ought not to exceed 20 cents per 100 pounds, and that from Mississippi river points, 15 cents.-Murphy, Wasey & Co. v. Wabash Rd. Co. et al., (1892) 5 I. C. C. R. 122, 3 I. C. R. 725.

BEDROOM SETS.

Lansing, Mich., to Oakland, Cal.

1. Rate on bedroom sets, finished or unfinished, was $1.30 per 100 pounds. Held, that the rate on unfinished sets should not be more than 85 per cent of the rate on finished sets, or $1.10 per 100 pounds.Potter Mfg. Co. v. Chicago & G. T. Ry. Co. et al., (1892) 5 I. C. C. R. 514, 4 I. C. R. 223.

BEER.

Allowance to routing agent, as rebate, see "Rebates or concessions,' 28-30. Cartage of beer from depot, allowance by carrier for service, see "Rebates or concessions,'' 23.

Middlesborough, Ky., from Cincinnati, O. 1. Rate of 39 cents per 100 pounds, held unlawful under section 4 of Act as compared with rate of 23 cents from same point through Middlesborough to Roanoke and Lynchburg, Va.-Gerke Brewing Co. v. Louisville & N. Rd. Co. et al., (1893) 5 I. C. C. R. 596, 4 I. C. R. 267. Milwaukee, Wis., to Woodward, Okla.

2. Rates of 73 and 75 cents per 100 pounds, held unreasonable; that 53 cents would be reasonable.-Cutter v. Atchison, T. & S. F. Ry. Co., (1906) 11 I. C. C. R. 689.

San Bernardino, Cal., from Chicago, Ill.

3. Rate on beer, packed, in carloads, of $1.30 per 100 pounds, held unlawful under section 4 of Act as compared with rate of $1.10 from same point through San Bernardino to Los Angeles.-San Bernardino Bd. of Trade v. Atchison, T.

"Vegetables.

Classification of beans, see "Classification,'' 39.

BED SLATS.

Omaha, Neb., from Chicago, Ill.

1. Rate applied on mixed carloads of chair stock, mattress frame material and bed slats was 30 cents per 100 pounds; from Mississippi river points to Omaha, 25 cents. Held, that rate from Chicago

R. 104, 3 I. C. R. 138; petition to enforce order of Commission denied, I. C. C. v. Atchison, T. & S. F. Rd. Co., 50 Fed. Rep. 295.

BELT RAILROAD.

When subject to Act.

1. A terminal or belt railroad company which receives shipments of interstate freight consigned, under through bills of lading, to or from industries located on its line, thereby subjects its line to a

BLOOMS.

Pueblo, Colo., to San Francisco, Cal 1. Rate in force was 85 cents per 100 pounds. Rate from Chicago to San Francisco was 50 cents. Held, that rate from Pueblo should not exceed 75 per cent of rate contemporaneously in force from Chicago. Colorado Fuel & Iron Co. v. Southern Pacific Co. et al., (1895) 6 I. C. C. R. 488; petition to enforce order of Commission denied, Southern Pac. Co. v. Colorado Fuel & Iron Co., 101 Fed. Rep. 779, 42 C. C. A. 12.

51

BOOKS, PAPERS AND DOCUMENTS.

Admissibility of, as evidence, see "Evidence.''

Appeal from order requiring production of, see 66 Appeal,” 7.

BOTTLES.

San Bernardino, Cal., from Chicago, Ill. 1. Rate on bottles in bulk, in carloads, of $1.10 per 100 pounds, held unlawful under section 4 of Act as compared with rate of 90 cents from same point through San Bernardino to Los Angeles.-San BerF. Rd. Co. et al., (1890) 4 I. C. C. R. 104, nardino Bd. of Trade v. Atchison, T. & S. 3 I. C. R. 138; petition to enforce order of Commission denied, I. C. C. v. Atchison, T. & S. F. Rd. Co., 50 Fed. Rep. 295.

BREAKAGE.

Damages caused by, Commission without power to award, see "Damages," 5. Rule providing for " owners risk," when carrier elects to disregard, see "Limitation of liability," 16.

BRICK.

Cherryvale, Kan., to Duncan, Ind. Terr. 1. Through rate via St. L. & S. F. Railroad and C., R. I. & P. Railway was 12 cents. Combination on Chickasha was 112 cents. Held, that rate of 111⁄2 cents ought not to be exceeded for the future.Coffeyville Brick & T. Co. v. St. Louis & S. F. Rd. Co. et al., (1907) 12 I. C. C. R. 498.

Frederick, Md., to Elberton, N. J.

2. Carload rate of $3.80 per ton, 236 miles, held unreasonable; that rate ought not to exceed $2.75 per ton.-Frederick Brick Works v. Northern Cent. Ry. Co. et al., (1907) 12 I. C. C. R. 13.

Strasburg and Empire, O., to New York, N. Y.

3. Rate on fire brick from Strasburg was 172 cents; on building and paving brick, 14 cents. Rate on fire brick from Empire was 15 cents, on building brick 132 cents, and on paving brick 12 cents. Held, that fire brick, building brick and paving brick, as to points involved, should

bear the same rate.-Stowe-Fuller Co. v. Pennsylvania Co. et al, (1907) 12 I. C. C. R. 215.

Discrimination between rival bridges in matter of facilities for interchange of traffic, see "Connecting carriers,' 20. Equal facilities for interchange of traffic, bridge company not entitled to, see 'Connecting carriers," 49.

Bridge company as common carrier.

1. A bridge company owning no cars which merely transfers the cars of certain railroad companies over its bridge, and charges a stipulated toll for the service, is not a common carrier within the meaning of the act to regulate commerce.Kentucky & I. Bridge Co. v. Louisville & N. Rd. Co., (1889) 37 Fed. Rep. 567, 615, refusing to enforce order of Commission, 2 I. C. C. R. 162, 2 I. C. R. 102. Rental paid for use of bridge-Right of carrier to demand compensation for outlay.

2. The Union Pacific Railway constructed a bridge over the Missouri river at Omaha, Neb. Certain carriers had leased the right to run their trains across the bridge, paying an annual rental therefor. Held, that the carriers using the

bridge were prima facie entitled to deCommercial Club of Omaha v. Chicago & mand compensation for their outlay.— N. W. Ry. Co. et al., (1897) 7 I. C. Č. R. 386, 402.

Existence of bridge as ground for differential in rates as between rival localities.

at Cincinnati, O., over which traffic is re3. The existence of expensive bridges quired to pass in reaching points in southin rates against Cincinnati and in favor of ern territory, held to justify a differential Louisville, Ky.-Freight Bureau of Cincinnati v. Cincinnati, N. O. & T. P. Ry. Co. et al., (1897) 7 I. C. C. R. 180.

BROKER.

See "Ticket broker."

BROOM CORN.

Eureka Springs, Ark., St. Louis, Mo.

1. Carload rate on, minimum weight 12,000 lbs., was 42 cents per 100 pounds. Held, that any rate in excess of that stated would be unreasonable.-Cary et al. v. Eureka Springs Ry. Co. et al., (1897) 7 I. C. C. R. 286.

BROOM-CORN SEED.

for maintenance of differential, "Rates," 607, 608.

When subject to Act, see "Carriers,'' 33. When not subject to Act, see "Carriers, 49.

1. Carload rate was 27% cents per 100 pounds. Held, that any rate in excess of that stated would be unreasonable.-Cary et al. v. Eureka Springs Ry. Co. et al., (1897) 7 I. C. C. R. 286.

BRUSHES.

Classification of brushes, see

tion," 41.

BUGGIES.

See "Carriages."

Jackson, Mich., to San Bernardino, Cal. 1. Carload rate of $2.50 per 100 pounds, held not unlawful as compared with rate of $2.20 from same point through San Bernardino to Los Angeles, Cal.-Holdzkom v. Michigan Cent. Ry. Co. et al., (1901) 9 I. C. C. R. 42.

Rock Hill, S. C., to Tallahassee, Fla.

2. Carload rate of $1.30 per 100 pounds, held not unlawful under section 4 of Act as compared with rate of $1.10 from same point through Tallahassee to Quincy, Fla. -Rock Hill Buggy Co. v. Southern Ry. Co. et al., (1905) 11 I. C. C. R. 229. San Bernardino, Cal., from Chicago, Ill.

3. Rate on buggies, in carloads, of $2.96 per 100 pounds, held unlawful under section 4 of Act as compared with rate of $2.70 from same point through San Bernardino to Los Angeles.-San Bernardino Bd. of Trade v. Atchison, T. & S. F. Rd. Co. et al., (1890) 4 I. C. C. R. 104, 3 L. C. R. 138; petition to enforce order of Commission denied, I. C. C. v. Atchison, T. & S. F. Rd. Co., 50 Fed. Rep. 295.

BUILDING BRICK.

See Brick."

BULK OF GOODS.

As element in rate making, see "Rates,'' 23.

As element affecting classification, "Classification," 20-26, 35.

BURDEN OF PROOF.

See "Evidence;" "Rates," 1125-1146.

see

Contract limiting liability, when burden

on carrier to show reduced rate, and that such rate was posted and filed, see "Limitation of liability," 12. Departure from rule of equal mileage rates, burden on carrier to justify, see Discrimination, burden of proof in cases 'Rates,'' 1142, 1143. Discrimination, when burden on carrier of, see Rates," 1133-1143. to justify, see "Discrimination," 149, 150.

Findings of Commission, burden on carrier to show finuings erroneous, see "Findings and conclusions of Commission," 14, 15.

In

52.

cases to prevent discrimination in furnishing cars, see "Car distribution," Preference or prejudice, burden of proof, see "Rates," 1133-1139.

Prosecution for granting or accepting rebate from joint tariff, burden to show common control, management or arrangement, see "Criminal prosecution,'' 75, 76.

Reparation, burden of proof in suit to Through interstate passenger fare in exrecover, see "Reparation," 130-140. cess of sum of state locals, burden on carrier to show through rate is reasonable, see "Rates,'' 1062, 1063.

To secure change in classification, see "Classification," 74, 75.

To show discrimination, see "Discrimination,' "' 148.

Under section 4, see "Long and short haul clause, '' 158-167.

Unreasonableness of rate, burden of proof to show, see "Rates," 1126-1131.

BURIAL VAULTS.

Classification of burial vaults, see "Classi fication," 42.

BURLAP BAGS.

BURLAPS.

Liverpool, Eng., through New Orleans to California terminals.

1. Proportion of through rate received by inland carrier for haul from New Or