yards, and grounds used or necessary in the transporta [What the term "transportation” includes.] tion or delivery of any of said property; and the term "transportation" shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported; and it shall [Duty of carrier.] be the duty of every carrier subject to the provisions of this Act to provide and furnish such transportation upon reasonable request therefor, and to establish through routes and just and reasonable rates applicable thereto, and to provide reasonable facilities for operating such through routes and to make reasonable rules and regulations with respect to the exchange, interchange, and return of cars used therein, and for the operation of such through routes, and providing for reasonable compensation to those entitled thereto. [Charges must be just and reasonable.] All charges made for any service rendered or to be rendered in the transportation of passengers or property and for the transmission of messages by telegraph, telephone, or cable, as aforesaid, or in connection therewith, shall be just and reasonable; and every unjust and unreasonable charge for such service or |