In a proper case, the Interstate Commerce Commission will dismiss a complaint without prejudice and with a proviso that the complainant may have a rehearing by asking for it.-Wilson v. Rock Creek R. Co., 7 Inters. Com. R. 83.

In a proper case, the Interstate Commerce Commission may suspend the promulgation of an order pending readjustment of the rates complained of, with leave to the complainant to apply for such an order as may seem still to be needed after such readjustment and with leave to either side to present any further evidence on such application.— Rea v. Mobile & O. R. Co., 7 Inters. Com. R. 43.

The Interstate Commerce Commission may make an order as to phases of an investigation which it has concluded, and retain other phases for further investigation and a later order.-In re Boston & M. R. Co., 3 Inters. Com. R. 717, 5 I. C. C. R. 69.

Where the proof shows the petitioner is entitled to some damages but is insufficient as to the extent thereof, the case may be held open pro tem without an order and then dismissed when the parties file notice that they have adjusted the question of the amount of reparation.-Macloon v. Ch. & N. W. R. Co., 3 Inters. Com. 452, 711, 5 I. C. C. R. 84.

Where all the carriers participating in a discrimination are not parties to the proceeding before the Interstate Commerce Commission, an order to desist will be issued against those which are parties, and the others will be ordered to show cause why a similar order should not be made against them.-Hamilton v. C. R. & C. R. Co., 3 Inters. Com. R. 110, 122, 482, 4 I. C. C. R. 686.

Where carriers not shown to be legally connected with a discriminative differential nevertheless answered the complaint and endeavored to justify the differential, they will not be permitted to render the Interstate Commerce Commission's decision in the case ineffectual, by reducing their rates so as to maintain the same relative disparity.- Eau Claire v. Ch. M. & St. P. R. Co., 3 Inters. Com. R. 174, 314, 4 Inters. Com. R. 65, 5 I. C. C. R. 264.

§ 49. Rates and service to be fixed by the commission; * [duty of carriers to obey orders of commission; power to establish through routes and joint rates]. -Whenever either commission shall be of opinion, after a hearing, upon a complaint made as provided in this act, that the rates, fares or charges demanded, exacted, charged or collected by any common carrier, railroad corporation or street railroad corporation subject to its jurisdiction for the transportation of persons, freight or property within the state, or that the regulations or *Words in brackets not a part of section heading as enacted.-Ed.

practices of such common carrier, railroad corporation or street railroad corporation affecting such rates are unjust, unreasonable, unjustly discriminatory or unduly preferential, or in anywise in violation of any provision of law, the commission shall determine the just and reasonable rates, fares and charges to be thereafter observed and in force as the maximum to be charged for the service to be performed, and shall fix the same by order to be served upon all common carriers, railroad corporations or street railroad corporations by whom such rates, fares and charges are thereafter to be observed. And whenever the commission shall be of opinion, after a hearing, had upon its own motion or upon complaint, that the regulations, practices, equipment, appliances, or service of any such common carrier, railroad corporation or street railroad corporation in respect to transportation of persons, freight or property within the state are unjust, unreasonable, unsafe, improper or inadequate, the commission shall determine the just, reasonable, safe, adequate and proper regulations, pratices, equipment, appliances and service thereafter to be in force and to be observed in respect to such transportation of persons, freight and property and so fix and prescribe the same. by order to be served upon every common carrier, railroad corporation and street railroad corporation to be bound thereby; and thereafter it shall be the duty of every common carrier, railroad corporation and street railroad corporation to observe and obey each and every requirement of every such order so served upon it, and to do everything necessary or proper in order to secure absolute compliance with and observance of every such order by all its officers, agents and employees. The commission shall have power by order to require any two or more common carriers or railroad corporations whose lines, owned, operated, controlled or leased, form a continuous line of transportation or could be made to do so by the construction and maintenance of switch connection, to establish through routes and joint rates, fares and charges for the transportation of passengers, freight and property within the state as the commission may, by its order, designate; and in case such through routes and joint rates be not established by the common carriers or railroad corporations named in any such order within the time. therein specified, the commission shall establish just and reasonable rates, fares and charges to be charged for such through transportation, and declare the portion thereof to which each common carrier or railroad corporation affected thereby shall be entitled and the manner in which the same shall be paid and secured.

Provisions stating what compensation may be received by corporations formed under the New York Rapid Transit Act,- see N. Y. Rap. Tr. Act, § 24, subd. 4, post, Appendix A. Provisions of the New York Rapid Transit Act relative to the accommodations which must be furnished for the conveyance of

passengers and property,—see N. Y. Rap. Tr. Act, § 28, post, Appendix A.

Transportation of property or freight defined,- see ante, § 1 (Subd. L.).

Territorial jurisdiction of the Commissions,-see ante, §§ 5, 25. Duty of carriers to furnish safe and adequate service,- see ante, § 26.

Duty of carriers to charge rates just and reasonable in themselves,— see ante, § 26.

Power of Commission to order switch and sidetrack connections,— see also ante, & 27.

Duty of carriers to install switch and sidetrack connections,― see ante, § 27.

Duty of carriers not to charge rates relatively unreasonable,- see ante, § 31.

Duty of carriers not to give any undue preference or advantage,— see ante, § 32.

Duty of carriers not to discriminate between connecting lines,- see ante, § 35.

Power of Commissions to order through routes and joint rates,—see also ante, § 35.

Duty of carriers not to charge less for longer than for shorter dis

tances, see ante, § 36.

Duty of carriers to furnish sufficient cars and motive power,— see ante, § 37.

General power of the state to regulate property devoted to public use,- see ante, § 1, notes [1]-[22].

General rules of statutory construction,― see ante, § 1, notes [23]*[40].

Who are common carriers, see ante, § 2, notes [2]-[7].

What constitutes a railroad or street railroad,- see ante, § 2, note

[8].

Compelling production of books and papers,-see ante, § 19, notes

[3]-[6].

Punishment of witnesses for contempt,- see ante, § 19, notes [7]

[12].

Commission not bound by technical rules of procedure,- see ante,

§ 20, note [1].

Immunity of witnesses,

see ante, § 20, notes [2]-[9].

Provisions of Act applicable to through routes as well as single lines, see ante, § 26, note [25].

Duty of carrier to charge rates reasonable in themselves,- see ante, § 26, note [29].

Divisibility of contract containing clause void for giving discriminatory rates, see ante, § 31, note [9].

Complainant as to disparities between through and local rates must be person affected by rates,- see ante, § 31, note [75].

Who may complain as to discriminations under § 32,- see ante, § 32, note [3].

When commission will intervene to determine whether carriers unduly discriminate,- see ante, § 32, note [8].

Determination whether passes may be given,- see ante, § 33, note [16].

Whether action by commission is necessary before prosecution for violation of long and short haul clause,- see ante, § 36, note [42].

Investigation of accidents,- see ante § 47, note.

State Commission as proper complainant before Interstate Commerce Commission,- see post, § 60, note.

[1] Legislative control over rates and service — In general.

Power of the state to regulate the mode of operation of railroads,— see also, ante, § 1, note [2].

General power of the state to regulate rates and charges,- see also, ante, § 1, note [2].

Exemptions from public control,- see ante, § 1, notes [16]-[21]. Effect of reservation of power to amend charter on power to regulate rates,- see ante, § 1, note [25].

Purpose of regulative acts,- see ante, § 1, note [32].

Effect of receivership on regulative power,- see ante, § 2, note [15]. State may regulate rates only on intrastate shipments,- see ante, § 25, note [10].

Extent of power of state to regulate as to safety appliances,― see ante, § 25, note [10].

Power of state to require posting of tariff schedules,- see ante, § 28, note [1].

Power of state to compel railroads to file reports,- see ante, § 46,

note.

Power of state to require railroads to give notice of happening of accidents, see ante, § 47, note.

The state may fix rates for transportation within its limits.- Smyth v. Ames, 169 U. S. 466, 18 Sup. Ct. R. (U. S.) 418, affg. s. c. 64 Fed. 165; Metropolitan Trust Co. v. Houston & T. C. R. R., 90 Fed. 683.

The appropriate regulation of the use of property is not "taking" it, within the meaning of the constitutional prohibition.- Richmond, F. & P. R. Co. v. Richmond, 96 U. S. 521, affg. s. c. 26 Grat. (Va.) 83.

When property has been clothed with a public interest, the legislature may fix a limit to that which shall in law be reasonable for its use.- - Peik v. Ch. & N. W. R. Co., 94 U. S. 164, affg. 19 Fed. 625; Munn v. Illinois, 94 U. S. 113, affg. s. c. 69 Ill. 80.

The legislature may regulate railroad rates within a state.- Chicago, B. & Q. R. Co. v. Iowa, 94 U. S. 155, affg. s. c. Fed. Cases, No. 2,666; People ex rel. Kimball v. Boston & A. R. Co., 70 N. Y. 569; Kennebec Water Dist. v. Waterville, 97 Me. 185, 54 Atl. 6, 60 L. R. A. 856; Chicago, B. & Q. R. Co. v. Anderson, 72 Neb. 856, 101 N. W. 1019; Delaware, L. & W. R. Co. v. Central Stockyards Co., 45 N. J. Eq. 50, 17 Atl. 146, 6 L. R. A. 855n.

A state may regulate a business within its territory which is clothed with a public interest.- Munn v. Illinois, 94 U. S. 113, afig. s. c. 69 Ill. 80.

The power of a municipality to regulate fares is subject to the limitations that (1) there must be a reasonable need on the part of the public, considering the nature and extent of the service, of lower rates and better terms than those existing, and that (2) the rates and terms fixed by an ordinance shall not be clearly unreasonable in view of all the conditions.― Milwaukee Elec. R. & L. Co. v. Milwaukee, 87 Fed. 577.

The legislature may fix the charges and regulate the service rendered by a railroad corporation.- Beekman v. Saratoga & S. R. Co., 3 Paige (N. Y.), 45.

Municipalities, in exercising their police power over public service corporations, must regulate without discrimination or favoritism.Village of Carthage v. Central N. Y. Tel. & T. Co., 48 Misc. (N. Y.) 423, 96 N. Y. Supp. 917; revd. on other grounds, 110 App. Div. (N. Y.) 625, 96 N. Y. Supp. 919.

Corporations or individuals exercising public franchises or performing public services, unless there is a contract otherwise providing and which exempts them from the operation of the general rule, are subject to the power of the legislative department to regulate their compensation for such services, the limitation to this doctrine being that such compensation must be reasonable.- Leadville Water Co. v. Leadville, 22 Colo. 297, 45 Pac. 362.

The state may fix the maximum rates which a telephone company may charge.-Hockett v. State, 105 Ind. 250, 5 N. E. 178.

State regulation of property vested with a public use is not an interference with constitutional rights.- Hockett v. State, 105 Ind. 250, 5 N. E. 178.

The legislature may fix rates and make regulations for the service rendered by common carriers.- Chicago, I. & L. R. Co. v. R. R. Commission, 38 Ind. App. 439, 78 N. E. 338.